87S21003 YDB-F
By: Johnson S.B. No. 95
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.012, Government Code, is amended 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) Notwithstanding Subsection (a), the governor may not
issue an executive order, proclamation, or regulation under this
chapter that prohibits an institution of higher education as
defined by Section 61.003, Education Code, school district,
open-enrollment charter school, municipality, county, or health
authority from adopting a policy or issuing an order requiring the
wearing of face masks or coverings during a declared state of
disaster.
SECTION 2. The changes in law made by this Act apply to an
order, proclamation, or regulation that is in effect on the
effective date of this Act or that is issued or renewed on or after
the effective date of this Act. An order, proclamation, or
regulation in effect on the effective date of this Act that
conflicts with the law as amended by this Act is void as of that date
and not enforceable against any person.
SECTION 3. 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 on the 91st day after the last day of the
legislative session.