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