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Ex. TX-031 Order Primary source read

Executive Order GA-36

Relating to the prohibition of governmental entities and officials from mandating face coverings or restricting activities in response to the COVID-19 disaster

Governor Greg Abbott · Texas (State)

The COVID Project

The record

Jurisdiction
Texas
Level
State
Authority
Tex. Gov't Code §§ 418.012, 418.016(a), 418.018(c), 418.173
Issued
2021-05-18 May 18, 2021
Effective
2021-05-18 (immediately); fines from 2021-05-21 11:59 p.m.; public schools may keep TEA mask policies until 2021-06-04 11:59 p.m. (read as 2021-05-18)
End
2021-07-29 (restated in GA-38 ¶ 4 and rescinded) (read as 2021-07-29)
In force
May 18, 2021 to July 29, 2021
Quarters
2021 Q22021 Q3
Limitation types
Face-covering requirementSchools and child careOther
Addressees
  • every governmental entity (county, city, school district, public health authority) and official
  • Texas Education Agency
Functions reached
  • preemption of local MASK orders for all sectors
  • SCH school mask policies ended June 4, 2021 (in force in the 2020-21 school year through that date)
Collection
Texas TX

Operative words

1. No governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering... 2. Notwithstanding the above, public schools may continue to follow policies regarding the wearing of face coverings to the extent reflected in current guidance by the Texas Education Agency, until June 4, 2021. The Texas Education Agency shall revise its guidance such that, effective 11:59 p.m. on June 4, 2021, no student, teacher, parent, or other staff member or visitor may be required to wear a face covering.... the imposition of any such face-covering requirement by a local governmental entity or official constitutes a 'failure to comply with' this executive order that is subject to a fine up to $1,000, beginning at 11:59 p.m. on May 21, 2021.

Enforcement

Tex. Gov't Code § 418.173 fine up to $1,000 on the local governmental entity or official; suspension of Gov't Code §§ 418.1015(b), 418.108, Health & Safety Code ch. 81 subch. E and chs. 121, 122, 341, Local Gov't Code ch. 54

Notes

Confirms that TEA-guided school mask policies had force through June 4, 2021; GA-34 ¶ 4 still permits private businesses to require masks of employees and customers