{"id":"DUT-TX-008","kind":"duty","level":"state","jurisdiction":"Texas","state":"TX","metro":"","industry":"","agency":"","eco":"","issuer":"Texas Department of State Health Services (DSHS); Commissioner John Hellerstedt, M.D.","authority":"Tex. Health \u0026 Safety Code § 81.002 (recited); § 81.003(7) and § 81.082(d) (public health disaster)","instrument":"DSHS News Release, \u0027Texas Health Commissioner Declares Public Health Disaster\u0027 (March 19, 2020)","title":"Texas Health Commissioner Declares Public Health Disaster: Calls on Texans to stay home and limit gatherings to 10 people","dateIssued":"2020-03-19","effective":"2020-03-19","end":"The declaration it announces ran 30 days and was renewed (the release is a statement of record, not an expiring instrument)","startDate":"2020-03-19","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMER","DUTY","GATH","STAY","EMP"],"addressees":["persons generally; employers (\u0027businesses\u0027); communities"],"clause":"The declaration cites the requirement under Section 81.002 of the Texas Health and Safety Code that \u0022each person shall act responsibly to prevent and control communicable disease.\u0022 To do that: People, businesses and communities should immediately undertake hygiene, cleanliness and sanitation practices that are accessible, affordable and known to be effective against COVID-19.","enforcement":"The practices are stated with \u0027should\u0027 (recommendation); the § 81.002 duty and the control-measure offenses of §§ 81.085(h) and 81.087 supply the compulsion, and GA-08 made the gathering and closure rules orders with the § 418.173 penalty (Exs. TX-003, DUT-TX-012)","functions":[],"notes":"The State\u0027s chief health officer declared a public health disaster under chapter 81 for the first time in the State\u0027s history, construed the standing duty of § 81.002 as binding \u0027People, businesses and communities,\u0027 and stated the practices the duty called for (hygiene, cleanliness and sanitation practices; limiting trips to essential outings; limiting close contact; isolation of the symptomatic; gatherings limited to ten), which the Governor commanded the same day by GA-08 (Ex. TX-003).","sourceUrl":"https://www.dshs.texas.gov/news-alerts/texas-health-commissioner-declares-public-health-disaster","snapshot":"https://web.archive.org/web/20230127073525/https://www.dshs.texas.gov/news-alerts/texas-health-commissioner-declares-public-health-disaster","fileExists":true,"fileBytes":89616,"grade":"primary","character":"guidance_incorporated","description":"","collection":"DUT-TX","url":"/library/DUT-TX-008","exhibitUrl":"/exhibit/DUT-TX-008","citation":"Texas Department of State Health Services (DSHS); Commissioner John Hellerstedt, M.D, DSHS News Release, \u0027Texas Health Commissioner Declares Public Health Disaster\u0027 (March 19, 2020) (Mar. 19, 2020) (Ex. DUT-TX-008)","stateName":"Texas","related":["TX-003","DUT-TX-012","DUT-TX-001","DUT-TX-002","DUT-TX-004","DUT-TX-009"]}