Texas continues to gradually reopen for business as the COVID-19 pandemic in most of the State stabilizes and in the major metropolitan areas, decreases.  Governor Abbott’s recent Executive Order regarding COVID-19, GA-30, issued on September 17, 2020, and the Minimum Standard Health Protocols for Bars or Similar Establishments, issued on October 7, 2020, reflect those realities.

Under Executive Order GA-30, there are no occupancy limits for any services listed by the US Department of Homeland Security’s Cybersecurity and Infrastructure Workforce (CISA), which as defined in earlier Executive Orders includes commercial and residential construction.  Similarly, there are no occupancy limits for local government operations, public or private schools, child-care programs, and religious services.  GA-30 contains a list of 8 establishments no longer subject to occupancy restrictions.

For all other establishments, one of two occupancy limits apply, 50% or 75%, effective September 17^th.  Except in “areas with high hospitalizations” as defined by the Texas Department of  State Health Services (DSHS), non-CISA retail establishments, office buildings, and manufacturers, and gyms may operate at up to 75% total listed capacity of the establishment.  In “areas with high hospitalizations” or for establishments not included in the 100% or 75% occupancy lists in Executive Order GA-30, the occupancy cannot exceed 50% the total listed occupancy for the establishment.

“Areas with high hospitalizations” is defined as a Trauma Service Area that has had 7 consecutive days in which the number of COVID-19 hospitalized patients as a percentage of all hospitalized patients exceed 15%.  The DSHS maintains a list of those areas on its website at www.dshs.texas.gov/ga3031. At the time of this article, three areas, designated as M, S and T, as shown on the map below, are “areas with high hospitalizations”.  As a point of reference, Dallas is in Area E, Austin is in Area O, San Antonio is in Area P, and Houston is in Area Q.

Bars and similar establishments are accorded special and different treatment.  Bars may service up to 50% of the stated occupancy limit indoors, with no occupancy limit outdoors, provided the County Judge for the county in which the bar is located “opts in” with the Texas Alcoholic Beverage Commission.  If the Judge does not opt-in, presumably the bars in that county would remain closed.

The attorneys in our Austin and Dallas offices are available to answer any questions you may have regarding Executive Order GA-30, the Minimum Standard Health Protocols for Bars or Similar Establishments, or any of the COVID-19 related orders.

Legal Disclaimers

This blog is made available by Gerstle Snelson, LLP for educational purposes and to provide general information about the law, only.  Neither this document nor the information contained in it is intended to constitute legal advice on any specific matter or of a general nature.  Use of the blog does not create an attorney-client relationship with Gerstle Snelson, LLP where one does not already exist with the firm.  This blog should not be used a substitute for competent legal advice from a licensed attorney.

©Gerstle Snelson, LLP 2020.  All rights reserved.  Any unauthorized reprint or use of this material is prohibited.  No part of this blog may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system without the express written permission of Gerstle Snelson, LLP.