On Friday, June 26, 2020, Governor Abbott issued Executive Order GA 28 (“GA 28”) relating to the targeted response to the COVID-19 disaster as part of the reopening of Texas, which supersedes GA 26. In relation to occupancy limits GA 28 generally states that every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment but includes a restriction on outdoor gatherings in excess of 100 people.

Number 5 of GA 28 mandates, any outdoor gathering in excess of 100 people is prohibited unless the mayor of the city, or county judge, approves of the gathering, and such approval can be made subject to certain conditions or restrictions not inconsistent with other provisions of the Order.

Exemptions from the above provision include:

1. religious services, including those conducted in churches, congregations, and houses of worship;
2. local government operations, including county and municipal governmental operations relating to licensing (including marriage licenses), permitting, recordation, and document-filing services, as determined by the local government;
3. child-care services;
4. youth camps, including but not limited to those defined as such under Chapter 141 of the Texas Health and Safety Code, and including all summer camps and other daytime and overnight camps for youths;
5. recreational sports programs for youths and adults;
6. professional, collegiate, or similar sporting events;
7. swimming pools;
8. water parks;
9. museums and libraries;
10. zoos, aquariums, natural caverns, and similar facilities;
11. rodeos and equestrian events; and
12. Amusement parks shall operate at no more than 50 percent of the normal operating limits as determined by the owner.

Of course, participation in any of the above should incorporate certain health protocols from DSHS to help prevent the spread of COVID-19, which include, but are not limited to:

• Wash hands often for 20 seconds and encourage others to do the same.
• If no soap and water are available, use hand sanitizer with at least 60% alcohol.
• Cover coughs and sneezes with a tissue, then throw the tissue away.
• Avoid touching your eyes, nose, and mouth with unwashed hands.
• Disinfect surfaces, buttons, handles, knobs, and other places touched often.
• Social distancing.
• Using simple face coverings in public.

This order from Governor Abbott does not include an expiration date. As the restrictions continue to change, we will provide further updates through our blog.