HB 261 — The creation of the criminal offense of unlawful use of

90R2886 JDK-F By: Isaac H.B. No. 261 relating to the creation of the criminal offense of unlawful use of a mask or other head covering in a public place.

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.