The COVID Project
The record
- Jurisdiction
- Texas
- Level
- State
- Authority
- Tex. Gov't Code §§ 418.018(c), 418.108(g)
- Issued
- 1987-09-01 Sept. 1, 1987
- Effective
- standing (read as 1987-09-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Sept. 1, 1987 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Stay-at-homeBusiness closureCapacity limitTravel and quarantineStanding duty
- Addressees
- persons generally; owners or persons in control of premises; all businesses (occupancy of premises)
- Character
- statutory authority
- Collection
- Standing duties: Texas DUT-TX
Operative words
The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.... The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area.
Penalty
What it required
The statutory source of every stay-home, closure, occupancy and travel-quarantine command in the Texas layer: the Governor's orders recite § 418.018(c) verbatim (Exs. TX-008, TX-036), and county judges and mayors held the same power over 'the movement of persons and the occupancy of premises' for the local orders in the metro layer until the Governor's orders preempted them. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteState v. El Paso County (Ex. TX-047 at 12) describes the Governor and the county judge as 'both of whom are delegated and here exercised the same express powers over ingress, egress, and occupancy' and resolves the conflict for the Governor under §§ 418.012 and 418.016.