Minimum Standard Health Protocols - Attestation for Counties with Five or Fewer Laboratory-Confirmed Cases

Rural counties may, on an individualized basis, increase capacity for restaurants, retail, shopping malls, museums, libraries, and/or movie theaters if the county judge certifies and affirms to DSHS that the following standards have been investigated and confirmed to be met:

1. The county had five or fewer COVID-19 laboratory-confirmed cases on April 30, 2020, or, at a later date, five or fewer active COVID-19 cases as verified by DSHS.

2. The county has created a list of testing opportunities in the county or the area.

3. The county has been in contact with its designated regional advisory council to ensure the community is prepared for any needed health care transfers.

4. The county has provided public notice to the residents of the county, including: • Signs and symptoms of COVID-19. • Recommended health and safety protocols in line with CDC guidance. • Information regarding how residents can get tested in the area. • A link to the DSHS website where residents can go to learn about community spread in nearby communities, in order to help county residents understand their risk to exposure if they travel regularly outside of the county.

5. The county has contacted each of the following types of facilities located in the county to ensure they are complying with HHSC and CDC guidelines regarding COVID-19: • Nursing homes • Assisted living facilities • Industrial, agricultural, or business facilities with a significant number of employees • City or county jails

6. The county is equipped and prepared to protect vulnerable populations, including nursing homes and assisted living facilities.

7. The county has documented procedures to be activated if a resident becomes COVID-19 positive, including procedures to take appropriate measures as necessary in line with the plan to open Texas.

8. The county has contacted DSHS in order to create a plan to ensure contact tracing will occur within 48 hours of a positive test reported to DSHS.

If the county meets the above standards and chooses to do so, the county may do the following:
• Increase dine-in restaurant capacity from 25% to up to 50% of the restaurant’s total listed occupancy. All other provisions regarding restaurants still apply.
• Increase retail in-store capacity from 25% to up to 50% of the retailer’s total listed occupancy. All other provisions regarding retail still apply.
• Increase movie theater capacity from 25% to up to 50% of the movie theater’s total listed occupancy. All other provisions regarding movie theaters still apply.
• Increase museum and library capacity from 25% to up to 50% of the museum’s or library’s total listed occupancy. All other provisions regarding museums and libraries still apply.

All counties must adhere to all other provisions set forth on the previous pages, including the minimum standard health protocols.

Counties that file the attestation and qualify for 50% occupancy will revert to the 25% occupancy limits if any of the following occurs:
1. Five consecutive testing/tracking intervals with positivity rates greater than 12% in that interval.
2. The county has more than 3 positive cases per 1,000 residents.
3. Less than 15% of the surge capacity in hospitals for the catchment area is available.
The attestation form, including the supplemental county information, to be completed by the county judge, can be found on the Department of State Health Services Coronavirus Disease 2019 (COVID-19) website at https://dshs.texas.gov/coronavirus/.

Under GA-18, the Governor may, by proclamation, return any county to the essential services-only level.