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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of certain public health mandates by |
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governmental entities and businesses in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 418, Government Code, is |
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amended by adding Section 418.196 to read as follows: |
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Sec. 418.196. LIMITATION ON AUTHORITY OF GOVERNMENTAL |
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ENTITY TO ISSUE CERTAIN PUBLIC HEALTH MANDATES. (a) In this |
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section: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease. |
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(2) "Governmental entity" means: |
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(A) this state; |
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(B) a municipality, county, school district, |
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public health authority, or other political subdivision of this |
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state; |
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(C) an open-enrollment charter school; and |
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(D) an officer or employee of this state, a |
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political subdivision of this state, or an open-enrollment charter |
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school. |
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(b) Notwithstanding any other law and except as provided by |
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Subsection (c), a governmental entity may not adopt or enforce an |
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ordinance, order, or other measure that requires an individual to: |
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(1) wear a face covering; or |
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(2) be vaccinated against COVID-19. |
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(c) The limitation prescribed by Subsection (b)(1) does not |
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apply to an ordinance, order, or other measure that relates to: |
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(1) a state supported living center, as defined by |
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Section 531.002, Health and Safety Code; |
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(2) a hospital that is owned or operated by this state, |
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an agency of this state, or the federal government; or |
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(3) a facility operated by the Texas Department of |
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Criminal Justice or the Texas Juvenile Justice Department, or a |
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municipal or county jail, subject to any applicable guidance |
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provided by the Commission on Jail Standards. |
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SECTION 2. Sections 161.0085(c), (d), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(c) A public or private entity [business] in this state may |
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not require a person [customer] to provide any documentation |
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certifying the person's [customer's] COVID-19 vaccination or |
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post-transmission recovery on entry to, to gain access to, or to |
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receive service from the entity [business]. A business that fails |
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to comply with this subsection is not eligible to receive public |
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money, use a facility financed wholly or partly using public money, |
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[a grant] or enter into a contract payable with public money [state |
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funds]. |
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(d) Notwithstanding any other law, each appropriate state |
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agency: |
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(1) shall ensure that public and private entities |
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[businesses] in this state comply with Subsection (c); and |
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(2) may require compliance with that subsection as a |
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condition for issuing a license, permit, or other state |
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authorization to a business entity necessary for conducting |
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business in this state. |
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(e) This section may not be construed to: |
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(1) restrict a public or private entity [business] |
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from implementing COVID-19 screening and infection control |
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protocols in accordance with state and federal law to protect |
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public health; [or] |
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(2) prohibit a requirement to provide documentation |
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necessary for the administration of a COVID-19 vaccination; or |
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(3) interfere with an individual's right to access the |
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individual's personal health information under federal law. |
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SECTION 3. This Act takes effect September 1, 2023. |