The COVID Project
The record
- Jurisdiction
- Texas
- Level
- State
- Authority
- Tex. Gov't Code ch. 418 (§ 418.016(a) suspensions of §§ 418.1015(b), 418.108; Health & Safety Code ch. 81 subch. E)
- Issued
- 2020-10-07 Oct. 7, 2020
- Effective
- 2020-10-14 12:01 a.m. (read as 2020-10-14)
- End
- 2021-03-10 12:01 a.m. (superseded by GA-34) (read as 2021-03-10)
- In force
- Oct. 14, 2020 to Mar. 10, 2021
- Quarters
- 2020 Q42021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureCapacity limitGathering capSchools and child careHealth care ordersAlcohol and barsEvents and venuesWorkplace rules
- Addressees
- every business establishment (75%; 50% in high-hospitalization Trauma Service Areas)
- bars (50% only with county-judge opt-in filed with TABC and only outside high-hospitalization areas)
- sporting events and rodeos (50%)
- outdoor gatherings over 10
- county judges and mayors
- long-term care facilities
- schools
- Functions reached
- all non-CISA premises 75% or 50%
- BA bars 50% by county opt-in or closed
- DR restaurants 75%/50%
- OF/PF offices and manufacturing 75%/50% with staff counted
- SP/PE/AM sporting events 50%; amusement and water parks, pools, museums, zoos 75%/50%
- GATH outdoor >10 local approval; groups over 10 barred
- VS long-term care per HHSC
- SCH per TEA
- Collection
- Texas TX
Operative words
Every business establishment in Texas shall operate at no more than 75 percent of the total listed occupancy of the establishment; provided, however, that:... 2. In areas with high hospitalizations as defined below, any business establishment that otherwise would have a 75 percent occupancy or operating limit may operate at up to only 50 percent.... 'Areas with high hospitalizations' means any Trauma Service Area that has had seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of total hospital capacity exceeds 15 percent, until such time as the Trauma Service Area has seven consecutive days in which [that percentage] is 15 percent or less.... 4. All indoor and outdoor professional, collegiate, and similar sporting events, including rodeos and equestrian events, shall remain limited to 50 percent... 5. For any outdoor gathering in excess of 10 people... the gathering is prohibited unless the mayor... or the county judge... approves... 7.... A bar or similar establishment may offer on-premises services at up to 50 percent of the total listed occupancy of the establishment if a. the bar or similar establishment is not in an area with high hospitalizations as defined above, and the county judge of the county in which the bar or similar establishment is located files the requisite form with TABC... People shall not visit bars or similar establishments that are located in counties not included in parts (a) or (b) above.... 10.... people shall not be in groups larger than 10 and shall maintain six feet of social distancing from those not in their group.
Enforcement
§ 418.173 (fine; jail eliminated); TABC (county opt-in list); DSHS high-hospitalization list (Ex. TX-026); preemption clause applied against El Paso County by the Eighth Court of Appeals (Ex. TX-047)
Notes
The regime in force on the first day of 2020 Q4 (from Oct. 14) and 2021 Q1 and on the last day of 2020 Q4; by January 15, 2021, eighteen Trauma Service Areas (Amarillo, Lubbock, Abilene, Dallas/Fort Worth, Paris, Longview, Lufkin, El Paso, Belton/Killeen, Waco, Bryan/College Station, Austin, San Antonio, Houston, Galveston, Victoria, Laredo, Rio Grande Valley) were under the 50 percent rollback with bars closed (Ex. TX-026)
Retrieval noteBundled row upgraded from verified_secondary to verified_primary.