| 1 | 1 | | By: Schaefer H.B. No. 128 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to government authority to require a person to wear a mask |
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| 7 | 7 | | or personal protective equipment during a disaster. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 418.012, Government Code, is |
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| 10 | 10 | | redesignated as 418.012(a) and amended by adding Subsection (b) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter, |
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| 13 | 13 | | the governor may issue executive orders, proclamations, and |
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| 14 | 14 | | regulations and amend or rescind them. Executive orders, |
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| 15 | 15 | | proclamations, and regulations have the force and effect of law. |
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| 16 | 16 | | (b) The governor may not issue an executive order, |
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| 17 | 17 | | proclamation, or regulation that requires a person to wear a mask or |
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| 18 | 18 | | personal protective equipment unless expressly provided by |
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| 19 | 19 | | statute. |
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| 20 | 20 | | SECTION 2. Section 418.108, Government Code, is amended by |
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| 21 | 21 | | adding Subsection (j) to read as follows: |
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| 22 | 22 | | (j) A local official may not issue an executive order or |
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| 23 | 23 | | proclamation that requires a person to wear a mask or personal |
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| 24 | 24 | | protective equipment unless expressly provided by statute. |
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| 25 | 25 | | SECTION 3. The change in law made by this Act applies to |
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| 26 | 26 | | executive orders, proclamations, and regulations that are |
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| 27 | 27 | | currently in effect, or go into effect on or after the effective |
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| 28 | 28 | | date of this Act. |
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| 29 | 29 | | SECTION 4. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2021. |
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