CORRECTED COPY - News: Order Regarding Face Masks and Mass Gatherings

CORRECTED COPY

The order below corrects a typographic error in the last sentence of paragraph 2, to properly read “do not apply to” as the text of Governor Abbott’s order and the remainder of the paragraph state.

This corrected order is effective immediately per the Texas Government Code, Chapter 418, Emergency Management. The order shall be given prompt and general publicity and shall be filed promptly with the County Clerk. Upon filing, a copy of the filed order shall be posted.

County of Nueces

BARBARA CANALES
County Judge
Nueces County Courthouse, Room 303
901 Leopard Street
Corpus Christi, Texas 78401-3697

Read the full document here:  Covid-Order-GA-29-Face Masks Gatherings.20-0702 (Corrected Copy)

ORDER BY NUECES COUNTY JUDGE 

(CORRECTED COPY - AMENDING ORDER OF JUNE 26, 2020 related to Mass Gatherings)

(corrects last sentence of paragraph 2 to read “do not apply to”)

WHEREAS, pursuant to Texas Government Code Section 418.108, Nueces County Judge Barbara Canales issued a Declaration of Local Disaster for Public Health Emergency on March 13, 2020, due to a novel coronavirus now designated SARS-CoV2 which causes the disease COVID-19; 

WHEREAS, on March 18, 2020, the Nueces County Commissioners Court issued an Extension of Declaration of Local Disaster for Public Health Emergency that affirmed the activation of the Nueces County Emergency Management Plan;

WHEREAS, the County Judge has issued several Orders since the extension of the Disaster Declaration under the authority of Section 418.108(g) of the Texas Government Code that authorizes the County Judge “to control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area;”

WHEREAS, the Governor of Texas, Greg Abbott, on June 26, 2020 issued Executive Order GA-28 relating to the reopening of Texas and superseding his previous Executive Order GA-26 and on July 2, 2020 he issued a proclamation amending a portion of Abbott’s Order as it relates to outdoor gatherings, such Executive Order GA-28 and proclamation herein “Abbott’s Order”;

WHEREAS, the Governor of Texas, Greg Abbott, on July 2, 2020 issued Executive Order GA-29 relating to the use of face coverings of Texas, which does not supersede Executive Order GA-28;

WHEREAS, the transmission of COVID-19 has not dissipated but remains a significant threat to the health and safety of the residents of Nueces County;

WHEREAS, the County Judge has determined that extraordinary emergency measures must be taken to try and mitigate the effects of this public health emergency and to facilitate a response to the public health threat;

WHEREAS, the on-going evaluation of circumstances related to the coronavirus, the updated recommendation of the Centers for Disease Control, and the Texas Department of State Health Services warrant this further Order by Nueces County Judge.    

NOW THEREFORE, UNDER THE AUTHORITY OF TEXAS GOVERNMENT CODE SECTION 418.108, NUECES COUNTY JUDGE ORDERS:

Effective July 3, 2020 at 12:01 p.m. and continuing until modified, amended, rescinded, or superseded by the County Judge:

1. Governor Greg Abbott’s Executive Order GA-29 is applicable to Nueces County, Texas without any further action.Recognizing Executive Order GA-29 and in an effort to so re-affirm it, Executive Order GA-29 is herein incorporated by reference as if set out word for word herein.
   
   
2. Pursuant to Abbott’s Order outdoor gatherings in excess of 10, except for those set out below, are prohibited unless otherwise approved by the mayor or county judge, as applicable.The Nueces County Judge upon consultation with the Nueces County Health Authority may grant permission for outdoor gatherings in the unincorporated areas of Nueces County in excess of 10 if it is demonstrated that protocols are in place to ensure the further spread of COVID-19, such as adequate social distancing.As per Abbott’s Order these restrictions on outdoor gatherings do not apply to:
   

   a.  Youth camps

   b.  Recreational sports programs for youths and adults

   c.  Professional, collegiate, or other similar sporting events;

   d.  Swimming pools;

   e.  Water parks;

   f.  Museums and libraries;

   g.  Zoos, aquariums, natural caverns, and similar facilities;

   h.  Rodeos and equestrian events;

   i.  Amusement parks;

   j.  Child-care services; and

   k.  Other outdoor gatherings pursuant to services listed by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, religious services, and local government operations, each as further described in Abbott’s Order.

3. The County of Nueces must promptly provide copies of this Order by posting on the Nueces County website.In addition, the owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and to provide a copy to any member of the public asking for a copy.  If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Order. 
   
   
4. Any peace office or other person with lawful authority is hereby authorized to enforce the provisions of this Order in accordance with the authority granted under the Texas Disaster Act of 1975 and the Nueces County Emergency Management Plan and in accordance with the limitations contained in the executive orders of the Texas Governor.
   
   
5. This Order partially amends the County Judge’s Order of June 26, 2020.
   
   
6. This Order of County Judge Barbara Canales applies to all incorporated and unincorporated areas of Nueces County. To the extent of a conflict between decisions of Nueces County Judge Barbara Canales and a mayor of any city within the geographic boundaries of Nueces County, the decisions set forth in this Order prevail (to the fullest extent allowed by law pursuant to Texas Government Code Section 418.108(h)).

Date: 7/4/2020

BARBARA CANALES

Nueces County Judge