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Case 1:20-cv-00323-LY Document 100-1 Filed 04/22/20 Page 1 of 5
April 17, 2020 

The Honorable Ruth R. Hughs 

Secretary of State 

State Capitol Room lE.8 

Austin, Texas 78701 

Dear Secretary Hughs: 

GOVERNOR GREG ABBOTT 

FILED IN THE OFFICE OF THE 

SECRETARY OF STATE 

l l ~ 4DAffi'CLOCK 

4 ~,) 72020 

1' d~t• 

Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following: 

Executive Order No. GA-15 relating to hospital capacity during the COVID-19 

disaster. 

The original executive order is attached to this letter of transmittal. 

Respectfully submitted, 

Attachment 

POST OFFICE Box 12428 AUSTIN, TEXAS 78711512-463-2000 (VOICE) DIAL 7-1-1 FOR RELAY SERVICES 

Case 1:20-cv-00323-LY Document 100-1 Filed 04/22/20 Page 2 of 5
BY THE 

GOVERNOR OF THE STATE OF TEXAS 

Executive Department 

Austin, Texas 

April 17, 2020 

EXECUTIVE ORDER 

GA 15 

Relating to hospital capacity during the COVID-19 disaster. 

WHEREAS, I, Greg Abbott, Governor of Texas, issued a disaster proclamation on March 

13, 2020, certifying under Section 418.014 of the Texas Government Code that the novel 

coronavirus (COVID-19) poses an imminent threat of disaster for all counties in the 

State of Texas; and 

WHEREAS, on April 12, 2020, I issued a proclamation renewing the disaster declaration 

for all counties in Texas; and 

WHEREAS, the Commissioner of the Texas Department of State Health Services, Dr. 

John Hellerstedt, has determined that COVID-19 represents a public health disaster 

within the meaning of Chapter 81 of the Texas Health and Safety Code; and 

WHEREAS, I have issued numerous executive orders and suspensions of Texas laws in 

response to COVID-19, aimed at protecting the health and safety of Texans and ensuring 

an effective response to this disaster; and 

WHEREAS, a shortage of hospital capacity or personal protective equipment would 

hinder efforts to cope with the COVID-19 disaster; and 

WHEREAS, hospital capacity and personal protective equipment were being depleted by 

surgeries and procedures that were not medically necessary to correct a serious medical 

condition or to preserve the life of a patient, contrary to recommendations from the 

President's Corona virus Task Force, the Centers for Disease Control and Prevention, the 

U.S. Surgeon General, and the Centers for Medicare and Medicaid Services; and 

WHEREAS, various hospital licensing requirements would stand in the way of 

implementing increased occupancy in the event of surge needs for hospital capacity due 

to COVID-19; and 

WHEREAS, I issued Executive Order GA-09 on March 22, 2020, in an effort to avoid a 

shortage of hospital capacity or personal protective equipment, and it is subject to 

expiration at 11:59 p.m. on April 21, 2020, absent further action by the governor; and 

WHEREAS, the "governor is responsible for meeting ... the dangers to the state and 

people presented by disasters" under Section 418.011 of the Texas Government Code, 

and the legislature has given the governor broad authority to fulfill that responsibility; 

and 

FILED IN THE OrFlCE OF THE 

SECRETARY OF STATE 

\I ~4o f\b O'CLOCK 

APR 1 7 2020 

Case 1:20-cv-00323-LY Document 100-1 Filed 04/22/20 Page 3 of 5
Governor Greg Abbott 

April 17, 2020 

Executive Order GA-15 

Page 2 

WHEREAS, under Section 418.012, the "governor may issue executive orders ... 

hav[ing] the force and effect of law;" and 

WHEREAS, under Section 418.016(a), the "governor may suspend the provisions of any 

regulatory statute prescribing the procedures for conduct of state business or the orders 

or rules of a state agency if strict compliance with the provisions, orders, or rules would 

in any way prevent, hinder, or delay necessary action in coping with a disaster;" and 

WHEREAS, under Section 418.173, failure to comply with any executive order issued 

during the COVID-19 disaster is an offense punishable by a fine not to exceed $1,000, 

confinement in jail for a term not to exceed 180 days, or both fine and confinement. 

NOW, THEREFORE, I, Greg Abbott, Governor of Texas, by virtue of the power and 

authority vested in me by the Constitution and laws of the State of Texas, do hereby order 

the following on a statewide basis beginning at 11:59 p.m. on April 21, 2020, and 

continuing until 11:59 p.m. on May 8, 2020: 

All licensed health care professionals and all licensed health care facilities shall 

postpone all surgeries and procedures that are not medically necessary to diagnose or 

correct a serious medical condition of, or to preserve the life of, a patient who without 

timely performance of the surgery or procedure would be at risk for serious adverse 

medical consequences or death, as determined by the patient's physician; provided, 

however, that this prohibition shall not apply to either of the following: 

• any procedure that, if performed in accordance with the commonly accepted 

standard of clinical practice, would not deplete the hospital capacity or the 

personal protective equipment needed to cope with the COVID-19 disaster; or 

• any surgery or procedure performed in a licensed health care facility that has 

certified in writing to the Texas Health and Human Services Commission both: 

(1) that it will reserve at least 25% of its hospital capacity for treatment of 

COVID-19 patients, accounting for the range of clinical severity of COVID-19 

patients; and (2) that it will not request any personal protective equipment from 

any public source, whether federal, state, or local, for the duration of the COVID19 disaster. 

I hereby continue the suspension of the following provisions to the extent necessary to 

implement increased occupancy in the event of surge needs for hospital capacity due 

to COVID-19: 

25 TAC Sec. 133.162(d)(4)(A)(iii)(I); 

25 TAC Sec. 133.163(f)(l)(A)(i)(m-(III); 

25 TAC Sec. 133. l 63(f)(l )(B)(i)(IIl)-(IV); 

25 TAC Sec. 133.163(m)(l)(B)(ii); 

25 TAC Sec. 133.163(t)(l)(B)(iii)-(iv); 

25 TAC Sec. 133.163(t)(l)(C); 

25 TAC Sec. 133.163(t)(5)(B)-(C); and 

Any other pertinent regulations or statutes, upon written approval of the Office of 

the Governor. 

This executive order shall remain in effect and in full force until 11:59 p.m. on May 8, 

2020, unless it is modified, amended, rescinded, or superseded by the governor. 

FILED IN THr-: ~FF:CE OF THE 

SECRETARY OF STATE 

\I I $0 AW\ O'CLOCK 

APR 1 7 2020 

Case 1:20-cv-00323-LY Document 100-1 Filed 04/22/20 Page 4 of 5
Governor Greg Abbott 

April 17, 2020 

ATTESTED BY: 

Secretary of State 

Executive Order GA-15 

Page 3 

Given under my hand this the 17th 

day of April, 2020. 

GREG ABBOTT 

Governor 

FILED IN THE OFFk:E CF;·,,.. SECRETARY OF STAh: 

\I : 40 At\,-. O'CLOCr 

APR 1 7 2020 

Case 1:20-cv-00323-LY Document 100-1 Filed 04/22/20 Page 5 of 5