Bill Text: TX HB154 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to governmental authority to require a person to wear a face mask or covering or other personal protective equipment during a disaster.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to State Affairs [HB154 Detail]
Download: Texas-2023-HB154-Introduced.html
| 88R2734 CJC-F | ||
| By: Schaefer | H.B. No. 154 | |
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| relating to governmental authority to require a person to wear a | ||
| face mask or covering or other 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 amended to | ||
| read as follows: | ||
| Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter, | ||
| the governor may issue, amend, or rescind executive orders, | ||
| proclamations, and regulations [ |
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| Executive orders, proclamations, and regulations have the force and | ||
| effect of law. | ||
| (b) Notwithstanding Subsection (a), the governor may not | ||
| issue an executive order, proclamation, or regulation under this | ||
| chapter that requires a person to wear a face mask or covering or | ||
| other item of personal protective equipment unless a provision of | ||
| law other than a provision of this chapter specifically authorizes | ||
| the governor to require a person to wear a face mask or covering or | ||
| other item of personal protective equipment. | ||
| SECTION 2. Section 418.108, Government Code, is amended by | ||
| adding Subsection (j) to read as follows: | ||
| (j) The presiding officer of the governing body of a | ||
| political subdivision may not issue an order or proclamation | ||
| related to a declared state of disaster or local state of disaster | ||
| that requires a person to wear a face mask or covering or other item | ||
| of personal protective equipment unless a provision of law other | ||
| than a provision of this chapter authorizes the presiding officer | ||
| of the governing body to require a person to wear a face mask or | ||
| covering or other item of personal protective equipment. | ||
| SECTION 3. The changes in law made by this Act apply to an | ||
| order, proclamation, or regulation that is in effect on the | ||
| effective date of this Act or that is issued or renewed on or after | ||
| the effective date of this Act. An order, proclamation, or | ||
| regulation in effect on the effective date of this Act that | ||
| conflicts with the law as amended by this Act is void as of that date | ||
| and not enforceable against any person. | ||
| 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, 2023. | ||
