| 1 | 1 | | By: Hunter H.B. No. 4841 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the prohibition on COVID-19 restrictions, with |
|---|
| 7 | 7 | | exceptions. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subchapter A, Chapter 161, Health and Safety |
|---|
| 10 | 10 | | Code, is amended by adding Section 161.0015 to read as follows: |
|---|
| 11 | 11 | | Sec. 161.0015. PROHIBITED COVID-19 VACCINE MANDATES. (a) |
|---|
| 12 | 12 | | This state, a state agency, or a political subdivision of this |
|---|
| 13 | 13 | | state, including a public school district, an open-enrollment |
|---|
| 14 | 14 | | charter school, or a public health authority may not implement, |
|---|
| 15 | 15 | | order, or otherwise impose a mandate requiring an individual to be |
|---|
| 16 | 16 | | vaccinated against COVID-19. |
|---|
| 17 | 17 | | (b) Notwithstanding Subsection (a), a facility owned or |
|---|
| 18 | 18 | | operated by this state, a state agency, or a political subdivision |
|---|
| 19 | 19 | | of this state that is subject to the Centers for Medicare & Medicaid |
|---|
| 20 | 20 | | Services vaccine requirement contained in 86 Fed. Reg. 61555 (2021) |
|---|
| 21 | 21 | | may require an employee or an applicant for employment to provide |
|---|
| 22 | 22 | | documentation certifying the employee's or applicant's COVID-19 |
|---|
| 23 | 23 | | vaccination. |
|---|
| 24 | 24 | | SECTION 2. Subchapter H, Chapter 418, Government Code, is |
|---|
| 25 | 25 | | amended by adding Section 184.196, Section 184.197, and Section |
|---|
| 26 | 26 | | 184.198 to read as follows: |
|---|
| 27 | 27 | | Sec. 418.196. BAN ON COVID-19-RELATED BUSINESS CLOSURES OR |
|---|
| 28 | 28 | | LIMITATIONS. This state, a state agency, a public health |
|---|
| 29 | 29 | | authority, or the governing body of a political subdivision or its |
|---|
| 30 | 30 | | presiding officer shall not issue an order, enact an ordinance, or |
|---|
| 31 | 31 | | take any other action having the force and effect of law that would |
|---|
| 32 | 32 | | limit or prohibit any business activity or services in response to |
|---|
| 33 | 33 | | the COVID-19 pandemic. |
|---|
| 34 | 34 | | Sec. 418.197. BAN ON COVID-19-RELATED SCHOOL CLOSURES OR |
|---|
| 35 | 35 | | LIMITATIONS. This state, a state agency, a public school district, |
|---|
| 36 | 36 | | an open-enrollment charter school, a public health authority, or |
|---|
| 37 | 37 | | the governing body of a political subdivision or its presiding |
|---|
| 38 | 38 | | officer may not issue an order, enact an ordinance, or take any |
|---|
| 39 | 39 | | other action having the force and effect of law that would limit or |
|---|
| 40 | 40 | | prohibit any school activity or service in response to the COVID-19 |
|---|
| 41 | 41 | | pandemic. |
|---|
| 42 | 42 | | Sec. 418.198. LIMITATION ON AUTHORITY OF GOVERNMENTAL |
|---|
| 43 | 43 | | ENTITY TO MANDATE CERTAIN FACE COVERINGS. (a) In this section, |
|---|
| 44 | 44 | | "governmental entity" means: |
|---|
| 45 | 45 | | (1) this state or a state agency; |
|---|
| 46 | 46 | | (2) a municipality, a county, a public school |
|---|
| 47 | 47 | | district, open-enrollment charter school, a public health |
|---|
| 48 | 48 | | authority, or other political subdivision of this state; and |
|---|
| 49 | 49 | | (3) an officer or employee of a political subdivision |
|---|
| 50 | 50 | | of this state. |
|---|
| 51 | 51 | | (b) Notwithstanding any other law, and except as provided by |
|---|
| 52 | 52 | | Subsection (c), a governmental entity may not adopt or enforce an |
|---|
| 53 | 53 | | ordinance, order, or other measure that requires an individual to |
|---|
| 54 | 54 | | wear a face covering in response to the COVID-19 pandemic. |
|---|
| 55 | 55 | | (c) The limitation prescribed by Subsection (b) does not |
|---|
| 56 | 56 | | apply to: |
|---|
| 57 | 57 | | (1) a state supported living center, as defined by |
|---|
| 58 | 58 | | Section 531.002, Health and Safety Code, that is complying with |
|---|
| 59 | 59 | | directives given by the Texas Health and Human Services Commission; |
|---|
| 60 | 60 | | (2) a hospital that is owned by a governmental entity |
|---|
| 61 | 61 | | that is complying with directives established by the governmental |
|---|
| 62 | 62 | | entity that owns the hospital; or |
|---|
| 63 | 63 | | (3) a municipal jail, a county jail, or a facility |
|---|
| 64 | 64 | | operated by the Texas Department of Criminal Justice or the Texas |
|---|
| 65 | 65 | | Juvenile Justice Department that is complying with directives |
|---|
| 66 | 66 | | established by the Texas Commission on Jail Standards. |
|---|
| 67 | 67 | | SECTION 3. If any provision of this Act or its application |
|---|
| 68 | 68 | | to any person or circumstance is held invalid, the invalidity does |
|---|
| 69 | 69 | | not affect other provisions or applications of this Act that can be |
|---|
| 70 | 70 | | given effect without the invalid provision or application, and to |
|---|
| 71 | 71 | | this end the provisions of this Act are declared to be severable. |
|---|
| 72 | 72 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 76 | 76 | | Act takes effect September 1, 2023. |
|---|