| 1 | 1 | | 88R2734 CJC-F |
|---|
| 2 | 2 | | By: Schaefer H.B. No. 154 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to governmental authority to require a person to wear a |
|---|
| 8 | 8 | | face mask or covering or other personal protective equipment during |
|---|
| 9 | 9 | | a disaster. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 418.012, Government Code, is amended to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter, |
|---|
| 14 | 14 | | the governor may issue, amend, or rescind executive orders, |
|---|
| 15 | 15 | | proclamations, and regulations [and amend or rescind them]. |
|---|
| 16 | 16 | | Executive orders, proclamations, and regulations have the force and |
|---|
| 17 | 17 | | effect of law. |
|---|
| 18 | 18 | | (b) Notwithstanding Subsection (a), the governor may not |
|---|
| 19 | 19 | | issue an executive order, proclamation, or regulation under this |
|---|
| 20 | 20 | | chapter that requires a person to wear a face mask or covering or |
|---|
| 21 | 21 | | other item of personal protective equipment unless a provision of |
|---|
| 22 | 22 | | law other than a provision of this chapter specifically authorizes |
|---|
| 23 | 23 | | the governor to require a person to wear a face mask or covering or |
|---|
| 24 | 24 | | other item of personal protective equipment. |
|---|
| 25 | 25 | | SECTION 2. Section 418.108, Government Code, is amended by |
|---|
| 26 | 26 | | adding Subsection (j) to read as follows: |
|---|
| 27 | 27 | | (j) The presiding officer of the governing body of a |
|---|
| 28 | 28 | | political subdivision may not issue an order or proclamation |
|---|
| 29 | 29 | | related to a declared state of disaster or local state of disaster |
|---|
| 30 | 30 | | that requires a person to wear a face mask or covering or other item |
|---|
| 31 | 31 | | of personal protective equipment unless a provision of law other |
|---|
| 32 | 32 | | than a provision of this chapter authorizes the presiding officer |
|---|
| 33 | 33 | | of the governing body to require a person to wear a face mask or |
|---|
| 34 | 34 | | covering or other item of personal protective equipment. |
|---|
| 35 | 35 | | SECTION 3. The changes in law made by this Act apply to an |
|---|
| 36 | 36 | | order, proclamation, or regulation that is in effect on the |
|---|
| 37 | 37 | | effective date of this Act or that is issued or renewed on or after |
|---|
| 38 | 38 | | the effective date of this Act. An order, proclamation, or |
|---|
| 39 | 39 | | regulation in effect on the effective date of this Act that |
|---|
| 40 | 40 | | conflicts with the law as amended by this Act is void as of that date |
|---|
| 41 | 41 | | and not enforceable against any person. |
|---|
| 42 | 42 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 46 | 46 | | Act takes effect September 1, 2023. |
|---|