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26 Oct, 16 tweets, 3 min read
El Paso County Judge Samaniego has issued Order No. 12
epcounty.com/documents/Orde…
the Governor of the State of Texas declared a state of disaster, the President of the United States of America declared a national emergency and the El Paso County Judge issued a Declaration of Local Disaster for Public Health Emergency pursuant to Texas Government Code § 418.108
the El Paso County Commissioners Court issued an Emergency Order extending the County’s state of disaster and instituting emergency measures due to a public health emergency until terminated by order of the El Paso County Commissioners Court
the County’s Emergency Order authorizes the Emergency Management Director or designee to update, restrict, and promulgate regulations necessary to comply with Federal, State and Local authorities’ guidance in relation to COVID-19
pursuant to Texas Government Code §418.1015(a), the County Judge serves as the office of emergency management director for the County of El Paso (the “County”)
Texas Government Code, Chapter 418 authorizes the emergency management director to issue Orders, which are necessary for the protection of life and property in the County
§ 418.1015(b) of the Texas Government Code authorizes the emergency management director to serve as the Governor’s designated agent in the administration and supervision of duties under § 418 of the Texas Government Code ..(cont)
(cont).. and exercise the powers granted to the Governor on an appropriate local scale

a County Judge, serving as the Governor’s designated agent in the administration and supervision of duties during a state of emergency declared by the Governor, ..(cont)
(cont).. may use state or federal resources without prior authorization from the division or the state or federal agency having responsibility for those resources in accordance with § 418.1015(d) of the Texas Government Code
a County Judge .. is authorized to control ingress to and egress from a disaster area and control the movement of persons and the occupancy of premises on an appropriate local scale in accordance with § 418.1015 and 418.018 of the Texas Government Code;
the capacity of all El Paso County area hospitals has
reached its limits

all El Paso County area hospitals Intensive Care Units are at 100% capacity and hospitals have asked .. for alternate care sites to be able to care for El Paso County residents requiring hospitalizations
Was there a point to my recap of all of that? Yes, there was. The County Judge, Ricardo Samaniego, is the top dude, by law, until the Commissioners Court rescinds the Declaration of Local Disaster for Public Health Emergency.

It isn't the Mayor or Dr. Ocaranza or Angela Mora.
So what is in Judge Samaniego's Order No. 12?

Section 1. Shelter-at-Home

That's pretty clear. Don't go out unless you need to - essential activities only. We've been here before.

FOR NOW businesses are still allowed to operate, but encouraged to avoid inside services.
Section 2. Election Activities is an Essential Services and NOT affected by this order

DO go out and vote.
Section 3. Shelter-at-Home Curfew

a curfew for all persons shall be imposed from
10:00 PM to 5:00 AM, unless that person is out for an emergency, or for providing Covered Services.

There is a list of reasonable exceptions, but, basically, just stay home after 10 PM.
If you do decide to venture out during curfew, be sure you can afford the possible ticket.

Section 12. Enforcement
Unless an alternate penalty is described .. said offense shall be a Class C Misdemeanor punishable by a fine not to exceed $500.

Okay, I've skipped ahead.

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More from @NePlus4aiv

27 Oct
@KTSMtv "revoke permits and certificates of occupancies"

I'll bet that's murky. How about just revoking their ability to operate as a restaurant?

The idea is to create a desire on the part of businesses to comply with the temporary rules.

Allowing them to temporarily operate as..
@KTSMtv ..restaurants allows them to survive when they otherwise might not. Removing that option for failing to follow the rules thus becomes a business decision.

Don't make it a legal matter like revoking permits, craft it as part of an Order from the County Judge.
@KTSMtv That way it all goes away when the Order is superseded or when the County Commissioners Court terminates the original Emergency Order.
Read 4 tweets

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