Texas Senate Bill SB95

Texas 2021 - 87th 2nd C.S.

Caption

Relating to the governor's issuance of executive orders, proclamations, and regulations regarding the wearing of face masks or coverings during a declared state of disaster.

Impact

The implications of SB95 are significant for both state and local governance. By preventing the governor from overriding local mask mandates, the bill reinforces local control during public health crises. This could lead to a patchwork of regulations across Texas, where some areas may require masks while others do not, based on the judgment of local officials. Supporters of the bill argue that it is essential for communities to respond effectively to their unique circumstances, especially in regions with varying levels of COVID-19 cases or public health resource availability.

Summary

SB95 amends Section 418.012 of the Government Code to clarify the authority of the governor regarding the issuance of executive orders, proclamations, and regulations related to the wearing of face masks or coverings during a declared state of disaster. Specifically, the bill prohibits the governor from issuing any executive order that would prevent higher education institutions, school districts, municipalities, counties, or health authorities from adopting their own policies mandating face coverings. This change reflects ongoing debates about local control versus state authority in public health matters and is designed to empower local entities to address their specific needs during health emergencies.

Contention

The passage of SB95 could ignite contention among legislators and constituents. Proponents argue that local governments are better suited to make decisions tailored to their communities, which may face distinct challenges and needs. On the other hand, opponents may voice concerns that the bill undermines a unified state response to public health emergencies, potentially leading to confusion or non-compliance among constituents. Additionally, the bill’s potential to create conflict between state and local policies could lead to legal challenges or varying enforcement levels, complicating the overall public health response.