Alerts and Updates
Texas Reopens with a Multiphased Approach
June 2, 2020
Updated guidance and information is being issued almost daily.
On April 17, 2020, Texas Governor Greg Abbott issued three executive orders outlining the beginning of the state’s reopening along with health and safety guidance. Within these orders, Governor Abbott also established the Strike Force to Open Texas to provide advice and recommendations for reopening the Texas economy. The Strike Force is comprised of nationally recognized medical experts and private and public leaders.
At the same time, Governor Abbott outlined his multiphase approach for reopening Texas. Importantly, Governor Abbott made clear that his executive orders supersede local ordinances. Phase 1 began on May 1 and consists of reopening the following:
- Restaurants and retailers at 25 percent capacity;
- Libraries and museums at 25 percent capacity;
- Malls and movie theaters; and
- Wedding venues.
While places of worship were never ordered to close, under Phase 1 these organizations were allowed to increase the number of people in attendance. Phase 1 also still requested people practice social distancing and recommended that individuals wear masks but made clear that these were not requirements.
Prior to May 1, Governor Abbott also loosened restrictions on other businesses. Effective April 20, Texas state parks were ordered to reopen. Beginning April 24, the governor’s second executive order (GA-16) allowed retail businesses to establish a “Retail-To-Go” model that allowed retail outlets in Texas to deliver items to customers’ cars, homes or other locations to minimize contact.
The governor’s third executive order (GA-15) relates to hospital capacity and personal protective equipment (PPE) and loosens restrictions on surgeries previously enacted. Beginning at 11:59 p.m. on April 21 through 11:59 p.m. on May 8, additional exceptions to the prior orders included:
- Any procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete the hospital capacity or the PPE needed to cope with COVID-19, or
- Any surgery or procedure performed in a licensed healthcare facility that has certified in writing to the Texas Health and Human Services Commission both (1) that it will reserve at least 25 percent of its hospital capacity for treatment of COVID-19 patients, accounting for the range of clinical severity of COVID-19 patients, and (2) that it will not request any PPE from any public source—whether federal, state or local—for the duration of the COVID-19 disaster.
On May 8, hair salons, nail salons, barber shops and related business were permitted to open.
On May 18, Texas entered Phase 2 of Governor Abbott’s plan to reopen the state. Child care facilities, massage parlors and youth clubs like the Boy Scouts and Girl Scouts were permitted to open immediately. On May 22, several other businesses were able to open at 25 percent capacity. These businesses included bars, bowling alleys, bingo halls and aquariums. On May 29, zoos were permitted to open at 25 percent capacity. Also a part of Phase 2 was allowing restaurants to increase to 50 percent capacity.
On May 26, government offices, including the Texas Department of Public Safety, began reopening limited facilities. On the same day, Governor Abbott announced additional services and activities that can reopen beginning May 29. Specifically, he authorized water parks, recreational sport programs for adults, driver education programs and food-court dining areas within malls, all of which included specific limitations.
As of May 31, youth and professional sports can resume with limitations. Youth sports are limited to one parent per child and all are required to follow social distancing rules with practice permitted to start May 31 and games June 15. Professional sports are temporarily prohibited from having fans in attendance.
On an almost weekly basis, Governor Abbott announces additional openings and expansions. Governor Abbott indicated a likely increase in the capacity limitations every couple of weeks, assuming hospital capacity does not become an issue. Governor Abbott has made clear that the metric for reopening is based on hospital capacity and not whether there is an overall increase in individuals testing positive for COVID-19.
For reopening businesses, there are several minimum recommended health protocols established by the executive orders. See Executive Order GA-23 updated on May 26, 2020, and originally issued on May 18, 2020), GA-21 and GA-18. Below are effective dates and links to the health protocols for Texas businesses.
Effective May 1, 2020
- Protocols for individuals (revised May 18, 2020)
- Protocols for all employers (revised May 5, 2020)
- Protocols for retailers (revised May 26, 2020)
- Protocols for retail customers (revised May 18, 2020)
- Protocols for restaurants (revised May 22, 2020)
- Protocols for restaurant customers (revised May 18, 2020)
- Protocols for movie theaters (revised May 18, 2020)
- Protocols for movie theater customers (revised May 18, 2020)
- Protocols for museums and libraries (revised May 19, 2020)
- Protocols for museum and library visitors (revised May 19, 2020)
- Protocols for outdoor sport participants (revised May 5, 2020)
- Protocols for churches and places of worship (revised May 26, 2020)
- Protocols for single person offices (revised May 5, 2020)
- Special guidance for Texans over 65 (revised May 5, 2020)
Effective May 5, 2020
- Protocols for churches and places of worship attendees (revised May 18, 2020)
- Protocols for wedding reception venues
- Protocols for wedding reception attendees (revised May 18, 2020)
- Protocols for wedding venues
- Protocols for wedding attendees (revised May 18, 2020)
Effective May 8, 2020
- Protocols for nail salons and shops
- Protocols for nail salon customers
- Protocols for parks, beaches and bodies of water (including swimming pools) (revised May 18, 2020)
- Protocols for tanning salons
- Protocols for tanning salon customers
- Protocols for barber shops
- Protocols for barber shop customers
- Protocols for cosmetology salons and hair salons
- Protocols for cosmetology salon and hair salon customers
Effective May 18, 2020
- Protocols for manufacturers (revised May 18, 2020)
- Protocols for all office-based employees (revised May 18, 2020)
- Protocols for all office-based employers (revised May 18, 2020)
- Protocols for gyms and exercise facilities (revised May 18, 2020)
- Protocols for gym and exercise facility patrons (revised May 18, 2020)
- Protocols for child care centers
- Protocols for child care families
- Protocols for massage, personal-care and beauty services
- Protocols for massage, personal-care and beauty customers
- Protocols for youth clubs
- Protocols for youth club participants
Effective May 22, 2020
- Protocols for bars (revised May 22, 2020)
- Protocols for bar patrons (revised May 19, 2020)
- Protocols for bowling alleys, bingo halls, simulcasting and skating rinks
- Protocols for bowling, bingo, simulcasting and skating customers
- Protocols for rodeo/equestrian events
- Protocols for zoos, aquariums and natural caverns
- Protocols for zoo, aquarium and natural cavern visitors
- Protocols for outdoor motorsports events
Effective May 26, 2020
Effective May 29, 2020
Effective May 31, 2020
- Protocols for day youth camp operators
- Protocols for day youth camp families
- Protocols for overnight youth camp operators
- Protocols for overnight youth camp families
- Protocols for professional sports without in-person spectators
- Protocols for youth sports operators
- Protocols for youth sports families
- Protocols for professional sports leagues
- Protocols for adult recreational sports operators
- Protocols for adult recreation sport participants
Updated guidance and information is being issued almost daily. As a result, companies should frequently and carefully review the guidance to ensure compliance with the governor’s orders as well as ensuring they are providing a safe working environment.
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