| 1 | 1 | | 87S30004 YDB-F |
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| 2 | 2 | | By: Johnson S.B. No. 33 |
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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 governor's issuance of executive orders, |
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| 8 | 8 | | proclamations, and regulations regarding the wearing of face masks |
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| 9 | 9 | | or coverings during a declared state of disaster. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 418.012, Government Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter, |
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| 14 | 14 | | the governor may issue executive orders, proclamations, and |
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| 15 | 15 | | regulations and amend or rescind them. Executive orders, |
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| 16 | 16 | | proclamations, and regulations have the force and effect of law. |
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| 17 | 17 | | (b) Notwithstanding Subsection (a), the governor may not |
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| 18 | 18 | | issue an executive order, proclamation, or regulation under this |
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| 19 | 19 | | chapter that prohibits an institution of higher education as |
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| 20 | 20 | | defined by Section 61.003, Education Code, school district, |
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| 21 | 21 | | open-enrollment charter school, municipality, county, or health |
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| 22 | 22 | | authority from adopting a policy or issuing an order requiring the |
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| 23 | 23 | | wearing of face masks or coverings during a declared state of |
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| 24 | 24 | | disaster. |
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| 25 | 25 | | SECTION 2. The changes in law made by this Act apply to an |
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| 26 | 26 | | order, proclamation, or regulation that is in effect on the |
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| 27 | 27 | | effective date of this Act or that is issued or renewed on or after |
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| 28 | 28 | | the effective date of this Act. An order, proclamation, or |
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| 29 | 29 | | regulation in effect on the effective date of this Act that |
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| 30 | 30 | | conflicts with the law as amended by this Act is void as of that date |
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| 31 | 31 | | and not enforceable against any person. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect on the 91st day after the last day of the |
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| 37 | 37 | | legislative session. |
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