Texas House Bill HB128

Texas 2021 - 87th 2nd C.S.

Caption

Relating to government authority to require a person to wear a mask or personal protective equipment during a disaster.

Impact

The passage of HB 128 would have significant implications for public health policy in Texas. By limiting executive power, it would create a statutory framework that must be followed before any mandates regarding masks can be put in place. This change could lead to inconsistent public health responses at different levels of government, as local officials may no longer issue mandates in response to evolving health concerns without explicit legislative support. The act could foster a perception of reduced government intervention in health matters during emergencies.

Summary

House Bill 128 amends sections of the Government Code to restrict the authority of both the governor and local officials in imposing mandates requiring individuals to wear masks or any personal protective equipment during a disaster. The bill specifies that such requirements can only be enacted if explicitly provided by statute, aiming to clarify the limits of executive powers in emergency situations. This legislative move appears to be a response to the varied mask mandates issued during health crises, particularly during the COVID-19 pandemic.

Contention

Discussions surrounding HB 128 have likely included concerns from both proponents and opponents of the bill. Supporters argue that it protects individual liberties by preventing government overreach, particularly in situations where state of emergencies are invoked. Conversely, opponents may raise alarms about the public health risks of eliminating or limiting mask mandates during critical times, suggesting that such a restriction could endanger vulnerable populations. As local responses to disasters can vary significantly, this bill could polarize opinions on the balance between personal freedoms and public safety.