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Ex. DUT-TX-011 Standing duty Primary source read

Tex. Gov't Code §§ 418.018(c) and 418.108(g)

Movement of People; Declaration of Local Disaster (control of movement of persons and occupancy of premises)

Texas Legislature (Government Code ch. 418) · Texas (State)

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The record

Jurisdiction
Texas
Level
State
Authority
Tex. Gov't Code §§ 418.018(c), 418.108(g)
Issued
1987-09-01 Sept. 1, 1987
Effective
standing (read as 1987-09-01)
End
standing (read as 2021-09-30)
In force
Standing since Sept. 1, 1987 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Stay-at-homeBusiness closureCapacity limitTravel and quarantineStanding duty
Addressees
  • persons generally; owners or persons in control of premises; all businesses (occupancy of premises)
Character
statutory authority
Collection
Standing duties: Texas DUT-TX

Operative words

The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.... The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area.

Penalty

Tex. Gov't Code § 418.173 (Ex. DUT-TX-012)

What it required

The statutory source of every stay-home, closure, occupancy and travel-quarantine command in the Texas layer: the Governor's orders recite § 418.018(c) verbatim (Exs. TX-008, TX-036), and county judges and mayors held the same power over 'the movement of persons and the occupancy of premises' for the local orders in the metro layer until the Governor's orders preempted them. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

State v. El Paso County (Ex. TX-047 at 12) describes the Governor and the county judge as 'both of whom are delegated and here exercised the same express powers over ingress, egress, and occupancy' and resolves the conflict for the Governor under §§ 418.012 and 418.016.