Executive Order GA-38

The record

Jurisdiction

Texas

Level

State

Authority

Tex. Gov't Code §§ 418.011, 418.012, 418.016(a), 418.018(c), 418.173

Issued

2021-07-29 July 29, 2021

Effective

2021-07-29 (immediately) (read as 2021-07-29)

End

In force through 2021-09-30 and beyond (¶ 2 superseded by GA-39 on 2021-08-25); remained in effect into 2022-2023 (post-period, not researched) (read as 2021-09-30)

In force

July 29, 2021 to Sept. 30, 2021

Quarters

2021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Face-covering requirementSchools and child careHealth care ordersWorkplace rulesVaccination or testingOther

Addressees

• all licensed hospitals
• every public or private entity utilizing an FDA-approved COVID-19 test
• governmental entities and officials
• publicly funded entities
• every business or other establishment
• long-term care facilities
• public schools

Functions reached

• DX testing entities (daily reporting duty, all sectors that test employees or patients)
• IP hospital reporting
• CB vaccination-proof prohibited for publicly funded entities
• SCH schools under TEA protocols (exclusion and notification rules, Ex. TX-053)
• VS long-term care under HHSC guidance
• preemption of local MASK and CAP orders (contested in Aug. 2021, Exs. TX-044 to TX-046)

Collection

Texas TX

Operative words

1.... a. All hospitals licensed under Chapter 241... shall submit to [DSHS] daily reports of hospital bed capacity... b. Every public or private entity that is utilizing an FDA-approved test, including an emergency use authorization test, for human diagnostic purposes of COVID-19, shall submit to DSHS, as well as to the local health department, daily reports of all test results, both positive and negative. 2.... a. No governmental entity can compel any individual to receive a COVID-19 vaccine administered under an emergency use authorization... c. Any public or private entity that is receiving or will receive public funds... shall not require a consumer to provide, as a condition of receiving any service or entering any place, documentation regarding the consumer's vaccination status... 3.... a. There are no COVID-19-related operating limits for any business or other establishment. b.... no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering.... d. Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities should follow guidance from [HHSC] regarding visitations... e. Public schools may operate as provided by, and under the minimum standard health protocols found in, guidance issued by the Texas Education Agency.... g.... the imposition of any conflicting or inconsistent limitation by a local governmental entity or official constitutes a 'failure to comply with' this executive order that is subject to a fine up to $1,000. 4.... a. No governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering... This executive order supersedes all pre-existing COVID-19-related executive orders and rescinds them in their entirety, except that it does not supersede or rescind Executive Orders GA-13 or GA-37.

Enforcement

Notes