After much criticism from conservative activists that he was moving too slowly to reopen the Texas economy, Governor Greg Abbott has finally unveiled his plan to do just that.
Governor Greg Abbott today announced the first phase of the State of Texas’ ongoing plan to safely and strategically open Texas while minimizing the spread of COVID-19. Under Phase I, certain services and activities are allowed to open with limited occupancy, and the Texas Department of State Health Services (DSHS) is issuing minimum standard health protocols for all businesses and individuals to follow. The Governor also outlined special guidance for Texans over 65 and detailed a comprehensive mitigation plan for nursing homes in Texas. The Governor also announced a statewide testing and tracing program developed by DSHS that will help public health officials quickly identify and test Texans who contract COVID-19 and mitigate further spread of the virus.
The Governor’s announcement is accompanied by Texans Helping Texans: The Governor’s Report to Open Texas. This detailed report, available on the strike force website, helps Texans understand phase one by outlining the new protocols, guidance, and recommendations. The report also includes a series of Open Texas Checklists that outline DSHS’ minimum standard health protocols for all Texans.
“This strategic approach to opening the state of Texas prioritizes the health and safety of our communities and follows the guidelines laid out by our team of medical experts,” said Governor Abbott. “Now more than ever, Texans must remain committed to safe distancing practices that reduce the spread of COVID-19, and we must continue to rely on doctors and data to provide us with the safest strategies to restore Texans’ livelihoods. We must also focus on protecting the most vulnerable Texans from exposure to COVID-19. If we remain focused on protecting the lives of our fellow Texans, we can continue to open the Lone Star State.”
By way of Executive Order (GA-18), all retail stores, restaurants, movie theaters, and malls are permitted to reopen on Friday, May 1. These services must limit their capacity to 25% of their listed occupancy. Within shopping malls, the food-court dining areas, play areas, and interactive displays and settings must remain closed.
All museums and libraries may open under the same 25% occupancy limitation, but interactive areas of museums must remain closed. State libraries and museums will open by May 1, and local public museums and libraries may reopen only if permitted by the local government. Single-person offices may reopen as well.
Churches and places of worship remain open. Outdoor sports are allowed to resume so long as no more than four participants are playing together at one time. Certain social distancing practices must also be followed. Local government operations, including county and municipal government operations relating to permitting, recordation, and document-filing services, may reopen as determined by the local government.
DSHS has recommended minimum standard health protocols for all individuals, all employers and employees, as well as industry-specific protocols for retailers, retail customers, restaurants, restaurant patrons, movie theaters, movie theater customers, museums and libraries, museum and library visitors, outdoor sports participants, single-person offices, and low COVID-19 counties. These protocols are outlined in the Open Texas Checklists within the Governor’s report beginning on page 20.
Essential services such as farmers and ranchers, grocery and drug stores, banks, and gas stations will continue to operate. Public swimming pools, bars, gyms, cosmetology salons, massage establishments, interactive amusement venues, such as bowling alleys and video arcades, and tattoo and piercing studios will remain closed through Phase I. Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities must remain closed to visitors unless to provide critical assistance.
The Governor also established increased occupancy protocols for certain counties with five or fewer laboratory confirmed cases of COVID-19. Those counties may, on an individualized basis, increase occupancy limits to up to 50% for restaurants, retail, shopping malls, museums and libraries, and movie theaters if they meet certain criteria. The county judge must certify and affirm to DSHS that the following standards have been investigated and confirmed to be met:
- The county had five or fewer COVID-19 laboratory confirmed cases on April 30, 2020 or, at a later date, five or fewer active COVID-19 cases as verified by DSHS.
- The county has created a list of testing opportunities in the county or the area.
- The county has been in contact with its designated regional advisory council to ensure the community is prepared for any needed health care transfers.
- The county has provided public notice to the residents of the county, including: Signs and symptoms of COVID-19: Recommended health and safety protocols in line with CDC guidance; Information regarding how residents can get tested in the area; A link to the DSHS website where residents can go to learn about community spread in nearby communities, in order to help county residents understand their risk to exposure if they travel regularly outside of the county.
- The county has contacted each of the following types of facilities located in the county to ensure they are complying with Texas Health and Human Services (HHSC) and the Centers for Disease Control and Prevention (CDC) guidelines regarding COVID-19: Nursing homes; Assisted living facilities; Industrial, agricultural, or business facilities with a significant number of employees; and City or county jails.
- The county is equipped and prepared to protect vulnerable populations, including nursing homes and assisted living facilities.
- The county has documented procedures to be activated if a resident becomes COVID-19 positive, including procedures to take appropriate measures as necessary in line with the plan to open Texas.
- The county has contacted DSHS in order to create a plan to ensure contact tracing will occur within 48 hours of a positive test reported to DSHS.
Phase I will begin Friday May 1 and continue until at least May 18. The Governor will continue to evaluate next steps for the state.
I like the fact that there’s some movement to reopen the economy, and that there’s finally a recognition that it’s stupid for Harris and Loving counties to be following the same rules. In fact, I’d prefer to see counties with no reported cases open up 100%.
What I dislike is the institutional hypocrisy of imposing rules that no one is going to enforce. Do you think police are going to go around calculating capacity? “Hey! This place is 27% full! You, get out!”
Outdoor sports with four people sounds like a pander to the golf set, although I suppose tennis, boxing and mixed martial arts would all qualify if it occurs outdoors, but five people playing Frisbee? Verboten!
The restaurant patron guidelines have all the power of Austin Powers saying “Oh, behave!”
I’m OK with continued nursing home guidelines.
I would like to see more bias toward freedom in these guidelines and less toward ass-covering, with lots of guidelines that seem to be there just so Abbott and company can say “I told them to do X!” if infection rates start rising again.
My guess is they won’t, based on the almost universal infection decline curve exhibited in various countries, and increasing evidence that sunlight/hard UV kills the virus. In fact, on that basis I’d like to see limited reopening of bars for outdoor service. Maybe in Phase 2?
Texas has the second-best recovery rate from infection of any state:
#Texas is second from the bottom, which means infection rates are falling second-fastest in the nation.
Time to #ReopenTexas https://t.co/D1ZW0q9YKr
— BattleSwarm (@BattleSwarmBlog) April 27, 2020
Our hospitals are not overwhelmed, so we have the capacity to handle an uptick in cases.
Based on those metrics, I would have liked to see more boldness from Gov. Abbott than shown here. Abbott’s advisory board seems to be looking at the early (inaccurate) models rather than latter data.
Still, an overly timid reopening is much better than no reopening at all…