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Questions from Residents about Judge’s 3rd Order Answered Below are some of the questions received since the Judge’s 3rd Order went into effect at 11 p.m. on March 26, 2020. Following the QA is a copy of the Order and Exhibit A for reference. QUESTIONS and ANSWERS REGARDING The “STAY at HOME, WORK SAFE” ORDER The Hays County Judge signed a “Stay at Home, Work Safe” Order (“COVID Order #3”) on March 25, 2020. It became effective at 11 p.m. on March 26 th and will run until 4 a.m. on April 10 th . The Order directs everyone to remain at their residential property unless participating in an Essential Activity, which includes working at designated Essential Businesses or working in an Essential Government Function. The Order is meant to prevent community spread of the novel coronavirus that causes COVID-19. It is not an order to close businesses. Rather, it is an Order to stay at home, because previous efforts to prevent spread of the virus were less effective than they needed to be. Under COVID Order #3, a City may adopt more stringent rules within its corporate limits in Hays County. If you wish to conduct certain activities within a city’s corporate limits, you should also inquire with that municipality regarding additional rules. The questions, below, are written verbatim, as they were received, without changes to spelling or grammar. QUESTIONS March 30, 2020 1. Answered in yesterday’s questions: “I provide child care for my daughters six children. She is a nurse and her husband works for the Post Office. Both are essential employees and neither can work from home. I take care of the children in their home or mine. May I continue to drive the children from their home to mine and back as needed? We live less than a half mile apart and will drive directly to homes with no stops or interaction with other people.”) Additional Question I also need to know if I can bring the children from their house to mine to care for them in my home and then take them back to their house at the end of the day. Answer: Yes, you may also bring the children back and forth between their residence and yours. Under COVID Order #3, Section 3, individuals are permitted to leave their residence to care for a family member or pet in another household, as such activity is considered an Essential Activity.

Questions from Residents about Judge’s 3rd Order Answered · Questions from Residents about Judge’s 3rd Order Answered Below are some of the questions received since the Judge’s

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Page 1: Questions from Residents about Judge’s 3rd Order Answered · Questions from Residents about Judge’s 3rd Order Answered Below are some of the questions received since the Judge’s

Questions from Residents about Judge’s 3rd

Order Answered

Below are some of the questions received since the Judge’s 3rd Order went into effect at 11 p.m.

on March 26, 2020. Following the QA is a copy of the Order and Exhibit A for reference.

QUESTIONS and ANSWERS REGARDING The “STAY at HOME, WORK

SAFE” ORDER

The Hays County Judge signed a “Stay at Home, Work Safe” Order (“COVID Order #3”) on

March 25, 2020. It became effective at 11 p.m. on March 26th and will run until 4 a.m. on April

10th. The Order directs everyone to remain at their residential property unless participating in

an Essential Activity, which includes working at designated Essential Businesses or working in

an Essential Government Function. The Order is meant to prevent community spread of the

novel coronavirus that causes COVID-19. It is not an order to close businesses. Rather, it is an

Order to stay at home, because previous efforts to prevent spread of the virus were less effective

than they needed to be.

Under COVID Order #3, a City may adopt more stringent rules within its corporate limits in

Hays County. If you wish to conduct certain activities within a city’s corporate limits, you should

also inquire with that municipality regarding additional rules.

The questions, below, are written verbatim, as they were received, without changes to spelling or

grammar.

QUESTIONS

March 30, 2020

1. Answered in yesterday’s questions: “I provide child care for my daughters six children.

She is a nurse and her husband works for the Post Office. Both are essential employees

and neither can work from home. I take care of the children in their home or mine. May I

continue to drive the children from their home to mine and back as needed? We live less

than a half mile apart and will drive directly to homes with no stops or interaction with

other people.”) Additional Question – I also need to know if I can bring the children

from their house to mine to care for them in my home and then take them back to their

house at the end of the day.

Answer: Yes, you may also bring the children back and forth between their residence and yours.

Under COVID Order #3, Section 3, individuals are permitted to leave their residence to care for

a family member or pet in another household, as such activity is considered an Essential

Activity.

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2. Answered in yesterday’s questions: “There are families on our street in (removed name)

(at least 4-5) that congregate in the middle of our street and all let their kids play together,

yet I am staying home with my child inside, except to go in the back yard. Aren’t these

people violating the order to stay at home? And isn’t this why are kids are home from

school so that they aren’t interacting with each other right now during this crisis??) –

Additional Question – So I’m assuming nothing can be done then?

Answer: Individuals not complying with COVID Order #3 are at risk of penalty. The Hays

County Sheriff’s Office, Hays County Constables’ Offices, the Hays County Fire Marshal’s

Office, and other peace officers, are hereby authorized to enforce this order, within their

discretion. A person who willfully disregards or conspires to willfully disregard this order is

considered to have violated an order authorized by Chapter 418 of the Texas Government Code

and is subject to a fine of up to $500 for each violation.

March 29, 2020

1. Can I do construction work where there is limited or possible no other people and we can

easily maintain 6 feet separation?? I have a project in the City of San Marcos , a store

that is supposed to be opening soon and i have it work that needs to be finished. I want to

be sure I am following the rules.

Answer: Yes, you may. All residential and commercial construction is considered an Essential

Business under COVID Order #3, Section 4, paragraph ii. However, such companies should

implement precautions to protect employees and all activity shall be performed in compliance

with social distancing guidelines in Exhibit A of the Order. If applicable, construction sites

should limit site visitation to a single trade at one time in order to maintain social distancing

standards.

2. There are families on our street in (removed name) (at least 4-5) that congregate in the

middle of our street and all let their kids play together, yet I am staying home with my

child inside, except to go in the back yard. Aren’t these people violating the order to stay

at home? And isn’t this why are kids are home from school so that they aren’t interacting

with each other right now during this crisis??

Answer: Group gatherings are not permitted under COVID Order #3, unless they fall under an

exception of Essential Activities or Essential Businesses, and even then, they should comply

with all the social distancing measures explained in Exhibit A of COVID Order #3. As playing

together (presumably close in proximity to one another) in a group would not fall under either of

those exceptions, such group gatherings are not permitted by the Stay at Home Order.

3. I am suppose to pick up my child in another county as this is my weekend with her. Am I

allowed to drive there and back?

Answer: COVID Order #3 does not have any effect on custody arrangements. As stated in

Section 1, the Order does not prohibit the gathering of the members of a household. In the case

Page 3: Questions from Residents about Judge’s 3rd Order Answered · Questions from Residents about Judge’s 3rd Order Answered Below are some of the questions received since the Judge’s

of child custody, a court has decided the custodial arrangement of two households that share

supervisory responsibility of children. That may continue, despite the Stay at Home order.

4. My inquiry is regarding Pet Care in the private, non-veterinary industry for businesses

that offer the following services: Dog Daycare, Grooming, Over night Boarding Do

these specific services fall into the definition of “ Health and Welfare of animals” as it

relates to the intent of the Stay At Home Order?

Answer: COVID Order #3, Section 4, paragraph does indeed qualify veterinary care and all

health and welfare services provided to animals as Essential Businesses. Grooming would

qualify as an activity that addresses the health and welfare of animals. However doggie daycares

or overnight boarding would not constitute such Essential Business, as defined in the Order, or

promote social distancing recommended by the CDC.

5. Our drive in is all outdoor. We can remove all benches. We have a full kitchen which is

served out of a window, just like a fast food place. Our business model during this time

is: People show up, don’t even have to roll down a window, we can check them in, show

them their car spot, they can order food online and pay, and we drop it off by their car.

We can literally have people just sit in their car. ALL other restaurants can be open and

have people pick up food. We are allowed to serve food according to the county for

pickup. What’s the reason for not being able to have a movie on while people pick up

food? I just witnessed 30 ppl in 30 min walk into a liquor store. All touching a handle,

nothing being whipped down. Also 30 people walk into a pizza place to pick up pizza.

Not at the same time but one after the other picking up food. We can have people sit in

their car and touch nothing. That makes no logic or sense for us not to be able to show a

movie while people pick up food. Also, we have bathrooms that can stay locked. No

dining area. No playground. Here is the previous conversation. There has to be some

exemption here. I feel this is a type of discrimination against my business and it’s

hurting lots of people. My employees, their families, and us personally as well. People

stay in the car, way safer then picking up pizza at a pizza place, coffee shops, liquor

stores etc.

Answer: Currently, a Drive-In Theatre is not included in the description of Essential Businesses

of COVID Order #3. Keep in mind that the Order is a “Stay at Home, Work Safe” order. In other

words, it is not an order to close businesses. It is an order to stay home and avoid the risks

outside the home, unless a person is participating in an Essential Activity. We agree that one

aspect of a Drive-In Theatre, remaining in vehicles while viewing a film, does not present

significant risk. However, most modern venues have common areas, dining areas, public

restrooms, and other spaces in which community spread of the virus could occur. A future Order

that permitted this sort of activity would have to consider those risk factors.

If a restaurant (or other portion of the facility) that prepares and serves food, BUT ONLY for

delivery or carry out remains functioning, such activity would be considered Essential Business

under COVID Order #3, Section 4, paragraph iv. Keeping the kitchen open and serving food

would not qualify any other portion of the business as Essential Business, unless it is also

included in the description of Essential Activities or Essential Businesses. As a case in point,

Page 4: Questions from Residents about Judge’s 3rd Order Answered · Questions from Residents about Judge’s 3rd Order Answered Below are some of the questions received since the Judge’s

Wimberley Glass Works manufactures products for residential and commercial construction

projects, but they also give tours and classes at their place of business. They are not currently

conducting tours or teaching classes, because it does not fall within the definition of Essential

Business. They are, however, continuing to manufacture for construction projects.

6. If I go to the grocery store to buy for my own family and text my best friend to see if she

needs anything from the store, would it be in violation to take said groceries to her

house? I know I would probably have to drop them at the door and go back home. Her

son is sick (no covid) so I wanted to be nice and see if they need anything.

Answer: Under COVID Order #3, Section 3, you would indeed be permitted to obtain necessary

services or supplies (including food, household consumer products, products necessary to

maintain safety, sanitization, and other essential operation of residences) and deliver those

services or supplies to others in need. Such activity would be considered an Essential Activity.

7. I am a small tutoring business in Wimberley that provides services to the local

community including San Marcos and Austin. Like many small businesses today, I am

trying to recreate ways to keep my school afloat. In doing so, I have gone to online

tutoring and homeschooling, which is keeping some income coming in for a skeleton

staff and myself. However, this format has not been fully effective in the learning process

of some of students. Many of my students have learning, emotional, mental, and/or

physical differences and while many are adapting to this new normal of learning some are

having difficulty. For these students, will I be within compliance if I tutor them

personally at my business? I would like to note that I do have a sanitation station at the

entrance to follow COVID-19 safety protocol as well as have bleach and water mixtures

to wipe down surfaces.

Answer: Under COVID Order #3, Section 4, paragraph xiv, certain educational activities are

considered Essential Businesses for purposes of distance learning; however, in-person, private

tutoring is not described as an Essential Business. We would recommend online tutoring for the

duration of this Order (less than 2 weeks). The County Judge will reassess the situation near the

end of that period and make adjustments, where appropriate in his determination.

8. Thank you for your quick response! I apologize for how vague my question was. This is

regarding child visitation between my home and his father’s home. I am the custodial

parent and have our son. How am I to get him to his dad’s? Is that even allowed? I am

concerned about what exposure he may get going back and forth.

Answer: Yes, it is permitted. COVID Order #3 does not have any effect on custody

arrangements. As stated in Section 1, the Order does not prohibit the gathering of the members of

a household. In the case of child custody, a court has decided the custodial arrangement of two

households that share supervisory responsibility of children. That may continue, despite the Stay

at Home order.

9. Supposedly, the Declaration of Disaster (due to Public Health Emergency), as well as the

Stay at Home and Curfew Orders were issued to protect the community at large, as well

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as a person’s family. The impression given was that they were to help prevent further

spread of the “highly contagious” COVID-19. In my opinion, any person who can’t

abstain from playing golf for fifteen days probably can’t be expected to honor any safety

precautions anyone tried to implement at a golf course. How did you determine that a

golf course is an essential business? When you ordered people to stay at home, how did

you determine it was essential and safe for people to go play golf? How will you ensure a

six foot distance requirement will be adhered to on the golf course? How did you

determine no one will touch a pole in a pin cup, or touch a cup when removing a ball?

How can you ensure a golfer will not, unknowingly, carry the virus home to his/her

family members? Is a four plus hour visit to a grocery store acceptable? Why would a

four plus hour round of golf be ok? If all county parks are to be closed, why is it ok for

city parks within the county to be open?

Answer: While golfing does qualify as an Essential Activity (as long as it can be done while

maintaining standards for social distancing), the ancillary services and activities at a golf club

would each need to be examined separately for compliance. For instance, the golf club restaurant

must offer take-out food only, and the gift shop, golf shop, spa, and/or gym would not qualify as

Essential Businesses. If the course owner can achieve a way to allow golfers to participate in this

outdoor activity without causing the ancillary services to violate COVID Order #3, then it would

be permissible. While everyone is encouraged to stay at home, and only leave for Essential

Activities, COVID Order #3 does not place time limitations on any Essential Activity.

10. I provide child care for my daughters six children. She is a nurse and her husband works

for the Post Office. Both are essential employees and neither can work from home. I take

care of the children in their home or mine. May I continue to drive the children from their

home to mine and back as needed? We live less than a half mile apart and will drive

directly to homes with no stops or interaction with other people.

Answer: You are indeed able to continue traveling to and from your daughter’s residence. Under

COVID Order #3, Section 3, individuals are permitted to leave their residence to care for a

family member or pet in another household, as such activity is considered an Essential Activity.

11. Who was/is serving on the day care task force that Judge Becerra mentioned reviewed the

closure of daycares in Hays County?

Answer: Our understanding is that Judge Becerra was consulting Mayors and staff from different

municipalities within Hays County. The “task force” he mentioned is not a formal body, but an

ad hoc working group that provides input on that topic. Now that childcare has been reformatted

under COVID Order #3, it has not been a topic of ongoing debate or discussion, although our

understanding is that one or more municipalities may have continued with a closure order for

childcare facilities only within their corporate limits.

March 28, 2020

1. We perform accounting, payroll and tax services. The order states we are considered an

essential business under professional services, however, we are wondering if we are

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currently able to have clients come into the office to prepare their income taxes as long as

we practice social distancing?

Answer: Professional services, such as accounting services, are indeed considered Essential

Businesses under COVID Order #3, Section 4, paragraph xviii. However, those services are only

considered essential to the extent that the activity has been ordered to continue by a state entity,

or to the extent that the service can be provided in compliance with Exhibit A of the Order. Since

income tax deadlines have been extended and have not currently been ordered to continue at this

time, you can only complete tax preparation if you can do it in accordance with Exhibit A of the

Order.

2. My question is in the physical activity section some of the allowed events include biking,

hiking, running, etc. would fishing also fall into this category of approved outdoor

recreational events as long as social distancing is followed while performing this activity?

Answer: Yes, fishing would be considered an outdoor recreational activity, and therefore an

Essential Activity under COVID Order #3, Section 3. However, you must comply with the social

distancing requirements of six feet.

3. A resident is having a house built and wants to know if he and his wife are allowed to go

visit the construction site to check on the progress?

Answer: Unless the couple is traveling to the home currently being built in order to provide input

or essential products to the construction crews (Essential Businesses under COVID Order #3,

Section 4, paragraph ii), such travel would not constitute an Essential Activity under COVID

Order #3, Section 3.

4. My girlfriend works for an exempt business as they serve the economically

disadvantaged. She is in the extreme risk category with multiple health issues, including

severe asthma. Her employer knows about these risk factors.

All other employees are allowed to telecommute. There is an existing way which would allow

her the remote access she would need to do her job as their accountant. She has requested this

remote access multiple times, and that request is being denied. Her boss doesn’t wasn’t to deal

with any possible inconvenience of her not being there to answer her questions.

In addition, multiple employees are regularly coming into the office, are entering her office, and

are disturbing the paperwork on her desk. She’s tried to request the other employees to not do

this, but they and her boss persist.

She has requested that a schedule be followed for when other employees will be in the office, but

this is being ignored because “they just need to pop in for a few minutes.” or “I’m going to stay

6′ away so it’s not a big deal.”

She is afraid of going into the office, but if she refuses she feels she will be fired. She’s having to

choose between her job and risking her life.

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What can we do?

Answer: While Hays County sincerely hopes that all employers are conforming to COVID Order

#3, as well as all orders put in place by Governor Abbott, Hays County is not in a position to

dictate what a private employer may or may not require of their employees. If you feel like you

have a legal issue, Hays County would suggest you contact an attorney of your choosing in order

to consult with them about your issue or concerns.

5. Is all Commercial Construction considered essential? For example commercial

playground or recreational structure construction that is part of a larger project.

Answer: All residential and commercial construction is considered an Essential Business under

COVID Order #3, Section 4, paragraph ii. However, such companies should implement

precautions to protect employees and all activity shall be performed in compliance with social

distancing guidelines in Exhibit A of the Order. If applicable, construction sites should limit site

visitation to a single trade at one time in order to maintain social distancing standards.

6. Just found out that San Marcos Premium outlets will open on Monday, due to they are

considered Essential and do not have to follow the Stay at Home? Mind you the store or

some of the stores will be closed but the office, food court, Vitamin World and Scrubs

will be operating but how are they except???Shopping at the outlet mall is not essential

and the mall attracts MANY shoppers from All over….Never local…really, there is data

to back that up. I saw your FB post on clarification of what is essential and not and I dont

connect the lines. Please explain. Thank You for your hard work and continued support

and helpful information.

Answer: Some stores in the outlet malls can be considered Essential Businesses under COVID

Order #3, Section 4. While it would be impossible for Hays County to evaluate each store

located in the outlets, we can address some of the specific stores you’ve mentioned. For example,

you mention the food court. Restaurants and other facilities that prepare and serve food, but only

for delivery or carry out are considered Essential Businesses under Section 4, paragraph iv.

While Vitamin World wouldn’t be considered a pharmacy, they do provide essential vitamins

needed for the health and well-being of the public; therefore, they would likely be considered a

related healthcare service under Section 4, paragraph i. Likewise, Scrubs appears to be a business

which provides medical supplies and proper attire for those involved in the medical field. As

such, a business like Scrubs would be considered an Essential Business, as they are a supplier to

healthcare operations. Other businesses may not be considered Essential, and each business

should carefully consider its qualification under COVID Order #3.

7. I am the custodial parent of my daughter and she is currently with me. Her dad has

standard visitation (every Thursday and every other weekend) and lives nearby. What is

the recommendation for visitation?

Answer: COVID Order #3 does not have any effect on custody arrangements. As stated in

Section 1, the Order does not prohibit the gathering of the members of a household. In the case

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of child custody, a court has decided the custodial arrangement of two households that share

supervisory responsibility of children. That may continue, despite the Stay at Home order.

8. I received a call today asking why Cabelas is opened? How do they qualify as an

essential business?

Answer: While Cabela’s offers an assortment of goods and services, their goods do include food

products, pet food, and pet supplies. Cabela’s also prepares and serves food for take-out. These

goods and services qualify Cabela’s as an Essential Business under COVID Order #3, Section 4,

paragraphs iii and iv.

9. I have my own landscape company and was wondering if it falls under the essential

workers/business category? We do maintenance as well.

Answer: Lawn and property maintenance are considered essential services necessary to maintain

essential operations of residences or other Essential Businesses under COVID Order #3, Section

4, paragraph vi. Therefore, it sounds as though your company would be qualified as an Essential

Business.

10. please, there are many of us college students who have lost their jobs and can’t pay our

rents in the 1st. We have received 979 signatures from San Marcos residents who are

trying to show that we need time to pay our rent! We have no jobs right now. MY

QUESTION: why are San Marcos residents having to pay bills when this city has is on

lockdown?

Answer: In the context of the Local Disaster Declaration related to COVID-19, Hays County

does not have the authority to regulate the financial decisions of other public or private entities.

11. I own a Vape Store in San Marcos. We have Vape Juice, and the delivery systems for

the Vape juice. Along with CBD and Kratom. It has been Deemed that Vapor Stores are

non essential.I have had customers call me, text me and email me About being open

today. We have been observing all the Guidelines put forth. we wear gloves, wipe down

the doors every time a customer leaves the shop with antiseptic wipes. Wipe down our

credit card machine, have the customers process their own credit cards, clean the

countertops with antiseptic wipes, and even wipe down the chairs and have offered to the

customer curbside delivery, maintain Social Distances. Several have said that they

would just have to go back to smoking if they could not get their vape product. We also

sell CBD that is used for Health Reasons.

Answer: Your diligence in establishing CDC standards at your shop is appreciated. However, a

Vape Shop is not included in the description of Essential Businesses of COVID Order #3. Keep

in mind that the Order is a “Stay at Home, Work Safe” order. In other words, it is not an order to

close businesses. It is an order to stay home and avoid the risks outside the home, unless a

person is participating in an Essential Activity.

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12. The Optometrist near me is still seeing routine visits and other non-urgent visits under the

pretense that if the patient feels the need to be seen sooner, than she will see them. Is this

against the stay at home order?

Answer: Under COVID Order #3, Section 4, paragraph i, essential healthcare operations are

considered Essential Businesses; however, the Order is clear that elective medical procedures

ARE NOT considered essential and therefore should not be occurring.

13. A builder at a new home development is advertising that they are open to go see their

homes. Is that allowed?

Answer: While, residential and commercial construction is considered an Essential Business

under COVID Order #3, Section 4, paragraph ii, if someone is traveling to the homes currently

being built simply to look at them, such travel would not constitute an Essential Activity under

COVID Order #3, Section 3.

14. We are a Daycare Facility in Hays county. I have 2 questions in regards to the 3rd order

issued by Judge Becerra, the on that is currently in effect. First, my interpretation of the

order is that we can provide services only to parents who are employees of Essential

Businesses, and not to parents who are not employees exempted under the order as

Essential. To be clear, if we have a parent who is working from home for a non-essential

business but having trouble working because they need to care for their children, would

they be able to bring their child to the child care facility in order to allow them to work at

home? Second, I want to ensure that we are %100 compliant. Our address is 2381 Bebee

Rd. When getting permits recently for converting to commercial, all permits were

through the county, the city of Kyle specifically said we were not in their jurisdiction. For

purposes of this order, we are under county not municipality jurisdiction, correct?

Answer: Under COVID Order #3, Section 4, paragraph viii, childcare facilities are only

exempted if they are providing services that enable employees exempted in the Order to work as

permitted. Your interpretation of the Order is correct, as a childcare facility should only be

providing services to employees exempted in the Order. When searching your business address,

it appears that your address falls just outside of the city limits of the City of Kyle. In an

abundance of caution, we recommend you inquire with the City of Kyle as well.

15. (1). Section 3(v) states we can travel to care for a family member or a pet in another

household. What about “significant others”? Can we travel to take care of them? Do

unmarried couples qualify under Texas Law as “family”?Can I travel to care for the pet

of someone outside of my “family” membership?(2). Section 4(ii) lists Essential Critical

Infrastructure that is exempted from this Order. Natural gas pipelines are not included in

the list. Can we assume you are forbidding all construction activities on pipelines in Hays

County until April 10th?(3). Section 5 – I am exceedingly disappointed that the “citizens”

are not included in your list of “Essential Governmental Functions.” (that’s not a question

– just a comment).

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Answer: A significant other and unmarried couples would qualify as family members under

COVID Order #3, Section 3. You may travel to take care of a pet at another household, even if

that household is not a family member, as that travel would still be considered an Essential

Activity under Section 3. COVID Order #3, Section 4, paragraph ii does list work necessary to

the operations and maintenance of critical infrastructure sectors to include gas.

16. How will monthly probation meeting work with the stay -at – home?

Answer: Under COVID Order #3, Section 5, Essential Government Functions that provide for

the health, safety, and welfare of the public shall continue. However, it is up to each

governmental body to determine which functions are essential. Please make sure to contact your

probation officer directly to determine what action is most appropriate for you, as it is likely their

office has made significant changes due to COVID-19. If you cannot locate your probation

officer’s direct phone number, the main number to the Hays County Community Supervision and

Corrections Department is (512) 353-5892.

17. My clarification that I need is… childcare providers shall remain solely with one group of

children and not change groups. Does this mean it has to be the same staff all day with no

break or can we, as long as it’s always the same 2 staff, have one staff work 7-1 and a

second staff work 1-6.

Answer: Under COVID Order #3, Section 4, paragraph viii, childcare providers shall (among the

other requirements) remain solely with one group of children and not change groups. Therefore,

it would be permissible for you to have a shift change with one shift going home as another shift

arrives, so long as those staff members aren’t leaving one group of children to move onto another

group of children. Please note that several municipalities have instituted stronger regulations on

childcare services than what are in place under COVID Order #3, so if you use a childcare

facility located within a municipality in Hays County, please contact the municipality directly to

determine if any more stringent regulations are in place.

18. How are we supposed to be handling visitation during the shelter in place? We obviously

want to follow the order and keep everyone safe and healthy.

Answer: Our answer to this question would vary widely, depending on what type of visitation to

which you are referring (e.g. custodial visitation of children, jail visitation, nursing home

visitation, etc.). Please email us back with more information so that we can address your concern

fully.

19. My wife and I own an Indoor Baseball/Softball facility. Earlier this year we completed an

outdoor turf baseball field that is adjacent to our building. I fully understand and agree

that my indoor facility cannot be open or operating but was wanting to know if I could

allows families to rent out the field so they can get outside and run around, hit ground

balls, throw the baseball, hit the baseball, etc. I wanted to offer our field at a discount

knowing this is crazy times for everyone but wanting to also help the community of

families with children who want to get outside and have some sort of normalcy with each

other. The gentleman on the phone with the county told me this would be considered

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essential business for using the field as we are offering wellness activities with the

understanding that we still abide by the 6 ft rule for social distancing and minimize the

amount of people that are there at one time. I am looking to get a written approval to be

able to operate the use of the field while keeping the indoor facility locked up so no one

is allowed inside.

Answer: The gentleman you spoke to on the phone is correct. Under COVID Order #3, Section

3, a family could engage in outdoor recreational activities, provided that they comply with social

distancing requirements of six feet, as that activity would be considered an Essential Activity.

20. Here is a screen shot of another drive in opening after being closed. We took a huge hit

refunding hundreds of dollars today. My employees can’t work, and it’s very sad. Please

consider us to open as lots of Drive In Theaters are staying open because people sit in

their own car.

Answer: Currently, a Drive-In Theatre is not included in the description of Essential Businesses

of COVID Order #3. Keep in mind that the Order is a “Stay at Home, Work Safe” order. In other

words, it is not an order to close businesses. It is an order to stay home and avoid the risks

outside the home, unless a person is participating in an Essential Activity. We agree that one

aspect of a Drive-In Theatre, remaining in vehicles while viewing a film, does not present

significant risk. However, most modern venues have common areas, dining areas, public

restrooms, and other spaces in which community spread of the virus could occur. A future Order

that permitted this activity would have to consider those risk factors.

March 27, 2020

1. Can I continue to drive with my teen daughter for driving lessons if we are not getting out

of the car anywhere?

Answer: While you are encouraged to stay at home, you and your daughter are welcome to

continue driving lessons if you are engaging in any Essential Activity, as detailed in COVID

Order #3, Section 3. Those Essential Activities include things such as: obtaining medical

supplies or medication, visiting a health care professional, or obtaining supplies needed to work

from home; obtaining food, pet supplies, household consumer products, etc.; caring for a family

member or pet in another household; performing or obtaining services from Essential Business;

and returning home from or to another jurisdiction.

2. Our neighborhood held a “car parade” last weekend where we followed each other in cars

through the neighborhood honking and waving to everyone who was on their porch. No

one left their vehicles. It brought so much joy. We had planned to do it again this

Saturday. Is this something we can continue with the new stay at home order? Thanks for

your time.

Answer: It doesn’t sound as though the car parade qualifies as an Essential Activity under

COVID Order #3, Section 3. Therefore, individuals should not leave their residence to perform

such activity, unless it is coincidental to an Essential Activity, as described in Section 3.

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3. I live in my van by myself and sometimes park at Walmart. If I am asked to move, and I

drive to another parking lot during non-curfew hours, will I be arrested, ticketed or fined?

Answer: Pursuant to COVID Order #3, Section 6, paragraph iv, individuals experiencing

homelessness are exempt from the Order. Meaning, if you are homeless, you are not required to

comply with the Stay at Home, Work Safe Order. However, the Order does state that you shall

try to maintain social distancing of at least six feet from other people. You are also strongly

encouraged to obtain shelter, where it is available.

4. My fiancé and I were suppose to get married on April 4th in Hay’s county, but now with

this new order we know that we have to change some things. We were wondering if we

could still hold our ceremony on April 4th with just immediate family (parents and

siblings) at our private venue that is on around 30 acres of land. Our officiant is my

fiancés father so there will literally just be family there. We are planning on coming back

when all this craziness is over to have a reception party, but we would really love to at

least get married at this venue on our date.

Answer: Generally, weddings are not permitted to be held under COVID Order #3. However, if

your wedding is limited to members of your household on your family’s residential property,

then it could be in compliance with the “Stay at Home, Work Safe” Order, which requires you to

remain upon your residential property. Importantly, this does not mean that extended friends and

family should attend the ceremony, as that would create a situation that defeats the purpose of

the Order. If that is your intention, then you should consider postponing the ceremony until the

Local Disaster Declaration has been lifted and COVID Order #3 has been rescinded.

5. Would you please provide a list of Essential and Non-essential jobs that apply to the

emergency order by Hays County to Stay at Home?

Answer: A full list of Essential Businesses is included in COVID Order #3, Section 4. Hays

County is currently working on a shorter, more condensed flyer that will assist you in

determining whether a business is considered an Essential Business. Some more popular

categories of Essential Businesses include: healthcare operations (including veterinary care),

construction operations, airport operations, water, sewer, gas, electrical, oil refining, public

transportation, solid waste collection and removal, internet, telecommunications, grocery stores,

hardware stores, restaurants that provide drive-through and take-out options only, childcare

services, auto repair, banks, news media, plumbers, electricians, mail services, legal services,

accounting services, hotels and motels, video religious services, etc.

6. We’re getting some questions from viewers asking if it’s okay to go to Starbucks or get a

car wash with the stay-at-home order. Is that still allowed or would they get ticketed?

Answer: Food services that prepare and serve food, but for only delivery and carry out are

considered Essential Businesses under COVID Order #3, Section 4, paragraph iv. Therefore, you

are permitted to travel to and from Starbucks, as it would be considered an Essential Business.

Gas Stations are considered Essential Businesses under COVID Order #3, Section 4, paragraph

ix. Therefore, if a gas station has a car wash that remains open, you are permitted to utilize such

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car wash facility. If the car wash is not at a gas station, it is likely still exempted under Section 4,

paragraph ix, as long as patrons remain in the vehicle or the business is conducted in such a

manner that people are not gathered in one place, particularly inside, while waiting on the

attendant to complete their work.

7. If a person is homeless if not residing in a hotel, and cannot go to work to pay the hotel

fee, can they be evicted which would essentially make them homeless. The attached

states that homeless people need to seek shelter which they have in the hotel.

Answer: Pursuant to COVID Order #3, Section 6, paragraph iv, individuals experiencing

homelessness are exempt from the Order. Meaning, if you are homeless, you are not required to

comply with the Stay at Home, Work Safe Order. However, the Order does state that you shall

try to maintain social distancing of at least six feet from other people. You are also strongly

encouraged to obtain shelter, where it is available. There is a difference between the words

“need” and “strongly urged.” Homeless individuals are not being “ordered” to seek shelter.

8. I operate a business that I believe falls under the Essential Business designation and

would like to obtain confirmation of this designation to make sure that we stay in

compliance with the new ordinance. My Business falls under the convenience store

designation / definition. We offer food, sodas, snacks, gum. energy drinks, bottled water,

chips, a large variety of office supplies, Laser Toner Cartridges, Ink Jet

Cartridges, writing tablets, Wite-out, copy paper, paper clips, post notes, rulers, staples,

assorted ballpoint pen options, colored pencil lead, assorted color paper, assorted textured

paper, bubble mailers in different sizes, card stock, mailing envelops, self-adhesive

fasteners, replacement ink carts for calculators and adding machines, paper for

calculators / adding and adding machines, staple removers, ethernet cables, hanging file

folders, recordable storage devices, stickers, cbd wellness products, dog food and pet

treats, vape and other products.

Answer: Yes, you are correct that your business falls under the convenience store definition.

Pursuant to COVID Order #3, Section 4, paragraph iii, grocery stores, warehouse stores, big-box

stores, liquor stores, gas stations and convenience stores, and/or farmers’ markets that sell food

products, household staples, office supplies, and hardware are considered Essential Businesses.

9. I read through the 3rd order related to COVID-19 and found a glaring

oversight. Veterinary medicine should be specifically included in the list of essential

businesses.

Answer: COVID-Order #3, Section 4, paragraph i, defines Essential Healthcare Operations to

include veterinary care and all health and welfare services provided to animals.

10. Is a business that is in a wear house that sells online and ships and distributes fabric,

thread, quilting supplies for hobbyists an essential business? They have decided to stay

open due to section 4-vi. They say that since we are a shipping and distribution company,

we are allowed to stay open. Is this section only referring to shipping and distribution

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for What had previously been deemed an “essential business” or any company that ships

and distributes non-essential items?

Answer: Warehouse stores that are suppliers of household staples are considered Essential

Businesses under COVID Order #3, Section 4, paragraph iii.

11. Are parents that work at loan company part of the essential employees. But what if a

child has grandparents that watch them and the children live with them. Are the children

still able to come back to day cares.

Answer: Consumer lenders, and sales and finance lenders are considered financial institutions

that qualify as an Essential Business under COVID Order #3, Section 4, paragraph x. Under the

Order, childcare facilities may provide services to any individual that is an employee of such

Essential Business. However, several municipalities have instituted stronger regulations on

childcare services than what are in place under COVID Order #3, so if you use a childcare

facility located within a municipality in Hays County, please contact the municipality directly to

determine if any more stringent regulations are in place.

12. Is this something Hays County can help provide? A letter is needed for a resident to keep

their child’s placement at group home.

Answer: Providing letters do not fall within the parameters of the authority vested in Hays

County Officials; however, pursuant to COVID Order #3, Section 4, paragraph xvii, Residential

facilities and shelters for seniors, adults, children and animals (including students who have no

other option but to remain on campus at a lower or higher educational institution) are considered

Essential Businesses and are thus permitted to perform their services.

13. My girlfriend does not have a stable internet connection at her place of residence, and due

to Texas State’s Online classes, she may have trouble accessing classwork. Would it be

against the order for her to work on her homework at my place of residence, where I do

have a stable internet connection?

Answer: Distance Education is referenced in and supported by COVID Order #3, Section 4,

paragraph xiv. While it does not reference a person leaving a residence to find internet access, it

is reasonable that your girlfriend would need to travel somewhere to achieve those ends, and

your residence is probably a much better location for maintaining social distancing and achieving

the goals of COVID Order #3 than, for instance, the university library or other similar venues.

14. I was wanting to know about the pet care industry is it considered essential?

Answer: COVID-Order #3, Section 4, paragraph i, defines Essential Healthcare Operations to

include veterinary care and all health and welfare services provided to animals.

15. I have received two or three phone calls from parents who are telling me that daycare

centers are forcing them to pay tuition even though the parents do not need the daycare

due to the stay at home order. They are telling them that their child is not guaranteed a

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spot back in their daycare center if they do not pay. Is there anything that the county can

do?

Answer: While COVID Order #3, Section 4, paragraph viii qualifies childcare facilities

providing services that enable employees exempted in the Order to work as permitted, the

County does not have the authority to regulate the financial decisions of individual childcare

facilities.

16. Hello, would a senior graduation photo shoot on Texas state campus (outside only) be

permissible during the stay at home order?

Answer: Photographers and photography sessions have not been deemed as Essential Activities

or Essential Businesses under COVID Order #3, therefore such services should not be provided

during the pendency of COVID Order #3.

17. Hello! I’m a wedding officiant and I perform many weddings in Hays County–and my

understanding of both Hays and Travis county shelter in place orders is that I should not

be traveling to wedding ceremonies. Is this true? Am I allowed to marry couples in my

front yard? if it’s just me and them & we stay 3 feet away? My couple already has their

license….I am most concerned because (removed name) has closed their office but is

keeping their restrooms and changing rooms open and telling couples they can use them

so I have a couple who wants to still travel from Houston on April 5th to get married. I

don’t want to violate the law but its hard if the venue is staying open to say no. Can you

give me some clarity on the shelter in place? Can we travel there if we stay 6 feet apart?

Can someone contact (removed name) and require them to close down as they are

violating orders?

Answer: COVID Order #3 is a directive to Stay Home unless a person is traveling for certain

Essential Activities. Attending or participating in a wedding that is not located at one’s own

residential property is in violation of COVID Order #3. Venue owners that encourage violation

of COVID Order #3 will be subject to the same penalty as anyone participating in that

unpermitted activity.

18. Is Fat Quarter Shop considered Essential Business? If yes, how is it considered to be

Essential?

Answer: If Fat Quarter Shop is a warehouse store that supplies household staples, it would be

considered an Essential Businesses under COVID Order #3, Section 4, paragraph iii.

19. I am the owner of the (removed name) Golf Course. I am hopeful the course can stay

open based on section 3 (iii) of the order regarding recreational activities. We have met

all the requirements about spacing and sanitization and will do so also with the new

order. Below are two articles about courses staying open in San Antonio and Travis

County. We will adhere to all CDC, State, and local requirements. I am requesting that

the Golf Course remain open, conditioned upon meeting all CDC, State, and local

requirements.

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Answer: While golfing does qualify as an Essential Activity (as long as it can be done while

maintaining standards for social distancing), the ancillary services and activities at a golf club

would each need to be examined separately for compliance. For instance, the golf club restaurant

must offer take-out food only, and the gift shop, golf shop, spa, and/or gym would not qualify as

Essential Businesses. If the course owner can achieve a way to allow golfers to participate in this

outdoor activity without causing the ancillary services to violate COVID Order #3, then it would

be permissible.

rd ORDER RELATED TO COVID-19 BY HAYS COUNTY JUDGE RUBEN

BECERRA

“STAY AT HOME, WORK SAFE”

WHEREAS, on March 13, 2020, a Declaration of State of Disaster was issued by Governor

Abbott to take additional steps to prepare for, respond to, and mitigate the spread of COVID-19

to protect the health and welfare of Texans; and

WHEREAS, On March 15, 2020, a Declaration of Local Disaster was issued by the Hays

County Judge to allow Hays County to take measures to reduce the possibility of exposure to

COVID-19 and promote the health and safety of Hays County residents utilizing state and

federal resources made available with the declaration, which was continued for 120 days by the

Hays County Commissioners Court on March 16, 2020; and

WHEREAS, the COVID-19 virus is contagious and spreads through person-to-person contact,

especially in group settings; and

WHEREAS, the Centers on Disease Control and Prevention (“CDC”) recommends an “All of

Community” approach focused on slowing the transmission of COVID-19 through social

distancing to reduce illness and death, while minimizing social and economic impacts; and

WHEREAS, on March 19, 2020, Governor Abbott issued Executive Order GA 08 Relating to

COVID-19 Preparedness and Mitigation stating people shall avoid social gatherings in groups of

more than 10 people and closed all schools until April 3, 2020; and

WHEREAS, the County Judge’s previous Orders have not achieved the desired outcome in

combatting COVID-19, and since there have been 11 confirmed cases of COVID-19 within Hays

County and the threat of community spread of the disease within Hays County warrants this 3rd

Order;

WHEREAS, because of the risk of the rapid spread of the virus, and the need to protect the most

vulnerable members of the community, this “Stay at Home, Work Safe” Order requires all

individuals residing anywhere within Hays County to stay at home, with exceptions and

clarifications provided, below;

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NOW, THEREFORE, UNDER THE AUTHORITY OF TEXAS GOVERNMENT CODE SECTION

418.108, I, RUBEN BECERRA HEREBY ORDER AS FOLLOWS:

SECTION 1. STAY AT HOME, WORK SAFE.

Effective as of 11 p.m. on March 26, 2020, and continuing until 4 a.m. on April 10, 2020, all

individuals currently living within Hays County are ordered to stay at home at their place of

residence. For the purposes of this Order, residences include hotels, motels, shared rentals, and

similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all

times as reasonably as possible maintain social distancing of at least six feet from any other

person when they are outside their residence. All persons may leave their residences only for

Essential Activities, or to provide or perform Essential Governmental Functions, or to operate

Essential Businesses, all as defined below.

All businesses operating within Hays County, except Essential Businesses as defined in below in

Section 3, are required to cease all activities at facilities located within the County. For clarity,

businesses may continue operations consisting exclusively of employees or contractors

performing activities at their own residences (i.e. working from home). To the greatest extent

possible, all Essential Businesses shall comply with the Social Distancing Guidelines attached,

including maintaining six-foot social distancing for employees and the general public.

All public or private gatherings of any number of people occurring outside a single household or

living unit are prohibited, except as otherwise provided herein. Nothing in this Order prohibits

the gathering of members of a household or living unit.

SECTION 2. TRAVEL.

All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile,

or public transit is prohibited, except for purposes of Essential Activities or to perform or obtain

services from an Essential Business, Essential Governmental Function, or Critical Infrastructure,

as defined below. To the greatest extent feasible, people riding on public transit shall comply

with Requirements in Exhibit A.

SECTION 3. ESSENTIAL ACTIVITIES.

For purposes of this Order, individuals may leave their residence only to perform any of the

following “Essential Activities”:

i. 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 medical supplies or

medication, visiting a health care professional, or obtaining supplies needed to work from home).

ii. 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 supplies, and

any other household consumer products, and products necessary to maintain safety, sanitization,

and essential operation of residences).

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iii. To engage in outdoor recreational or fitness activity, provided the individuals comply with

social distancing requirements of six feet (for example, walking, biking, hiking, or running).

iv. To perform work providing essential products and services at an Essential Business or

Essential Governmental Functions, or to otherwise carry out activities specifically permitted in

this Order.

v. To care for a family member or pet in another

vi. To perform or obtain services from an Essential Business, or from an Essential Government

Function, as defined in this Order.

vii. To return home from or to another jurisdiction.

SECTION 4. ESSENTIAL BUSINESSES.

For purposes of this Order, “Essential Businesses” means:

i. Essential Healthcare Operations. 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 health and welfare

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, dental, or

scanning procedures.

ii. Essential Critical Infrastructure. Work necessary to the operations and maintenance of the

critical infrastructure sectors, including public works construction, residential and commercial

construction, airport operations, 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), financial

institutions, defense and national security-related operations, essential manufacturing operations

provided that they carry out those services or that work in compliance with social distancing

requirements of six feet, to the extent possible. Essential Businesses providing Essential Critical

Infrastructure should implement precautions to protect employees and all activity shall be

performed in compliance with social distancing guidelines attached hereto. Construction sites

should limit site visitation to a single trade at one time in order to maintain social distancing

standards.

iii. Grocery Stores and Other Suppliers. Grocery stores, warehouse stores, big-box stores,

liquor stores, gas stations and convenience stores, and/or farmers’ markets that sell food

products, household staples, office supplies, hardware (e.g. electrical, plumbing, etc.), or

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suppliers of Essential Businesses or Essential Government Functions. Business that provide

products to those businesses, including farming, fishing, and livestock. Businesses that ship or

deliver groceries, food, goods or services directly to residences.

iv. Food Services. Restaurants and other facilities that prepare and serve food, but only for

delivery or carry out. Schools and other entities that typically provide free services to students or

members of the public on a pick-up and take-away basis only. Businesses that ship or deliver

groceries, food, goods or services directly to residences. The restriction of delivery or carry out

does not apply to cafes and restaurants located within hospital and medical facilities, except that

all activity shall be performed in compliance with social distancing guidelines attached hereto.

v. Providers of Basic Necessities to Economically Disadvantaged Populations. Businesses

that provide food, shelter, and social services, and other necessities of life for economically

disadvantaged or otherwise needy individuals.

vi. Essential Services Necessary to Maintain Essential Operations of Residences or Other

Essential Businesses. Trash and recycling collection, processing and disposal, mail and shipping

services, building cleaning, lawn and property maintenance and security, warehouse/distribution

and fulfillment, trucking, storage for essential businesses, funeral homes, crematoriums and

cemeteries. Professional services, such as legal or accounting services, when necessary to assist

in compliance with legally mandated activities. Businesses that supply other essential businesses

with support or supplies needed to operate, including laundromats, dry cleaners, and laundry

service providers.

vii. News Media. Newspapers, television, radio, and other media

viii. Childcare Services. Childcare facilities providing services that enable employees

exempted in this Order to work as Except that the following practices shall be observed: 1.

Childcare must be carried out in groups of 10 or fewer children, each within the same group each

day. Children shall not change from one group to another, and groups shall not comingle. If a

facility cannot prevent comingling of more than one group of children, then that facility should

limit its total number of children to 10. Unless necessitated by overriding health and safety

considerations, childcare providers shall remain solely with one group of children and not change

groups. Please note that, pursuant to Section 6, subsection v, below, a municipality may provide

stricter guidelines than this subsection.

ix. Gas Stations and Businesses Needed for Transportation. Gas stations, automobile

dealerships, auto-manufacturing and assembly, auto-supply, auto repair, RV sales/repair, bicycle

sales/repair, and other related facilities. To the greatest extent possible, interaction with the

public should be provided outdoors or in open areas where social distancing and compliance with

Exhibit A may be maintained. Indoor activities should be limited to closing sales or other

transactions.

x. Financial Institutions. Banks and related financial institutions, consumer lenders, sales and

finance lenders, credit unions, appraisers, title companies.

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xi. Critical Trades. Plumbers, electricians, exterminators, pool cleaners, HVAC providers,

sign companies, and other service providers only to the extent that services are necessary to

maintaining the safety, sanitation, and essential operation of residences, Essential Activities,

Essential Businesses, Essential Government Functions, and Essential Critical Infrastructure,

including but not limited to utilities such as electricity, gas, water and wastewater, and other

public works. Critical Trades does not include discretionary maintenance or improvements.

xii. Real Estate Services. Services related to the marketing, sale, lease, or value of real estate,

including but not limited to real estate brokers, title companies, surveyors, and/or appraisers,

except that all activities shall be performed in compliance with Exhibit A.

xiii. Mail and Delivery Services. Businesses providing mailing and shipping services,

including post office boxes.

xiv. Certain Educational Activities. Educational functions, including those of public and

private K-12 schools, colleges, and universities, for purposes of distance education, temporary

closure or maintenance of facilities, performing critical research, or performing essential

administrative functions, provided that the Requirements in Exhibit A are maintained to the

greatest extent possible.

xv. Transportation. Airlines, taxis, and other private transportation providers (such as Uber

and Lyft) that provide transportation services necessary for the performance of Essential

Activities, Essential Businesses, Critical Infrastructure, and/or Essential Government Functions.

xvi. Home-Based Care and Services. Home-based care for seniors, adults, or children,

including caregivers who may travel to provide care.

xvii. Residential Facilities and Shelters. Residential facilities and shelters for seniors, adults,

children and animals (including students who have no other option but to remain on campus at a

lower or higher education institution).

xviii. Professional Services. Professional services, such as legal services, accounting services,

or insurances services, only to the extent that the activity has been ordered to continue by a state

entity (such as Office of Court Administration), or to the extent that service can be provided in

compliance with Exhibit A.

xix. Information Technology Services/Telecommunications Services. IT and IT services

and their essential services vendors, including the provision of essential global, national, and

local infrastructure for computing services, business infrastructure, communications, web-based

services, and critical manufacturing, as well as telecommunications sales and services, internet

access and broadband/communications services.

xx. Moving Services. Businesses that provide residential and/or commercial moving services

and necessary moving supplies.

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xxi. Hotels and Motels. Hotels and motels, to the extent used for lodging or carry-out food

services, but not for use of amenities such as swimming pools, saunas, or spas.

xxii. Religious Services. Religious and worship services may only be provided by video and

teleconference. Religious institutions must limit in-person staff to ten (10) people or less when

preparing for or conducting video or teleconference services, and all individuals must follow the

Social Distancing Guidelines including the six foot social distancing rule. Other church

functions, including administrative, shall follow the guidelines in Exhibit A.

xxiii. Funeral Services. Funeral, mortuary, cremation, burial, cemetery, and related services,

provided that social distancing of six feet per person is maintained to the greatest extent possible.

SECTION 5. ESSENTIAL GOVERNMENT FUNCTIONS

All 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 shall continue.

Further, nothing in this order shall prohibit any individual from accessing “Essential Government

Functions.” Each government body shall determine its Essential Government Functions and

identify employees and/or contractors necessary to the performance of those functions, including

but not limited to support services such as Chambers of Commerce, non-profit support services,

and the like. To the extent feasible, all Essential Government Functions shall be performed in

compliance with the Requirements in Exhibit A. This Order does not apply to the Federal or

State Government.

SECTION 6. ADDITIONAL ORDERS

i. Quarantine. If someone in a household has tested positive for COVID-19, the entire

household is ordered to isolate at home. Members of the household cannot go to work, school, or

any other community function. Any person who displays symptoms of COVID-19, including

fever, shortness of breath, or dry cough should refrain from leaving home and call the COVID-

19 Hotline at (512) 393-5525.

ii. Elder Care Facilities. Nursing homes, retirement, and long-term care facilities are

instructed by this order to prohibit non-essential visitors from accessing their facilities unless to

provide critical assistance or for end-of-life

iii. Curfew. Unless conducting or traveling to or from an Essential Activity, work at an

Essential Business, or work at an Essential Governmental Function, members of the public shall

remain at their residential properties between the hours of 11 p.m. and 4 a.m.

iv. Homelessness. Individuals experiencing homelessness are exempt from this Order except

that, to the extent individuals are using shared or outdoor spaces, they shall, to the greatest extent

feasible, maintain social distancing of at least six feet from any other person, consistent with the

Social Distancing Requirements, as defined in Exhibit A. Individuals experiencing homelessness

are strongly urged to obtain shelter, where it is available.

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v. Prior Orders. This Order, at the time and on the date for commencement of this Order cited

in Section 1, above, shall replace the County Judge’s 2nd Order, executed on March 19, 2020;

and shall be applicable on a County-wide basis, except that a more restrictive order duly-

authorized by municipal government within a city’s corporate limits shall control within that

municipality.

vi. Penalty. The Hays County Sheriff’s Office, Hays County Constables’ Offices, the Hays

County Fire Marshal’s Office, and other peace officers, are hereby authorized to enforce this

order, within their discretion. A person who willfully disregards or conspires to willfully

disregard this order is considered to have violated an order authorized by Chapter 418 of the

Texas Government Code and is subject to a fine of up to $500 for each violation

vii. Notice to Public. This Order shall be widely advertised to help accomplish the public

health and safety objectives of the Hays County Local Health Department. Concerns or questions

may be directed to [email protected].

ORDERED this the 25th day of March, 2020.

EXHIBIT A

Hays County Local Health Department Social Distancing Recommendations

1.) Vulnerable Populations: Limit or Eliminate Time Outside the Home

• o Vulnerable populations include people who are:

▪ 60 years old and older; ▪ People with certain health conditions such as heart disease, lung disease,

diabetes, kidney disease, and weakened immune o For vulnerable populations, don’t go to public places unless it is essential. Find ways to

telecommute. Avoid contact with people. • 2.) Workplace and Businesses: Minimize Exposure

o Suspend nonessential employee travel. o Prohibit employees from working within six feet of one another, unless necessary to

provide continuity of services. o Minimize or cancel in-person meetings and conferences. o Require sick employees to stay home without providing a doctor’s note and maximize

flexibility in sick leave o Utilize telecommuting options and alter schedules so that employees may be present at

the workplace on different shifts and at different times. o Sanitize common work spaces regularly, especially between shifts or after departure of

one group of patrons or employees. o Ensure that queuing inside and outside of businesses or workplaces maintains a 6-foot

separation between patrons and make efforts to minimize the number of people within one space to 10 or less.3.) Public Settings: Clean, Sanitize, and Prevent Contact

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▪ To the extent it is possible, doors should be automated or propped open to allow public access to areas without repeated contact by members of the public.

▪ Hand sanitizers, wipes, and other cleaning supplies should be provided at or near points of public contact, including but not limited to shopping carts, debit/credit card readers, and bathrooms.

▪ Daily cleaning and/or cleaning between business hours or shifts is essential.