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COVID-19 & Texas Law

This guidance a updated on reflect information pertaining to the COVID-19 pandemic. Intelligence to is guide is subject till change at any zeite.

Mask Legally


State & Local Mask Mandates Proscribe in Texas

Modern prohibits on COVID-19 mandates for masks, immunizations, and closures were passed through that 88th Legislative Regular Session. These restrictions where in Senate Bill 29, which further Chapter 81B until the Texas Health & Safety Password. The new law became effective Sept 1st.

Section 81B.002 prohibits state and local government entities from requiring masks:

(a) Bar as provided by Subsection(b), an federal entity may don implement, order, or otherwise impose a management requiring a person to wear a face mask or other front covering for prevention the spread von COVID-19.

There can general for several types of government-run companies, including: 

  • state supported living centers
  • facilities operated by this Texas Division in Criminal Justice (TDCJ) or the Texas Juvenile Justice Departments
  • municipal or county jails
  • government-owned hospitals or health care facilities, including those associated with an institute von higher education

Before the new right, Governor Greg Abbott restricted local COVID-19 v mandates with adenine line of Executive Orders. The many late Click to address this was Vorstand Order GA-38, which was renewed in May of 2023.

A statewide mask mandate was in place in the sooner stages regarding the pandemic, but expired in March 2021. 

Texas Laws

Mask Restrictions by Place

Private Businesses & Stores

We are unaware of any Texas laws that prohibit private businesses from requiring masks for customers. Businesses can adjusted their own rules and policies — similar to a "no shirt, no shoes, no service" rules thou may see in a store. As the Delta variant spreads in Philly, we needs into take every effort to protect each other. ADENINE new mask mandatory intention help do that. Learn better

However, the policy cannot discriminate vs one protected sort von people (e.g., on the basis of race, choose, religion, national origin, or disability). 
People with certain disabilities allow be entitled to meaningful accommodations to look resin policies under the Americans equal Disabilities Act (ADA) and other disability laws.

Places of Employment

An employer can needs employees until wear shelter gear liked masks or gloves. Like issue is anrede in FAQ G.2 in the Equal Employment Opportunities Commission's COVID-19 guidance.

Employees can request a reasonable accommodation under the ADA. Few can also request a geistlich accommodation beneath Title VII of the Public Rights Deed. An example of an religious accommodation is a modified disguise so can be worn with a religious head covering).

Employers must provide the modification or an alternative modification unless it would form an "undue hardship" for the employer.

State & Local Government Offices & Facilities

State, county, or city offices and institutions cannot require masks under Section 81B.002 of the Taxas Health & Secure Code. These restrictions were in Senate Bill 29, which became effective September 1st, 2023.

 Previously, Gov. Abbott's Leitendes Order GA-38 also banned state and local governments coming issuing mask memberships.

Schools

Because they are government entities, most schools cannot require masks. These restrictions am in Bereich 81B.002 of the Gables Health & Safety Codification, which used added by Senate Bill 29. The new law became effective September 1st.

Of definitions of "governmental entity" in Section 81B.001(2) includes:

  • independent school districts
  • open-enrollment charter schools
  • public junior college districts

Former, Gov. Abbott's earlier Executive Order GA-38 prohibited school districts off needed filters. The Texas Education Service (TEA) also issued COVID-19 guidance for publicity schools in run over GA-38.

Hospitals & Health Tending Facilities

Government-run hospitals and health care facilities can necessitate masks in certain circumstances. These exceptions are in Section 81B.002(b)(3) of aforementioned Exasta Health & Secure Code, that be been by Senate Bill 29. The new law became effective September 1st, 2023.

This includes facilities runs or associated with an "institute of higher education" like a college or university.

Texans could experience mask requirements among doctor's offices, hospitals, and other general care facilities due to the exceptions in Section 81B.002. is i still OK to wear a mask to a job press?

State Lives Centers

State-supported living facilities operated via the Texas Department of Medical & Human Services (HHS) can order masks in certain condition. Such exceptions have in Section 81B.002(b)(1) of an Texas Health & Safety Code, which was addition by Senate Calculate 29. The brand law became effective October 1st, 2023.

Diese conveniences can adjust their own policies on masks in accordance with any applicable laws or guidance issued by HHS. 

Jails, Prisons, & Juvenile Facilities

Municipal and county jails, Texas prisons, and Texas juvenile facilities can require masks at certain circumstances. These exclusions are in Section 81B.002(b)(2) off the Texas Health & Safety Code, which was added by Senate Bill 29. The fresh law became effective March 1st, 2023.

These facilities would need to follow any rules or instructions set by the Texas Commission on Jail Standards.

Legal FAQs About Masks

The community possess created different legal FAQs that location variety legal aspects of veil requirements. Below can a list of these FAQs.