88R12510 MZM-D
By: Hall S.B. No. 1753
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of certain public health mandates by
governmental entities and businesses in this state.
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 ISSUE CERTAIN PUBLIC HEALTH MANDATES. (a) In this
section:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Governmental entity" means:
(A) this state;
(B) a municipality, county, school district,
public health authority, or other political subdivision of this
state;
(C) an open-enrollment charter school; and
(D) an officer or employee of this state, a
political subdivision of this state, or an open-enrollment charter
school.
(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:
(1) wear a face covering; or
(2) be vaccinated against COVID-19.
(c) The limitation prescribed by Subsection (b)(1) 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) a facility operated by the Texas Department of
Criminal Justice or the Texas Juvenile Justice Department, or a
municipal or county jail, subject to any applicable guidance
provided by the Commission on Jail Standards.
SECTION 2. Sections 161.0085(c), (d), and (e), Health and
Safety Code, are amended to read as follows:
(c) A public or private entity [business] in this state may
not require a person [customer] to provide any documentation
certifying the person's [customer's] COVID-19 vaccination or
post-transmission recovery on entry to, to gain access to, or to
receive service from the entity [business]. A business that fails
to comply with this subsection is not eligible to receive public
money, use a facility financed wholly or partly using public money,
[a grant] or enter into a contract payable with public money [state
funds].
(d) Notwithstanding any other law, each appropriate state
agency:
(1) shall ensure that public and private entities
[businesses] in this state comply with Subsection (c); and
(2) may require compliance with that subsection as a
condition for issuing a license, permit, or other state
authorization to a business entity necessary for conducting
business in this state.
(e) This section may not be construed to:
(1) restrict a public or private entity [business]
from implementing COVID-19 screening and infection control
protocols in accordance with state and federal law to protect
public health; [or]
(2) prohibit a requirement to provide documentation
necessary for the administration of a COVID-19 vaccination; or
(3) interfere with an individual's right to access the
individual's personal health information under federal law.
SECTION 3. This Act takes effect September 1, 2023.