02/24/2021 – Texas House of Representatives – Austin, TX
Texas House Representative Matt Schaefer (R) of District 6 has submitted two legislative proposals which will remove Governor Abbott’s unconstitutional mask mandate as well as any penalties to persons who may violate the mandate.
HB 2097 – Relating to government authority to require a person to wear a mask or personal protective equipment during a disaster, and HB 2098 – Relating to the prosecution of criminal offenses for violating an emergency management plan were filed by Schaefer on February 23 in the Texas House of Representatives.
HB 2097 states that “The governor may not issue an executive order, proclamation, or regulation that requires a person to wear a mask or personal protective equipment unless expressly provided by statute.” It also states, “A local official may not issue an executive order or proclamation that requires a person to wear a mask or personal protective equipment unless expressly provided by statute.”
Thus, since mask mandates are not written into any Texas law, no government official can mandate their use. Regardless if an “emergency” is declared.
HB 2098 repeals Texas government code Section 418.173. That section is a Penalty for Violation of an Emergency Management Plan and states
(a) A state, local, or inter-jurisdictional emergency management plan may provide that failure to comply with the plan or with a rule, order, or ordinance adopted under the plan is an offense.
(b) The plan may prescribe a punishment for the offense but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.
Thus, one could not be prosecuted for ignoring an unconstitutional order given under the auspices of an “emergency.”
The Texit Times is awaiting a public statement from Rep. Schaefer and will update this story when received.