|
Urgent Updates
I thought we were going to take a break today?
We were, but now there’s breaking news that you need to know
about. The governor issued a new executive order today (June
26). We’ve tried to keep the explanation below as clear and concise as
possible, but that’s becoming difficult as the orders become more complex.
What actions did the governor take today (June 26) regarding
the spread of COVID-19 in Texas and in my community?
He issued a new executive order. The new order, GA-28, supersedes GA-26, which we summarized
yesterday. Relative to previous orders, the new order does the
following of most significance to city residents: (1) closes bars; (2)
reduces maximum restaurant occupancy from 75 percent to 50 percent; and (3)
limits outdoor gatherings to 100 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. Individuals are encouraged to wear
appropriate face coverings, but no jurisdiction can impose a civil or
criminal penalty for failure to wear a face covering.”
Beyond those, the order allows people to access various
businesses and take part in various activities. It adds the
following new 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. In fact, the
exemptions are too voluminous to paste in here.
The order also prohibits people from visiting bars, and an
updated, city-related provision regarding outdoor gatherings bears
repeating:
“For any outdoor gathering in excess of 100 people, other
than those set forth above in paragraph numbers 1, 2, or 4, 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.”
[Note: an individual mask mandate would still appear to
be prohibited by the order, meaning a mayor may not impose one as a
condition of allowing a gathering in excess of 100 people. What other
conditions are allowed remains to be seen.]
The exemptions in GA-28’s paragraph numbers 1, 2, or 4 are
many. Pursuant to GA-28 #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 3.1 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; and
5. recreational sports programs for youths and adults.
In other words, the above events can take place by right
with no occupancy limits.
Pursuant to GA-28 #4, amusement parks are subject to a 50
percent occupancy limit (GA-28)
Pursuant to GA-28 #2 and #5 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 100
people is prohibited by the order (GA-28 #5), unless a mayor allows
it.
2. A mayor may allow a gathering in excess of 100 people in
the city limits, and may impose allowable conditions on the gathering
(other than masks for individual)(GA-28 #5). 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-18 #2).
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-28 #2).
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.
The order continues to supersede local orders and prohibits
confinement in jail for a violation.
How does the new order (explained above) work with regard to
Fourth of July Celebrations?
Executive Order GA-28 provides that:
“For any outdoor gathering in excess of 100 people…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.”
[Note: according to correspondence between the League
and the governor's office, an individual mask mandate would be allowed
as a condition of approving a gathering in excess of 100 people, but
no penalty of any type could be imposed on an individual who refuses to
comply. What other conditions are allowed remains to be seen.]
The “outdoor events” guidance states verbatim that:
“Outdoor events, such as July 4 celebrations and other large
outdoor gatherings with estimated attendance of 100 or more, are
permissible to hold in Texas. The county judge or the mayor, as
appropriate, in coordination with the local public health authority, must
give approval to such an outdoor gathering or event prior to it being
held.”
The following are the “local approval factors:”
-Local approval for large outdoor gatherings (those with an
estimated attendance exceeding 100 individuals) is appropriate in this
instance because a statewide standard is unable to take into account the
various factors needed to ensure such a gathering in varied locations is
safe and will minimize the spread of COVID-19. Further, business parity is
not an issue at large outdoor events.
-In evaluating large gatherings (those with an estimated
attendance exceeding 100 individuals), the county judge or the mayor, as
applicable, should consider the following factors:
1. The overall number of projected attendees.
2. The likelihood of individuals over the age of 65
attending.
3. The density of the forum and the ability to ensure social
distancing of 6 feet between individuals.
4. The level of transmission in the county.
-Gatherings of less than 100 individuals may proceed
consistent with all the health protocols above without approval of the
county judge, local health authority, or mayor, as applicable.
Further Updates
What information does TML have for cities as
they start to prepare for the upcoming budget year?
TML has completed a special-edition,
mid-year fiscal conditions survey to help cities navigate the upcoming
budget planning process. With an unexpected public health crisis and an
economic recession, most cities will have to make difficult decisions over
the next coming months. Survey questions center on current budget
shortfalls, as well as the anticipated impact on next year
budgets. The data is being compiled and the results will be published
in Monday’s Update email.
Where can I find archived issues of the TML Coronavirus
Updates?
TML Coronavirus Updates are archived by date here and by subject here.
|