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HomeMy WebLinkAboutR20-486a RESOLUTION NO. R20-486, A RESOLUTION OF THE .CITY COUNCIL OF THE CITY OF PLAINVIEW TEXAS ADOPTING GOVERNOR'S EXECUTIVE ORDER GA-29 AND GA- -28 AS AMENDED PURSUANT_ TO TEXAS GOVERNMENT CODE § 418.108; EXTENDING THE DECLARATION OF LOCAL DISASTER TO AUGUST 11, 2020; PROVIDING A PENALTY FOR VIOLATION OF THE DECLARATION :OF .A FINE UP TO $:1000.00 OR $250 FOR FAILING TO WEAR A MASK WHEN REQUIRED AFTER FIRST_ RECEIVING A WARNING: WHEREAS, a novel coronavirus (COVID-19) has been recognized globally as a contagious respiratory virus; and WHEREAS, COVID: -1.9 continues to spread and to- pose an increasing, imminent threat of disaster throughout City of Plainview and beyond; and . WHEREAS, on Marsh 19, 2020, pursuant to the authority provided him -by Texas Government Code § 418.1,08, 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. R20-470 on March 24, 2020, Resolution No. R20=471- on April.14,.2020, Resolution No. R20-477 on May-.7., 2020, Resolution No. R20-478 on May 20, 2020 and Resolution No. R20-482 on June 9, 2020; and WHEREAS,- on June 26, 2020, the Governor of the State of Texas issued Executive. Order GA-28, superseding Executive Order GA-26,. expanding the reopening of businesses and services throughout most of Texas; and - WHEREAS, on June 26, 2020, :pursuant to the authority granted to the Mayor- by Resolution No. R20-482, -the Mayor adopted Executive. Order GA-28, expanding the reopening of::businesses and services throughout the -.City of Plainview; and WHEREAS, on July 2, 2020, the Governor of the State of Texas issued Executive Order GA-29 and amended Executive Order GA-28, that, among other things- required the wearing of face masks under certain circumstances and further limiting the size of groups who are not part of the immediate household in order. to further contain the. spread of COVID=19; and WHEREAS, on July 10, 2020, the Governor of the State of Texas renewed his state-wide disaster proclamation for an additional thirty (30) days, certifying that-COVID- 19- poses an imminent threat of disaster for all counties in the State -of Texas; and WHEREAS, the City Council of the City of Plainview, ih,.response to the issuance of Executive.. Order GA-26 and the continued spread of COVID-19, found it necessary to Resolution R20-486 Page 1 of 4 42 continue the extension of the Declaration- of Local Disaster:, and adopt certain measures extending the re -opening retail businesses under certain terms and conditions, approved via Resolution -No. 20-482 on June % 2020 to help further contain COVID-19 and prevent its spread throughout the City of Plainview; and WHEREAS, the Declaration of. Local Disaster extended in Resolution 'No. R20-482 is set to expire at 11:59 p.m., Tuesday, July 14, 2020; and WHEREAS, the State of Texas and Hale County .continue to have increased numbers of individuals testing positive for COVID-19 and due to evolving circumstances and the issuance of Executive Order GA-28, as amended, and Executive Order GA-29 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 must to taken to further contain COVID-19 :and prevent its spread throughout the City of Plainview and .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-28, as amended and Executive Order GA-29, are hereby adopted by reference and are incorporated herein as though set forth fully herein. Additionally, the guidelines and recommendations provided by the Governor in :conjunction with issuing Executive Order GA-28 and .GA-29, 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 Orders GA-28, as -amended and GA=29 are attached hereto. and incorporated. herein as though set forth fully herein. 3. 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, Resolution No. R20-477 on May 7, 2020, Resolution No. R20- 478 on May 2G, 2020 and Resolution No. R20-482 on June 9, 2020 remains in full force: and:.effect and is continued. to the extent it does not directly conflict with this :Resolution. 4. THAT any outdoor gathering in excess of ten (10) people, other than those - specifically exempted. by Executive Order GA-28, is prohibited unless first approved by the :Mayor: Further, the Mayor is hereby authorized to set forth conditions,, policies and procedures for any gathering in excess of ten (10): people consistent.with the Governor's Executive Order GA-28. Resolution R20-486 Page 2 of 4 43 L 5. THAT pursuant to §418.108(c) of the Texas Government Code, this resolution shall be given prompt and general publicity -and shall be filed promptly with the City Secretary of 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, However.,, in accordance with. Executive Order GA- 29, after first receiving -a. verbal or written warning for a first-time violator for:failing,to wear a face covering in violation of Executive Order GA-29, any person failing to wear a face covering in violation: of Executive Order GA-29 -commits an offense punishable by a fine up to $250 per violation. 7. THAT'this resolution and order shall go into effect immediately upon passage and continue until 11.:59 p.m., Tuesday, August 11., 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 actions 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 .arid 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 resolution conflicts with the Governor's. Executive Order GA-29 or GA-28, as amended, Executive Order:GA-29 and GA-28: controls and the Mayor may comport and amend this resolution and order and any .subsequent order to be consistent with Executive Order GA-29 and GA-28. 11. THAT the Mayor is authorized to use all available resources of the City. of Plainview reason ab ly:n ecessa ry to comply with this resolution.. Resolution R207486 Page-3,of 4 Approved by the City Council this the 14th day of July, 2020. CITY OF PLAINVIEW, TEXAS Wendell Dunlap, Mayor ATTEST: Belinda Hinojosa, Ci Secretary 1 1 Resolution R20-486 Page 4 of 4 1 1 June 26, N26 The honorable Ruth R. Hughs Secretary of State State Capitol Roorh"IE.8 Austin, Texas 78701 Dear Secretary Hughs: Exhibit to.Resolution R20-486 SATE Op c� T N � COt'ERI104 GOVERNOR GREG ABBOTT FILED IN THE OFFICE OF THE SECRETARY OF STATE '01454►W'CLOCK A�fS Secrta Pursuant to his powers: as Governor of the State of Texas, Greg Abbotthas issued the following: Executive Order No. GA-28 relating to the targeted response to the COVID-19 disaster as partof the reopening of Texas. The original executive order is attached to this letter Of transmittal. GSD/gsd Attachment 3ovemor POST OFFICE BOX 12428 AusiIN, TEkAS 78711512-463-2bo0 (VOICE) DIAL 7-1-1 FOR RELAY SERVICES Exhibitto Resolution R20-486 Page 5 xrruffin Qhbrr ,BY THE GOVERNOR OF THE:STATE OF TEXAS Executive Department Austin, Texas June 26, 2020 EXECUTIVE ORDER GA 28 Relating to the targeted response to the COVID49 disaster as. part of the reopening of Texas. WHEREAS, I, Greg Abbott, Governor of Texas, issued a disaster proclamation- on March 131 2020; certifying under Section 418.014 of the Texas Government Code that the novel, coronavirus (COVID719) poses an imminent threat of disaster for:all counties in the State of Texas; and WHEREAS, in each subsequent month effective through today, I have renewed the disaster declaration for all Texas counties; and WHEREAS, the Commissioner of.the Texas Department. of State Health Services (DSHS), Dr. John Hellerstedt, has determined that COVID-19 continues to represent 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 GA-08 on March 19, 2020, mandating, certain social -distancing restrictioris.for Texans in accordance with guidelines promulgated by President Donald J. Trump and the Centers: for Disease Control and Prevention (CDC); and WHEREAS, I issued Executive Order GA-14 on March 31, 2020, expanding the social - distancing: restrictions for Texans based on guidance from health.experts and the President; and WHEREAS, I subsequently issued Executive Orders GA- I6:GA-18, GA-2I, GA-23, and GA-26 from April through early June 2020, aiming to achieve the least restrictive means of combatting the threat to public health by continuing certain social -distancing restrictions; while implementing a safe, strategic plan to Open Texas; and WHEREAS, as Texas reopens in the midst of COVID-19, increased spread is to be expected, and the key to controlling the spread and keeping Texas residents safe is for all: Texans to consistently follow good hygiene and social -distancing practices, especially those set forth in the minimum standard health protocols from DSHS; and WHEREAS; due to recent substantial increases in COVID-19 positive cases, and increases in the COVID-19 positivity rate and hospitalizations resulting from COVID- 19, targeted and temporary adjustments to the reopening plan are needed to.achieve the FILED IN THE OFFICE OF THE :SEC.RETARY OF STATE : V5A" O'CLOCK JUN 2 6 2620 Exhibit to Resolution R20-086 Page 6 Governor Greg Abbott Executive Order GA-28 June 26, 2020 Page 2 least restrictive means for reducing the growing spread of COVID-19 and the resulting - imminent threat to public health; and to avoid a need for more extreme measures; and WHEREAS, everyone must act safely, andto that end, this executiveorder and prior executive orders provide that all persons should follow the health protocols from 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, the "governor is responsible for meeting ..... ihe.dangers to the: state and. people: presented by disasters" under Section 419:011 of the Texas Government Code, and the legislature has given the governor broad authority to fulfill .that responsibility; and WHEREAS, failure to comply with any executive order issued during the COVID-19 disaster is an offense punishable under Section:418.173 by a 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; and in accordance..with guidance from DSHS Commissioner Dr. Hellersted[ and other medical advisors, the Governor's Strike Force to Open Texas, the White -House, and the CDC, do hereby order the following on a statewide basis effective -at noon on June 26;:2020E Every business establishment in Texas shall operate at no more than -50 percent of the total listed occupancy of the establishment; provided, however. that: There is no occupancy limit for the following:, a. any services listed'by the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency (CISA) in its Guidance On the Essential Critical Infrastructure Workforce, Version 3.l or any subsequent version; b. religious services, including those conductedin churches, congregations, and ,houses of worship; c. local government operations, including county and municipal governmental: operations relating to licensing (including marriage - licenses), permitting, recordation, and document -filing services, as determined -by the local government; d. child-care 'services; e. youth camps; including.but not limited to 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; and f. recreational sports programs for youths and adults; 2. Except as provided:below by paragraph number 5, this.50 percent occupancy limit does not apply to outdoor areas, events; or establishments, except. that the following.outdoor areas or outdoor venues -shall operate at no more than 50 percent -of the normal operating:limits -As determined by the owner a. professional, collegiate, or similar sporting events; b. swimming pools;: c. water parks; d. museums and libraries; e. zoos, aquariums, natural caverns, and similar facilities, and FILED IN THE OFFICE OF THE SECRETARY OF STATE BL45A, O'CLOCK JUN 2 6 2020 Exhibit to Resolution R20-488 Page 7 Governor Greg Abbott Executive Order GA-28 June 26, 2020 Page 3 f. .rodeos and equestrian events; 3. This 50 percent occupancy limit does not apply to the following establishments that operate with at least six feet of social distancing between work stations: a. .cosmetology salons, hair salons, barber shops, nail salons/shops, and other :establishments where licensed cosmetologists or barbers practice their trade; b. 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; and c. other, personal -care and beauty services such as tanning salons, tattoo studios, piercing: studios, hair removal: services, and hair loss treatment and. growth services; 4. Amusement parks shall operate at no more than 50 percent of the normal operating limits as determined by the owner; 5. For any outdoor gathering in excess of 100 people, other than those set forth above in paragraph numbers 1, 2, or 4, the gathering is prohibited unless the mayor of the city in which the gathering is held, or the county judge in the case of a gathering in an unincorporated area, approves of the gathering, and such: approval can be made subject to certain conditions or restrictions not inconsistent with this executive order; 6. For dine=in services by restaurants that have less than 51;percent of their gross receipts from the sale of alcoholic beverages, the occupancy limit shall remain at 75 percent until 12t01 a.m. on June 29, 2020, at which time such restaurants may only.operate at up to 50 percent of the total listed occupancy of the restaurant, subject to paragraph number 9-below; 7. People shall not visit bars or similar establishments that hold a permit from the Texas Alcoholic Beverage Commission (TABC) and are not restaurants as defined above in paragraph number 6; provided, however; that the use by such bars or similar establishments of-drive-thru, pickup, or delivery options for food and drinks is allowed to the extent authorized by TABC; 8. People shall not use commercial rafting or tubing services, including rental of rafts or tubes and transportation of people. for the purpose of rafting or tubing; 9. For any business establishment that is subject to a 50 percent"total listed occupancy" limit or "normal operating limit;" and that is in a county that filed with DSHS, and is in compliance with, the requisite attestation form promulgated by DSHS regarding. minimal cases of COVID-19, the.business establishment may operate at up to 75 percent of the total listed occupancy or normal operating limit of the establishment; 10. For purposes of this executive order, facilities with retractable roofs are considered indoor facilities, whether the roof is opened or closed; 11 Staff members are not included in determining operating levels, except for manufacturing services and office workers; 12.. Except as provided in this executive order or in the minimum standard health protocols recommended by DSHS, found at www.dshs.texas.gov/coronavirus, people should. not be in groups larger than ten and should maintain six feet of social distancing from those:not in their group; 13. People over the age of 65 are strongly encouraged to stay 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 FILED IN THE OFFICE OF THE SECRETARY OF STATE 9,. 45A++ :O'CLOCK JUN 2 6 2020. Exhibit to Resolution R20-086 Page 8 Governor Greg Abbott Executive Order GA-28 June 26, 2020 Page 4 home, to'irnplement social distancing and to practice good hygiene, -environmental cleanliness,. and sanitation; 14. In providing or obtaining services, every person (including individuals, businesses, and:other legal entities) should use good -faith efforts and available resources to follow the minimum- standard health protocols recommended by DSHS; 15..Nothing in this executive. order or the DSHS minimum, standards precludes requiring: a customer to follow additional1ygiene measures when obtaining services. 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; 16. People shall not visit nursing homes, state. supported living centers, assisted living'facilities, or long-term care facilities unless 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 HHSC, including minimizing the movement of staff between :facilities whenever. possible;. and 17. For the remainder of the 2019-2020 school year; public schools may resume operations for.the summer as provided by, and under the:minimum:standard health protocols found in, guidance issued'by the Texas Education Agency (TEA). Private schools and institutions of higher education are encouraged to establish similar standards. Notwithstanding anything herein to the contrary, schools may conduct graduation ceremonies consistent with the minimum standard.health protocols found in guidance issued by TEA. Notwithstanding anything herein to the contrary,. the governor may by proclamation add.to the list of establishments or venues that people shall not visit. This executive order shall supersede any conflicting order issued'by local officials in.response to the COVID-1.9 disaster, but only to the.extent that such a local order restricts services allowed by this executive order; allows gatherings prohibited by this executive order, or expands the list or scope of services as set forth in this executive order. Pursuant to Section 418.016(a) of the Texas:Government Code, I hereby,suspend Sections 4:18.10.15(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 off cials do not impose restriction's 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 thatare consistent with, this executive order. All existing state executive orders relating:to COVID-19 are amended to eliminate confinementIn jail as an available penalty for violating the executive orders. 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-19 disaster. This executive order supersedes Executive Order GA-26,, but does not supersede Executive Orders, GA-10, GA-13, GA-17, GA-19, GA-24, 'GA-25, or GA-27. This FILED IN THE OFFICE OF THE SECRETARY OF STATE O'CLOCK JUN 2 6 2020 Exhibit to Resolution R20A86 Page 9 Governor Greg Abbott June 26, 2020 Executive Order GA-28 Page 5 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:26th day of June, 2020. GREG AB OTT Governor ATTE BY: UTH R. HUGHS Secretary of State FILED IN THE OFFICE.OF THE SECT�ARY OF STATE %* 45Avh O'CLOCK JUN 2 6 :2020 Exhibit.to Resolution R20-4 6 Page 10 1 July 2; 2020 The Honorable Ruth R. Hughs .Secretary of State State Capitol Room 1E.8 .Austin, Texas 78701 Dear:Secretary. Hughs: EXHIBIT. TO RESOLUTION R20-486 E OF T x �a H y C01'ER11O4 GOVERNOR GREG ABBOTT FILED IN THE OFFICE OF THE SECRETARY OF STATE O'CLOCK 4* Secretary of State Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following: Executive Order No. GA-29 relating to the use of face coverings during the COVID=19 disaster. The original executive order is attached to this letter of transmittal. submitted, Sow E ecutive lerk to:the Governor GSDIgsd: Attachment POST OFFICE Box 12428 AUSTIN, Texas 78711512-463-2606 (Voice) DIAL 7-1-1 FOR RELAY SERvicEs Exhibit to Resolution k26-486 Page 11 ,Uxtruftar Mrbrr BY THE GOVERNOR OF THE STATE OF TEXAS Executive Department Austin, Texas July.2, 2020 EXECUTIVE ORDER GA 29 Relating to the use of face coverings during the COVID-19 disaster. WHEREAS, I, Greg Abbott, Governor of Texas, issued a disaster pi•oclamation: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, in each subsequent month effective through today, I have renewed the disaster declaration for all Texas counties; and WHEREAS; the Commissioner of the Texas Department of State Health Services (DSHS),.Dr. John Hellerstedt, has determined that:COVID-19 continues to represent 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 using the least restrictive means available to protect the health and safety of Texans and ensure an effective response to this disaster; and WHEREAS, as Texas reopens in the midst of COVID-19, increased spread is to be expected, and the key to controlling the spread and keeping Texans safe is for all.people to consistently follow good hygiene and social -distancing practices; and WHEREAS; due to recent substantial increases in COVID-19 positive cases, and increases in the COVID49 positivity rate and hospitalizations resulting from COVID- 19, further measures are needed to achieve the least restrictive means for reducing the growing spread of COVID-19, and to.avoid a need for more extreme.measures; and WHEREAS, I have joined the medical experts in consistently encouraging people to use face coverings, and health authorities have repeatedly emphasized that wearing face coverings is one of the most important and effective tools for reducing the spread of COVID-19; and WHEREAS, given the current status of COVID-19 in Texas, requiring the use of face coverings is a targeted response that can combat the threat to public health:using the: least restrictive means, and if people follow this requirement, more extreme measures may be avoided; and - WHEREAS, wearing a face.covering is importantnot:only to protect oneself, but aIs& to avoid unknowingly harming fellow Texans; especially given that many people who go into public may have COVID-19 without knowing it because they have:no symptoms; and FILED IN tHE OFFICE OF THE SECRETARY OF STATE 2 aoe" O'CLOCK JUL 0 2 2020 Exhibit to Resolution R20-486 Page 12 Governor Greg Abbott- Executive Order GA-29 July 2, 2020 Page 2 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, failure to comply with any executive order issued during the COV1D-19 disaster.is an offense punishable under Section 418.1:73 by fine; 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 at 12:01 p.m.. on July 3, 2020: Every person in Texas shall wear a face covering over the nose and mouth when inside a cohimercial entity or other building or space open to the public, or when in an outdoor publiaspace; wherever it is not feasible to maintain six feet of social distancing from another person not in the same household; provided, however, that this 7 face -covering red iireinent does not -apply to the following: 1. any person younger than 10 years -of age; 2: any person with a medical condition or disability that prevents wearing a face covering; 3. any person while the person is consuming food or drink, or is seated at a restaurant to eat. or drink; 4. any person while the person is (a) exercising outdoors or engaging in physical activity outdoors, and (b) maintaining a safe distance from. other people not in the: same: household; 5. any person while the person is driving alone or with passengers who are Part of the same household as the driver; 6. any person obtaining a service that requires temporary removal of the .face covering for security surveillance, screening, or a need for specific access to the face, such as while visiting a -bank or while obtaining a personal - care service involving the face, but only tothe extent necessary for the - temporary removal; 7. any person while the personis in a swimming pool, lake, or similar body of water; 8. any person .who 'is voting, assisting a.voter, serving.as a poll watcher, or actively administering an election, but wearing a face covering is strongly encouraged; 9. any person who is actively providing or obtaining access to religious worship, but wearing a face covering is strongly encouraged; ,10. any person while the person is giving a speech -for a broadcast of audience; or 11. any person in a county (a) that meets the requisite criteria promp FIYSECRETARY OF STATE HE 2:5_0 fvs, O'CLOCK JUL 0 2 2020 Exhibit to Resolution R26-486 Page i3 Governor Greg Abbott. July 2, 2020 Execudve Order GA-29 Page 3 the Texas. Division of Emergency Management (TDEM) regarding minimal cases:of COVID-19, and (b) whose county judge has affirmatively opted -out of this face -covering requirement by filing with TDEMAe required face -covering attestation form —provided, however, that wearing a face covering is highly recommended-, and every county is strongly encouraged to follow these face -covering standards. Not excepted from this face -covering requirement is any -person attending a protest or demonstration involving more than 10 people and who is not practicing safe social'distancing of six feet from other people not in the same household. TDEM shall maintain on its website a list of counties that are not subject to this face -covering requirement pursuant to paragraph number 11. The list can be found at: www.tdem.texas.gov/ga29. Following a verbal or written warning for a first-time violator of this face - covering requirement, a person's second: violation shall be punishable.by a fine not to exceed $250. Each subsequent violation shall be punishable by a fine not to exceed $250 per violation. Local law enforcement and other local officials, as appropriate, can and should enforce:this executive order, Executive Order GA-28, and other effective executive orders, as well as local restrictions that are consistent with this executive order and other effective executive orders. But no law enforcement or other official may detain, arrest, or confine in jail. any person for a violation of this executive order or for related non -.violent -,.non -felony offenses ihat-are predicated on a violation of this executive order-, provided, however, that any official with authority to enforce this executive order may act to enforce trespassing laws and remove violators at the request of a business establishment or other property owner. This executive order hereby prohibits confinement in.jail .as a penalty for the violation of any face -covering order by any jurisdiction. Executive Order GA-28 is hereby amended to delete from paragraph. number 15 the phrase: `.,.but no jurisdiction can impose a civil or criminal -penalty for failure to: wear a face covering:" The governor may by proclamation amend •this executive order or add to the list of people to whom this face -covering requirement does not apply. This executive order does not supersede Executive Orders GA-10, GA-13; GA-17, GA- 19, GA-24, GA-25, GA-27, or GA-28 as amended. This executive order shall remain in effect and in :full force until modified, amended, rescinded, or superseded by the governor. FILED IN THE OFFICE OF THE SECRETARY OF STATE' 2V M e" O'CLOCK JUL 0 2 1010 Exhibit to Resolution R26-486 Page 14 1 1 Governor Greg Abbott July 2, 2020 ATTES BY: A*V4­-*1,__ UTH R.. HUGHS Secretary of State Executive Order GA-29 Page 4 Givenunder my hand this the 2nd day of July, 2020. GREG A BOTT Governor FILED IN THE OFFICE OF THE SECRETARY OF STATE 2.Sbfo O'CLOCK JUL 0 2:2020, Exhibit to Resolution AF 0-486 Page 15