Texas 2023 - 88th Regular

Texas Senate Bill SB29 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 29
2	2
3	3
4	4	AN ACT
5	5	relating to prohibited governmental entity implementation or
6	6	enforcement of a vaccine mandate, mask requirement, or private
7	7	business or school closure to prevent the spread of COVID-19.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
10	10	amended by adding Chapter 81B to read as follows:
11	11	CHAPTER 81B. PROHIBITED CORONAVIRUS PREVENTATIVE MEASURES
12	12	Sec. 81B.001. DEFINITIONS. In this chapter:
13	13	(1) "COVID-19" means the 2019 novel coronavirus
14	14	disease and any variants of the disease.
15	15	(2) "Governmental entity" means this state, a local
16	16	government entity as defined by Section 418.004, Government Code,
17	17	an open-enrollment charter school, or an agency of this state or a
18	18	local government entity.
19	19	Sec. 81B.002. PROHIBITED FACE-COVERING MANDATE. (a)
20	20	Except as provided by Subsection (b), a governmental entity may not
21	21	implement, order, or otherwise impose a mandate requiring a person
22	22	to wear a face mask or other face covering to prevent the spread of
23	23	COVID-19.
24	24	(b) The limitation prescribed by Subsection (a) does not
25	25	apply to an order or mandate that relates to:
26	26	(1) a state supported living center, as defined by
27	27	Section 531.002, subject to any applicable rule or guidance
28	28	prescribed by the commission that conflicts with that limitation;
29	29	(2) a facility operated by the Texas Department of
30	30	Criminal Justice or the Texas Juvenile Justice Department or a
31	31	municipal or county jail, subject to any applicable rule or
32	32	guidance prescribed by the Commission on Jail Standards that
33	33	conflicts with that limitation; or
34	34	(3) a hospital or other health care facility owned by a
35	35	governmental entity, including a hospital or other health care
36	36	clinic operated by or associated with an institution of higher
37	37	education, as that term is defined by Section 61.003, Education
38	38	Code, subject to any applicable order, ordinance, or guidance
39	39	prescribed by that governmental entity that conflicts with that
40	40	limitation.
41	41	Sec. 81B.003. PROHIBITED VACCINE MANDATE. (a) Except as
42	42	provided by Subsection (b), a governmental entity may not
43	43	implement, order, or otherwise impose a mandate requiring a person
44	44	to be vaccinated against COVID-19.
45	45	(b) The prohibition under Subsection (a) applies only to the
46	46	extent the prohibition does not conflict with the final rule
47	47	adopted by the Centers for Medicare and Medicaid Services and
48	48	published at 86 Fed. Reg. 61555 (November 5, 2021).
49	49	Sec. 81B.004. PROHIBITED CLOSURE MANDATE FOR PRIVATE
50	50	BUSINESSES AND SCHOOLS. A governmental entity may not implement,
51	51	order, or otherwise impose a mandate requiring the closure of a
52	52	private business, public school, open-enrollment charter school,
53	53	or private school to prevent the spread of COVID-19.
54	54	SECTION 2. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2023.
59	59	______________________________ ______________________________
60	60	President of the Senate Speaker of the House
61	61	I hereby certify that S.B. No. 29 passed the Senate on
62	62	April 3, 2023, by the following vote: Yeas 20, Nays 11;
63	63	May 25, 2023, Senate refused to concur in House amendments and
64	64	requested appointment of Conference Committee; May 26, 2023, House
65	65	granted request of the Senate; May 28, 2023, Senate adopted
66	66	Conference Committee Report by the following vote: Yeas 20,
67	67	Nays 11.
68	68	______________________________
69	69	Secretary of the Senate
70	70	I hereby certify that S.B. No. 29 passed the House, with
71	71	amendments, on May 23, 2023, by the following vote: Yeas 87,
72	72	Nays 60, one present not voting; May 26, 2023, House granted
73	73	request of the Senate for appointment of Conference Committee;
74	74	May 28, 2023, House adopted Conference Committee Report by the
75	75	following vote: Yeas 90, Nays 53, two present not voting.
76	76	______________________________
77	77	Chief Clerk of the House
78	78	Approved:
79	79	______________________________
80	80	Date
81	81	______________________________
82	82	Governor