The COVID Project
The record
- Jurisdiction
- Texas
- Level
- State
- Authority
- Tex. Gov't Code §§ 418.011, 418.012, 418.016(a)
- Issued
- 2021-03-02 Mar. 2, 2021
- Effective
- 2021-03-10 12:01 a.m. (read as 2021-03-10)
- End
- 2021-07-29 (superseded and rescinded by GA-38, which 'supersedes all pre-existing COVID-19-related executive orders and rescinds them in their entirety, except... GA-13 or GA-37'); ¶¶ 1(b) and 2(c)(iii) superseded earlier by GA-36 on 2021-05-18 (read as 2021-07-29)
- In force
- Mar. 10, 2021 to July 29, 2021
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Capacity limitFace-covering requirementSchools and child careHealth care ordersOther
- Addressees
- every business or other establishment
- every jurisdiction (no face-covering mandates)
- county judges in high-hospitalization Trauma Service Areas
- long-term care facilities
- public schools
- Functions reached
- ends statewide CAP for all sectors
- ends MASK mandate
- authorizes county-judge mitigation to 50% in high-hospitalization TSAs
- SCH continues under TEA protocols (masks in schools to June 4, 2021)
- VS long-term care under HHSC guidance
- Collection
- Texas TX
Operative words
1. In all counties not in an area with high hospitalizations as defined below: a. there are no COVID-19-related operating limits for any business or other establishment; and b. individuals are strongly encouraged to wear face coverings... but no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering.... 2. In any county located in an area with high hospitalizations as defined above: a. there are no state-imposed COVID-19-related operating limits for any business or other establishment; b. there is no state-imposed requirement to wear a face covering; and c. the county judge may use COVID-19-related mitigation strategies; provided, however, that: i. business and other establishments may not be required to operate at less than 50 percent of total occupancy...; ii. no jurisdiction may impose confinement in jail as a penalty...; and iii. no jurisdiction may impose a penalty of any kind for failure to wear a face covering or failure to mandate that customers or employees wear face coverings... 5. Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities should follow guidance from [HHSC] regarding visitations... 6. Public schools may operate as provided by, and under the minimum standard health protocols found in, guidance issued by the Texas Education Agency.... 8. Executive Orders GA-17, GA-25, GA-29, and GA-31 are rescinded in their entirety.
Enforcement
Preemption clause; suspension of §§ 418.1015(b), 418.108 and Health & Safety Code ch. 81 subch. E; § 418.173 fines for local officials added by GA-36
Notes
The instrument that ended Texas's general business restrictions, effective March 10, 2021; what remained: the disaster declaration, GA-10 reporting, the county-judge mitigation option, TEA school protocols, HHSC long-term care guidance, the court emergency orders, TSBDE Emergency Rule 108.7, the DMV waiver to April 14, 2021
Retrieval noteAlso at https://open.texas.gov/uploads/files/organization/opentexas/EO-GA-34-opening-Texas-response-to-COVID-disaster-IMAGE-03-02-2021.pdf.