| 1 | 1 | | 87S30227 JG-D |
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| 2 | 2 | | By: Howard H.B. No. 98 |
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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 the authority of a business to implement certain |
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| 8 | 8 | | communicable disease prevention and control policies. |
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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 A, Chapter 81, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 81.018 to read as follows: |
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| 12 | 12 | | Sec. 81.018. AUTHORITY OF BUSINESS TO IMPLEMENT CERTAIN |
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| 13 | 13 | | COMMUNICABLE DISEASE PREVENTION AND CONTROL POLICIES. (a) In this |
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| 14 | 14 | | section, "COVID-19" means the 2019 novel coronavirus disease. |
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| 15 | 15 | | (b) Notwithstanding any other law, a business in this state |
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| 16 | 16 | | may implement a policy that requires an individual to wear a face |
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| 17 | 17 | | mask or covering or to provide proof of vaccination or immunization |
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| 18 | 18 | | against a particular communicable disease, including COVID-19, for |
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| 19 | 19 | | the individual to obtain a service provided by or gain access to an |
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| 20 | 20 | | establishment owned or operated by the business. |
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| 21 | 21 | | (c) A state agency may not suspend or revoke a business's |
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| 22 | 22 | | license, permit, or other state authorization necessary for |
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| 23 | 23 | | conducting business in this state or take any other disciplinary |
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| 24 | 24 | | action against a business for implementing a policy described by |
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| 25 | 25 | | Subsection (b). |
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| 26 | 26 | | SECTION 2. Sections 161.0085(c) and (d), Health and Safety |
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| 27 | 27 | | Code, are repealed. |
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| 28 | 28 | | SECTION 3. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect on the 91st day after the last day of the |
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| 33 | 33 | | legislative session. |
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