Bill Text: TX HB128 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to government authority to require a person to wear a mask or personal protective equipment during a disaster.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2021-08-09 - Filed [HB128 Detail]
Download: Texas-2021-HB128-Introduced.html
| By: Schaefer | H.B. No. 128 | |
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| 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. | ||
