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A BILL TO BE ENTITLED
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AN ACT
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relating to governmental authority to require a person to wear a |
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face mask or covering or other personal protective equipment during |
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a disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.012, Government Code, is amended to |
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read as follows: |
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Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter, |
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the governor may issue, amend, or rescind executive orders, |
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proclamations, and regulations [and amend or rescind them]. |
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Executive orders, proclamations, and regulations have the force and |
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effect of law. |
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(b) Notwithstanding Subsection (a), the governor may not |
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issue an executive order, proclamation, or regulation under this |
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chapter that requires a person to wear a face mask or covering or |
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other item of personal protective equipment unless a provision of |
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law other than a provision of this chapter specifically authorizes |
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the governor to require a person to wear a face mask or covering or |
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other item of personal protective equipment. |
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SECTION 2. Section 418.108, Government Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) The presiding officer of the governing body of a |
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political subdivision may not issue an order or proclamation |
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related to a declared state of disaster or local state of disaster |
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that requires a person to wear a face mask or covering or other item |
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of personal protective equipment unless a provision of law other |
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than a provision of this chapter authorizes the presiding officer |
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of the governing body to require a person to wear a face mask or |
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covering or other item of personal protective equipment. |
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SECTION 3. The changes in law made by this Act apply to an |
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order, proclamation, or regulation that is in effect on the |
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effective date of this Act or that is issued or renewed on or after |
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the effective date of this Act. An order, proclamation, or |
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regulation in effect on the effective date of this Act that |
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conflicts with the law as amended by this Act is void as of that date |
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and not enforceable against any person. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
Introduced: Government Code 418.012, Government Code 418.108 (Government Code 418)