Home COVID-19 EXECUTIVE ORDER NW-03 OF COUNTY JUDGE NELSON W. WOLFF ISSUED March 23,...

EXECUTIVE ORDER NW-03 OF COUNTY JUDGE NELSON W. WOLFF ISSUED March 23, 2020

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331243890 Stay Home Safe Web

Excerpts from the order are below. We exported the scanned PDF order, exported to Word and imported it in the website. We tried to find all the import errors. If there are any remaining please let us know. Thank you. 

Effective as of 11:59 p.m. on Tuesday, March 24th, 2020 and continuing through April, 9th, 2020, unless extended, terminated early by Bexar County Judge Nelson W. Wolff or otherwise indicated below.

1. Subject to the definitions and further guidance set out in Subsection (i) below, that all persons currently residing within the incorporated and unincorporated territory of Bexar County are hereafter directed to stay at home (“Stay Home Work Safe Measures”)- All persons may only leave their residences to engage in allowable activities which shall include Exempted Activities or Exempted Businesses (as defined below) but must implement all social distancing requirements and adopt other mitigating measures. All public or private gatherings of any number of people occurring outside a single household are hereafter prohibited, except as otherwise provided herein. Nothing in this Executive Order prohibits the gathering of members within a household.

2. With the exception of Exempted Businesses, as defined below, that all businesses operating within Bexar County are required to cease all activities at any facility located in the incorporated or unincorporated portions of Bexar County. Notwithstanding the above requirement to cease all activities, this prohibition shall not extend to: (i) employees or contractors performing activities at their own residences (i.e. working from home or operation of a home-based businesses regardless of whether it constitutes an Exempted Business); (ii) operations to maintain security, upkeep, and maintenance of premises, equipment or inventory; (iii) IT or other operations that facilitate employees working from home.

(i)  Definitions of Exempted Business and Exempted Individual Activity:

(a) For purposes of this Executive Order, Exempted Activities are defined as follows:

i) Health and Safety Activities. For example, to engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members (for example, obtaining food, medical supplies or medication, visiting a health care professional, or obtaining supplies needed to work from home) or to care for a family member or pet in another household.

ii) Necessary Supplies. To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others (for example, food, pet supply, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences);

iii) Outdoor Activity. To engage in activity in an outdoor open space, such as walking, biking, hiking, or running, provided the individuals comply with social distancing requirements of six feet; and/or

iv) Work at an Exempted Business. Activities necessary to work at or conduct an Exempted Business or to otherwise carry out activities specifically permitted in this Executive Order.

(b) For purposes of this Executive Order, Exempted Businesses are defined as follows:

i) Healthcare Services. For example, healthcare operations, including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, mental health providers, substance abuse service providers, blood banks, medical research, laboratory services, or any related and/or ancillary healthcare services. Home-based and residential-based care for seniors, adults, or children are also considered healthcare operations. Healthcare operations also includes veterinary care and all healthcare services provided to animals. This exemption shall be viewed broadly to avoid any impacts to the delivery of healthcare. Healthcare operations do not include fitness and exercise gyms and similar facilities. Healthcare operations do not include elective medical, surgical, and dental procedures.

ii) Government Functions. For example, those services provided by local governments needed to ensure the continuing operation of the government agencies to provide for the health, safety and welfare of the public including law enforcement and operation of jails and detention facilities, fire and EMS or otherwise necessary for health and safety of residents of Bexar County.

iii) Education and Research. To include educators or other personnel supporting public and private K-12 schools, colleges, and universities for purposes of facilitating distance learning or performing other functions in support of Exempted Individual Activities or Exempted Businesses and companies engaged in science or engineering research and development.

iv) Infrastructure, Development, Operation and Construction. For example, public works construction, construction of housing or other types of construction including commercial, manufacturing, airport operations and aircraft manufacturing, maintenance or repair, water, sewer gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services).

v) Transportation.    Businesses related to the operation, maintenance, construction and manufacture of transportation services. For example, a) vehicle manufacturers, automotive suppliers and parts departments, car dealerships, parts distributors, maintenance and repair facilities; b) public transportation; c) businesses supporting airport operations; d) street and highway maintenance and construction; 7) gas stations and other fuel distribution businesses; f) vehicles for hire including taxis and rideshare.

vi) IT Services. For example, businesses and activity necessary to maintain internet and telecommunications systems, including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services.

vii) Food, Household Staples and Retail. For example, food service providers, including grocery stores, warehouse stores, big-box stores, liquor stores, bodegas, gas stations, and farmers’ markets that sell food products and household staples for pick-up or businesses that ship or deliver groceries, food, goods or services directly to residences. Nothing shall restrict employees supporting pick-up or delivery under this exception so long as there is sufficient space to implement social distancing. Restaurants prepared food retailers, microbreweries, micro­ distilleries, or wineries and other facilities that prepare and serve food, but only for delivery, curbside pick-up or carry out. Schools and other entities that typically provide free services to students or members of the public on a pick-up/take-away basis.

viii) Services to Economically Disadvantaged Populations. For example, transit services, nonprofits and other businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals.

ix) Services Necessary to Maintain Residences or Support Exempt Businesses. For example, hotels and other temporary residence facilities, laundromats, dry cleaners, and laundry service providers, trash and recycling collection, processing and disposal, mail and shipping services,  building cleaning  and  maintenance, warehouse/distribution and fulfillment, and storage for Essential Businesses. This shall include plumbers,  electricians,  exterminators and other service providers  who provide services that are necessary to maintaining the safety, sanitation, and essential operations of residences, Essential Activities, and Exempted Businesses. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities.

x) News Media. To include newspapers, television, radio , and other media services.

xi) Financial Institutions and Insurance Services. To include banks, credit unions, and other financial institutions and service providers as well as companies providing insurance services and products.

xii) Childcare Services. To include childcare facilities providing services that enable employees exempted in this Executive Order to work as permitted.

xiii) Worship Services. Religious and worship services may only be provided by video, teleconference or other remote measures.

xiv) Funeral Services. For example, funeral homes, crematoriums and cemeteries.

xv) CISA Sectors. All business and operations necessary to the operations and maintenance of the 16 critical infrastructure sectors as identified by the National Cybersecurity Infrastructure Agency (“CISA”) and outlined at: https://www.cisa.gov/sites/default/filcs/publications/CISA­Guidance-on-Essential-Critical-Infrastructurc-Workers-1-20-508c.pdf

3. That Bexar County rental property owners temporarily suspend evictions for at least the next 30 days to prevent renters from being displaced due to the public health emergency;

4. That foreclosure proceedings within Bexar County be temporarily suspended for at least the next 30 days to prevent the displacement of occupants during the public health emergency;

5. That residents of Bexar County conduct essential Bexar County business online or via regular mail to avoid  visiting any Bexar County facilities unless absolutely necessary.

6. That no person shall sell any of the following goods or services for more than the price the person charged for the goods or serves on 11:59 p.m. on Thursday, March 19, 2020 and continuing during the pendency of this Executive Order:

    1) Groceries, beverages, toilet articles, ice;

     2) Restaurant, cafeteria, and boarding-house meals; and

     3) Medicine, pharmaceutical, and medical equipment and supplies.

7. That as of the date of this Executive Order and continuing for the remainder of the period set out in the joint third amended emergency order of the Supreme Court of Texas in Misc. Docket No. 20-9044 and the Court of Criminal Appeals of Texas in Misc. Docket No. 20-008, all courts within Bexar County restrict non-essential in person proceedings in accordance with this Executive Order and the Declaration of Public Health Emergency of the City of San Antonio. Section 9 of this Executive Order shall hereby be suspended as to this Section 7.

8. That people who are sick should stay at home and not engage in any activity outside of their residence unless related to treatment or health care. If someone in a household has tested positive for COVID-19, then the other members of the household should consider themselves positive if they become symptomatic and follow the current policies and procedures in place for isolation and quarantine. 

9. 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 Texas Disaster Act of 1975. Any person who violates this Executive Order may be subject to a fine not exceeding $1,000 or confinement for a period not exceeding 180 days.

10. 10. 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 invalidity 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.

II. II. All provisions of the executive orders of Governor Greg Abbott either existing or as, if and when issued, shall be automatically incorporated into and constitute terms I of this Executive Order enforceable as if set forth herein without necessity for the I issuance of any further orders. To the extent that there is a conflict between this i Executive Order and any executive order of the Governor, the strictest order shall prevail.

DECLARED this 23rd day of March, 2020 (Original Document Signed by Bexar County Judge Nelson W. Wolff