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State & Local Mask Mandates Prohibited | Mask Restrictions by Place | Legal FAQs About Masks
New prohibitions on COVID-19 mandates for masks, vaccines, and closures were passed during the 88th Legislative Regular Session. These restrictions were in Senate Bill 29, which added Chapter 81B to the Texas Health & Safety Code. The new law became effective September 1st.
Section 81B.002 prohibits state and local government entities from requiring masks:
(a) Except as provided by Subsection(b), a governmental entity may not implement, order, or otherwise impose a mandate requiring a person to wear a face mask or other face covering to prevent the spread of COVID-19.
There are exceptions for several types of government-run entities, including:
Before the new law, Governor Greg Abbott restricted local COVID-19 mask mandates in a series of Executive Orders. The most recent Order to address this was Executive Order GA-38, which was renewed in May of 2023.
A statewide mask mandate was in place in the earlier stages of the pandemic, but expired in March 2021.
We are unaware of any Texas laws that prohibit private businesses from requiring masks for customers. Businesses can set their own rules and policies — similar to a "no shirt, no shoes, no service" rules you may see in a store.
However, the policy cannot discriminate against a protected class of people (e.g., on the basis of race, color, religion, national origin, or disability).
People with certain disabilities may be entitled to reasonable accommodations to face mask policies under the Americans with Disabilities Act (ADA) and other disability laws.
An employer can require employees to wear protective gear like masks or gloves. This question is addressed in FAQ G.2 of the Equal Employment Opportunities Commission's COVID-19 guidance.
Employees can request a reasonable accommodation under the ADA. They can also request a religious accommodation under Title VII of the Civil Rights Act. An example of a religious accommodation is a modified mask that can be worn with a religious head covering).
Employers should provide the modification or an alternative modification unless it would create an "undue hardship" for the employer.
State, county, or city offices and facilities cannot require masks under Section 81B.002 of the Texas Health & Safety Code. These restrictions were in Senate Bill 29, which became effective September 1st, 2023.
Previously, Gov. Abbott's Executive Order GA-38 also banned state and local governments from issuing mask mandates.
Because they are government entities, most schools cannot require masks. These restrictions are in Section 81B.002 of the Texas Health & Safety Code, which was added by Senate Bill 29. The new law became effective September 1st.
The definition of "governmental entity" in Section 81B.001(2) includes:
Previously, Gov. Abbott's earlier Executive Order GA-38 prohibited school districts from requiring masks. The Texas Education Agency (TEA) also issued COVID-19 guidance for public schools in line with GA-38.
Government-run hospitals and health care facilities can require masks in certain circumstances. These exceptions are in Section 81B.002(b)(3) of the Texas Health & Safety Code, which was added by Senate Bill 29. The new law became effective September 1st, 2023.
This includes facilities run or associated with an "institute of higher education" like a college or university.
Texans may encounter mask requirements at doctor's offices, hospitals, and other health care facilities due to the exceptions in Section 81B.002.
State-supported living facilities operated by the Texas Department of Health & Human Services (HHS) can require masks in certain circumstances. These exceptions are in Section 81B.002(b)(1) of the Texas Health & Safety Code, which was added by Senate Bill 29. The new law became effective September 1st, 2023.
These facilities can set their own policies on masks in accordance with any applicable rules or guidance issued by HHS.
Municipal and county jails, Texas prisons, and Texas juvenile facilities can require masks in certain circumstances. These exceptions are in Section 81B.002(b)(2) of the Texas Health & Safety Code, which was added by Senate Bill 29. The new law became effective September 1st, 2023.
These facilities would need to follow any rules or guidelines set by the Texas Commission on Jail Standards.
The library has created several legal FAQs that address various legal aspects of mask requirements. Below is a list of these FAQs.