Governor Greg Abbott today issued an Executive Order (GA-38) combining several existing COVID-19 executive orders to promote statewide uniformity and certainty in the state’s COVID-19 response.
Abbott’s EO ordered the following on a statewide basis effective immediately:
To ensure the continued availability of timely information about COVID- 19 testing and hospital bed capacity that is crucial to efforts to cope with the COVID- 19 disaster, the following requirements apply:
- 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).
- 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.
To ensure that vaccines continue to be voluntary for all Texans and that Texans’ private COVID-19-related 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:
- No governmental entity can compel any individual to receive a COVID-19 vaccine administered under an emergency use authorization. Section 81.082(f)(1) of the Texas Health and Safety Code is suspended 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.
- 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 is suspended 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.
- 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 in whole or in part by public funds for failure to provide documentation regarding the consumer’s vaccination status for any COVID-19 vaccine administered under an emergency use authorization.
- 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.
- This paragraph number 2 shall supersede any conflicting order issued by local officials in response to the COVID-19 disaster. Certain statutes are suspended 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.
To ensure the ability of Texans to preserve livelihoods while protecting lives, the following requirements apply:
- There are no COVID-19-related operating limits for any business or 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 person may be 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.
- 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.
- Public schools may operate 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.
- County and municipal jails should follow guidance from the Texas Commission on Jail Standards regarding visitations.
- 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 response 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.
To further ensure that no governmental entity can mandate masks, the following requirements shall continue to apply:
- 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:
- 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.
- 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, suspends several sections of statutes 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.
- Even though face coverings cannot be mandated by any governmental entity, that does not prevent individuals from wearing one if they choose.
To further ensure uniformity statewide the 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 the executive order or allows gatherings restricted by the executive order.
For exact language and more details: GA 38