89R4371 CMO-D
By: Eckhardt S.B. No. 367
A BILL TO BE ENTITLED
AN ACT
relating to the implementation by public schools of certain
communicable disease public health orders issued by a health
authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0022 to read as follows:
Sec. 38.0022. REQUIRED IMPLEMENTATION OF CERTAIN
COMMUNICABLE DISEASE PUBLIC HEALTH ORDERS. (a) In this section,
"communicable disease" and "health authority" have the meanings
assigned by Section 81.003, Health and Safety Code.
(b) Notwithstanding any other law and subject to Subsection
(c), a school district shall implement or otherwise comply with
health directives outlined in a public health order issued by a
health authority with jurisdiction over territory in which the
district is wholly or partly located regarding evidence-based
practices to reduce or eliminate the transmission of or infection
with a communicable disease among district students and staff,
including directives requiring the students and staff to wear face
masks or face coverings.
(c) If two or more health authorities with jurisdiction over
territory in which a school district is wholly or partly located
issue public health orders with conflicting health directives, the
board of trustees of the district may select which health
authority's public health order the district will implement or
otherwise comply with.
SECTION 2. Section 38.0022, Education Code, as added by
this Act, applies only to a public health order issued by a health
authority on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.