Open Texas “Phase 2” Update

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This weekend Governor Greg Abbott amended the list of businesses that will be allowed to open in the weeks to come. Abbott announced his “Phase 2” plan to reopen Texas businesses on May 18, 2020. This list has a few additions to the list and updates to the original proclamation. 
Outdoor Motor Sports – Effective May 22, 2020
Outdoor motorsports may operate up to 25% of their normal operating limits as determined by the venue owner, provided such events are operated under guidelines that facilitate appropriate social distancing.
Driving Schools – Effective May 26, 2020
Driving schools may operate up to 25% of their total listed occupancy for classroom instruction. Driving schools must ensure at least 6 feet social distancing between students and instructors except when receiving in-car instructions or if participating in a DPS road test.
Water Parks – Effective May 29, 2020
Effective May 29, 2020, indoor waterparks may operate up to 25% of the total listed occupancy of the indoor waterpark facility and outdoor waterparks may operate up to 25% of the normal operating limits as determined by the waterpark operator. Waterpark operators must close any components of the waterpark that have interactive functions or exhibits, including child play areas, amusement, and video game areas.
Adult Recreational Sports Leagues – Effective May 31, 2020
Effective May 31, 2020, adult recreational sports may begin holding practices without spectators. Those sports may begin holding games or similar competitions, with or without spectators, on or after June 15, 2020. Spectators should maintain at least 6 feet social distancing from individuals, not within the spectator’s group.
UPDATED - Professional Sports Leagues – Effective May 31, 2020
Each professional sports league that desires to reopen must first submit a plan to the Texas Department of State Health Services (“DSHS”). Spectators are allowed for outdoor events, provided that outdoor venues limit the number of spectators to no more than 25% of the normal operating limits of the venue as determined by the facility owner. Spectators are not permitted for indoor events. Each plan must incorporate these minimum health protocols to the greatest extent possible. The plan should be submitted to DSHS via email at coronavirus@dshs.texas.gov. Include the term “League” in the subject line to ensure proper routing.
UPDATED Restaurants – updated May 26, 2020
Take steps to ensure 6 feet social distancing is maintained at the bar between individual patrons, between patrons and waitstaff, and between patrons and bar items such as clean glassware and ice. Such separation may be obtained by ensuring bartenders remain at least 6 feet from customers at the bar, such as by taping off or otherwise blocking bartenders from being within 6 feet of a seated customer, or the use of engineering controls, such as dividers, to keep individuals and/or the bar separate from other individuals.
UPDATED Retail – updated May 26, 2020
Employees and contractors of the retailer or shopping mall are not counted towards the 25% occupancy limitation.
UPDATED Bars – updated May 26, 2020 
Take steps to ensure 6 feet social distancing is maintained at the bar between individual patrons, between patrons and waitstaff, and between patrons and bar items such as clean glassware and ice. Such separation may be obtained by ensuring bartenders remain at least 6 feet from customers at the bar, such as by taping off or otherwise blocking bartenders from being within 6 feet of a seated customer, or the use of engineering controls, such as dividers, to keep individuals and/or the bar separate from other individuals. Congressman Van Taylor also published this graphic to explain the reopening process:   Checklists and further information on the Governor’s plans can be found at the Open Texas website. 

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