GOVERNMENT

Abbott eases coronavirus rules: Retail, restaurants, movies to reopen in Texas Friday

Jonathan Tilove and Nicole Cobler, jtilove@statesman.com, ncobler@statesman.com
A masked man walks in front of a mural on a mostly vacant East Sixth Street in Austin Monday, hours before Gov. Greg Abbott announced that Texas restaurants and all retail shops can reopen at 25% capacity starting Friday. [LOLA GOMEZ/AMERICAN-STATESMAN]

Saying his stay-at-home order “has done its job,” Gov. Greg Abbott said Monday he will lift the restriction on Thursday and allow many businesses to reopen starting Friday with limited occupancy.

“We're not just going to open up and hope for the best,” he said at a Capitol news conference. “Opening Texas must occur in phases.”

The first phase of Abbott’s plan to reopen the Texas economy allows all retail stores, restaurants, movie theaters and malls to reopen at 25% capacity. Museums and libraries also can reopen with the same occupancy numbers.

“This order allows all these businesses to reopen,” he said. “It does not require them to do so.”

But, he said, people at greater risk of becoming seriously ill from COVID-19, the respiratory disease caused by the coronavirus, such as seniors, should remain home as much as possible.

"The more we do to protect our vulnerable senior populations, the faster we can safely open businesses in Texas,“ Abbott said.

The plan also allows all licensed health care professionals to resume their practices, but licensed hospitals must reserve 15% capacity for COVID-19 patients.

And businesses in counties with five or fewer cases, which include many of Texas’ rural counties, can reopen at 50% capacity on Friday, he said.

The state would move to the second phase of Abbott’s plan starting as soon as May 18 if there’s no secondary “flare-up” of COVID-19 cases, the governor said.

Abbott noted that coronavirus cases and deaths have been waning since not long after his stay-at-home order took effect on April 2, the result of social distancing measures.

On Monday, state health authorities announced there were 666 fresh coronavirus cases, the lowest number in a week. There were 15 new deaths reported, the lowest figure since April 7.

Increased testing

Abbott said that his plan for a phased reopening of the Texas economy was effectively pre-cleared by the Trump administration, perhaps immunizing it and him from the criticism that President Donald Trump unleashed on Georgia Gov. Brian Kemp last week for opening businesses like salons and tattoo parlors that require close contact and are prone to spreading the infection.

“I had the opportunity to talk to Dr. (Deborah) Birx about this plan, and I sent her a copy of it,” Abbott said, referring to the coronavirus response coordinator for the White House. “And she said the Texas plan was great.”

Abbott said he wants barber shops and hair salons to be able open soon but was still coming up with best strategy for those types of businesses.

Outdoor sports are allowed in Phase 1, as long as there are not more than four participants — think golf and tennis — and they keep their distance from one another.

On summer camps, Abbott said, “We know how important they are for kids, and for their parents,” and, “We will continue to work as quickly as possible on ways to open camps safely.”

Abbott also announced plans to build a team of 4,000 contact tracers in May and said that Texas should soon have the ability test 25,000 people a day for the coronavirus.

More than 290,000 COVID-19 tests have been distributed statewide, the state health agency reported Monday.

Texas ranks 47th among states in testing per capita, according to the most available data from each state Sunday, which showed that Texas administered 276,021 tests, or 989 per 100,000 people.

But Texas Department of State Health Services Commissioner John Hellerstedt remained optimistic Monday, saying the state’s ability to test will continue to increase with the help of private coronavirus testing centers.

“It’s not just about the testing,” Hellerstedt said, adding that the enhanced contact tracing, “is a powerful tool in containing any outbreaks of COVID-19.”

Hellerstedt said the federal government also has committed to “solving some of the supply chain problems that have been limiting some of our ability to test.” He said when those scarcities ease, Texas will be able to ramp up testing.

A middle path

Abbott, who was joined at the news conference by Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen, R-Lake Jackson, is attempting to weave a middle path in a political environment in which, according to a University of Texas/Texas Tribune poll released this weekend, a small majority of Texas voters — 55% — think the greater danger is not keeping people home long enough in response to the coronavirus, while a small majority of Texas Republicans — also 55% — believe that the greater threat to the country is keeping people home too long.

State Rep. Matt Krause, R-Fort Worth, a member of the conservative House Freedom Caucus who on April 13 wrote the governor urging him to let all businesses reopen and end the prohibition on public gatherings, said he was “pleased to see the governor begin the process of reopening Texas on May 1.”

“I am also pleased that many of the steps he proposed today were in line with the recommendations I had made some time back,” Krause said. “We can and must continue to open up Texas — while doing so in a safe and healthy manner.”

And for those who say it’s too soon to end the stay-at-home order, Abbott said, "You have every right to choose your own pathway in life. You have ultimate control of your own personal safety. And so, if you feel like you don't want to get out and potentially expose yourself, just continue to stay home.“

State Rep. Celia Israel, D-Austin, questioned how Texas workers' jobs will be protected if they can't safely return to work. Workers with children may be unable to go back to their full-time jobs while schools are closed or could be worried about keeping vulnerable family members safe, she said.

"I believe we are putting the cart before the horse in this process," Israel said.

Abbott said he will use advice from health experts and data, including hospitalization rates, to evaluate whether the state can continue to reopen.

“We would not be making a decision to open up Texas without that medical advice,” he said.

Push back

But state Rep. Chris Turner, D-Grand Prairie, chair of the House Democratic Caucus, said, “the data directly contradicts what Gov. Abbott is saying, which causes great concern.”

“Cases continue to increase,” Turner said. “For example, last week Tarrant County reported a weekly high number of nearly 800 new cases. Statewide, we saw a day-to-day jump of 967 cases this weekend, one of the highest ever.”

“An incremental approach makes some sense, but until we have proven additional testing capacity and an actual downward trajectory in new cases, the plan is not actually based on data or science,” Turner said.

Travis County Judge Sarah Eckhardt said that county judges ought to be the ones to “balance the interdependent health impacts and economic impacts of COVID-19.”

“We are better prepared to set standards of care in a phased and measured opening of businesses locally,” Eckhardt said.

"No one knows, including the governor, whether his plan will cause another spike,“ said Austin Mayor Steve Adler. “What we do know is that we can protect ourselves even if the governor has overshot his mark. We have learned, over the past six weeks, how to read the data and tell if and when we need to shut it down to avoid a spike and flatten the curve."

Abbott, relying on enhanced authority in a disaster, said his order supersedes local orders like those issued by Eckhardt, Adler and Harris County Judge Lina Hidalgo requiring residents to wear face masks when they go out.

"We strongly recommend that everyone wear a mask. But it's not a mandate and we make clear no jurisdiction cannot impose any penalty or fine,“ Abbott said.

Bottomline, @GregAbbott_TX says Texas is NOT reopening in a meaningful way.

— Michael Quinn Sullivan (@MQSullivan) April 27, 2020

READ MORE: As Abbott looks to reopen Texas, coronavirus testing lags most other states

Phase one: Friday

Stay-at-home order expires

Texas retail stores, restaurants, movie theaters, malls, libraries and museums may reopen while operating at 25% capacity

Businesses in counties with five or fewer cases can operate at 50% capacity

Phase two: May 18

Two weeks of data required to confirm that there is no “flare-up” of COVID-19

Allow more businesses to reopen with fewer restrictions

Allow businesses to expand their occupancy to 50%

Two phases of reopening