Reopening Texas: Governor Abbott Issues Phase II Executive Order

On May 18, 2020, Governor Greg Abbott issued Executive Order GA-23 as part of his three-phase plan to reopen the economy in Texas. The three-phase plan is outlined in a report entitled “Texans Helping Texans: The Governor’s Report to Open Texas.” Executive Order GA-23 is Phase II of the plan and follows Executive Order GA-18 (issued April 27, 2020) and Executive Order GA-21 (issued May 5, 2020). Executive Order GA-23 “continu[es] through June 3, 2020, subject to extension based on the status of COVID-19 in Texas and the recommendations of the Governor’s Strike Force to Open Texas, the White House Coronavirus Task Force and the [U.S. Centers for Disease Control and Prevention] CDC.”

Consistent with the previous executive orders, Governor Abbott stated:

In accordance with guidance from [Texas Department of State Health Services] DSHS Commissioner Dr. Hellerstedt, and to achieve the goals established by the President to reduce the spread of COVID-l9, every person in Texas shall, except where necessary to provide or obtain Covered Services, minimize social gatherings and minimize in-person contact with people who are not in the same household. People over the age of 65, however, are strongly encouraged to stay home as much as possible; to maintain appropriate distance from any member of the household who has been out of the residence in the previous 14 days; and, if leaving the home, to implement social distancing and to practice good hygiene, environmental cleanliness, and sanitation.

Executive Order GA-23

As of the dates set forth below, the following services and activities may open with or without restrictions:

May 18, 2020

• Massage establishments and other related facilities (must maintain at least six feet of social distancing)
• Personal-care and beauty services that were not previously reopened, such as tattoo studios, piercing studios, hair-removal services, and hair-loss treatment and growth services (must maintain at least six feet of social distancing)
• Childcare services other than youth camps

May 22, 2020

• Restaurants may expand dine-in services to 50 percent of the total listed occupancy inside the restaurant; “interactive functions or exhibits, including child play areas, interactive games, and video arcades, must remain closed”
• Bars may not exceed 25 percent of the total listed occupancy; “interactive functions or exhibits, including child play areas, interactive games, and video arcades, must remain closed”
• Aquariums, natural caverns, and similar facilities; indoor facilities may not exceed 25 percent of the total listed occupancy; outdoor facilities may not exceed 25 percent of the normal operating limits; “interactive functions or exhibits, including child play areas, must remain closed”
• Bowling alleys, bingo halls, simulcast racing, and skating rinks may not exceed 25 percent of the total listed occupancy; “bowling alleys must ensure at least six feet of social distancing between operating lanes;” and “video arcades must remain closed”)
• Rodeos and equestrian events may not exceed 25 percent of the total listed occupancy and outdoor areas may not exceed 25 percent of the normal operating limits
• Drive-in concerts “under guidelines that facilitate appropriate social distancing, that generally require spectators to remain in their vehicles, and that minimize in-person contact between people who are not in the same household or vehicle”
• Amateur sporting events where there is “no access to the general public allowed” and “all participants have tested negative for COVID-19 prior to the event, are quarantined for the duration of the event, are temperature-checked and monitored for symptoms daily, and are tested again for COVID-19 at the end of the event”

May 29, 2020

• Zoos; outdoor areas may not exceed 25 percent of the normal operating limits; “indoor areas of zoos, other than restrooms, must remain closed;” “interactive functions or exhibits, including child play areas, must remain closed”
• Local public zoos, only if permitted by local government with the same limitations as above

May 31, 2020

• Professional basketball, baseball, softball, golf, tennis, football, and car racing (without in-person spectators and subject to certain plans approved by the DSHS)
• Youth camps, including all summer camps, daytime camps, and overnight camps
• Youth sports programs; “games and similar competitions may not begin until June 15, 2020”

Minimum Standard Health Protocols

Regardless of the reopening date, all newly reopened businesses and services are subject to the recommended minimum standard health protocols outlined by the DSHS. Additionally, Governor Abbott stated that “[a]ll persons should also follow, to the extent not inconsistent with the DSHS minimum standards, the Guidelines from the President and the CDC, as well as other CDC recommendations. Individuals are encouraged to wear appropriate face coverings, but no jurisdiction can impose a civil or criminal penalty for failure to wear a face covering.”

Delayed Reopening for Certain Counties

Certain counties experiencing surges in COVID-19 cases will have their beginning dates of Phase II delayed until May 29, 2020. These counties include Deaf Smith, El Paso, Moore, Potter, and Randall. On May 5, 2020, Governor Abbott created Surge Response Teams to combat any COVID-19 flare ups in Texas.” The Surge Response Teams are actively working in these areas to increase testing, maintain hospital capacity, and ensure that COVID-19 is contained and mitigated.

Ogletree Deakins will continue to monitor and report on developments with respect to the COVID-19 pandemic and will post updates in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Important information for employers is also available via the firm’s webinar programs.