Relating to the creation of the criminal offense of unlawful use of a mask or other head covering in a public place.

The text as introduced · 263 words

90R2886 JDK-F

By: Isaac
H.B. No. 261

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the criminal offense of unlawful use of

a mask or other head covering in a public place.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 42, Penal Code, is amended by adding

Section 42.16 to read as follows:

Sec. 42.16. UNLAWFUL USE OF MASK OR OTHER HEAD COVERING IN

PUBLIC PLACE. (a) In this section, "mask or other head covering"

means any article or device worn on a person's head that tends to

conceal the identity of the person wearing the article or device.

(b) A person commits an offense if the person wears a mask or

other head covering in a public place, including a public school.

(c) An offense under this section is a Class B misdemeanor.

(d) It is a defense to prosecution under this section that

the mask or other head covering is worn:

(1) to celebrate a holiday or participate in a

celebration at which a mask or other head covering is commonly worn;

(2) to ensure physical safety while engaged in an

occupation, trade, or profession;

(3) to ensure protection from the weather or while

participating in a winter sport;

(4) for purposes of a theatrical production or other

artistic endeavor;

(5) for purposes of ensuring safety during an

emergency, including while participating in an emergency drill; or

(6) to protect a person's health or ensure that the

person does not spread illness.

SECTION 2. This Act takes effect September 1, 2027.