Texas Update: Governor Abbott Issues Social Distancing Guidelines; Stops Short of Issuing a Statewide Shelter In Place Order

Seyfarth Synopsis:  In his most recent Executive Order, Governor Greg Abbott has stopped short of issuing a state wide stay-at-home order for Texas.  He does, however, encourage all Texas residents to work from home if possible and to minimize social gatherings and in-person contact with people outside their household, with exceptions for essential businesses.  This Order does not supplant the sweeping directives issued in various counties and cities across the state closing most businesses and requiring residents to stay at home to limit the spread of the virus that causes COVID-19, many of which are being extended through the end of April.  Abbott’s social distancing order is effective April 2 and continues until April 30, 2020. 

State of the State

On April 1, 2020,  the Texas Department of Health and Human Services reported that 135 of the 254 counties in Texas have confirmed cases of COVID-19.  This website updates every day at noon.  As those numbers grow exponentially  across Texas and neighboring states, Governor Abbott has implemented additional measures to limit the spread of the novel corona virus that causes COVID-19, including extending social distancing protocols and  mandatory self-quarantine for travelers from certain states and cities.

Social Distancing Order

On March 31, 2020, Gov. Abbott issued an Executive Order implementing Essential Services and Activities Protocols.  The protocols renew the Governor’s directive to minimize social gatherings and minimize in-person contact with people who are not in the same household, except where necessary to provide or obtain essential services or participate in essential daily activities.

• The Order defines “essential services” consistent with U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce.  In addition, it includes religious services conducted in churches, congregations, and houses of worship in its definition of essential services. 
• It defines “essential daily activities” as going to the grocery store or gas station, providing or obtaining other essential services, visiting parks, hunting or fishing, or engaging in physical activity like jogging or bicycling, so long as the necessary social distancing precautions are maintained.

The Order also encourages working remotely to the extent possible, encourages residents to engage in other forms of social distancing including without limitation:  avoiding gyms or massage establishments, tattoo studios, piercing studios, and cosmetology salons.  It also asks residents to avoid eating or drinking at bars, restaurants, and food courts and explains that use of drive-thru, pickup, and delivery options are allowed and highly encouraged.

The Order extends these social distancing measures through April 30, 2020.  In addition, schools shall remain closed to in-person classroom attendance and shall not recommence before May 4, 2020.

A failure to comply with this order is punishable by fine (not to exceed $1,000) and/or jail term (not to exceed 180 days).

The Order supersedes Governor Abbott’s March 19, 2020 Executive Order found here.

Travel Restrictions

Texas Governor Abbott issued a Self-Quarantine Order for travelers returning from New York, New Jersey, Connecticut, or the City of New Orleans, Louisiana to self-quarantine for 14 days (or the duration of stay in Texas, if shorter).  Governor Abbott subsequently issued a proclamation, expanding travel restrictions to include California, Louisiana, Washington, Atlanta, Georgia, Chicago, Illinois, Detroit, Michigan, and Miami, Florida.

In addition, Governor Abbott issued a Roadway Screening and Self-Quarantine Order requiring  travelers who enter the State of Texas through roadways from Louisiana to self-quarantine for 14 days (or the duration of stay in Texas, if shorter).

A failure to comply with these orders and proclamations are punishable by fine (not to exceed $1,000) and/or jail term (not to exceed 180 days).

Hospital Capacity

Governor Abbott further ordered that effective March 22, 2020 through 11:59 p.m. on April 21, 2020, all surgeries and procedures that are not immediately medically necessary be postponed.  The Order clarifies that the prohibition will not apply to any procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete the hospital capacity or the personal protective equipment needed to address the COVID-19 pandemic.

Impact on Employers

In Governor Abbott’s social distancing Order, he stops short of requiring any business to close or issuing a stay home or stay safe order like several cities and counties in Texas have done. These cities and counties have issued more restrictive orders, shuttered bars and restaurants, and mandated social distancing protocols rather than just suggest that citizens minimize social gatherings and in-person contact.  Governor Abbott permits these counties and cities to enforce their more restrictive Orders.

Whether you operate an essential or non-essential business, the statewide and local orders have significant implications for all employers. Therefore, businesses with employees in Texas should be thinking about how they will address business closures and travel restrictions, and how they manage the health and safety of employees who continue to work through the pandemic. Employers with employees who will be traveling to and from work as permitted by the various city and county orders should provide employees with a letter that verifies the employee is traveling to/from work for an Essential Business or to provide Minimum Basic Operations in the event they are stopped.

We will continue to monitor developments in Texas. We encourage employers with questions to reach out to Seyfarth’s deep bench of lawyers for advice.