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Ex. TX-047 Order Primary source read

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)

Corrected Opinion: El Paso County Judge's business-closure and curfew order conflicts with GA-32 and is preempted

Court of Appeals for the Eighth District of Texas (Alley, C.J.) · Texas (El Paso County) (Court)

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The COVID Project

The record

Jurisdiction
Texas (El Paso County) · Texas
Level
Court
Authority
Tex. Gov't Code §§ 418.012, 418.016, 418.108, 418.1015(b); Executive Order GA-32
Issued
2020-11-13 Nov. 13, 2020
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 (read as 2020-10-29)
End
2020-11-13 (county closure order enjoined); GA-32's 50 percent rollback remained in force in TSA I (El Paso) (read as 2020-11-13)
In force
Oct. 29, 2020 to Nov. 13, 2020
Quarters
2020 Q4
Limitation types
Business closureGathering capHealth care ordersCurfew and hours
Addressees
  • El Paso County non-essential businesses
  • all persons (curfew 10 p.m. to 5 a.m.)
  • long-term care facilities
Functions reached
  • 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
Collection
Texas TX

Operative words

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 'non-essential businesses,' 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's order contains a preemption clause countermanding any conflicting local order... we conclude the Governor's order would prevail.

Enforcement

Court of appeals reversed the denial of a temporary injunction and directed the trial court to enjoin the county order

Notes

The county's two-week shutdown order operated until enjoined, and GA-32's 50 percent rollback with bars closed applied in TSA I throughout the fall and winter (Ex. TX-026)

Retrieval note

The opinion is the primary court record of their terms.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.