Government responses to and political effects of the coronavirus pandemic, 2020 (Texas)

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Ballotpedia’s coverage of COVID-19 includes how federal, state, and local governments are responding, and how those responses are influencing election rules and operations, political campaigns, the economy, schools, and more.

This article contains coverage of eight kinds of state government responses to the coronavirus pandemic in 2020. The article tracks developments in these areas that took place between the start of the pandemic in March 2020 through Dec. 4, 2020. The government responses covered here include:

• Changes to election dates and procedures in 2020
• Initial stay-at-home orders
• Executive orders
• Coronavirus-related legislation in 2020
• Changes to the state's 2020 legislative session
• Court closures
• The release of inmates
• Rent, mortgage, eviction, and foreclosure policies

Additionally, the article includes:

• Arguments related to the state's response to the coronavirus
• Individual industries and activities from May 15 through July 31
• The state's initial plan to reopen from March and April 2020 closures
• Coronavirus resources relevant to the state.

To view current coverage areas, including mask requirements, school responses, travel restrictions, and much more, click a state in the map below.

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Changes to election dates and procedures, March 16 through November 19

See also: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

General election changes

Texas modified its absentee/mail-in voting, candidate filing, and early voting procedures for the November 3, 2020, general election as follows:

• Absentee/mail-in voting: Local election officials could not reject an absentee ballot due to a perceived signature mismatch unless the voter was given a pre-rejection notice of this finding and a "meaningful opportunity to cure his or her ballot's rejection." Return locations for absentee/mail-in ballots were limited to one per county.
• Candidate filing procedures: The petition deadline for independent candidates for non-presidential office was extended to August 13, 2020.
• Early voting: Early voting began on October 13, 2020.

For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.

Primary election changes

Texas modified its primary election process as follows:

• Election postponements: The primary runoff elections were postponed from May 26 to July 14.
• Political party events: The Republican Party of Texas convention, scheduled for July 16-18 in Houston, was cancelled. The party conducted its convention online.

For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.

Click the gray bar below for more detailed information.

• Texas election changes (click to expand)

  October 30, 2020: Federal appeals court reinstates mask-mandate exemption for polling places

  On October 30, 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit overturned a lower court's order requiring in-person voters to wear face coverings at the polls.

  Judges Priscilla Richman, W. Eugene Davis, and Leslie Southwick ruled unanimously on the matter, writing in their unsigned opinion, "A change in the election rules at this point alters the status quo[.] … [Gov. Greg Abbott's (R) and Secretary of State Ruth Hughs'] unrebutted evidence establishes that changing the election rules in the midst of voting would create disparate treatment of voters, and significant confusion and difficulty for voters and poll workers."

  October 28, 2020: Federal judge invalidates mask-mandate exemption for polling places

  On October 28, 2020, Judge Jason Pulliam, of the U.S. District Court for the Western District of Texas, temporarily invalidated an exemption for polling places in Governor Greg Abbott's (R) statewide mask mandate.

  On July 2, 2020, Abbott issued Executive Order GA-29, which generally required individuals to wear face coverings "when inside a commercial entity or other building or space open to the public, or in an outdoor public space, where it is not feasible to maintain six feet of social distancing." The order exempted individuals who were "voting, assisting a voter, serving as a poll watcher, or actively administering an election." This exemption is referred to as Exemption 8.

  On July 16, 2020, the Texas State Conference of the NAACP and Mi Familia Vota sued, alleging Abbott did not "consider how the failure of potential carriers of the coronavirus to wear a mask could put other voters at serious risk merely for exercising their right to vote." Plaintiffs alleged that, because "Black, Latino, and Native American voters have been disproportionately affected by the pandemic," they "also face greater risks to their health by voting."

  On September 7, 2020, Pulliam dismissed the lawsuit, finding that, because the plaintiffs had not challenged a specific provision of the state's election laws, the court did not have jurisdiction over the matter.

  On October 14, 2020, the U.S. Court of Appeals for the Fifth Circuit partially affirmed Pulliam's ruling. The appellate court instructed Pulliam to reconsider the legality of Exemption 8. In his October 28 ruling, Pulliam said, "[This] court concludes its finding that the mask-mandate Exemption 8 is invalid and void does not 'materially or substantially affect the ongoing election,' and any disruption is outweighed by the racially discriminatory deterrent effect on Black and Latino citizens' fundamental right to vote."

  Abbott and Secretary of State Ruth Hughs (R) appealed the decision to the Fifth Circuit.

  October 27, 2020: Texas Supreme Court upholds governor's order limiting ballot return locations to one per county

  On October 27, 2020, the Texas Supreme Court upheld Governor Greg Abbott's (R) order restricting the number of absentee/mail-in ballot return locations to one per county.

  On October 14, 2020, Travis County District Court Judge Tim Sulak ruled against Abbott in a lawsuit challenging the governor's order. Sulak, a Democrat, said, "The limitation to a single drop-off location for mail ballots would likely needlessly and unreasonably increase risks of exposure to COVID-19 infections, and needlessly and unreasonably substantially burden potential voters’ constitutionally protected rights to vote, as a consequence of increased travel and delays, among other things." Attorney General Ken Paxton (R) appealed Sulak's decision to the Third District Court of Appeals, which affirmed the ruling. Paxton appealed again, this time to the state supreme court.

  The high court ruled unanimously in Abbott's favor. In an unsigned opinion, the court said, "[Abbott's order] provides Texas voters more ways to vote in the Nov. 3 election than does the Election Code. It does not disenfranchise anyone. The plaintiffs have not established a probable right to an injunction blocking [Abbott's order]. As a result, they were not entitled to a temporary injunction, and the trial court erred in granting that relief. The judgment of the court of appeals is reversed, and the temporary injunction issued by the trial court is dissolved."

  October 12, 2020: Federal appeals court upholds governor's order limiting ballot return locations to one per county

  On October 12, 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit unanimously upheld a directive by Governor Greg Abbott (R) restricting the number of absentee/mail-in ballot return locations to one per county. On October 9, 2020, Judge Robert Pitman of the U.S. District Court for the Western District of Texas, blocked Abbott's order, prompting Attorney General Ken Paxton (R) to file an emergency motion for a stay to block Pitman's order from taking effect. On October 10, 2020, the Fifth Circuit panel granted Paxton's motion. The Fifth Circuit's October 12 order extended that stay.

  The panel included Judges Don Willett, James C. Ho, and Stuart Kyle Duncan, all Donald Trump (R) appointees. Duncan wrote the following in the court's opinion: "Leaving the Governor's October 1 Proclamation in place still gives Texas absentee voters many ways to cast their ballots in the November 3 election. These methods for remote voting outstrip what Texas law previously permitted in a pre-COVID world. The October 1 Proclamation abridges no one's right to vote."

  October 9-10, 2020: Federal district court blocks governor's order limiting ballot return locations to one per county; federal appeals court reinstates governor's order

  On October 9, 2020, Judge Robert Pitman, of the U.S. District Court for the Western District of Texas, blocked Gov. Greg Abbott's (R) directive restricting the number of absentee/mail-in ballot return locations to one per county. In his order, Pitman wrote, "With no evidence that ballot return centers have jeopardized election integrity in the past, no evidence that they may threaten election integrity in the November Election, the State’s admission that multiple ballot return centers can be open on Election Day, and faced with assertions by the County Clerks that their ballot return centers operate in the same manner as central ballot return centers, the State has not shown that its regulatory interest in smooth election administration is 'important,' much less 'sufficiently weighty' to justify the burden it has placed on absentee voters in Texas." Pitman was appointed to the bench by Barack Obama (D).

  On October 10, 2020, Attorney General Ken Paxton (R) filed an emergency motion for a stay to block Pitman's order from taking effect. In a statement, Paxton said, "The district court's order undermines our election security, disrupts the democratic process, and will only lead to voter confusion. It cannot stand. Mail-in ballots are particularly vulnerable to fraud. Protections that ensure their security must be upheld and my office will continue to fight for safe, free and fair elections." Later that day, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit granted Paxton's motion, thereby reinstating Abbott's original order. The panel included Judges Don Willett, James C. Ho, and Stuart Kyle Duncan, all of whom were appointed to the bench by Donald Trump (R).

  October 1, 2020: Governor limits number of return locations for absentee/mail-in ballots to one per county

  On October 1, 2020, Governor Greg Abbott (R) issued a proclamation limiting the number of return locations for absentee/mail-in ballots to one per county. Abbott also directed county clerks to allow poll watchers to observe activity at return locations. The full text of the proclamation can be accessed here.

  September 28, 2020: Fifth Circuit appeals court stays lower court order that had reinstated straight-ticket ballot device

  On September 28, 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit temporarily stayed a lower court's order that had reinstated Texas' straight-ticket ballot device. The court further stayed the order on September 30, 2020, effectively ensuring that the straight-ticket ballot device would not appear on general election ballots in 2020.

  September 25, 2020: Federal judge reinstates straight-ticket ballot device

  On September 25, 2020, Judge Marina Marmolejo, of the U.S. District Court for the Southern District of Texas, issued an order enjoining state officials from enforcing legislation that had rescinded Texas' straight-ticket ballot option. Marmolejo wrote the following in her opinion: "The Court finds that HB 25 [the legislation eliminating the straight-ticket device], especially as exacerbated by the ongoing pandemic, places a greater than minimal burden on Texans' right to vote and right to associate." The full text of the opinion can be accessed here.

  September 8, 2020: Judge orders election officials to give voters the chance to correct ballots with perceived signature mismatches

  On September 8, 2020, Judge Orlando Garcia, of the U.S. District Court for the Western District of Texas, ordered Secretary of State Ruth Ruggero Hughs to advise all local election officials that it is unconstitutional to reject an absentee ballot due to a perceived signature mismatch unless the voter is given a pre-rejection notice of this finding and a "meaningful opportunity to cure his or her ballot's rejection." The full text of the order can be accessed here.

  July 27, 2020: Governor extends early voting in the November 3, 2020, general election

  On July 27, 2020, Governor Greg Abbott (R) issued a proclamation extending the early voting period for the November 3, 2020, general election by six days. Originally scheduled to begin on October 19, 2020, early voting would instead open on October 13, 2020. The full text of the governor's proclamation can be accessed here.

  July 18, 2020: Federal appellate court overturns district court ruling that had allowed Republican Party state convention to proceed in-person

  On July 18, 2020, the United States Court of Appeals for the Fifth Circuit stayed a district court ruling that had allowed the Republican Party of Texas to proceed as planned with its in-person state convention. This ruling by the Fifth Circuit effectively reinstated the cancellation of the convention issued by Houston officials on July 8, 2020.

  July 17, 2020: Federal judge rules that Republican Party state convention can proceed as planned

  On July 17, 2020, Judge Lynn Hughes, of the United States District Court for the Southern District of Texas, ruled that the Republican Party of Texas could proceed as planned with its-person state convention, overturning the cancellation issued by Houston officials on July 8, 2020. The decision was appealed to the United States Court of Appeals for the Fifth Circuit.

  July 13, 2020: Texas Supreme Court declines to bar Houston from canceling Republican Party state convention; party opts to hold virtual convention instead

  On July 13, 2020, the Texas Supreme Court dismissed a petition by the state Republican Party requesting that the court intervene and direct the city of Houston to allow the party's state convention to take place as planned. The court dismissed the petition for lack of jurisdiction. In light of the decision, the party's executive committee voted to hold the convention online.

  July 9, 2020: State judge declines to bar Houston mayor from canceling Republican Party state convention

  On July 9, 2020, Judge Larry Weiman, of the Texas 80th District Court, rejected requests from both the Republican Party of Texas and Steve Hotze, a Houston Republican, to bar Houston Mayor Sylvester Turner from canceling the state Republican party convention, originally scheduled for July 16-18. Texas Republican Party Chairman James Dickey said the party would appeal the decision to the state supreme court.

  July 8, 2020: Houston officials cancel Republican Party state convention scheduled for July 16-18

  On July 8, 2020, Houston Mayor Sylvester Turner announced the cancellation of the state convention of the Republican Party of Texas. The convention had been scheduled for July 16 through July 18 at the George R. Brown Convention Center. Turner cited the COVID-19 epidemic in Houston as the reason for the cancellation. He said, "No one wanted to step in and be the heavy and say no, and then run the risk of being accused of being political. But if after all of that, if you still refuse to recognize the public health danger to everyone involved, then I am still the mayor."

  State Republicans criticized the move, saying they intended to pursue legal action against the city. James Dickey, chairman of the state Republican Party, said, "We are prepared to take all necessary steps to proceed in the peaceable exercise of our constitutionally protected rights."

  July 2, 2020: U.S. Supreme Court declines to expedite consideration of case involving absentee voting eligibility

  On July 2, 2020, the Supreme Court of the United States declined consideration of Texas Democratic Party v. Abbott, a case involving absentee voting eligibility.

  June 26, 2020: U.S. Supreme Court declines to reinstate district court order expanding absentee voting eligibility

  On June 26, 2020, the Supreme Court of the United States declined to reinstate a district court order that had expanded absentee voting eligibility. An appeals court stayed the district court's order, a decision that was allowed to stand as a result of the Supreme Court's decision not to intervene.

  June 4, 2020: Federal appeals court stays district court order extending absentee voting eligibility

  On June 4, 2020, a three-judge panel of the United States Court of Appeals for the Fifth Circuit stayed a district court decision ordering that all eligible Texas voters be allowed to cast absentee ballots in order to avoid transmission of COVID-19. As a result, officials were allowed to enforce state laws limiting absentee voting to those meeting specified eligibility criteria. Judge Jerry Edwin Smith, appointed to the court by President Ronald Reagan (R), wrote the following in the court's opinion: "In an order that will be remembered more for audacity than legal reasoning, the district judge intervenes just weeks before an election, entering a sweeping preliminary injunction that requires state officials, inter alia, to distribute mail-in ballots to any eligible voter who wants one. But because the spread of the Virus has not given 'unelected federal jud[ges]' a roving commission to rewrite state election codes, we stay the preliminary injunction pending appeal." Judge James Ho, appointed by President Donald Trump (R), wrote a concurring opinion. Judge Gregg Costa, appointed by President Barack Obama (D), wrote an opinion concurring in the judgment only. The full text of the order, including concurrences, can be accessed here.

  On June 16, 2020, the Democratic Party of Texas appealed this decision to the Supreme Court of the United States. The full text of the petition can be accessed here.

  May 27, 2020: Texas supreme court rules that a voter's lack of immunity does not qualify as a disability for absentee voting purposes

  On May 27, 2020, the Texas state supreme court ruled that a voter's lack of immunity to COVID-19 does not qualify as a disability under the state's election laws and, therefore, cannot be cited as an excuse for voting absentee. This ruling overturned two lower court rulings to the contrary. The court ruled unanimously on the matter. Chief Justice Nathan Hecht wrote the following in the court's opinion: "We agree with the State that a voter's lack of immunity to COVID-19, without more, is not a 'disability' as defined by the Election Code. But the State acknowledges that election officials have no responsibility to question or investigate a ballot application that is valid on its face. The decision to apply to vote by mail based on a disability is the voter's, subject to a correct understanding of the statutory definition of 'disability.'"

  May 19, 2020: Federal judge extends absentee voting eligibility in response to COVID-19; federal appeals court grants administrative stay of the ruling

  On May 19, 2020, Judge Samuel Frederick Biery, of the United States District Court for the Western District of Texas, ordered that all eligible Texas voters be allowed to cast absentee ballots in order to avoid transmission of COVID-19. In his opinion, Biery wrote, "The Texas Election Code allows citizens over 65 without a disability to vote by mail. Thus, the Texas vote-by-mail statute provides for the health safety of mail ballots for those 65 years of age and older but not those 64, 364 days and younger. The court finds no rational basis for such distinction and concludes the statute also violates the clear text of the Twenty-Sixth Amendment under a strict scrutiny analysis." Biery also construed lack of immunity to, and fear and anxiety over, COVID-19 as disabilities within the context of the state election code and the state's absentee voting eligibility criteria.

  Texas Attorney General Ken Paxton (R) said he would appeal the decision to the United States Court of Appeals for the Fifth Circuit. Paxton said, "The district court's opinion ignores the evidence and disregards well-established law."

  Later the same day, the United States Court of Appeals for the Fifth Circuit issued an administrative stay barring enforcement of Biery's order pending further consideration by the appeals court.

  May 15, 2020: Texas supreme court stays lower court order extending absentee voting eligibility in response to COVID-19

  On May 15, 2020, The Texas Supreme Court stayed a lower court ruling extending absentee voting eligibility in response to COVID-19, pending full consideration of the case.

  May 14, 2020: Texas state appeals court affirms lower court order extending absentee voting eligibility in response to COVID-19

  On May 14, a three-judge panel of the 14th Court of Appeals voted 2-1 to affirm a trial court's ruling expanding absentee voting eligibility in response to the COVID-19 outbreak.

  April 17, 2020: Texas state court extends absentee voting eligibility in response to COVID-19

  On April 17, 2020, Judge Tim Sulak, of the Travis County District Court, issued a temporary injunction barring Texas election officials from refusing to grant absentee ballots to, or the count the absentee ballots of, voters claiming the disability eligibility category due to concerns over COVID-19. The order came as the result of a lawsuit filed by the Texas Democratic Party, the League of Women Voters, and others against the state of Texas. In his order, Sulak said, "Plaintiffs will suffer immediate, irreparable injury without an injunction prohibiting Defendant from denying mail ballot applications based on the disability caused by COVID-19 and from rejection of mail-in ballots cast under those circumstances because they will be forced either to vote in-person and risk transmission of a deadly illness or lose their ability to vote entirely." Sulak's order extended to July 27, 2020, at which time a conference was scheduled to consider "the continued propriety of this Temporary Injunction Order." The full text of Sulak's order can be accessed here.

  In an advisory letter sent to Representative Stephanie Klick (R), Attorney General Ken Paxton (R) said, "Mail ballots based on disability are specifically reserved for those who are legitimately ill and cannot vote in-person without needing assistance or jeopardizing their health. Fear of contracting COVID-19 does not amount to a sickness or physical condition as required by state law." The state appealed Sulak's order.

  April 6, 2020: Governor suspends convention deadline for parties that nominate by convention

  On April 6, 2020, Governor Greg Abbott (R) issued an order authorizing parties that nominate by convention to postpone those conventions or conduct them remotely.

  March 23, 2020: Texas postpones petition deadline for independent, non-presidential candidates to August 13, 2020

  On March 23, 2020, Texas' secretary of state determined that the petition deadline for independent candidates for non-presidential office would be extended to August 13, 2020. State statutes establish the deadline as 30 days after the primary runoff date, which was postponed to July 14, 2020.

  March 20, 2020: Texas postpones primary runoff elections to July 14, 2020

  On March 20, 2020, Governor Greg Abbott (R) issued a proclamation postponing primary runoff elections, originally scheduled for May 26, 2020, to July 14, 2020. The early voting period was initially set to open on July 6, 2020. A subsequent gubernatorial proclamation established the early voting start date as June 29, 2020.

  March 16, 2020: Texas postpones special election for Texas State Senate District 14 to July 14, 2020

  On March 16, 2020, Governor Greg Abbott (R) announced the postponement of the special election for Texas State Senate District 14, originally scheduled for May 2, 2020, to July 14, 2020. The early voting period was set to open on June 29, 2020.

Statewide stay-at-home order, March 23 through December 4

See also: States with lockdown and stay-at-home orders in response to the coronavirus (COVID-19) pandemic, 2020

On March 31, Gov. Greg Abbott (R) issued Executive Order GA-14, which directed individuals in Texas to stay home except for essential activities and closed nonessential businesses in the state. The stay-at-home order took effect April 2 and lasted until April 30. On April 27, Abbott announced that he would not extend the stay-at-home order, allowing businesses in the state to begin reopening on May 1.

The Texas Department of Emergency Management maintains an online list of essential services. That list is provided below.

“

Follow these steps to determine whether your business is an “essential service” as defined by Texas Executive Order GA-14: Is your company covered by one of the 17 Sectors on the DHS Critical Infrastructure List? A requestor must read through this entire document before making a request: Are you providing a religious service in a church, congregation, or house of worship? This sector is considered “essential service” under Texas Executive Order GA-14. If religious services cannot be conducted from home or through remote services, they should be conducted consistent with the Guidelines from the President and the CDC by practicing good hygiene, environmental cleanliness, and sanitation, and by implementing social distancing to prevent the spread of COVID-19 Request a determination from The Texas Division of Emergency Management. Only if you have determined that your business is not covered by one of the critical sectors identified in the DHS Guidance, and is not a church/congregation/house of worship – please apply using the form below for a determination by the Texas Division of Emergency Management. Per Texas Executive Order GA-14 the following are NOT considered “essential services”: Cosmetology Salons Gyms Massage Establishments Tattoo Studios Piercing Studios Eating/Drinking Inside of Bars/Restaurants/Food Courts The use of drive-thru, pickup, or delivery options for food and drinks is allowed and highly encouraged throughout the limited duration of the executive order.

”

Executive orders, March 30 through June 29

See also: Executive orders issued by governors and state agencies in response to the coronavirus (COVID-19) pandemic, 2020

• State of Emergency declared
• Gov. Abbott Declares State of Disaster in Texas Due to COVID-19
• Gov. Abbott Waives Certain State Trucking Regulations to Expedite Delivery of Resources Around Texas
• Gov. Abbott Fast Tracks Licensing for Out-of-State Medical Professionals
• Gov. Abbott Waives Laws to Allow Trucks from Alcohol Industry to Deliver Grocery Supplies
• Gov. Abbott Waives Regulations to Ensure Students in Work Study Programs Receive Critical Funding During School Closures
• Gov. Abbott Waives STAAR Testing Requirements
• Gov. Abbott Allows Virtual and Telephonic Open Meetings to Maintain Government Transparency
• Gov. Abbott Waives Certain Vehicle Registration, Titling and Parking Placard Regulations
• Executive Order GA-8 Regarding Social Gatherings, Closure of Restaurants, Bars, Gyms and Schools
• Health Commissioner’s Declaration of Public Health Disaster
• Gov. Abbott Waives Health Care Fees for Incarcerated Texans
• Texas Supreme Court Suspends Residential Eviction Proceedings
• Gov. Abbott Waives Regulations to Support Pharmacy Operations
• Gov. Abbott Takes Action to Expand Nursing Workforce
• Executive Order GA-09 Relating to Hospital Capacity During the COVID-19 Disaster
• Gov. Abbott Requests Major Disaster Declaration from White House
• Gov. Abbott Authorizes Restaurants to Sell Bulk Retail Product to the Public
• Executive Order to Strengthen Reporting Capabilities
• Executive Order GA-11 Relating to Airport Screening and Self-Qyarantine During the COVID-19 Disaster
• Gov. Abbott Removes Licensing Barriers for Advance Practice Registered Nurses
• Executive Order GA-12 Relating to Roadway Screening and Self-Quarantine During the COVID-19 Disaster
• Executive Order GA-13 Relating to Detention in County and Municipal Jails During the COVID-19 Disaster
• Executive Order GA-14 Relating to Statewide Continuity of Essential Services and Activities During the COVID-19 Disaster
• Gov. Abbott Proclamation Regarding Fort Worth Crime CPD Elections
• Gov. Abbott Suspends Regulations to Increase EMS, First Responder Workforce
• Disaster Proclamation Extended
• Executive Order GA-15 Relating to hospital capacity during the COVID-19 disaster
• Executive Order GA-17 Relating to the establishment of the Governor’s Strike Force to Open Texas
• Executive Order GA-16 Relating to the safe, strategic reopening of select services as the first step to Open Texas in response to tile COVID-19 disaster

Court closures, March 17 through November 4

See also: State court closures in response to the coronavirus (COVID-19) pandemic, 2020

• August 6, 2020: The Supreme Court of Texas extended the prohibition on jury trials through October 1.
• June 29, 2020: The Supreme Court of Texas extended the prohibition on jury trials through September 1. The Southern District of Texas courthouse and the federal courthouse in Galveston County closed on Friday, June 26 through July 10. The Laredo Division of the Southern District of Texas extended an order that closed the courthouse to the public through August 3.
• May 26, 2020: The Supreme Court of Texas issued an order continuing the suspension of most jury trials until August 1. To evaluate best practices for keeping participants and court staff safe, the Court is allowing a select number of in-person or remote jury trials to occur over the summer, so long as precautions are taken. Trial courts that conduct jury proceedings must submit a report to the Court with observations and recommendations for future jury proceedings.
• April 27, 2020: The Texas Supreme Court issued an order allowing local courts to take steps to limit the spread of coronavirus through June 1. Prior to the order, local courts were permitted to take steps through May 8.
• March 16, 2020: The Texas Supreme Court postponed the four oral arguments remaining for its term.
• March 13, 2020: The Texas Criminal Appeals Court authorized local judges to take steps to modify court operations due to the coronavirus pandemic through May 8.

Legislative session changes, March 20 through October 1

See also: Changes to state legislative session dates in response to the coronavirus (COVID-19) pandemic, 2020

The Texas State Legislature partially suspended legislative activity, effective March 9, 2020, through March 31, 2020.

Proposed and enacted legislation, March 25 through August 19

See also: State laws in response to the coronavirus (COVID-19) pandemic, 2020

See below for a complete list of bills related to the coronavirus pandemic in Texas. To learn more about a particular bill, click its title. This information is provided by BillTrack50 and LegiScan.

Rent, mortgage, eviction, and foreclosure policies, April 9 through November 24

See also: Changes to rent, mortgage, eviction, and foreclosure policies in response to the coronavirus (COVID-19) pandemic, 2020

State

• May 14, 2020: The Texas Supreme Court issued an order that allowed eviction proceedings in the state to resume, effective May 19.
• April 28, 2020: The Texas Supreme Court extended the moratorium on evictions in foreclosures in the state through May 18. Prior to the order, evictions and foreclosures were paused through April 19.
• March 19, 2020: The Texas Supreme Court issued an order which halted evictions through April 19. The order made exceptions for criminal activity and if a tenant was deemed "an imminent threat."

Local

• April 22, 2020: The City of Dallas announced a temporary eviction ordinance which requires landlords to provide a “COVID notice of eviction.” Tenants who had been economically impacted by coronavirus would have 21 days to respond to the notice and have 60 days to pay back rent before an eviction could proceed. In addition, the Dallas City Council on Wednesday approved a nearly $13.7 million federally funded rental and mortgage assistance program for city residents. The short-term program would provide up to three months of payments for residents at or below 80 percent of the area’s median income. Low-to-moderate income renters and landlords could apply for assistance beginning May 1.

Prison inmate release responses, March 30 through July 1

See also: State and local governments that released prison inmates in response to the coronavirus (COVID-19) pandemic, 2020

• April 10, 2020: Texas 261st District Court Judge Lora Livingston issued a ruling that temporarily blocked Gov. Greg Abbott's March 29 order prohibiting the release of certain inmate populations without paying bail. The ruling followed a lawsuit filed against Gov. Abbott and Attorney General of the State of Texas Ken Paxton, by Harris County's misdemeanor judges, criminal defense organizations and the NAACP of Texas. Livingston's ruling limited the governor and attorney general from enforcing the March 29 order against judges and set a hearing for the plaintiff's application for a temporary injunction for April 24.
• March 29, 2020: Governor Greg Abbott signed an executive order which prohibited the release of inmates accused or previously convicted of violent crimes without paying bail. A few counties released incarcerated individuals due to coronavirus on the local level.

Debate in Texas over responses to the coronavirus

See also: Debate in Texas over responses to the coronavirus (COVID-19) pandemic, 2020

Ballotpedia is covering the debate over continuing restrictions and closures in Texas in response to the coronavirus pandemic. Click on the links below to read more about these debates.

• Debate over the stay-at-home order
• Debate over school closures
• Debate over religious service restrictions
• Debate over election policy

Initial reopening plan from March and April 2020 closures

Texas released an initial reopening plan from March and April 2020 closures on April 27, 2020. An analysis of this plan appeared in our Documenting America's Path to Recovery newsletter on May 14. The sections below include an analysis of the plan, the details of the plan, and reactions from officials to the plan.

Summary from Documenting America's Path to Recovery

See also: Documenting America's Path to Recovery: May 14, 2020

On April 27, Gov. Greg Abbott (R) unveiled "Texans Helping Texas: The Governor's Report to Open Texas." Abbott simultaneously issued the executive order that initiated the first round of business reopenings, effective May 1 and continuing through at least May 18.

Abbott said, "This strategic approach to opening the state of Texas prioritizes the health and safety of our communities and follows the guidelines laid out by our team of medical experts. Now more than ever, Texans must remain committed to safe distancing practices that reduce the spread of COVID-19, and we must continue to rely on doctors and data to provide us with the safest strategies to restore Texans' livelihoods. We must also focus on protecting the most vulnerable Texans from exposure to COVID-19. If we remain focused on protecting the lives of our fellow Texans, we can continue to open the Lone Star State."

Context

• On March 31, Abbott issued Texas' statewide stay-at-home order. The order took effect on April 2 and expired on April 30.
• As of May 13, Texas had 42,403 confirmed COVID-19 cases and 1,158 deaths. Based on an estimated population of 30 million, the state had 146.2 cases per 100,000 residents and 4.0 deaths per 100,000 residents.
• Texas is a Republican trifecta, with a Republican governor and Republican majorities in both chambers of the state Legislature.

Plan details

Guidelines for all individuals:

• Maintain six feet of distance between individuals who do not reside within the same household.
• Self-screen for COVID-19 symptoms before going into any business.
• Wash or disinfect hands upon entering a business and after any interaction with employees, customers, or objects.
• Consider wearing cloth face coverings when entering a business.
• Avoid group gatherings of more than five individuals.
• Avoid contact with individuals aged 65 and older.

Guidelines for all employers and employees:

• Train all employees on appropriate cleaning and disinfection practices and personal hygiene.
• Screen all employees for COVID-19 symptoms before allowing them to enter the business.
  • Send home any employee exhibiting COVID-19 symptoms.
  • Do not permit an employee with COVID-19 symptoms to return to work until the following criteria have been met:
    • Three days since recovery (resolution of fever without medication) and improvement in symptoms.; at least 10 days since symptoms first appeared.
    • If an employee has COVID-19 symptoms and wishes to return to work before the above criteria have been met, he or she must have a doctor's note indicating that he or she has not tested positive for COVID-19.
  • Do not permit an employee who has had close contact with someone who has been diagnosed with COVID-19 to return to work until completing a 14-day self-quarantine.
• Require employees to wash hands upon entering the business.
• Maintain six feet of distance between individuals where possible.
• Consider requiring employees to wear cloth face coverings.

Guidelines for businesses opening May 1: The following businesses were permitted to resume operations, subject to capacity restrictions and other guidelines, effective May 1.

• Movie theaters: 25% capacity.
• Museums and libraries: 25% capacity.
• Outdoor sports: Sports cannot involve contact between individuals; participation limited to four individuals at a time.
• Restaurants: 25% capacity.
• Retailers: 25% capacity; shopping mall food court areas, play areas, and interactive displays must remain closed.

Guidelines for businesses opening May 8: The following businesses were permitted to resume operations, subject to capacity restrictions and other guidelines, effective May 8.

• Barber shops, cosmetology salons, hair salons, and nail salons: Six feet of distance between workstations.
• Tanning salons: Six feet of distance between workstations.
• Swimming pools: 25% capacity.

Guidelines for businesses opening May 18: The following businesses were permitted to resume operations, subject to capacity restrictions and other guidelines, effective May 18.

• Gyms and exercise facilities: 25% capacity; locker rooms and showers remain closed.
• Manufacturers: 25% capacity.
• Office-based businesses: 25% capacity.

Guidelines for counties with five or fewer confirmed COVID-19 cases: Abbott issued an executive order authorizing counties with five or fewer confirmed COVID-19 cases to increase occupancy limits for reopened businesses to up to 50%, subject to the following criteria:

• The county has created a list of testing opportunities.
• The county has determined, in consultation with its regional advisory council, that it is prepared for any needed healthcare transfers.
• The county has created and published COVID-19 information for the public.
• The county has confirmed that nursing homes; assisted living facilities; industrial, agricultural, and business facilities with large numbers of employees; and city/county jails comply with Texas Health and Human Services (HHSC) and the Centers for Disease Control and Prevention (CDC) guidelines.
• The county has demonstrated that it is prepared to protect vulnerable populations.
• The county has documented procedures in the event a resident tests positive.
• The county has reached out to the state to develop plans for contact tracing to occur within 48 hours of a confirmed positive case.

Reactions

• Manny Garcia, executive director of the Texas Democratic Party, criticized the plan: "Republicans like Greg Abbott are not here to protect your family. All they care about is making sure their billionaire donors’ interests are protected. Governor Abbott said that he would reevaluate opening Texas up but after four straight days with over 1000 new cases and some of the highest death totals since the crisis began, Abbott decided to throw data and science out the window and continue to fight for his lobbyists and billionaire donors."

• James Dickey, chairman of the Texas Republican Party, supported the plan: "Thank you to Governor Abbott and our Republican leaders for getting Texas open for business again. Our economy has taken a tremendous blow but Texans are resilient — and ready to get back to work! We know the Governor is taking the precautions necessary to protect the health and safety of all Texans. We know that it will be Texas and our Texas workers, entrepreneurs, and businesses that will lead the way towards not just an economic comeback here in the great Lone Star State but will lead the way for the country as well. At the end of the day, the Republican policies that led Texas to boom before will lead Texas and the nation to boom again."

• Cindy Zolnierek, CEO of the Texas Nurses Association, said, "I do hope that businesses take this seriously. I would very strongly monitor to ensure that they're not exceeding that 25% capacity. Just because we're seeing some limitations lifted doesn't mean that we should let up with all the things we've been told to do. I think the governor is trying to balance, you know, what we're all experiencing economically and as well as mental health. I think we have to monitor very, very closely and respond by reinstituting restrictions if we see any change in our current trajectory."

• Brandom Gengelbach, president of the Fort Worth Chamber of Commerce, said, "As leaders of the Texas business community, we applaud Gov. Abbott for focusing on the incremental steps necessary to reopen the Texas economy. We recognize this effort will need to balance public health considerations while restarting economic activity in a phased and gradual approach that guards against subsequent spikes in infections. While each of our communities is different, we recognize that businesses play a vital role in enacting specific measures to keep their workforce safe and thereby protecting the entire community. We are encouraged by the governor’s willingness to work collaboratively with the business community."

Noteworthy events

Gov. Greg Abbott modified coronavirus executive order to remove confinement as punishment

On May 7, 2020, Gov. Gregg Abbott modified his executive orders related to the coronavirus pandemic to eliminate confinement as punishment for violating those orders. The modifications were applied retroactively. According to Abbott, "Throwing Texans in jail who have had their businesses shut down through no fault of their own is nonsensical, and I will not allow it to happen...That is why I am modifying my executive orders to ensure confinement is not a punishment for violating an order."

Coronavirus resources

Click the links below to explore official resources related to the coronavirus outbreak.

State resources

• Office of the Governor of Texas
• Texas Department of Health
• Texas Education Agency

Twitter feeds for government officials and agencies appear below.

Federal resources

• Centers for Disease Control and Prevention (CDC), U.S. Department of Health & Human Services
• National Institutes of Health, U.S. Department of Health & Human Services
• Occupational Safety and Health Administration, U.S. Department of Labor
• U.S. Department of Education
• World Health Organization

See also

• Documenting America's Path to Recovery
• Texas' path to recovery from the coronavirus pandemic
• School responses in Texas to the coronavirus pandemic
• School responses to the coronavirus pandemic by state
• COVID-19 vaccine distribution by state
• Travel restrictions by state
• Federal government responses to the coronavirus pandemic

Footnotes