Bill Text: TX SB1753 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the prohibition of certain public health mandates by governmental entities and businesses in this state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to State Affairs [SB1753 Detail]
Download: Texas-2023-SB1753-Introduced.html
88R12510 MZM-D | ||
By: Hall | S.B. No. 1753 |
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relating to the prohibition of certain public health mandates by | ||
governmental entities and businesses in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 418, Government Code, is | ||
amended by adding Section 418.196 to read as follows: | ||
Sec. 418.196. LIMITATION ON AUTHORITY OF GOVERNMENTAL | ||
ENTITY TO ISSUE CERTAIN PUBLIC HEALTH MANDATES. (a) In this | ||
section: | ||
(1) "COVID-19" means the 2019 novel coronavirus | ||
disease. | ||
(2) "Governmental entity" means: | ||
(A) this state; | ||
(B) a municipality, county, school district, | ||
public health authority, or other political subdivision of this | ||
state; | ||
(C) an open-enrollment charter school; and | ||
(D) an officer or employee of this state, a | ||
political subdivision of this state, or an open-enrollment charter | ||
school. | ||
(b) Notwithstanding any other law and except as provided by | ||
Subsection (c), a governmental entity may not adopt or enforce an | ||
ordinance, order, or other measure that requires an individual to: | ||
(1) wear a face covering; or | ||
(2) be vaccinated against COVID-19. | ||
(c) The limitation prescribed by Subsection (b)(1) does not | ||
apply to an ordinance, order, or other measure that relates to: | ||
(1) a state supported living center, as defined by | ||
Section 531.002, Health and Safety Code; | ||
(2) a hospital that is owned or operated by this state, | ||
an agency of this state, or the federal government; or | ||
(3) 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 guidance | ||
provided by the Commission on Jail Standards. | ||
SECTION 2. Sections 161.0085(c), (d), and (e), Health and | ||
Safety Code, are amended to read as follows: | ||
(c) A public or private entity [ |
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not require a person [ |
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certifying the person's [ |
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post-transmission recovery on entry to, to gain access to, or to | ||
receive service from the entity [ |
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to comply with this subsection is not eligible to receive public | ||
money, use a facility financed wholly or partly using public money, | ||
[ |
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(d) Notwithstanding any other law, each appropriate state | ||
agency: | ||
(1) shall ensure that public and private entities | ||
[ |
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(2) may require compliance with that subsection as a | ||
condition for issuing a license, permit, or other state | ||
authorization to a business entity necessary for conducting | ||
business in this state. | ||
(e) This section may not be construed to: | ||
(1) restrict a public or private entity [ |
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from implementing COVID-19 screening and infection control | ||
protocols in accordance with state and federal law to protect | ||
public health; [ |
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(2) prohibit a requirement to provide documentation | ||
necessary for the administration of a COVID-19 vaccination; or | ||
(3) interfere with an individual's right to access the | ||
individual's personal health information under federal law. | ||
SECTION 3. This Act takes effect September 1, 2023. |