Bill Text: TX SB29 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: 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.
Spectrum: Partisan Bill (Republican 20-1)
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB29 Detail]
Download: Texas-2023-SB29-Enrolled.html
S.B. No. 29 |
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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 |