On April 27, 2020 Governor Abbott issued his Executive Order GA-18 relating to the expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the COVID- 19 disaster. Under GA-18 and the accompanying expansive guidelines in The Governor’s Report to Open Texas, the Texas Stay at Home Order is set to expire at 11:59 p.m. on April 30, 2020. Notably, and to provide uniformity given all the varying local differences between scope of ongoing stay-at-home-orders, GA-18 supersedes 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 essential services or reopened services allowed by this executive order, allows gatherings prohibited by this executive order, or expands the list of essential services or the list or scope of reopened services as set forth in this executive order.

In light of GA-18, starting at 12:01a.m. on Friday, May 1 and continuing until May 15, Phase 1 of the plan to Open Texas takes effect. In order to help our Texas clients and contacts better understand the changes outlined in GA-18 and the Report, the McCathern Coronavirus Legal Task Force has prepared the following summary of which businesses can open with or without limitations, what those limitations are, which businesses are to remain closed, and the Texas Department of Health and Human Services’ (Texas HHS) recommended protocols for operating a Texas business during the continuing COVID-19 threat.

Businesses Able to Operate without Limitations

In addition to the “Essential services” listed by the U.S. Department of Homeland Security (DHS) in its Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 or any subsequent version, GA-18 also includes religious services conducted in churches, congregations, and houses of worship. However, religious services should be conducted in accordance with the joint guidance issued and updated by Attorney General Ken Paxton and Governor Abbott.

Other essential services may be added to this list with the approval of the Texas Division of Emergency Management (TDEM), which can be tracked on the TDEM website at this page.

Businesses Able to Operate with Limitations

GA-18 allows for “Reopened services” to resume business operations on May 1, 2020 at their discretion. In addition to ongoing “retail to go” and restaurant delivery/drive-thru/take-out, the following businesses may operate at up to 25% of the total listed occupancy of the establishment:

For Texas counties with five or fewer cases of COVID-19, those in-store retail services, dine-in restaurant services, movie theaters, shopping malls, and museums and libraries, as otherwise defined and limited above, may operate at up to 50 percent (as opposed to 25 percent) of the total listed occupancy.

Businesses That Shall Remain Closed

Notably, GA-18 does not prohibit people from accessing essential or reopened services or engaging in essential daily activities, such as going to the grocery store or gas station, providing or obtaining other essential or reopened services, visiting parks, hunting or fishing, or engaging 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.

Texas HHS’ Recommended Protocol for ALL Employers

Texas HHS’ Recommended Protocol for Business Facilities

In addition to the above recommendations for all Employers, the following protocols are recommended for all business facilities:

Texas HHS’ Recommended Protocol for Restaurant Operations

In addition to the above recommendations, the following protocols are recommended for all restaurant operations:

For further information, the Texas Restaurant Association (TRA) has additional resources and guidance in its “Texas Restaurant Promise” materials, which can be accessed on their site here.

Texas HHS’ Recommended Protocol for Retailers

In addition to the above recommendations for all Employers regarding their Employees and Business Facilities, the following protocols are recommended for retailers:

Additional Resources

In Conclusion

As Phase 1 of GA-18 only lasts thru May 15, 2020, McCathern will continue to track all legislature and governmental actions related to the Covid-19 outbreak so that we can best assist our business partners through this challenging and dynamic situation. The McCathern Coronavirus Task Force will continue to provide appropriate updates, but please don’t hesitate to contact us should you have any further questions about this or any other legal matter on which our attorneys may be able to provide assistance.