2023S0155-T 02/15/23
By: Lozano H.B. No. 3719
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of face covering mandates by this state
and political subdivisions of this state in response to the
COVID-19 pandemic; providing exceptions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 418, Government Code, is
amended by adding Section 418.196 to read as follows:
Sec. 418.196. LIMITATION ON AUTHORITY OF GOVERNMENTAL
ENTITY TO MANDATE CERTAIN FACE COVERINGS. (a) In this section,
"governmental entity" means:
(1) this state;
(2) a municipality, county, school district, public
health authority, or other political subdivision of this state; and
(3) an officer or employee of this state or a political
subdivision of this state.
(b) Notwithstanding any other law and except as provided by
Subsection (c), a governmental entity may not adopt or enforce an
ordinance, order, or other measure that requires an individual to
wear a face covering in response to the COVID-19 pandemic.
(c) The limitation prescribed by Subsection (b) does not
apply to an ordinance, order, or other measure that relates to:
(1) a state supported living center, as defined by
Section 531.002, Health and Safety Code;
(2) a hospital that is owned or operated by this state,
an agency of this state, or the federal government; or
(3) subject to any applicable guidance provided by the
Texas Commission on Jail Standards, a facility operated by the
Texas Department of Criminal Justice or the Texas Juvenile Justice
Department or a municipal or county jail.
SECTION 2. 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.