Bill Text: TX HB4841 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the prohibition on COVID-19 restrictions, with exceptions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to State Affairs [HB4841 Detail]
Download: Texas-2023-HB4841-Introduced.html
| By: Hunter | H.B. No. 4841 | |
|
|
||
|
|
||
| relating to the prohibition on COVID-19 restrictions, with | ||
| exceptions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 161, Health and Safety | ||
| Code, is amended by adding Section 161.0015 to read as follows: | ||
| Sec. 161.0015. PROHIBITED COVID-19 VACCINE MANDATES. (a) | ||
| This state, a state agency, or a political subdivision of this | ||
| state, including a public school district, an open-enrollment | ||
| charter school, or a public health authority may not implement, | ||
| order, or otherwise impose a mandate requiring an individual to be | ||
| vaccinated against COVID-19. | ||
| (b) Notwithstanding Subsection (a), a facility owned or | ||
| operated by this state, a state agency, or a political subdivision | ||
| of this state that is subject to the Centers for Medicare & Medicaid | ||
| Services vaccine requirement contained in 86 Fed. Reg. 61555 (2021) | ||
| may require an employee or an applicant for employment to provide | ||
| documentation certifying the employee's or applicant's COVID-19 | ||
| vaccination. | ||
| SECTION 2. Subchapter H, Chapter 418, Government Code, is | ||
| amended by adding Section 184.196, Section 184.197, and Section | ||
| 184.198 to read as follows: | ||
| Sec. 418.196. BAN ON COVID-19-RELATED BUSINESS CLOSURES OR | ||
| LIMITATIONS. This state, a state agency, a public health | ||
| authority, or the governing body of a political subdivision or its | ||
| presiding officer shall not issue an order, enact an ordinance, or | ||
| take any other action having the force and effect of law that would | ||
| limit or prohibit any business activity or services in response to | ||
| the COVID-19 pandemic. | ||
| Sec. 418.197. BAN ON COVID-19-RELATED SCHOOL CLOSURES OR | ||
| LIMITATIONS. This state, a state agency, a public school district, | ||
| an open-enrollment charter school, a public health authority, or | ||
| the governing body of a political subdivision or its presiding | ||
| officer may not issue an order, enact an ordinance, or take any | ||
| other action having the force and effect of law that would limit or | ||
| prohibit any school activity or service in response to the COVID-19 | ||
| pandemic. | ||
| Sec. 418.198. LIMITATION ON AUTHORITY OF GOVERNMENTAL | ||
| ENTITY TO MANDATE CERTAIN FACE COVERINGS. (a) In this section, | ||
| "governmental entity" means: | ||
| (1) this state or a state agency; | ||
| (2) a municipality, a county, a public school | ||
| district, open-enrollment charter school, a public health | ||
| authority, or other political subdivision of this state; and | ||
| (3) an officer or employee of a political subdivision | ||
| of this state. | ||
| (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 | ||
| wear a face covering in response to the COVID-19 pandemic. | ||
| (c) The limitation prescribed by Subsection (b) does not | ||
| apply to: | ||
| (1) a state supported living center, as defined by | ||
| Section 531.002, Health and Safety Code, that is complying with | ||
| directives given by the Texas Health and Human Services Commission; | ||
| (2) a hospital that is owned by a governmental entity | ||
| that is complying with directives established by the governmental | ||
| entity that owns the hospital; or | ||
| (3) a municipal jail, a county jail, or a facility | ||
| operated by the Texas Department of Criminal Justice or the Texas | ||
| Juvenile Justice Department that is complying with directives | ||
| established by the Texas Commission on Jail Standards. | ||
| SECTION 3. If any provision of this Act or its application | ||
| to any person or circumstance is held invalid, the invalidity does | ||
| not affect other provisions or applications of this Act that can be | ||
| given effect without the invalid provision or application, and to | ||
| this end the provisions of this Act are declared to be severable. | ||
| 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. | ||
