The COVID Project
The record
- Jurisdiction
- Travis County, Texas (unincorporated areas) · Austin · Texas
- Level
- County
- Authority
- Tex. Health & Safety Code §§ 121.003 (county authority to enforce public-health law), 81.082, 81.084, 81.086 and 121.024 (health authority control measures), 341.011-.012 (public health nuisance); Tex. Local Gov't Code § 81.027; Tex. Gov't Code § 418.054 and chs. 418 and 791; the Interlocal Cooperation Agreement for Public Health Services with the City of Austin
- Issued
- 2021-03-09 Mar. 9, 2021
- Effective
- 2021-03-09 (immediately upon approval) (read as 2021-03-09)
- End
- 2021-04-15 by the term of the adopted rules; renewed May 18, 2021 (recited in Ex. MET-AUS-049) and 'no longer in effect' from May 21, 2021 (Ex. MET-AUS-049) (read as 2021-04-15)
- In force
- Mar. 9, 2021 to Apr. 15, 2021
- Quarters
- 2021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
- Addressees
- persons in control of sites with 10 or more individuals present in unincorporated Travis County
- workers
- the public
- Functions reached
- EMP every site with 10 or more present: face coverings, disinfection, groups of 10, six feet, daily worker pre-screening, handwashing, signage
- WF workers screened daily; infected workers excluded
- CB customers masked
- SF/DR/SL/PF site rules in the unincorporated county
- Collection
- Austin MET-AUS
Operative words
SECTION 3.... C. The Local Health Authority for Travis County issued Emergency Rules and Orders for the unincorporated areas of Travis County on March 4, 2021, and effective through April 15, 2021. A copy of the Emergency Rules and Order for Travis County is attached as Exhibit A.... SECTION 4. DECLARATION OF NUISANCE. By this Order and pursuant to its authority under the aforementioned provisions of the Texas Health and Safety Code, the Commissioners Court declares a Site that does not follow the Minimum Standards established in this Order as a public health nuisance because it is a place or condition that is a possible and probable medium of COVID-19 transmission in or between humans. SECTION 5. APPLICABILITY. This Order applies to a Site with 10 or more individuals present at any one time. SECTION 6. PUBLIC HEALTH NUISANCE. A person who Maintains a Site that does not comply with Minimum Health Standards described in this Order maintains a public health nuisance that is subject to abatement. SECTION 7. MINIMUM STANDARDS: A. A Person In Control of a Site shall: 1. require each individual to wear a Face Covering except as provided in Subsection (B)...; 2. clean and disinfect High Touch Items at least twice per day; 3. limit the number of individuals who gather or stand together to 10 or less; 4. require at least six feet of distance between groups of individuals...; 5. conduct a general health pre-screening of each worker every day before the worker begins his or her shift;... 8. mandate workers wash their hands...; 9. for workers confirmed to have contracted COVID-19, follow all directions from Austin Public Health...
Enforcement
SECTION 8. ENFORCEMENT AND PENALTY: the Travis County Fire Marshal's Office, the Sheriff's Office, other peace officers and designated county employees 'may issue a citation in the unincorporated area of the county to enforce any law and this Order of the Commissioners Court that is reasonably necessary to protect the public health. A violation of the Local Health Authority Rules and Order, Sections 3 and 5 (Rules Applicable to Sites), in the unincorporated areas of Travis County is punishable by citation not to exceed $500.00'; B. civil suit in district court for civil penalties and injunctive relief to abate the nuisance; C. County Attorney authorized to sue
Notes
Adopted March 9, 2021, the day before GA-34 took effect: the County's answer to the State's preemption of local mask mandates, resting on the Health and Safety Code's nuisance and health-authority provisions rather than on ch. 418 disaster powers. Recites the prior Commissioners Court orders of August 4 and November 10, 2020 and the Health Authority's notice of November 6, 2020 (Travis County rules effective November 12, 2020 to February 18, 2021) and rules of December 15, 2020 for the City (to April 15, 2021).
Retrieval noteRecording no. 2021050198, March 9, 2021, 5:46 p.m.).