| 1 | 1 | | 87R1596 MEW-D |
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| 2 | 2 | | By: Tinderholt H.B. No. 3782 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to governmental authority to close private and public |
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| 8 | 8 | | schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E, Chapter 81, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 81.0851 to read as follows: |
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| 12 | 12 | | Sec. 81.0851. APPLICATION OF CONTROL MEASURES TO SCHOOLS. |
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| 13 | 13 | | Notwithstanding any other provision of this chapter, the department |
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| 14 | 14 | | or a health authority may not impose control measures that require |
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| 15 | 15 | | the closure of a public or private school within its jurisdiction. |
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| 16 | 16 | | SECTION 2. Section 418.012, Government Code, is amended to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter, |
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| 19 | 19 | | the governor may issue executive orders, proclamations, and |
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| 20 | 20 | | regulations and amend or rescind them, except as provided by |
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| 21 | 21 | | Subsection (b). Executive orders, proclamations, and regulations |
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| 22 | 22 | | have the force and effect of law. |
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| 23 | 23 | | (b) The governor may not issue an executive order, |
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| 24 | 24 | | proclamation, or regulation requiring the closure of a public or |
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| 25 | 25 | | private school. |
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| 26 | 26 | | SECTION 3. Section 418.016, Government Code, is amended by |
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| 27 | 27 | | adding Subsection (i) to read as follows: |
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| 28 | 28 | | (i) Notwithstanding Subsection (a), the governor may not |
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| 29 | 29 | | suspend Section 418.012(b) or a state agency rule or order that |
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| 30 | 30 | | conflicts with that subsection. |
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| 31 | 31 | | SECTION 4. This Act takes effect September 1, 2021. |
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