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Ex. MET-AUS-053 Order Primary source read

Resolution and Order of the Travis County Commissioners Court Mandating Compliance with Local Health Authority Orders and Adopting Criteria for Declaring a Public Health Nuisance (August 17, 2021)

Commissioners Court order adopting the Health Authority's Emergency Rules and Orders for public schools, charter schools and public colleges in Travis County (issued August 16, 2021, effective through December 10, 2021) as Minimum Standards; non-complying schools declared public health nuisances

Travis County Commissioners Court · Travis County, Texas (public schools, public charter schools and public colleges) (County)

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The record

Jurisdiction
Travis County, Texas (public schools, public charter schools and public colleges) · Austin · Texas
Level
County
Authority
Tex. Health & Safety Code §§ 121.003, 81.082, 81.084, 81.086, 121.024 and 341.011; 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
Issued
2021-08-17 Aug. 17, 2021
Effective
2021-08-17 (immediately upon approval; recorded August 18, 2021) (read as 2021-08-17)
End
2021-08-24 (renewed and continued by the Resolution and Order of August 24, 2021, Ex. MET-AUS-054; adopted rules effective through December 10, 2021) (read as 2021-08-24)
In force
Aug. 17, 2021 to Aug. 24, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child care
Addressees
  • all public schools, public charter schools and public colleges in Travis County
  • students, staff and visitors over the age of two
  • principals, responsible staff members and administrators
Functions reached
  • SCH every public school and college campus in Travis County under masking, backed by nuisance-abatement suits
  • WF parents
  • IN/CP campus operations
Collection
Austin MET-AUS

Operative words

SECTION 3.... C. The Local Health Authority for Travis County issued Emergency Rules and Orders for public schools, including public charter schools and public colleges, in Travis County on August 16, 2021, and effective through December 10, 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 School 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. PUBLIC HEALTH NUISANCE. A School 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. Face Covering Applicable to School. A. Students, staff, and visitors over the age of two are required to wear a face covering while on school property or school buses during Stages 3, 4, and 5 as set forth in Austin Public Health's Risk-Based Chart. In this section, school means all public schools, including public charter schools in Travis County.

Enforcement

SECTION 8. ENFORCEMENT: A. Through a civil suit filed in district court for injunctive relief that requires specific conduct necessary to abate the public health nuisance and prohibits specific conduct that constitutes a public health nuisance; B. the County Attorney authorized to file civil suits; SECTION 9 non-exclusivity

Notes

Recital 12 states that health authorities may impose communicable disease control measures 'unless specifically preempted' - the County's stated legal position against GA-38. Section 6 'Community Expectations' encourages sites to incentivize vaccination.

Retrieval note

Recording no. 2021184887, August 18, 2021, 3:32 p.m.).