88R2734 CJC-F
By: Schaefer H.B. No. 154
A BILL TO BE ENTITLED
AN ACT
relating to governmental authority to require a person to wear a
face mask or covering or other personal protective equipment during
a disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.012, Government Code, is amended to
read as follows:
Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter,
the governor may issue, amend, or rescind executive orders,
proclamations, and regulations [and amend or rescind them].
Executive orders, proclamations, and regulations have the force and
effect of law.
(b) Notwithstanding Subsection (a), the governor may not
issue an executive order, proclamation, or regulation under this
chapter that requires a person to wear a face mask or covering or
other item of personal protective equipment unless a provision of
law other than a provision of this chapter specifically authorizes
the governor to require a person to wear a face mask or covering or
other item of personal protective equipment.
SECTION 2. Section 418.108, Government Code, is amended by
adding Subsection (j) to read as follows:
(j) The presiding officer of the governing body of a
political subdivision may not issue an order or proclamation
related to a declared state of disaster or local state of disaster
that requires a person to wear a face mask or covering or other item
of personal protective equipment unless a provision of law other
than a provision of this chapter authorizes the presiding officer
of the governing body to require a person to wear a face mask or
covering or other item of personal protective equipment.
SECTION 3. The changes in law made by this Act apply to an
order, proclamation, or regulation that is in effect on the
effective date of this Act or that is issued or renewed on or after
the effective date of this Act. An order, proclamation, or
regulation in effect on the effective date of this Act that
conflicts with the law as amended by this Act is void as of that date
and not enforceable against any person.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.