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Urgent Updates
Did the governor take any virus-related action relating to
face masks heading into the Fourth of July weekend?
Yes. He issued Executive Order GA-29, a face covering order, which
becomes effective at 12:01 p.m. on July 3 and provides that:
“Every person in Texas shall wear a face covering over the
nose and mouth when inside a commercial entity or other building or space
open to the public, or when in an outdoor public space, wherever it is not
feasible to maintain six feet of social distancing from another person not in
the same household; provided, however, that this face-covering requirement
does not apply [in 11 enumerated circumstances listed in the order].”
Certain counties are exempted from the requirement, and the
order provides that TDEM will keep a list of those counties on its website at
https://tdem.texas.gov/ga29/.
According to the order:
“Following a verbal or written warning for a first-time
violator of this face covering requirement, a person’s second violation shall
be punishable by a fine not to exceed $250. Each subsequent violation shall
be punishable by a fine not to exceed $250 per violation.
Local law enforcement and other local officials, as
appropriate, can and should enforce this executive order, Executive Order
GA-28, and other effective executive orders, as well as local restrictions
that are consistent with this executive order and other effective executive
orders.
But no law enforcement or other official may detain, arrest,
or confine in jail any person for a violation of this executive order or for
related non-violent, non-felony offenses that are predicated on a violation
of this executive order; provided, however, that any official with authority
to enforce this executive order may act to enforce trespassing laws and
remove violators at the request of a business establishment or other property
owner. This executive order hereby prohibits confinement in jail as a penalty
for the violation of any face-covering order by any jurisdiction.”
Did the governor take any virus-related action relating to
large gatherings heading into the Fourth of July weekend?
Yes. He issued a proclamation amending Executive Order GA-28 granting mayors additional
authority over smaller gatherings. The proclamation becomes effective at
12:01 p.m. on July 3 and continues the social distancing requirement:
“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 shall not be in groups larger than 10 and shall maintain six feet of
social distancing from those not in their group.”
And it lowers the mayoral approval threshold for outdoor
gatherings from those in excess of 100 to those in excess of 10:
“For any outdoor gathering in excess of 10 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.”
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.
Pursuant to GA-28 #2 and #5 regarding outdoor gatherings, the
order remains 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-28 #5), 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 (including
a now-enforceable mask requirement)(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).
Further Updates
Will there be an update tomorrow?
Probably not, unless any further major announcements are made.
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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