Effective March 10th, the statewide mask requirement put in place by the governor's previous Executive Order EO-29 [PDF] has been rescinded by Executive Order EO-34 [PDF]. Under EO-34, only local governments in areas with high hospitalization rates can require individuals to wear masks. However, businesses in all areas can still require customers and/or staff to wear masks.
Previously, Texas Governor Greg Abbott issued Executive Order EO-29 [PDF], a statewide mandate that individuals wear a face covering while in most public places. EO-29 included a number of exemptions, including:
this face-covering requirement does not apply to the following: [...]
2) any person with a medical condition or disability that prevents wearing a face covering
Even though the statewide mask mandate has ended, it's possible that a local order issued by your city or county may still require face masks in your area. Any local orders in place may include an exemption for those with relevant disabilities, so you should check your local orders for details.
If you want to know whether you should avoid wearing a mask due to your disability or medical condition, you should consult with your doctor. 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. It is important to note that disability laws like the ADA only ensure accommodations for those with disabilities. If you have questions about the ADA, you can contact the toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY).
According to the Center for Disease Control, the following people should not wear a face covering:
The CDC also recognizes that for some people, wearing a face covering may not be feasible. For others, there may need to be adaptations made to allow them to wear a mask. This could include:
The Southeast ADA Center provides additional examples of disabilities that may prevent a person from wearing a mask feasibly or safely. The examples they provide include:
Governor Abbott's Executive Order EO-34 does not prohibit businesses and other establishments from requiring that their customers and employees wear masks. A business could continue to require face masks as a matter of business policy, similar to the "no shirt, no shoes, no service" policy you may encounter at some businesses. Businesses and government agencies must consider making “reasonable modifications” to face mask policies for those who have a disability. According to the Southeast ADA Center's fact sheet on the ADA and face mask policies:
A reasonable modification means changing policies, practices, and procedures, if needed, to provide goods, services, facilities, privileges, advantages, or accommodations to an individual with a disability.
The article includes several examples of “reasonable modifications” to a face mask policy such as allowing the person to wear a mask alternative, allowing curbside pickup, allowing the person to wait in their car instead of a waiting room, etc.
They also state that a business or government agency does not have to accommodate those with a disability:
According to the Equal Employment Opportunities Commission (see FAQ G.2) an employer can require employees to wear protective gear (such as face coverings or gloves). Employees may make a request for a reasonable accommodation under the ADA or a religious accommodation under Title VII of the Civil Rights Act (such as 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.