By: Hunter H.B. No. 4841       A BILL TO BE ENTITLED   AN ACT   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.