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Gov. Abbott lifts mask mandates, increases business capacity to 100%

Thursday, March 4, 2021
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Tuesday afternoon Governor Greg Abbott issued an Executive Order (GA-34) lifting the mask mandate in Texas and increasing capacity of all businesses and facilities in the state to 100 percent effective at 12:01 a.m. Wednesday, March 10.

“With the medical advancements of vaccines and antibody therapeutic drugs, Texas now has the tools to protect Texans from the virus,” said Governor Abbott. “We must now do more to restore livelihoods and normalcy for Texans by opening Texas 100 percent. Make no mistake, COVID-19 has not disappeared, but it is clear from the recoveries, vaccinations, reduced hospitalizations, and safe practices that Texans are using that state mandates are no longer needed. Today’s announcement does not abandon safe practices that Texans have mastered over the past year. Instead, it is a reminder that each person has a role to play in their own personal safety and the safety of others. With this executive order, we are ensuring that all businesses and families in Texas have the freedom to determine their own destiny.”

This executive order rescinds most of the Governor’s earlier executive orders related to COVID-19.

Effective next Wednesday, all businesses of any type may open to 100% capacity. Additionally, this order ends the statewide mask mandate in Texas. Businesses may still limit capacity or implement additional safety protocols at their own discretion.

According to Gov. Abbott’s order, if COVID-19 hospitalizations in any of the 22 hospital regions in Texas get above 15% of the hospital bed capacity in that region for seven straight days, a County Judge in that region may use COVID-19 mitigation strategies.

However, County Judges may not impose jail time for not following COVID-19 orders nor may any penalties be imposed for failing to wear a face mask. If restrictions are imposed at a county level, those restrictions may not include reducing capacity to less than 50 percent for any type of entity.

According to Abbott’s order, nothing in the executive order precludes businesses and other establishments from requiring employees or customers to follow additional hygiene measures, including wearing a face mask.

Nursing homes, state supported living centers, assisted living facilities, and long term care facilities should follow guidance from the Texas Health and Human Services Commission regarding visitations, and should follow infection control policies and practices set forth by HHSC, including minimizing the movement of staff between facilities whenever possible.

Also, public schools may operate as provided by, and under the minimum standard health protocols found in, guidance issued by the Texas Education Agency. Private schools and institutions of higher education are encouraged to establish similar standards.

County and municipals jails should follow guidance from the Texas Commission on Jail Standards regarding visitations.