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Urgent Updates
Can you explain the governor’s new main order in more detail?
You bet. The new “main” order, GA-30, supersedes GA-28. Relative to previous
orders, the new order does the following of most significance to city
residents: (1) keeps bars closed; (2) increases maximum restaurant
occupancy from 50 percent to 75 percent; and (3) limits outdoor gatherings to
10 persons (other than those expressly allowed by the order – see below),
unless the mayor authorizes more.
Getting into specifics, the new order retains the core
features of the previous order:
-“Except as provided in this executive order or in the minimum
standard health protocols recommended by DSHS, found at www.dshs.texas.gov/coronavirus, people should not be in
groups larger than ten and should maintain six feet of social distancing from
those not in their group.”
-“In providing or obtaining services, every person (including
individuals, businesses, and other legal entities) should use good-faith
efforts and available resources to follow the minimum standard health
protocols recommended by DSHS.”
-“Nothing in this executive order or the DSHS minimum
standards precludes requiring a customer to follow additional hygiene
measures when obtaining services.”
Beyond those, the order allows people to access various
businesses and take part in various activities, but prohibits people from
visiting bars. It has the following restriction: “Every business
establishment in Texas shall operate at no more than 50 percent of the total
listed occupancy of the establishment…” But it then exempts various
businesses, activities, and outdoor events from the restriction:
“For any outdoor gathering in excess of 10 people, other than
those set forth above in paragraph numbers 1, 2, 3 or 5, the gathering is
prohibited unless the mayor of the city in which the gathering is held, or
the county judge in the case of a gathering in an unincorporated area,
approves of the gathering, and such approval can be made subject to certain
conditions or restrictions not inconsistent with this executive order.”
The exemptions in GA-30’s paragraph numbers 1, 2, 3, or 5 are
many. Pursuant to GA-30 #1, a county judge or mayor has no express
authority over the following outdoor gatherings:
1. any services listed by the U.S. Department of Homeland
Security’s Cybersecurity and Infrastructure Security Agency (CISA) in its
Guidance on the Essential Critical Infrastructure Workforce, Version 4.0 or
any subsequent version;
2. religious services, including those conducted in churches,
congregations, and houses of worship;
3. child care services;
4. youth camps, including but not limited to those defined as
such under Chapter 141 of the Texas Health and Safety Code, and including all
summer camps and other daytime and overnight camps for youths;
5. recreational sports programs for youths and adults.
6. any public or private schools, and any public or private
institutions of higher education, not already covered above; and
7. drive-in concerts, movies, or similar events, under
guidelines that facilitate appropriate social distancing, that generally
require spectators to remain in their vehicles, and that minimize in-person
contact between people who are not in the same household or vehicle.
(How exactly does one “generally” remain in one’s car? Oh wait,
this is Texas!! Back the truck in and lay down in that “eight-foot bed
that never has to be made!” Sadly, when confirming the source of those
lyrics online, we found out that the “Pickup Man,” Joe Diffie, passed away in
March from complications related to COVID-19.)
In other words, the above events can take place by right with
no occupancy limits.
Pursuant to GA-30 #2, the following types of business
establishments may operate at up to 75 percent of the total listed occupancy
of the establishment, except for those establishments in areas with high
hospitalizations as listed here:
1. in-store, non-CISA retail establishments;
2. dine-in restaurants, defined as “[o]nly restaurants that
have less than 51 percent of their gross receipts from the sale of alcoholic
beverages, and whose customers eat or drink only while seated, may offer
dine-in services.”
3. non-CISA office buildings;
4. non-CISA manufacturers;
5. museums and libraries; and
6. gyms and exercise facilities and classes.
Pursuant to GA-30 #3 (which cross-references back to GA-28 #2)
regarding outdoor gatherings, the order is confusing. After much
internal debate, the bottom line as interpreted by League attorneys is this:
1. Any outdoor gathering in the city limits in excess of 10
people is prohibited by the order (GA-30 #6), unless a mayor allows it.
2. A mayor may allow a gathering in excess of 10 people in the
city limits, and may impose allowable conditions on the gathering (other than
penalties for individuals who don’t wear a mask)(GA-30 #6). The best way
to do that would probably be a written proclamation.
3. The order’s 50 percent occupancy limit does not apply to
outdoor events, except those expressly listed in number 4 below (GA-30 #3).
4. A mayor has no control over the following, which can
operate at a maximum of 50 percent of the normal operating limits as
determined by the owner: (a) professional, collegiate, or similar
sporting events; (b) swimming pools; (c) water parks; (d) museums and
libraries; (e) zoos, aquariums, natural caverns, and similar facilities; and
(f) rodeos and equestrian events (GA-30 #3 referencing GA-28 #2).
5. Amusement parks shall operate at no more than 50 percent of
the normal operating limits as determined by the owner (GA-30 #5).
Also, the following establishments that operate with at least
six feet of social distancing between work stations have no occupancy limits:
1. cosmetology salons, hair salons, barber shops, nail
salons/shops, and other establishments where licensed cosmetologists or
barbers practice their trade;
2. massage establishments and other facilities where licensed
massage therapists or other persons licensed or otherwise authorized to
practice under Chapter 455 of the Texas Occupations Code practice their
trade; and
3. other personal-care and beauty services such as tanning
salons, tattoo studios, piercing studios, hair removal services, and hair
loss treatment and growth services (GA-30 #4).
What remains expressly closed?
1. Bars or similar establishments that hold a permit from the
Texas Alcoholic Beverage Commission; and
2. Commercial rafting or tubing services, including rental of
rafts or tubes and transportation of people for the purpose of rafting or
tubing.
Interested city officials should review the complicated new
order in its entirety to determine what’s open and with what
restrictions. As before, the best way for a city official to determine
what’s open and which guidelines apply is to visit the governor’s Open
Texas web page. That page indicates which activities are
now allowed according to the guidance document linked for each type of
business or activity.
Finally, GA-30 provides that “[a]ll existing state executive
orders relating to COVID-19 are amended to eliminate confinement in jail as
an available penalty for violating the executive orders.”
Further Updates
Where can I find archived issues of the TML Coronavirus
Updates?
TML Coronavirus Updates are archived by date here and by subject here
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