Full text
July 29. 2021
Mr. Joe A. Esparza
Deputy Secretary of’ State
State Capitol Room IE.8
GOVERNOR
GREG
ABBOTT
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
2’. Lse-’CLOCk
Austin, Texas 78701
Dear Deputy Secretary Esparza:
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.
/Execjve Clelk to the Governor
Attachment
92021
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
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Governor Greg Abbott
Executive Order GA-38
July 29. 2021
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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:”
NOW, THEREFORE, I, Greg Abbott, Governor of Texas, by virtue of the power and
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
and hospital bed capacity that is crucial to efforts to cope with the COVID- 19
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.
I hereby suspend Section 81.082(fl(1) of the Texas
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.
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.
I hereby suspend
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.
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
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Governor Greg Abbott
Executive Order GA-38
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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.
I hereby
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.
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
other establishment.
b.
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.
c.
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.
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Governor Greg Abbott
Executive Order GA-38
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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
ii.
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.
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.
Sections 418.1015(b) and 418.108 of the Texas Government
Code;
ii.
Chapter 81, Subchapter E of the Texas Health and Safety
Code;
iii.
Chapters 121, 122, and 341 of the Texas Health and Safety
Code;
iv.
Chapter 54 of the Texas Local Government Code; and
v.
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
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JUL 292021
Governor Greg Abbott
Executive Order GA-38
July 29, 2021
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
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JUL 292021