S.B. No. 29
AN ACT
relating to prohibited governmental entity implementation or
enforcement of a vaccine mandate, mask requirement, or private
business or school closure to prevent the spread of COVID-19.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
amended by adding Chapter 81B to read as follows:
CHAPTER 81B. PROHIBITED CORONAVIRUS PREVENTATIVE MEASURES
Sec. 81B.001. DEFINITIONS. In this chapter:
(1) "COVID-19" means the 2019 novel coronavirus
disease and any variants of the disease.
(2) "Governmental entity" means this state, a local
government entity as defined by Section 418.004, Government Code,
an open-enrollment charter school, or an agency of this state or a
local government entity.
Sec. 81B.002. PROHIBITED FACE-COVERING MANDATE. (a)
Except as provided by Subsection (b), a governmental entity may not
implement, order, or otherwise impose a mandate requiring a person
to wear a face mask or other face covering to prevent the spread of
COVID-19.
(b) The limitation prescribed by Subsection (a) does not
apply to an order or mandate that relates to:
(1) a state supported living center, as defined by
Section 531.002, subject to any applicable rule or guidance
prescribed by the commission that conflicts with that limitation;
(2) 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 rule or
guidance prescribed by the Commission on Jail Standards that
conflicts with that limitation; or
(3) a hospital or other health care facility owned by a
governmental entity, including a hospital or other health care
clinic operated by or associated with an institution of higher
education, as that term is defined by Section 61.003, Education
Code, subject to any applicable order, ordinance, or guidance
prescribed by that governmental entity that conflicts with that
limitation.
Sec. 81B.003. PROHIBITED VACCINE MANDATE. (a) Except as
provided by Subsection (b), a governmental entity may not
implement, order, or otherwise impose a mandate requiring a person
to be vaccinated against COVID-19.
(b) The prohibition under Subsection (a) applies only to the
extent the prohibition does not conflict with the final rule
adopted by the Centers for Medicare and Medicaid Services and
published at 86 Fed. Reg. 61555 (November 5, 2021).
Sec. 81B.004. PROHIBITED CLOSURE MANDATE FOR PRIVATE
BUSINESSES AND SCHOOLS. A governmental entity may not implement,
order, or otherwise impose a mandate requiring the closure of a
private business, public school, open-enrollment charter school,
or private school to prevent the spread of COVID-19.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 29 passed the Senate on
April 3, 2023, by the following vote: Yeas 20, Nays 11;
May 25, 2023, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 26, 2023, House
granted request of the Senate; May 28, 2023, Senate adopted
Conference Committee Report by the following vote: Yeas 20,
Nays 11.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 29 passed the House, with
amendments, on May 23, 2023, by the following vote: Yeas 87,
Nays 60, one present not voting; May 26, 2023, House granted
request of the Senate for appointment of Conference Committee;
May 28, 2023, House adopted Conference Committee Report by the
following vote: Yeas 90, Nays 53, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor