Texas House Bill HB154

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to governmental authority to require a person to wear a face mask or covering or other personal protective equipment during a disaster.

Impact

The enactment of HB154 would significantly modify existing state laws regarding disaster management and public health mandates. Specifically, it would prevent any future executive orders or local mandates that require individuals to wear masks unless explicitly permitted by a different legislative provision. This shift may enhance individual liberties but could also lead to public health challenges during future health crises, as local authorities would have limited capacity to respond to such emergencies with protective measures.

Summary

House Bill 154 proposes amendments to the Texas Government Code concerning the authority of the governor and local political subdivisions to mandate the wearing of face masks or other personal protective equipment during declared disasters. The bill explicitly states that such mandates cannot be enforced unless other provisions of law authorize them, essentially curtailing the power of executive orders related to health mandates. This change aims to limit governmental control during health emergencies, responding to rising public sentiment against mask mandates and perceived overreach during the COVID-19 pandemic.

Sentiment

The sentiment surrounding HB154 was marked by division. Supporters of the bill argue it promotes personal freedom and limits governmental overreach, reflecting sentiments from various constituents who oppose current health mandates. Conversely, critics argue that restricting officials' ability to enforce mask mandates during disasters could compromise community health and safety, echoing concerns voiced during the pandemic regarding the necessity of protective measures.

Contention

Notable points of contention within the discussions of HB154 center around the balance between government authority and individual rights. Proponents emphasize the importance of personal choice and criticize past mandates as nonsensical government overreach, while opponents caution that diminished authority for local governments could undermine effective public health responses. This debate reflects broader national discussions about the role of government in public health crises and the limits of state power.

Texas Constitutional Statutes Affected

Government Code

• Chapter 418. Emergency Management
  • Section: 012
  • Section: 108