Citizen Communication from Carlos Leon for 8-2-2021 mtg — original pdf

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GOVERNOR GREG ABBOTT FILED IN THE OFFICE OF THE SECRETARY OF STATE 2’. Lse-’CLOCk 92021 Pursuant to his powers as Governor of the State of Texas. Greg Abbott has issued the following: Executive Order No. GA-38 relating to the continued response to the COVJD-19 disaster. The original executive order is attached to this letter of transmittal. Respectfully submitted. July 29. 2021 Mr. Joe A. Esparza Deputy Secretary of’ State State Capitol Room IE.8 Austin, Texas 78701 Dear Deputy Secretary Esparza: /Execjve Clelk to the Governor Attachment POST OFFICE Box 12428 AUSTIN, TEXAS 78711 512463-2000 (VoIcE) DIAL 7-1-1 FOR RELAY SERVICES !xnufhur lilhber BY THE GOVERNOR OF THE STATE OF TEXAS Executive Department Austin, Texas July 29, 2021 EXECUTIVE ORDER GA3S Relating to the continued response to the COVID-19 disaster. WHEREAS. I, Greg Abbott. Governor of Texas. issued a disaster proclamation on March 13, 2020. certifying under Section 418.014 of the Texas Government Code that the novel coronavirus (COVID-19) poses an imminent threat of disaster for all Texas counties; and WHEREAS, in each subsequent month effective through today, I have renewed the COVID-19 disaster declaration for all Texas counties; and WHEREAS, from March 2020 through May 2021, 1 issued a series of executive orders aimed at protecting the health and safety of Texans, ensuring uniformity throughout Texas, and achieving the least restrictive means of combatting the evolving threat to public health by adjusting social-distancing and other mitigation strategies; and WHEREAS, combining into one executive order the requirements of several existing COVID-19 executive orders will further promote statewidc uniformity and certainty; and WHEREAS, as the COVID-19 pandemic continues, Texans are strongly encouraged as a matter of personal responsibility to consistently follow good hygiene, social-distancing. and other mitigation practices: and WHEREAS, receiving a COVID-19 vaccine under an emergency use authorization is always voluntary in Texas and will never be mandated by the government. hut it is strongly encouraged for those eligible to receive one: and WHEREAS, state and local officials should continue to use every reasonable means to make the COVID-19 vaccine available for any eligible person who chooses to receive one; and WHEREAS, in the Texas Disaster Act of 1975. the legislature charged the governor with the responsibility “for meeting ... the dangers to the state and people presented by disasters” under Section 418.011 of the Texas Government Code, and expressly granted the governor broad authority to fulfill that responsibility; and WHEREAS, under Section 418.012, the “governor may issue executive orders hav[ing] the force and effect of law;” and WHEREAS, under Section 418.016(a), the “governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business ... if strict compliance with the provisions . -. would in any way prevent, hinder, or delay necessary action in coping with a disaster:” and WHEREAS, under Section 4 18.018(c), the “governor may control ingress and egress to FILED IN THE OFF!CE OF THE SECRETARY OF STATE 3i5i”- O’CLOCK JUL 292021 Governor Greg Abbott July 29. 2021 Executive Order GA-38 Page 2 and from a disaster area and the movement of persons and the occupancy of premises in the area;” and WHEREAS, under Section 418.173, the legislature authorized as “an offense,” punishable by a fine up to $1,000, any “failure to comply with the [state emergency management plan] or with a rule, order, or ordinance adopted under the plan:” I, Greg Abbott, Governor of Texas, by virtue of the power and NOW, THEREFORE, authority vested in me by the Constitution and laws of the State of Texas, do hereby order the following on a statewide basis effective immediately: I. To ensure the continued availability of timely information about COVID- 19 testing to efforts to cope with the COVID- 19 and hospital bed capacity that is crucial disaster, the following requirements apply: a, All hospitals licensed under Chapter 241 of the Texas Health and Safety Code. and all Texas state-run hospitals. except for psychiatric hospitals. shall submit to the Texas Department of State Health Services (DSHS) daily reports of hospital bed capacity. in the manner prescribed by DSHS. DSHS shall promptly share this information with the Centers for Disease Control and Prevention (CDC). h. Every public or private entity that is utilizing an FDA-approved test, including an emergency use authorization test. for human diagnostic purposes of COVID-l9, shall submit to DSHS. as well as to the local health department. daily reports of all test results, both positive and negative. DSHS shall promptly share this information with the CDC. 2. To ensure that vaccines continue to be voluntary for all Texans and that Texans’ private COVID-19-rclated health information continues to enjoy protection against compelled disclosure, in addition to new laws enacted by the legislature against so- called “vaccine passports,” the following requirements apply: a. No governmental entity can compel any individual to receive a COVID-19 vaccine administered under an emergency use authorization. Health and Safety Code to the extent necessary to ensure that no governmental entity can compel any individual to receive a COVID-19 vaccine administered under an emergency use authorization. I hereby suspend Section 81.082(fl(1) of the Texas h. State agencies and political subdivisions shall not adopt or enforce any order, ordinance, policy, regulation. rule, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual’s vaccination status for any COVJD-l9 vaccine administered under an emergency use authorization. Section 81.085(i) of the Texas Health and Safety’ Code to the extent necessary to enforce this prohibition. This paragraph does not apply to any documentation requirements necessary for the administration of a COVID— 19 vaccine. I hereby suspend c. Any public or private entity that is receiving or will receive public funds through any means, including grants, contracts, loans, or other disbursements of taxpayer money, 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 for any COVID-19 vaccine administered under an emergency use authorization. No consumer may be denied entry to a facility financed FILED IN THE OFFtE OF THE SECRETARY OF STATE :xO’CLOCK JUL 292021 Governor Greg Abbott July 29, 2021 Executive Order GA-38 Page 3 in whole or in part by public funds for failure to provide documentation regarding the consumer’s vaccination status for any COVTD-19 vaccine administered under an emergency use authorization. d. Nothing in this executive order shall be construed to limit the ability of a nursing home, state supported living center, assisted living facility, or long-term care facility to require documentation of a resident’s vaccination status for any COVTD-19 vaccine. e. This paragraph number 2 shall supersede any conflicting order issued by local officials in response to the COVID-19 disaster. suspend Sections 418.1015(h) and 418.108 of the Texas Government Code, Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other relevant statutes, to the extent necessary to ensure that local officials do not impose restrictions in response to the COVID-19 disaster that are inconsistent with this executive order. I hereby 3. To ensure the ability of Texans to preserve livelihoods whilc protecting lives, the following requirements apply: a. There are no COVID-19-related operating limits for any business or b. c. other establishment. In areas where the COVID-19 transmission rate is high, individuals are encouraged to follow the safe practices they have already mastered, such as wearing face coverings over the nose and mouth wherever it is not feasible to maintain six feet of social distancing from another person not in the same household, but no peison may he required by any jurisdiction to wear or to mandate the wearing of a face covering. In providing or obtaining services, every person (including individuals, businesses, and other legal entities) is strongly encouraged to use good-faith efforts and available resources to follow the Texas Department of State Health Services (DSHS) health recommendations, found at www.dshs.texas.gov/coronavirus. d. Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities should follow guidance from the Texas Health and Human Services Commission (HHSC) regarding visitations, and should follow infection control policies and practices set forth by HHSC, including minimizing the movement of staff between facilities whenever possible. e. Public schools may opcrate as provided by, and under the minimum standard health protocols found in, guidance issued by the Texas Education Agency. Private schools and institutions of higher education are encouraged to establish similar standards. f. County and municipal jails should follow guidance from the Texas Commission on Jail Standards regarding visitations. g. As stated above, business activities and legal proceedings are free to proceed without COVID-19-related limitations imposed by local governmental entities or officials. This paragraph number 3 supersedes any conflicting local order in rcsponse to the COVID-19 disaster, and all relevant laws are suspended to the extent necessary to preclude any such inconsistent local orders. Pursuant to the legislature’s command in Section 418.173 of the Texas Government Code and the State’s emergency management plan, 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. FILED IN THE OFF1CE OF THE SECRETARY OF STATE jSO’CLOCK JUL 292021 Governor Greg Abbott Ju1y29,2021 Executive Order GA-38 Page4 4. To further ensure that no governmental entity can mandate masks, the following requirements shall continue to apply: 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; provided, however, that: i. state supported living centers, government-owned hospitals, and government-operated hospitals may continue to use appropriate policies regarding the wearing of face coverings; and the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, and any county and municipal jails acting consistent with guidance by the Texas Commission on Jail Standards may continue to use appropriate policies regarding the wearing of face coverings. ii. b. This paragraph number 4 shall supersede any face-covering requirement imposed by any local governmental entity or official, except as explicitly provided in subparagraph number 4.a. To the extent necessary to ensure that local governmental entities or officials do not impose any such face-covering requirements, I hereby suspend the following: i. ii. iii. iv. v. Sections 418.1015(b) and 418.108 of the Texas Government Code; Chapter 81, Subchapter E of the Texas Health and Safety Code; Chapters 121, 122, and 341 of the Texas Health and Safety Code; Chapter 54 of the Texas Local Government Code; and Any other statute invoked by any local governmental entity or official in support of a face-covering requirement. Pursuant to the legislature’s command in Section 4 18.173 of the Texas Government Code and the State’s emergency management plan, the imposition of any such face-covering requirement 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. c. Even though face coverings cannot be mandated by any governmental entity, that does not prevent individuals from wearing one if they choose. 5. To further ensure uniformity statewide: a. This executive order shall supersede any conflicting order issued by local officials in response to the COVTD-19 disaster, but only to the extent that such a local order restricts services allowed by this executive order or allows gatherings restricted by this executive order. Pursuant to Section 4 18.016(a) of the Texas Government Code, I hereby suspend Sections 418.1015(b) and 418.108 of the Texas Government Code, Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other relevant statutes, to the extent necessary to ensure that local officials do not impose restrictions in response to the FILED (N THE OFFICE CF THE SECRETARY OF STATE 35g O’CLOCK JUL 292021 ___________O’CLOCK Governor Greg Abbott July 29, 2021 Executive Order GA-38 Page 5 COVTD-19 disaster that are inconsistent with this executive order, provided that local officials may enforce this executive order as well as local restrictions that are consistent with this executive order. b. Confinement in jail is not an available penalty for violating this executive order. To the extent any order issued by local officials in response to the COVID-19 disaster would allow confinement in jail as an available penalty for violating a COVID-19-related order, that order allowing confinement in jail is superseded, and I hereby suspend all relevant laws to the extent necessary to ensure that local officials do not confine people in jail for violating any executive order or local order issued in response to the COVID-l9 disaster. 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. This executive order shall remain in effect and in full force unless it is modified, amended, rescinded, or superseded by the governor. This executive order may also be amended by proclamation of the governor. Given under my hand this the 29th day of July, 2021. GREG ABBOTT Governor ATTESTED BY: Deputy ecretary of State FILED IN THE OFFCE OP THE SECRETARY OF STATE JUL 292021