Monitoring the Session

SB 367

bill makes schools follow local health authority orders

Died in committee

Verdict: No flags

No flagsInitial review
Sen. Sarah EckhardtDSenate 14

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the implementation by public schools of certain communicable disease public health orders issued by a health authority.

Caption from analyzed text · version I.

Summary

Mask orders included, notwithstanding any other law.

The bill requires Texas school districts to follow public health orders from their local health authority aimed at reducing the spread of communicable disease, including orders that require students and staff to wear masks. It touches school districts, their students and staff, and local health authorities whose orders would now bind schools notwithstanding any other law. If two health authorities covering the same district issue conflicting orders, the school board picks which one to follow, and the rule applies only to orders issued on or after September 1, 2025.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R SB 700 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 700 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 14, 2024 and referred to the Senate Health & Human Services committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB367 · 2024-11-14

SOLD BY

ITEM

relating to the implementation by public schools of certain communicable disease public health orders issued by a health authority.

WHAT IT DOES

Mask orders included, notwithstanding any other law.

The bill requires Texas school districts to follow public health orders from their local health authority aimed at reducing the spread of communicable disease, including orders that require students and staff to wear masks. It touches school districts, their students and staff, and local health authorities whose orders would now bind schools notwithstanding any other law. If two health authorities covering the same district issue conflicting orders, the school board picks which one to follow, and the rule applies only to orders issued on or after September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Health & Human Services
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Donald Henley$117,500Dale Linebarger$38,769Stephen McNally$24,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 1, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Donald Henley$117,500.00
Dale Linebarger$38,769.25
Stephen McNally$24,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R SB 700

by Sen. Eckhardt, same lead author · Died in committee · same text

Introduced text

Last action, Feb 17, 2023: Referred to Health & Human Services

Relating to the implementation by public schools of certain communicable disease public health orders issued by a health authority.

Caption, 88R bill history

Sources

Texas Senate · Filed Nov 14, 2024

02/03/2025 S Referred to Health & Human Services

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Senate committee · Health & Human Services · Final status: Died in committee

Subjects

Education--Primary & Secondary--Admission & Attendance

Education--School Districts

Health--Other Diseases & Medical Conditions

Minors--Health & Safety

Text

The text as introduced · 266 words

89R4371 CMO-D

By: Eckhardt
S.B. No. 367

A BILL TO BE ENTITLED

AN ACT

relating to the implementation by public schools of certain

communicable disease public health orders issued by a health

authority.

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. REQUIRED IMPLEMENTATION OF CERTAIN

COMMUNICABLE DISEASE PUBLIC HEALTH ORDERS. (a) In this section,

"communicable disease" and "health authority" have the meanings

assigned by Section 81.003, Health and Safety Code.

(b) Notwithstanding any other law and subject to Subsection

(c), a school district shall implement or otherwise comply with

health directives outlined in a public health order issued by a

health authority with jurisdiction over territory in which the

district is wholly or partly located regarding evidence-based

practices to reduce or eliminate the transmission of or infection

with a communicable disease among district students and staff,

including directives requiring the students and staff to wear face

masks or face coverings.

(c) If two or more health authorities with jurisdiction over

territory in which a school district is wholly or partly located

issue public health orders with conflicting health directives, the

board of trustees of the district may select which health

authority's public health order the district will implement or

otherwise comply with.

SECTION 2. Section 38.0022, Education Code, as added by

this Act, applies only to a public health order issued by a health

authority on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.