| 1 | 1 | | 88R12510 MZM-D |
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| 2 | 2 | | By: Hall S.B. No. 1753 |
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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 the prohibition of certain public health mandates by |
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| 8 | 8 | | governmental entities and businesses in this state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter H, Chapter 418, Government Code, is |
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| 11 | 11 | | amended by adding Section 418.196 to read as follows: |
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| 12 | 12 | | Sec. 418.196. LIMITATION ON AUTHORITY OF GOVERNMENTAL |
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| 13 | 13 | | ENTITY TO ISSUE CERTAIN PUBLIC HEALTH MANDATES. (a) In this |
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| 14 | 14 | | section: |
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| 15 | 15 | | (1) "COVID-19" means the 2019 novel coronavirus |
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| 16 | 16 | | disease. |
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| 17 | 17 | | (2) "Governmental entity" means: |
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| 18 | 18 | | (A) this state; |
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| 19 | 19 | | (B) a municipality, county, school district, |
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| 20 | 20 | | public health authority, or other political subdivision of this |
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| 21 | 21 | | state; |
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| 22 | 22 | | (C) an open-enrollment charter school; and |
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| 23 | 23 | | (D) an officer or employee of this state, a |
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| 24 | 24 | | political subdivision of this state, or an open-enrollment charter |
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| 25 | 25 | | school. |
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| 26 | 26 | | (b) Notwithstanding any other law and except as provided by |
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| 27 | 27 | | Subsection (c), a governmental entity may not adopt or enforce an |
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| 28 | 28 | | ordinance, order, or other measure that requires an individual to: |
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| 29 | 29 | | (1) wear a face covering; or |
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| 30 | 30 | | (2) be vaccinated against COVID-19. |
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| 31 | 31 | | (c) The limitation prescribed by Subsection (b)(1) does not |
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| 32 | 32 | | apply to an ordinance, order, or other measure that relates to: |
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| 33 | 33 | | (1) a state supported living center, as defined by |
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| 34 | 34 | | Section 531.002, Health and Safety Code; |
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| 35 | 35 | | (2) a hospital that is owned or operated by this state, |
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| 36 | 36 | | an agency of this state, or the federal government; or |
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| 37 | 37 | | (3) a facility operated by the Texas Department of |
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| 38 | 38 | | Criminal Justice or the Texas Juvenile Justice Department, or a |
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| 39 | 39 | | municipal or county jail, subject to any applicable guidance |
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| 40 | 40 | | provided by the Commission on Jail Standards. |
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| 41 | 41 | | SECTION 2. Sections 161.0085(c), (d), and (e), Health and |
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| 42 | 42 | | Safety Code, are amended to read as follows: |
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| 43 | 43 | | (c) A public or private entity [business] in this state may |
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| 44 | 44 | | not require a person [customer] to provide any documentation |
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| 45 | 45 | | certifying the person's [customer's] COVID-19 vaccination or |
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| 46 | 46 | | post-transmission recovery on entry to, to gain access to, or to |
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| 47 | 47 | | receive service from the entity [business]. A business that fails |
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| 48 | 48 | | to comply with this subsection is not eligible to receive public |
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| 49 | 49 | | money, use a facility financed wholly or partly using public money, |
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| 50 | 50 | | [a grant] or enter into a contract payable with public money [state |
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| 51 | 51 | | funds]. |
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| 52 | 52 | | (d) Notwithstanding any other law, each appropriate state |
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| 53 | 53 | | agency: |
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| 54 | 54 | | (1) shall ensure that public and private entities |
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| 55 | 55 | | [businesses] in this state comply with Subsection (c); and |
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| 56 | 56 | | (2) may require compliance with that subsection as a |
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| 57 | 57 | | condition for issuing a license, permit, or other state |
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| 58 | 58 | | authorization to a business entity necessary for conducting |
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| 59 | 59 | | business in this state. |
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| 60 | 60 | | (e) This section may not be construed to: |
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| 61 | 61 | | (1) restrict a public or private entity [business] |
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| 62 | 62 | | from implementing COVID-19 screening and infection control |
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| 63 | 63 | | protocols in accordance with state and federal law to protect |
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| 64 | 64 | | public health; [or] |
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| 65 | 65 | | (2) prohibit a requirement to provide documentation |
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| 66 | 66 | | necessary for the administration of a COVID-19 vaccination; or |
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| 67 | 67 | | (3) interfere with an individual's right to access the |
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| 68 | 68 | | individual's personal health information under federal law. |
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| 69 | 69 | | SECTION 3. This Act takes effect September 1, 2023. |
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