{"id":"TX-047","kind":"order","level":"court","jurisdiction":"Texas (El Paso County)","state":"TX","metro":"","industry":"","agency":"","eco":"","issuer":"Court of Appeals for the Eighth District of Texas (Alley, C.J.)","authority":"Tex. Gov\u0027t Code §§ 418.012, 418.016, 418.108, 418.1015(b); Executive Order GA-32","instrument":"State of Texas v. El Paso County, No. 08-20-00226-CV (Tex. App.—El Paso Nov. 13, 2020) (corrected opinion) (reviewing El Paso County Emergency Order No. 13 of Oct. 29, 2020, extended by Order No. 14 to Dec. 1, 2020)","title":"Corrected Opinion: El Paso County Judge\u0027s business-closure and curfew order conflicts with GA-32 and is preempted","dateIssued":"2020-11-13","effective":"County Emergency Order No. 13 effective 2020-10-29 11:59 p.m., set to expire 2020-11-11 11:59 p.m., extended by Order No. 14 to 2020-12-01; opinion Nov. 13, 2020 directing a temporary injunction against the county order","end":"2020-11-13 (county closure order enjoined); GA-32\u0027s 50 percent rollback remained in force in TSA I (El Paso)","startDate":"2020-10-29","endDate":"2020-11-13","quarters":["2020Q4"],"types":["CLOSE","CURF","GATH","HC"],"addressees":["El Paso County non-essential businesses","all persons (curfew 10 p.m. to 5 a.m.)","long-term care facilities"],"clause":"The dispute here arises from County Judge Samaniego enacting County Emergency Order No. 13 (CE-13 or the Order). The Order, effective as of Thursday, October 29, 2020, at 11:59 p.m., was set to expire on Wednesday, November 11, 2020 at 11:59 p.m.... Both orders contain a findings section... followed by sections [providing] for \u0027non-essential businesses,\u0027 a prohibited activities section, and a travel restriction... [The] Order includes a curfew on all persons from 10 p.m. to 5 a.m.... Section 3 of CE-13 imposes a stay at home curfew from 10:00 p.m. to 5:00 a.m.... To the extent the curfew restricts travel to, or participation in activities or business that GA-32 allows, it conflicts with GA-32.... The Governor\u0027s order contains a preemption clause countermanding any conflicting local order... we conclude the Governor\u0027s order would prevail.","enforcement":"Court of appeals reversed the denial of a temporary injunction and directed the trial court to enjoin the county order","functions":["SF/DR/SL/FC El Paso non-essential businesses closed Oct. 29 - Nov. 13, 2020 (two weeks in fact)","CURF all persons","CB","preemption history"],"notes":"The county\u0027s two-week shutdown order operated until enjoined, and GA-32\u0027s 50 percent rollback with bars closed applied in TSA I throughout the fall and winter (Ex. TX-026)","sourceUrl":"https://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=b61279eb-33e2-4ddf-abf1-a67d3b8086a6\u0026coa=coa08\u0026DT=Opinion\u0026MediaID=8356121e-5c6a-43bd-a8af-366e32b43eb8","snapshot":"","fileExists":true,"fileBytes":299441,"grade":"primary","character":"","description":"","collection":"TX","url":"/library/TX-047","exhibitUrl":"/exhibit/TX-047","citation":"Court of Appeals for the Eighth District of Texas (Alley, C.J.), State of Texas v. El Paso County, No. 08-20-00226-CV (Tex. App.—El Paso Nov. 13, 2020) (corrected opinion) (reviewing El Paso County Emergency Order No. 13 of Oct. 29, 2020, extended by Order No. 14 to Dec. 1, 2020) (Ex. TX-047)","stateName":"Texas","related":["TX-026","DUT-TX-005","DUT-TX-010","DUT-TX-011","DUT-TX-021","TX-025"]}