87S20522 CXP-D     By: Dutton H.B. No. 164       A BILL TO BE ENTITLED   AN ACT   relating to a policy requiring the use of face coverings in public   schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.0022 to read as follows:          Sec. 38.0022.  FACE COVERING POLICY. Notwithstanding any   other law, the board of trustees of a school district or the   governing body of an open-enrollment charter school may require an   individual to wear a face mask, face shield, or other face covering   to reduce the spread of infectious, contagious, and communicable   diseases when the individual is in the following settings operated   by the district or school:                (1)  a school building;                (2)  a school bus; or                (3)  any other congregate educational setting in which   children younger than 12 years of age may be present during times   dedicated for educational purposes.          SECTION 2.  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 on the 91st day after the last day of the   legislative session.