Bill Text: TX HB128 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 128 (Prior Session Legislation)

Introduced

Bill Title: Relating to government authority to require a person to wear a mask or personal protective equipment during a disaster.

Sponsorship: Partisan Bill (Republican 6)

Status: (Introduced - Dead) 2021-08-09 - Filed [HB128 Detail]

Download: Texas-2021-HB128-Introduced.html



	By: Schaefer	H.B. No. 128



	A BILL TO BE ENTITLED
	AN ACT
	relating to government authority to require a person to wear a mask
	or personal protective equipment during a disaster.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 418.012, Government Code, is
	redesignated as 418.012(a) and amended by adding Subsection (b) to
	read as follows:
	Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter,
	the governor may issue executive orders, proclamations, and
	regulations and amend or rescind them. Executive orders,
	proclamations, and regulations have the force and effect of law.
	(b) The governor may not issue an executive order,
	proclamation, or regulation that requires a person to wear a mask or
	personal protective equipment unless expressly provided by
	statute.
	SECTION 2. Section 418.108, Government Code, is amended by
	adding Subsection (j) to read as follows:
	(j) A local official may not issue an executive order or
	proclamation that requires a person to wear a mask or personal
	protective equipment unless expressly provided by statute.
	SECTION 3. The change in law made by this Act applies to
	executive orders, proclamations, and regulations that are
	currently in effect, or go into effect on or after the effective
	date of this Act.
	SECTION 4. 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, 2021.