Texas Update: Governor Abbott Issues Executive Order to Increase Hospital Capacity. Various Counties Issue or Consider “Stay Home Stay Safe” and Related Orders

At a press conference on Sunday afternoon, Governor Greg Abbott issued an executive order to postpone all elective surgeries to address a shortage of hospital beds, medical supplies and licensed personnel in Texas, and to prepare for the anticipated coming wave of coronavirus cases. [1]  He further announced a Supply Chain Task Force to respond to the growing needs of hospitals to combat the disease.  Meanwhile, counties across the State are taking additional measures to keep people at home and avoid contracting or spreading the infection.

The March 22 Order is specifically targeted to expanding hospital bed capacity. Under the March 22 Order, the Governor directed all hospitals to “postpone all surgeries and procedures that are not immediately, medically necessary to correct a serious medical condition or to preserve the life of a patient who without immediate performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient’s physician.”[2]  In addition, the Governor announced the creation of a Supply Chain Strike Force “tasked with guiding collaboration between the public and private sectors to ensure health care facilities have the supplies and resources they need to respond to COVID-19.”

Governor Abbott’s March 22 Order amends and supplements a previous order issued on March 19 and remains in place until 11:59, April 21, 2020.  The March 19 Order directed every person in Texas to avoid social gatherings of more than 10 people, and effectively closed all schools, bars, restaurants, and gyms.[3] Two days later, the Governor waived certain statutory regulations in order to fast track licensing for out of state medical professionals and which will permit retired nurses to return to active status and permit nursing students to practice.[4]

Governor Abbott has so far declined to issue a stay-at-home order, encouraging county, city, and other local officials to take more restrictive action. Within hours of the March 22 Order, however, Dallas County issued a “Stay Home Stay Safe” Order.  Under the Dallas County Order all Dallas County residents must say home except for and to operate essential businesses or to engage in essential activities.  “Essential  Activities” are defined to include medical care, trips to the grocery store, outdoor exercise (while maintaining social distancing) and any other event that is “essential” to health or safety. Under this directive, all public and private gatherings are banned and all businesses operating in Dallas County are required to close except those that are “Essential Businesses.” These “Essential Businesses” are defined to include health care operations, government functions, critical infrastructure, businesses that provide essential services or provide basic necessities to economically disadvantaged populations and certain retail operations, which includes, food service providers. Under this directive, restaurants may remain open, but for takeout only and all Essential Businesses are ordered to comply with certain social distancing guidelines. Childcare facilities are also exempted but only those that provide services that enable employees exempted from the order to work.[5]   

Various counties and cities in Texas have taken similar action, although none as expansive as the Dallas County Order.  For example, on March 16, 2020, Harris County Judge Hidalgo and Houston Mayor Sylvester Turner announced restaurant and bar closures with the exception of takeout, drive-through, and delivery. At a press conference this morning, Judge Hidalgo declined to issue a stay home stay safe order instead strongly encouraging Harris County residents to self-limit their activity. Neighboring counties have issued similar orders.

On March 17th and 20th Fort Bend County Judge George issued orders to ensure more social distancing which requires all restaurants and other establishments that serve food to close except for drive-through, and delivery.  All bars and nightclubs were also required to close as well as gyms or other athletic facilities, hair and nail salons, spas, massage and tattoo parlors, movie theaters, game rooms and bingo halls.[6] 

And on March 18th Montgomery County Judge Keough ordered the closure of all restaurants, except for takeout, delivery and catering services, and the closure of all  bars, clubs, gyms, movie theaters and amusement type businesses as the number of positive cases continued to rise, and reduced the hours of operation for other businesses. The Montgomery County order further urges  “[r]etail stores, private businesses, clubs or civic organizations and religious organizations to include churches, synagogues, mosques or other places of worship . . . to comply with the CDC guidelines related to 10 persons gathering in any one place or at one time.”[7] According to news sources, Bexar County is considering more comprehensive restrictions.[8]

As of this writing, approximately a dozen states and Puerto Rico have issued executive orders requiring residents to stay at home, except for workers in specifically enumerated essential/critical businesses or industry sectors.[9] 

 

[1] https://gov.texas.gov/news/post/governor-abbott-issues-executive-order-increasing-hospital-capacity-announces-supply-chain-strike-force-for-covid-19-response

[2] https://gov.texas.gov/uploads/files/press/EO-GA_09_COVID-19_hospital_capacity_IMAGE_03-22-2020.pdf

[3] https://gov.texas.gov/uploads/files/press/EO-GA_08_COVID-19_preparedness_and_mitigation_FINAL_03-19-2020_1.pdf

[4] https://gov.texas.gov/news/post/governor-abbott-takes-action-to-expand-nursing-workforce

[5]  https://www.dallascounty.org/Assets/uploads/docs/judge-jenkins/covid-19/03232020-AmendedOrder.pdf

[6] https://www.fortbendcountytx.gov/your-county/covid-19

[7] https://www.mctx.org/public_notices/corona_virus_information.php

[8] https://www.expressnews.com/news/local/article/Shelter-in-place-order-to-slow-coronavirus-15151183.php

[9] To view these orders and other related state issued executive orders, please see https://web.csg.org/covid19/executive-orders/