EXECUTIVE ORDER GA23
Relating to the expanded opening of Texas in response to the COVID-19 disaster.

 

What does the new Executive Order GA-21 provide?
 

As with previous executive orders, the newest order maintains the stay home/work home provision:
 
“In accordance with guidance from DSHS Commissioner Dr. Hellerstedt, and to achieve the goals established by the President to reduce the spread of COVID-19, every person in Texas shall, except where necessary to provide or obtain essential services or reopened services, minimize social gatherings and minimize in-person contact with people who are not in the same household.”
 
(Emphasis added.) The highlighted language means that Texans should stay home/work home, unless (while following  DSHS/CDC prevention guidelines):
 
-Accessing essential businesses (as defined by  TDEM and the  U.S. Department of Homeland Security).
 
-Accessing “re-opened services” as listed in the order. In addition to services already re-opened by previous order, the following are added to the list:
 
- Wedding venues and the services required to conduct weddings; provided, however, that for weddings held indoors other than at a church, congregation, or house of worship, the facility may operate at up to 25 percent of the total listed occupancy of the facility.
 
- Wedding reception services, for facilities that operate at up to 25 percent of the total listed occupancy of the facility; provided, however, that the occupancy limits do not apply to the outdoor areas of a wedding reception or to outdoor wedding receptions.
 
-Starting on Friday, May 8, 2020, the following are added to the list:
 
a. Cosmetology salons, hair salons, barber shops, nail salons/shops, and other establishments where licensed cosmetologists or barbers practice their trade; provided, however, that all such salons, shops, and establishments must ensure at least six feet of social distancing between operating work stations.
b. Tanning salons; provided, however, that all such salons must ensure at least six feet of social distancing between operating work stations.
c. Swimming pools; provided, however, that (i) indoor swimming pools may operate at up to 25 percent of the total listed occupancy of the pool facility; (ii) outdoor swimming pools may operate at up to 25 percent of normal operating limits as determined by the pool operator; and (iii) local public swimming pools may so operate only if permitted by the local government.
 
-Starting on Monday, May 18, 2020, the following are added to the list:
 
a. Services provided by office workers in offices that operate at up to the greater of: (i) five individuals; or (ii) 25 percent of the total office workforce; provided, however, that the individuals maintain appropriate social distancing.
b. Manufacturing services, for facilities that operate at up to 25 percent of the total listed occupancy of the facility.
c. Gyms and exercise facilities and classes that operate at up to 25 percent of the total listed occupancy of the gym or exercise facility; provided, however, that locker rooms and shower facilities must remain closed, but restrooms may open.
 
In addition, the order allows (while following  DSHS/CDC prevention guidelines):
 
-Attending religious services according to attorney general’s  guidelines.
-Participating in “essential daily activities,” such as going to the grocery store or gas station; providing or obtaining other essential or reopened services; visiting swimming pools, parks, beaches, rivers, or lakes; hunting or fishing; or engaging in physical activity like jogging, bicycling, or other outdoor sports.
 
According to the governor’s May 5 press release, “these newly opened services are subject to recommended minimum standard health protocols outlined by DSHS. These protocols will be available on the  Open Texas webpage.” 
 
Does the new executive order provide additional guidance as to occupancy limits?
 
Yes. In an attempt to alleviate confusion under prior orders, the new executive order expressly defines occupancy in this way: “the total listed occupancy limits described above refer to the maximum occupant load set by local or state law, but for purposes of this executive order, staff members are not included in determining operating levels except for non-essential manufacturing service providers and services provided by office workers.”
 
What activities does the new executive order expressly prohibit?
 
The new executive order provides that:
 
-People shall avoid visiting bars, massage establishments, tattoo studios, piercing studios, sexually oriented businesses, or interactive amusement venues such as bowling alleys, video arcades, amusement parks, water parks, or splash pads, unless these enumerated establishments or venues are specifically added as a reopened service by proclamation or future executive order of the governor. 
 
-In accordance with the Guidelines from the President and the CDC, people shall not visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities unless to provide critical assistance as determined through guidance from the Texas Health and Human Services Commission (HHSC).
 
-In accordance with the Guidelines from the President and the CDC, schools shall remain temporarily closed to in-person classroom attendance by students and shall not recommence before the end of the 2019-2020 school year.
 
Does the new executive order supersede local orders?
 
Yes.

Does the new executive order expressly supersede local mask/face covering mandates?
 
Yes. The new executive order provides that “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.” 
 
Can a business (or a city as the owner of a facility) require a customer to adhere to additional hygiene measures?
 
Yes. The new executive order provides that “Nothing in this executive order or the DSHS minimum standards precludes requiring a customer wishing to obtain services to follow additional hygiene measures.” Presumably, that means a business could mandate the wearing of a mask/face covering to enter.