How the world has changed since March 2020. An unseen virus, a global pandemic, high infection rates, hospitalizations, and death. We have previously reported in prior blogs the various county orders and their impact in the construction industry.

In an effort to address public safety specifically aimed at reducing the infection rate in El Paso County, El Paso County Judge Ricardo Samaniego signed Order No. 13, effective October 29, 2020. The stay-at-home Order expires on Wednesday November 11, 2020 and contains some of the most restrictive requirements of any recent emergency order in Texas, such as a curfew from 10 p.m. until 5 a.m. every day.

All non-essential businesses have been ordered to cease operations at every facility located in the County except for minimum basic operations as defined in the Order. Businesses subject to the Order include any for-profit, not-for-profit, or any education entities, regardless of the nature of the service, the function they perform or corporate or entity structure.

Exceptions include essential critical infrastructure, essential government functions and essential businesses. Notably, construction work is not defined as an essential business. Construction work that qualifies as “minimum basic operations” is all that is allowed to continue until the Order expires on November 11, 2020.

If infection rates, hospitalizations, and deaths increase across the State of Texas, El Paso Emergency Order No. 13 may set the example for other counties in the State to follow suit.   Stay tuned.  The attorneys in our Austin and Dallas offices are available to answer any questions you may have about the Order or COVID-19 restrictions on businesses imposed by other counties in Texas.

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