| 1 | 1 | | By: Eckhardt, et al. S.B. No. 40 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the implementation by public schools of certain |
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| 7 | 7 | | COVID-19 public health orders issued by a health authority. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 10 | 10 | | amended by adding Section 38.0023 to read as follows: |
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| 11 | 11 | | Sec. 38.0023. REQUIRED IMPLEMENTATION OF CERTAIN COVID-19 |
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| 12 | 12 | | PUBLIC HEALTH ORDERS. (a) In this section, "health authority" has |
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| 13 | 13 | | the meaning assigned by Section 81.003, Health and Safety Code. |
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| 14 | 14 | | (b) Notwithstanding any other law, a school district shall |
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| 15 | 15 | | implement or otherwise comply with health directives outlined in a |
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| 16 | 16 | | public health order issued by a health authority with jurisdiction |
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| 17 | 17 | | over territory in which the district is wholly or partly located |
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| 18 | 18 | | regarding evidence-based practices to reduce or eliminate the |
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| 19 | 19 | | transmission of or infection with COVID-19 among district students |
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| 20 | 20 | | and staff, including directives requiring the students and staff to |
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| 21 | 21 | | wear face masks or face coverings. |
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| 22 | 22 | | SECTION 2. Section 38.0023, Education Code, as added by |
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| 23 | 23 | | this Act, applies only to a public health order issued by a health |
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| 24 | 24 | | authority on or after the effective date of this Act. |
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| 25 | 25 | | SECTION 3. This Act takes effect January 1, 2022. |
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