County Judge Issues New COVID-19 Order, Makes Masks Mandatory

Consistent with Executive Order GA-26 issued by Governor Greg Abbott, no civil or criminal penalty will be imposed on individuals for failure to wear a face covering.

PLEASE NOTE…
Consistent with Executive Order GA-26 issued by Governor Greg Abbott, no civil or criminal penalty will be imposed on individuals for failure to wear a face covering. 

Hays County has released an updated release, which can be read here

Hays County Courthouse, San Marcos, TX — Hays County Judge Ruben Becerra today issued a new executive order that, among other provisions, requires face coverings be worn in public.

From the steps of the Historic Hays County Courthouse, Judge Becerra announced the new Order, which closely models what several other Central Texas counties are implementing.

“With our COVID-19 case counts increasing rapidly here in Hays County, including the 210 cases today alone,” he said, “it’s important that we get back to doing those simple things that can help protect the most vulnerable in our community.”

Effective Monday, June 22, Judge Becerra’s new Order will accomplish three things:

  1. Continue the local disaster declaration and public health emergency here in Hays County
  2. Require all commercial entities in Hays to develop and implement a health and safety policy, and
  3. Require all people 10 and older to wear a face-covering when in public, when unable to keep six feet away from other people.

This Order, which is detailed below, expires July 20, 2020.

Continuation of Executive Order

This Executive Order shall continue the local disaster declaration and public health emergency for Hays County for the period specified in Order and shall incorporate and adopt the most recent executive order GA-26 issued by Governor Greg Abbott on June 3, 2020, and any subsequent orders by the Governor relating to the expanded opening of Texas in response to the COVID-19 disaster.

Health & Safety Policies

From the date of this Executive Order, all commercial entities in Hays County providing goods or services directly the public must develop and implement a health and safety policy (“Health and Safety Policy”).

The policy must require, at a minimum, that all employees or visitors to the commercial entity’s business premises or other facilities wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public where six feet of separation is not feasible.

The Health and Safety Policy required to be developed and implemented by this Executive Order may also include the implementation of other mitigating measures designed to control and reduce the transmission of COVID-19 such as temperature checks or health screenings.

Commercial entities must post the Health and Safety Policy required by this Executive Order in a conspicuous location sufficient to provide notice to employees and visitors of all health and safety requirements.

Failure to develop and implement the Health and Safety Policy required by this Executive Order within five (5) calendar days following the Effective Date may result in a fine not to exceed $1,000 for each violation.

Wearing Face Coverings

All people 10 years or older shall wear a face covering over their nose and mouth when in a public place within Hays County where it is difficult to keep six feet away from other people or working in areas that involve close proximity with other coworkers.

The CDC advises face coverings for people 2 years or older. Face coverings may include homemade masks, scarfs, bandanas, or a handkerchief.

Hays County residents should continue to maintain physical distancing of at least six feet while outside their home.

Hays County employees are also required to wear face coverings under the same circumstances as the general public.

Face coverings do not need to be worn in the following circumstances:

  • When exercising outside or engaging in physical activity outside
  • While driving alone or with passengers who are part of the same household as the driver
  • When doing so poses a greater mental or physical health, safety, or security risk
  • While pumping gas or operating outdoor equipment
  • While in a building or activity that requires security surveillance or screening, for example, banks
  • When consuming food or drink

Please note: Face coverings are not a replacement for social distancing, frequent handwashing, and self-isolation when sick.

All people should follow Centers for Disease Control recommendations for how to wear and take off a mask. Residents should employ the following habits while in public:

  • Washing hands before you leave home and when you return,
  • Staying at least six feet away from others,
  • Avoiding touching nose or face,
  • Not using disposable masks more than three times, and
  • Washing reusable cloth masks regularly to prevent the spread of the virus.

Consistent with Executive Order GA-26 issued by Governor Greg Abbott, no civil or criminal penalty will be imposed on individuals for failure to wear a face covering.

Emergency Operations Director Alex Villalobos said during the conference that Hays County has also helped local families by providing 3,000 families with food through two mass distributions.

In addition, in conjunction with the Texas Division of Emergency Management and the Texas Army National Guard, the County has offered free COVID-19 testing for several thousand residents.           

Judge Becerra reiterated that it’s important for residents and businesses to work together.

“I feel it is necessary to issue an order to slow the aggressive spread of this relentless virus,” he said. “This is not a fight we can give up on, the pandemic is far from over.”

The order can be viewed below or here.

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4
TH
ORDER RELATED TO COVID-
19
BY
HAYS COUNTY JUDGE
RUBEN BECERRA
WHEREAS,
pursuant to Texas Government Code Section 418.108, Hays
County Judge
Ruben
Becerra
declared a state of local disaster on March 15, 2020 due to imminent threat
arising from
COVID-
19;
WHEREAS,
in accordance with Texas Government Code Section 418.108(b), that declaration
was continued for 120 days by the Hays County Commissioners Court on March 16, 2020;
WHEREAS,
in accordance with Texas Government Code Section 418.108(b), the consent by
Commissioners Court authorizes the Hays County Judge to continue to exercise the powers granted
by the Texas Disaster Act of 1975 for the period specified in the Commissioners Court order;
WHEREAS,
there currently still exists a declaration of public health disaster in and for the
State
of Texas as declared by Texas Governor Greg Abbott and the Texas Department of State Health
Services (DSHS) and by continuing the County Judge’s disaster declaration, the Hays
County
Commissioners Court authorized the
Hays
County Judge to take such actions as
are necessary in
order to protect the health, safety and welfare of the citizens of Hays
County by the issuance of
executive orders as necessary (each, an “Execu
tive Order”);
WHEREAS,
the transmission of COVID
-19 has not dissipated but remains a significant
threat to
the health and safety of the Hays
County c
ommunity and rates of infection are increasing
at
significant
rate despite efforts by local authorities to control the spread;
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,
a County Judge is authorized to control ingress to and egress from a disaster area
and control the movement of persons and occupancy of premises on an appropriate local scale in
accordance with Section 418.108(g) of the Texas Government Code and his authority as
Emergency Management Director;
WHEREAS,
it is the intent of this Executive Order to remain as consistent with and to harmonize,
to the extent possible, the executive orders of Governor Greg Abbott (as extended or
modified);
and
WHEREAS,
by the authority vested in me as Hays County Judge and as the Emergency
Management Director for the County of Hays to continue to protect the health and safety of the
community and address developing and rapidly changing circumstances when presented by the
current public health emergency, I hereby rescind my previous Executive Orders and issue this
revised Executive Order in their place.
PURSUANT TO THE TEXAS DISASTER ACT OF 1975, HAYS
COUNTY
RUBEN
BECERRA HEREBY ISSUES THIS EXECUTIVE ORDER AS FOLLOWS:
Effective as of 12:01 a
.m. on Monday, June 22, 2020 (“Effective Date”), and continuing through
11:59 p.m. on Monday
, July
20, 2020 unless extended, modified or terminated early by Hays
County Judge Ruben Becerra
or as otherwise indicated below:
I.
Public Health Emergency.
That this Executive Order shall continue the local disaster
declaration and public health emergency for Hays
County for the period specified in this
Executive Order and shall incorporate and adopt the most recent executive order GA
-26 issued
by Governor Greg Abbott on June 3, 2020, and any subsequent orders by the
Governor relating
to the expanded opening of Texas in response to the COVID
-19 disaster.
II. Health and Safety Policy –
Commercial Entities. From the date of this Executive Order, all commercial entities in Hays
County providing goods or services directly to
the public must develop and implement a health
and safety policy (“Health and Safety Polic
y”). The Health and Safety Policy must require, at
a minimum, that all employees
or visitors to the commercial entity’s business premises or other
facilities wear face coverings when in an area or performing an activity which will necessarily
involve
close contact or proximity to co-
workers or the public where six feet of separation is
not feasible. The Health and Safety Policy required to be developed and implemented by this
Executive Order may also include the implementation of other mitigating measu
res designed
to control and reduce the transmission of COVID
-19 such as temperature checks or health
screenings. Commercial entities must post the Health and Safety Policy required by this
Executive Order in a conspicuous location sufficient to provide not
ice to employees and
visitors of all health and safety requirements.
III. Face Coverings –
General Public. That all people 10 years or older shall wear a face covering over their nose and
mouth when in a public place where it is difficult to keep six feet away from other people such
as visiting a grocery store/pharmacy or working in areas that i
nvolve close proximity with
other coworkers. The CDC advises face coverings for people 2 years or older. Coverings may
include homemade masks, scarfs, bandanas, or a handkerchief.
Hays
County residents should
continue to maintain social distancing of at le
ast six feet while outside their home. Hays
County
employees are also required to wear face coverings under the same circumstances as the
general public.
Face
coverings do not need to be worn in the following circumstances
:
- When exercising outside or engaging in physical activity outside
;
- While driving alone or with passengers who are part of the same household as the driver
;
- When doing so poses a greater mental or physical health, safety, or security risk;
- While pumping gas or operati
ng outdoor equipment
;
- While in a building or activity that requires security surveillance or screening,
for example,
banks
; and/or
- When consuming food or drink.
Please note that face coverings are a secondary strategy to other mitigation efforts.
Face coverings are
not a replacement for social distancing, frequent handwashing, and self
-
isolation when sick. All people should follow CDC recommendations for how to wear and take
off a mask.
Residents should keep up the following habits while in publ
ic:
- W
ashing hands before you leave home and when you return;
- S taying at least six feet away from others;
- A voiding touching nose or
face;
- N ot using disposa
ble masks more than three times; and
/or
- W
ashing reusable cloth masks regularly to prevent t
he spread of the virus.
Consistent with Executive Order GA
-26 issued by Governor Greg Abbott, no civil or
criminal
penalty will be imposed on individuals for failure to wear a face covering.
IV
. Severability.
The sections, paragraphs, sentences, clauses and phrases of this Executive
Order are severable and
if any phrase, clause, sentence, paragraph or section of this
Executive Order should be declared
invalid by the final judgment or decree of any court
or competent jurisdiction, such i
nvalidity shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections that can be
given effect without the invalid provision, and to this end, the provisions of this Executive Order
are severable.
V. Interpretation and Addit
ional Terms.
To the greatest extent possible, this Executive Order shall be interpreted as consistent with and
supplemental to any executive order issued by the Texas Governor. All provisions of the executive
orders of the Texas Governor either existing or
as, if and when issued, which are made applicable
to all jurisdictions by law shall be automatically incorporated into and constitute terms of this
Executive Order, enforceable as if set forth herein without necessity for the issuance of
any further
order
s.
VI
. Enforcement.
In accordance with
the
limitations contained in the executive orders of Governor Greg Abbott, that
any peace officer or other person with lawful authority is hereby authorized to enforce the
provisions of this
Executive Order in accordance with the authority granted under the Te
xas
Disaster Act of 1975.
ORDERED this 1
8th day of June, 2020
________________________________
RUBEN BECERRA
HAYS COUNTY JUDGE
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4 Comments

  1. We are living in Bizarro World. How do you reconcile not-mandatory with the authority to make masks mandatory?

    We are actively trying to drive ourselves into bankruptcy and the loony bin. This needs to stop.

    At first it was 15 days to fatten the curve, but never mind the mask. Then it was two more week, but we encourage you to wear masks. We are now over three full months. Three months that feel like 3 years. Every is tired. Everyone is frustrated. Twenty-Million people were needlessly put out of a job. An untold number of business were artificially satiate the COVID fairy.

    Yet none of this has been prove to do anything but increase domestic violence, suicides, and the fatality rate of automobile accidents. Masks have been proven ineffective. So have the plexi-glass barriers. Blindly follow the unscientific ramblings of bureaucrats that need to “do something” in order to protect their budgets.

    CRAZY!

  2. Face coverings do not need to be worn in the following circumstances:

    When exercising outside or engaging in physical activity outside
    – Walking

    While driving alone or with passengers who are part of the same household as the driver
    – (fools still do)

    When doing so poses a greater mental or physical health, safety, or security risk
    – mental… being PO’d because some snot nosed college kid is going to harass me about wearing a mask
    – physical… breathing
    – safety… masks might interfere with other hearing, vision, or protective aids
    – security… see a lot of masks in those “peaceful protests” + below

    While in a building or activity that requires security surveillance or screening, for example, banks
    – some businesses are more worthy of protection that others.

    When consuming food or drink
    – hydrate people, hydrate

  3. There have been millions of words from govt on how to take action to safeguard ourselves; a bit like”duck and cover”of the Cold War Era. But not one word on how they plan to kill this virus once and for all.

    1. Because they can’t. We just have to learn to live with it. First step, get back to work. Second step, protect the most vulnerable (grandma). Third, herd immunity. Fourth, wonder why we didn’t do that sooner.

      Then, in 134 days, boot the idiots that had us locked down in the first place.

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