HomeMy WebLinkAboutR20-478RESOLUTION NO. R20-478
A RESOLUTION OF'THE CITY -COUNCIL OF THE CITY OF PLAINVIEW
TEXAS ADOPTING GOVERNOR'S EXECUTIVE :ORDER GA-23
EXPANDING RE -OPENING OF BUSINESS AND PUBLIC ACTIVITIES
PURSUANT TO TEXAS GOVERNMENT CODE § 418.108; EXTENDING
THE DECLARATION OF -LOCAL DISASTER TO JUNE 9, 2020;
PROVIDING -A PENALTY FOR VIOLATION OF THE DECLARATION OF
.A FINE UP TO: $1000.00.
WHERE -AS -,:a novel coronavirus (COVID-19) has been recognized globally as a
contagious respiratory virus; and
WHEREAS, ..COVID-19 continues to spread and to pose an increasing, imminent
threat of disaster throughout City of Plainview and .beyond; and
WHEREAS,, on March 19, 2020, pursuant to the authority:provided him by Texas
Government::Code § 418.108, the Mayor of the: City of .Plainview- issued .a Declaration of
Local Disaster, placing certain restrictions and -procedures in.place in order to protect and
preserve the public health, safety and welfare and consistent with the national and state
;declarations of emergency that was renewed and: extended by the City Council through
Resolution No. R20470 on. March 24,..2020, Resolution- No. R20-471 on April 14, 2020
and :Resolution No. R20-477 on May 7,: 2020; and
WHEREAS, on May 5, 2020, the Governor of the State of Texas issued Executive
Order GA-21, effective until 11:59 p.m. on May 19th, superseding Executive Order GA-
18, incorporating_ -the terms of Executive Order GA-18., expanding the reopening of certain
businesses and services and clarifying terms used and conditions used in portions of
Executive. Order GA-18;
WHEREAS, --the City Council of the City of Plainview, in response to the issuance
of Executive Order GA-21 and the continued spread of COVID-19, found it necessaryto
continue the extension- of the Declaration: of Local Disaster, and adopt certain measures
re -opening retail. businesses under -certain terms.and-conditions; approved via Resolution
No. R20-477 on May 7, 2020 to help further contain COVID-19 and prevent its spread
throughout the City of Plainview; and -
WHEREAS,. on May 7, :2020, the Governor of the State of Texas issued Executive
Order GA-22 eliminating confinement in jail as a punishment for violating a declaration of
local disaster; and
WHEREAS, on May 12, 2020, the Governor of the State of Texas renewed his
state-wide. disaster proclamation for an. additional thirty (30) days, certifying that. COVID-
1-9 poses an imminent threat of disaster for all counties in the State of Texas; and
WHEREAS, the Declaration of Local Disaster extended in Resolution No, R20-477
is set to expire at 11:59 p.m. on May 21, 2020; and
Resolution R207478 Page 1 of-3
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WHEREAS, on May 18, 2020, the Governor of the State of Texas issued Executive
Order GA-23;. effective until 11:59 p.m. on June 3rd,-superseding Executive Order GA-21:,
expanding the -reopening of businesses and services throughout most of Texas; and
WHEREAS,, that due to the issuance of Executive Order GA-23 and pursuant to
Texas Government Code §418.108, the City Council believes it to be in the best interest
of the City and its citizens, ..in order to protect. and preserve .the. public health,. safety and
welfare, that additional measures mustto taken to further contain COVID-19 and prevent
its spread throughout the City of' Plainview and :to -affirm and incorporate Resolution. No.
R20-477 into this resolution, continue the extension of the Declaration of Local Disaster,
and adopt the measures outlined herein;
NOW THEREFORE, THE CITY .COUNCIL OF THE CITY OF PLAINVIEW, TEXAS,
HEREBY RESOLVES, DECLARES AND ORDERS:
1. THAT' the_ recitals outlined above are found to be true and .correct and are
incorporated as if fully set forth herein.
2. THAT all terms and conditions of the Governor's Executive Order GA-23 is hereby
adopted by reference and is incorporated herein as though set forth fully herein.
Additionally, the guidelines and recommendations provided by the Governor in
conjunction with. issuing Executive Order GA-23, are also adopted, to .the extent it does
not conflict with this Resolution, and all businesses, religious institutions and citizens are
encouraged to review and follow said guidelines. A copy of Executive Order GA-23 is
attached hereto and incorporated herein as though set forth fully herein.
3. THAT to the extent it does not directly, conflict with Executive Order GA-23 or other
specific terms and conditions of this Resolution, Resolution No. R20-477 is hereby
reaffirmed and extended. In the event of a conflict between this Resolution and
Resolution No. R20-477 the terms and _conditions of this Resolution shall control.
4. THAT all other terms and. conditions of the Mayoral Declaration of Local Disaster
initially signed and executed by the Mayor on March 19, 2020 and renewed and extended
by the City Council through Resolution No. R20-470 on March -24, 2020, Resolution No.
R20-471 on April 14, 2020 and Resolution No. R20-477 on May 7, 2020, remains in full
force and effect and is continued to the extent it does not directly -conflict with this
Resolution.
5. THAT pursuant to §418.108(c.) of the Texas Government Code, this Order shall be
given .prompt and general publicity and shall be filed promptly with the City Secretaryof
the City of Plainview.
6. THAT pursuant to § 418:173 of the Texas Government Code, any person who
knowingly or intentionally violates this resolution and order commits :an- offense,
punishable by a fine up to $1,000.00.
Resolution R207478
Page 2 of 3
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May 18, 202b
The Honorable' Ruth R. Hughs
Secretary of State
State Capitol Room 1E.8
Austin, Texas 78701
Dear Secretary Hughs:
Exhibit .to. Resolution R20-478
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c01'ERly�4
oVER.NOR GREG ABBOTT
FILED IN THE OFFICE OF THE
SECRETARY OE STATE
*3 nn O'CLOCK
1jt<e*
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Secretary of State
Pursuant to his:powers as Governor of. the State of Texas; Greg Abbott has issued the following:
Executive Order No. GA-23 relating to the expanded opening .of Texas in
response to the COVID-19 disaster.
The original executive order is attached to this letter of transmittal:
Respectfully submitted,
Clerk to the Governor:
.GSD/gsd
Attachment
POft OFFICE Box 12428 AbsrcN, TEW 78711512-463-2000 (VolcE) DIAL 7-1-1 FOR RELAY SERVICES
Exhibit to Resolution R20-478
Page 4
'gxtruffin Mrbtr
BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
May-18, 2020
EXECUTIVE ORDER
GA 23
Relating to the expanded opening of Texas in 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 counties in the
State of Texas;, and
WHEREAS, I issued proclamations renewing the disaster- declaration for all counties in
Texas on April 12 and May 12, 2020; and
WHEREAS, the Commissioner of the Texas Department of State Health -Services
(DSHS).,. Dr. John Hellerstedt, has determined on March 19, April 17, and May 15; 2020,
that COVID-19 represents a public.health disaster within the meaning of Chapter 81 of
the Texas Health and Safety Code; and
WHEREAS, I have issued executive orders and suspensions of Texas laws in response to
COVID-19, aimed at protecting the health and safety of Texans and ensuring an
effective response to this disaster; and
WHEREAS, I issued Executive Order GA708 on March 19, 2020, mandating certain
obligations for Texans in accordance with the Presideitt's Coronavirus Guidelines for
America, as promulgated by President Donald J. Trump and the Centers for Disease
Control and:Prevention (CDC) on March 16, 2020, which called upon Americans to take
actions to slow the spread of COVID-19 for 15 days; and
WHEREAS, I issued Executive'Order GA-14 on March 31, 2020, based on the
President's announcement that the restrictive Guidelines should extend through April 30,
2020, in light of advice from Dr. Anthony Fauci and Dr. Deborah .Birx, and also based
on guidance by DSHS Commissioner Dr. Hellerstedt and Dr. Birx that the spread of
COVID=19 can be reduced by minimizing social gatherings; and
WHEREAS; Executive Order GA-14 superseded Executive Order GA-08 and expanded
the social -distancing restrictions and other obligations for Texans; aimed at slowing the
spread of COVID-19 and protecting public health and safety; and
WHEREAS, after more than two weeks of having in effect the heightened restrictions
like those required by Executive Order GA- 14,.which had saved lives, it was clear that
the disease still presented.a.serious threat across Texas that could persist in certain areas,
but also that COVID-19-had wrought havoc on many Texas, businesses and workers
affected by.the restrictions that were necessary to protect human life; and
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
1:-_S O'CLOCK
Exhibit.to Resolution R20 478 Page 5 MAY 18 2020
Gdvernor Greg Abbott
May 18, 2020
Executive Order GA-23
Page 2
WHEREAS, on April 17, 2020, I therefore issued Executive Order GA-17, creating the
Governor's Strike Force. to Open Texas to study and make recommendations on safely
and strategically restarting and revitalizing all aspects of the .Lone Star State—, work, -
school, entertainment, and culture; and
WHEREAS, also on April 17, 2020, I issued Executive Order GA-16 to generally
continue through April 30,.2020; -the same social -distancing restrictions and other
obligations for Texans according to federal guidelines; but also to offer a safe, strategic
first step to Open Texas; and
WHEREAS, I subsequently issued Executive Orders GA-18 and GA-21 on Apri127 and
May 5, 2020, respectively; .to expand the services -that are reopened in Texas; and
WHEREAS, as normal business operations resume, everyone must act safely, and to than
end Executive Orders GA-1-8 and GA-21, as well: as this executive order, providethat all
persons should follow the health protocols recommended by.DSHS, which whenever
achieved will mean compliance with the minimum standards for safely reopening, but
which should not be:used to fault those who act in good faith but can only substantially
comply with the standards in light of scarce resources and other extenuating COVID-19
:circumstances; and
WHEREAS.,, in coping with the COVD=19 disaster, and especially as services are being
reopened in: Texas, government officials -should look for the least restrictive means of
combatting the threat to: public health; and
WHEREAS, on'May 7, 2020, I issued Executive Order GA-22 to remove confinement in
jail as an available penalty for non-compliancemith any state or local executive order
issued in response to COVID- 19; -and
WHEREAS,.Texas must continue to protect lives while restoring livelihoods, both of
which can be achieved with the expert advice of medical professionals and business
leaders; and
WHEREAS, the "governor is responsible for meeting ....the dangers to the state and
people presented by.disasters" under:Section 418.011 of the Texas Government Code,
and the legislature has given the governor broad authority to fulfill: that responsibility;
And
WHEREAS,:under:Section 418.012, the "governor may issue executive orders ...
having] the force and effect of law;" and
WHEREAS, under Section 4:18.016(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 4:18,017(a), the "governor may use all available resources of
state government and of political subdivisions that are reasonably necessary to cope with
a disaster;": and'
WHEREAS, under Section 418.018(c), the "governor may control ingress and egress to.
and from a disaster area and the movement of persons and the occupancy of premises in
the area;" and
FILED IN THE OFFICE OF THE
SECRETARY OF STATE:
1130PM O'CLOCK
Exhibit to Resolution R2047b Page 6 MAY :18:.2020
Governor Greg Abbott Executive Order GA-23
May 18, 2020 Page 3
WHEREAS, failure to comply•with any executive order issued during the COVID-19
disaster. is an offense punishable under Section 418.173 bya fine not to exceed $1,000,
and may be subject to regulatory enforcement;
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; and continuing through June 3,
2020, subject to extension based on the status of COV.lb-19 in Texas and the
recommendations of the Governor's Strike Force to Open Texas, the White House
Coronavirus Task Force, and the CDC:
In accordance with guidance from DSHS: Commissioner Dr. Hellerstedt, and to
achieve the goals established by the President to reduce the spread ofCOVID-19,
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 stayy at 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.
"Covered Services" shall consist of everything listed by the U.S. Department of
Homeland Security's Cybersecurity and Infrastructure Security Agency ((ISA) in -its
Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 or any
subsequent version, plus religious services conducted in churches, congregations, and
houses of worship. These covered services ure not subject to the conditions and
.limitations, including occupancy or operating limits, set forth below for other covered
services.
"Covered Services" shall also consist of the following to the:extent they are not
already CISA services. or religious services, subject to the conditions and limitations
:set forth below:
1. Retaii services that may be provided through pick-up, delivery by mail, or delivery
to the customer's doorstep.
2. In-store, non-CISA retail services, for retail establishments that operate at up to 25
percent of the total listed occupancy of the retail establishment.
3. Dine-in.restaurant services, for:restaurants that operate at up to 25 percent of the
total listed occupancy of the restaurant, effective until 12:01. a.m. on Friday, May
22, 2020, when this provision is superseded by the provision set forth.below for
expanded dine -in restaurant. services; provided, however, that
a. this applies only to restaurants that have'less than 51. percent of their gross
receipts from the sale of alcoholic' beverages; and
b. any components of the restaurants that have interactive functions or exhibits,
including child play Areas, interactive games, and video arcades, must remain
closed.
4. Movie theaters that operate at up to 25 percent of the total listed occupancy of any
individual theater for any screening; provided, however,. that components of the
movie theaters that have video arcades or interactive games must remain closed.
5. Shopping malls that operate:at up to 25 percent.of the:total listed occupancy of the
shopping mall; provided, however; that within shopping.malls, the -food -court
dining areas, play areas, video arcades, and interactive displays and settings must
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
1:3oft O'CLOCK
MAY 18 2026
Exhibit to Resolution R20478 Page 7
Governor Greg Abbott Executive Order GA-23
May 18, 2020 Page 4
remain closed.
6. Museums and libraries that operate at up to 25 percent of the total listed
occupancy; provided; however, that
a. local public museums and local public libraries may:so operate, only if
permitted by the local government; and
b. any components of museums or libraries that have interactive functions or
exhibits, inchiding.child play areas, must remain closed.
7. Golf course operations.
8. Local government operations, including -county and municipal governmental
operations.relating to licensing (including marriage licenses), permitting,
recordation, and document -filing services, as deteririined by the local government.
9. Wedding venues and:the services required to conduct weddings; provided,
however, that.for weddings held indoors other than at a'church-, congregation, or
house of worship, the facility may operate at up to 25 percent of the total listed
occupancy of the:facility.
10. Wedding reception services, for facilities that operate at up to 25 percent of the
total, listed occupancy of the facility.
11. Cosmetology salons, hair salons, barber shops, nail salons/shops, and other
establishments where licensed cosmetologists or barbers practice their trade;
provided, however; that all such salons, shops, and establishments must, ensure at
least six feet of socialdistancing between operating work stations.
12. Tanning:salons; provided, however, thavall such salons:must ensure at least six
feet of social distancing between operating work stations.
11 Swimming pools, -,as determined by each pool owner; provided, however, that
a; indoor swimming pools -may operate at, up. to 25 percent of the total listed
occupancy of the pool facility;. and
b. outdoor swimming pools may operate at up to 25 percent of normal operating.
limits as determined .by the poolowner;
14: Non-CISA services, provided by office workers in offices that operate at- up to the
greater of (i) ten individuals, or (ii) 25 percent of the total office workforce;
provided, however, that the individuals maintain appropriate social distancing.
15. Non-CISA manufacturing services; for facilities that operate at up to 25 percent of
the total listed occupancy of the facility.
16. Gyms and exercise facilities and classes that operate at up to 25 percent of the
totallisted occupancy of the gym or exercise facility; provided,, however, that
locker rooms and shower facilities must remain closed, but restrooms may open.
17; Starting immediately -for all Texas counties except Deaf Smith, El Paso, Moore;
Potter, and Randall counties:
a. Massage establishments and other facilities where licensed massage therapists
or other persons licensed or otherwise authorized to .practice under Chapter
455 of the Texas Occupations Code practice their trade; provided,. however;
that all such facilities must ensure at least six feei.of social distancing between
operating work stations.
b. Personal -care and beauty services:that have not already been reopened, such as
tattoo studios, piercing studios;.hair removal services, and hair loss treatment
and growth services;:provided, however;'that (i) all such facilities:must ensure
at least six feet of:social distancing between operating work stations; and (ii)
to. the extent such services are licensed or otherwise regulated.by Texas law,
such services may operate only as permitted by Texas law.
c. Child-care services other than youth camps as described below; provided;
however, that to the extent such services are licensed or otherwise: regulated
by Texas law, such services may operate only as permitted by.Texas law.
18. Startingat.12:01 a.m. on Friday, May 22, 2020, for all Texas counties except Deaf
FILED IN:THE OFFICE OF THE
SECRETARY OF STATE
1: 30 PM O'CLOCK
Exhibit.to Resolution R20478 Page 9 MAY 18 2020
Governor Greg Abbott
May 18, 2020
Executive Order GA-23
Page 5
Smith, El Paso, Moore, Potter, and Randall counties:
A. Dine -in restaurant services, for restaurants that operate at up to 50 percent of
the total listed occupancy of the restaurant; provided, however that (i) this=
applies only to restaurants that have less than 51 percent of their gross receipts
from the sale of alcoholic beverages; and (ii) any components of the
restaurants that have interactive functions or exhibits, including child play
areas, interactive: games, and video arcades, mu§t,remain closed.
b. Bars and similar establishments that are not restaurants as defined above, that,
hold a permit from the Texas Alcoholic Beverage Commission, and that are
not otherwise expressly prohibited in this executive order,, for such
establishments. that operate at up to 25 percent of the total listed occupancy of
the establishment; provided, however, that any components of the
establishments that have interactive functions or exhibits, including child play
areas, interactive games, and video arcades, must remain closed.
c. Aquariums, natural.cavems, and similar facilities (excluding zoos) that
operate at up to 25 percent of the total listed occupancy or, for outdoor areas,
at up to. 25 percent of the normal operating limits'as determined by the facility
owner; provided, however, that.(i) local public facilities may so operate only if
permitted by the local government; and (ii). any components of the facilities
that have interactive functions or exhibits, including child play areas, must
remain closed.
d. Bowling alleys, bingo halls, simulcast racing to the extent authorized by state
law, and skating rinks that operate at up to 25 percent of the total listed
occupancy of the.establishment; provided, however, that (i) bowling alleys
must ensure at least six feet of social distancing between operating lanes; and
(ii) components of the establishments that have video arcades must remain
closed.
e.. Rodeos and equestrian events that operate at up to 25 percent of the total listed
occupancy or.jor outdoor areas, at up to 25 percent of the normal operating
limits as determined by the facility owner; provided,.however,.that this
authorizes only the rodeo or equestrian event and not larger gatherings, such
as county fairs, in which such anevent may be held.
f. 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.
g. Amateur sporting events (i) at which there is no access to the general public
allowed; and (ii) for which 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.
19: Starting at 12:01 a.m: on Friday, May 29, 2020, for Deaf Smith, El Paso, Moore,
Potter, and Randall counties:
a. All services that were restored for other Texas counties on. Monday, May 18
and Friday, May 22, 2020, in numbers 17 and 18 above.
20. Starting at 12:01 a.m. on Friday, May 29, 2020', for all Texas counties:_
a: Outdoor areas:of.zoos that operate at up: to 25 percent of the normal operating
limits as determined by the zoo owner; provided, however; ,that (i) indoor
areas of zoos, other than restrooms, must remain closed; (ii) any components
of the zoos that have: interactive functions or exhibits, including child play
areas, must remain closed; and (iii) local public zoos may so operate only if
permitted by the local government.
21. Starting at 12:01 a.m. on Sunday,. May 31, 2020, for all Texas counties:
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
I-,3 o PM O'CLOCK
Exhibit to Resolution R204M Page 6 MAY 1. 8 2020
E
1
Governor Greg Abbott
May 18, 2020
Executive Order GA-23
Page 6
a. Professional basketball, baseball, softball, golf, tennis,.football, and car racing
events, with no spectators physically present on the premises of the Venue, :as
approved on a league -by -league basis by DSHS, in consultation with the
Office of the Governor and any recommendations by the advisory Strike Force
to Open Texas, based on whether the league has submitted a plan that applies
to all events and that meets the minimum health and safety -standards;
provided, however, that each league must submit, along with a request for
approval in the manner prescribed by DSHS, a plan that incorporates
applicable minimum standard 'health protocols recommended:by DSHS, as -
Applicable, and such additional measures as are needed to ensure a safe plan
for conducting;the event.
b. Youth camps;: including but not limitedto. those defined as such under Chapter
141 of the Texas Health and Safety Code, and including all summer camps
and other daytime and overnight camps for youths.
c. Youth sports.programs; provided, however, that practices may begin, but
games and similar competitions may not begin until June 15, 2020..
22. For Texas counties that have filed. with DSHS, and are in compliance with, the
requisite attestation form promulgated by DSHS regarding five or fewer cases of
COVID-19; those services, establishments, and facilities listed above with 25 -
percent occupancy:or operating limits may; as otherwise defined and limited
above, operate at up to.50 percent.
23. Such additional services as may, be enumerated by future executive orders or
proclamations by the governor.
For the Covered Services listed' above with limits based on "total listed occupancy,"
the total: listed occupancy limits refer to the: maximum occupant load set by local or
state law; but for purposes of this executive order, staff members -are not included in
determining operating levels except for non=CISA manufacturing service providers
and non-CISA services,provided by office workers. The "total listed occupancy"
limits do. not apply to outdoor areas, events, facilities; or establishments.
Additionally, valet services are prohibited except for vehicles with placards or plates
for disabled parking.
Notwithstanding anything herein to the contrary, the governor may by proclamation
identify any county or counties in which Covered Services other than CISA services
and religious services are thereafter prohibited, in the governor's sole discretion,
based on the governor's determination in consultation -with medical professionals that
only CISA services andreligious services should be permitted in the county,
including. based on factors such as an increase in the transmission of COVID-19 or in -
the amount -of COVID-19-related hospitalizations or fatalities.
'In providing or obtaining Covered Services, all persons (including individuals,
businesses and other organizations, and any other legal entity) should use good -faith
efforts and available resources to follow.the minimum standard'health protocols
recommended by DSHS, found at wives.dshs.texas.eov/coronavirus. All 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. Nothing in this executive order or the .DSHS minimum standards precludes
requiting a customer wishing to obtain services .to -follow additional hygiene
measures.
FILED IN THE OFFICE OF THE
SECRETARY,OF STATE
jy3 pp�'CLOCK
MAY 18 2020.
Exhibitto Resolution R20-47b Page 10
Governor Greg Abbott
May 18, 2020
Executive Order GA-23
Page 7
Religious services should be conducted in accordance with the joint guidance issued
and updated by the attorney. general and governor. Nothing in this executive order,
the DSHS minimum standards, or the joint guidance issued and updated by the
attorney:general and governor precludes churches, congregations, and houses 'of
worship from using school campuses for their religious services or other allowed
services.
.Except as specifically allowed above, people shall avoid visiting interactive
amusement:venues such as video arcades, amusement parks; or water. parks, unless
these enumeratedestablishments or venues are specifically added.as a Covered
Service by proclamation or future executive order of the governor. Notwithstanding
anything herein to the contrary, the governor may by proclamation add to this list of
establishments or venues that people shall avoid visiting. To the.extent any of the
establishments or venues that people shall avoid visiting also offer Covered Services
permitted above, such.as restaurant services, these- establishments or venues can offer
only the Covered Services and may not offer any other services.
This executive order does not prohibit people from accessing Covered Services or
engaging in safe daily activities, such as going, to the grocery store or gas station,
providing or obtaining other Covered Services; visiting swimming pools, parks;
beaches, rivers, or lakes; hunting or fishing; attending youth club meetings or events;
or engagiiig.in physical activity like jogging, bicycling, or other. outdoor sports, so
long as the -necessary precautions are maintained to reduce the transmission of
COVID-19 and to minimize in -person contact with people who are not in:the same
household.
In accordance with.the Guidelines from the:President and the CDC, people shall not
visit nursing homes, state supported living centers, assisted living facilities,. or long-
term:care facilities unless to provide critical assistance as. determined through
guidance from the Texas Health -and Human Services Commission. (HHSC). Nursing
homes, state supported living centers,.assisted living facilities,.and long-term care
facilities should follow infection control policies and practices set forth by the HHSC,
including minimizing: the movement of staff between facilities whenever. possible..
In accordance with the Guidelines from the President and the CDC, schools shall
remain temporarily closed to in -person classroom attendance by students for the
2019-2020 school year, except for the following:
Public education students (accompanied by an adult if needed) may, as allowed by
the school consistent with the rhinimum standard health protocols found in
guidance issued by the Texas Education Agency (TEA), visit his or her school
campus (a) for limited non -instructional administrative tasks such as cleaning out
lockers, collecting personal belongings„and returning school items like band
instruments:and books; or (b) for graduating seniors, to complete post -secondary
requirements that cannot be accomplished absent access to the school facility and
its resources, excluding any -activity or assessment which can be done. virtually.
Beginning June 1, 2WO,_public school districts may offer, and public education
students may accordingly visit school: campuses for, in -person classroom
instructional activities and learning options, such as summer school programs,
special educatiowevaluations, specialized assessments, and individualized
tutoring, under the minimum standard health protocols found in guidance issued
by the TEA.
Public education teachers and staff are encouraged to continue to work remotely
FILED IN THE OF..ICE OF THE
SECRETARY OF STATE
1 t 3 c fm O'CLOCK
Exhibit to Resolution R20478 Page 11
MAY 18.2020
1
Governor Greg Abbott
May 18, 2020
Executive Order GA-23
Page 8
from home if possible, but may return to schools to conduct remote video
instruction, to perform administrative duties, and,.beginning June 1, 2020, to
provide in -person classroom instructional activities and learning options as
permitted and offered by school districts, under the rninimum standard health
protocols found in guidance issued by the TEA.
Private schools and institutions of higher education may reopen campuses and are
encouraged to establish similar standards to allow students, teachers;.and staff to
return to schools for the limited purposes set forth above.
Notwithstanding anything herein to the contrary, schoolsmayconduct graduation
cererhbriies consistent with the minimum standard health protocols found in
guidance issued by the TEA.
This executive order, as it pertains to cosmetology salons, hair salons, barber shops,
nail salons/shops, and other establishments -where licensed cosmetologists or barbers
practice their trade, is retroactive to April 2, 2020,.to.the extent necessary.to,
supersede and nullify the existence of any prior. or existing state or local: executive
order; the violation of which could form the basis for confinement in jail. To the
extent any order issued by local officials inxesponse to COVID-19 would allow
confinement in jail of, a person inconsistent with this executive order or any prior state
executive order, that order is superseded retroactive to April 2, 2020.
All existing state executive orders relating to COVID-19 are amended to eliminate
confinement in jail as an available penalty for any violation of the executive orders.
No jurisdiction can confine a person in jail as a.penalty.for violating any executive
order; or any order issued by local officials, in response to the COVID-19 disaster.
To the extent any order issued by local officials in response to the COVID-19 disaster
would allow confinement in jail, that order 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 -order issued in response to the COVD-19 disaster.
This amendment and 'suspension operates retroactively to April 2, 2020, and
supersedes any contrary local or state order.
This executive order shall supersede any conflicting order issued by local officials in
response to the COVID-19 disaster, but only to the extent that such a local order
restricts:Covered Services allowed:by-this executive order, allows -gatherings
prohibited by this executive order,:or.expands the list or scope of Covered Services as:
set forth in this executive order. I hereby suspend Sections 418.1015(b) and 4.18.108
of the: Texas Government Code, Chapter 81, Subchapter'E of the Texas Health and
Safety Code, and any other relevant statutes, to the extent necessaryy to ensure that
local officials do not impose restrictions in response to the COVID-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.
This executive order supersedes Executive Orders GA-21 and GA-22, but does not
supersede Executive Orders'GA-10, GA-13, GA-17, GA-19, or GA-20. This.execdtive
order shall remain in effect and infull force until 1:1:59.p.m. on June 3, 2020, unless -it is
modified, amended; rescinded, or superseded by the governor.
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
l:3of4O'CLOCit
MAY 18 2020
Exhibit to Resolution R20478 Page 12
Governor Greg Abbott
May 18, 2020
ATT-TES,IWW BY:
UTH R. HUGHS
Secretary of State
Executive Order GA-23
Page 9
Given tinder my hand this the 18th
day of May, 2020,
AW
GREG ABBOTT
Governor
FILED IN THE OFFICE.OF.THE
SECRETARY OF STATE
1:3o?nn O'CLOCK
MAY 18 2020
1
'-1
Exhibit.to Resolution R204M Page 13
3
7. "THAT this resolution -and order shall go. into effect immediately upon passage and
continue until:1:1:59 p.m., Tuesday, June 9, 2020, unless renewed, extended, amended
or, cancelled by the -Mayor or City .Council of the City of Plainview.
8. THAT that. this resolution and order, authorizes the Mayor, pursuant to applicable
provisions of Texas Government Code Chapter 418 and Texas Health .and Safety Code
§ 122.006- on behalf of the .City of Plainview,. to take any options necessary to.:promote
health and: suppress the virus, including the quarantine of persons and occupied
structures, examining and regulating hospitals, regulating ingress and egress from the -
City, regulating ingress and egress to -occupied structures, establishment of quarantine
stations, emergency hospitals, and other hospitals, enforcing applicable orders issued by
the Hale County Judge, the Governor of the State of Texas or the Texas Department. of
State Health Services related -to suppressing the COVID-19 -virus, and insuring -
compliance for those who do not comply with: the City's rules and directives.
9. THAT'to the extent permitted by law, any local ordinance or administrative rule
prescribing the procedures. for conduct. of .City business or any local. ordinance or
administrative rule that would in any way prevent, hinder, or delay necessary action in
coping with this disaster, including any local ordinance or administrative rule regarding,
contracting or procurement Which would impede the City's emergency response
necessary to cope with: this declared .disaster, are hereby suspended, but only for the
-duration of this declared local disaster and only:for that limited purpose.
10. THAT to the extent this Order conflicts with the Governor's Executive Order GA-
23 regarding the regulation of essential business and services, Executive Order GA-23
controls and: the Mayor may com,porLand amend this Order and any subsequent order to
be consistent with Executive Order GA-23.
11. THAT'the Mayor is authorized to use all available resources of the City of Plainview -
reasonably necessary, to comply with this resolution.
Approved by the City Council this the .21 st day of May, 2020.
CITY OF PLAINVIEW, TEXAS
ATTEST:
Belinda Hiriojosa, -City Secr ry
Resolution R20-478 Page 3 of 3