| 1 | 1 | | 88R1692 ANG-D |
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| 2 | 2 | | By: Vasut H.B. No. 777 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting face covering mandates for public school |
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| 8 | 8 | | students, prohibiting public schools from requiring students to |
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| 9 | 9 | | provide documentation regarding certain vaccinations, and allowing |
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| 10 | 10 | | public schools to screen students regarding certain infections. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 13 | 13 | | amended by adding Section 38.0021 to read as follows: |
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| 14 | 14 | | Sec. 38.0021. FACE COVERING MANDATE PROHIBITED. |
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| 15 | 15 | | Notwithstanding any other law, a student in any grade level from |
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| 16 | 16 | | kindergarten through grade 12 may not be required to wear a face |
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| 17 | 17 | | mask or face covering to prevent the spread of an infectious disease |
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| 18 | 18 | | as a condition of the student's admission to, continued enrollment |
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| 19 | 19 | | in, or attendance at any public school in this state. |
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| 20 | 20 | | SECTION 2. Section 161.0085, Health and Safety Code, is |
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| 21 | 21 | | amended by adding Subsection (b-1) and amending Subsection (e) to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | (b-1) A school district or open-enrollment charter school |
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| 24 | 24 | | may not require a student to provide any documentation certifying |
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| 25 | 25 | | the student's COVID-19 vaccination status or post-transmission |
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| 26 | 26 | | recovery to allow the student entry to, to gain access to, or to |
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| 27 | 27 | | receive educational services from the district or school. |
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| 28 | 28 | | (e) This section may not be construed to: |
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| 29 | 29 | | (1) restrict a business, school district, or |
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| 30 | 30 | | open-enrollment charter school from implementing COVID-19 |
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| 31 | 31 | | screening and infection control protocols in accordance with state |
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| 32 | 32 | | and federal law to protect public health; or |
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| 33 | 33 | | (2) interfere with an individual's right to access the |
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| 34 | 34 | | individual's personal health information under federal law. |
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| 35 | 35 | | SECTION 3. This Act applies beginning with the 2023-2024 |
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| 36 | 36 | | school year. |
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| 37 | 37 | | SECTION 4. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2023. |
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