TH'BIT B 

Case 1:20-cv-00323-LY Document 67-2 Filed 04/13/20 Page 1 of 4
March 22, 2020 

The Honorable Ruth R. Hughs 

Secretary of State 

State Capitol Room 1E.8 

Austin, Texas 78701 

Dear Secretary Hughs: 

E o. 

GOVERNOR GREG ABBOTT 

FILED IN THE OFFICE OF THE 

SECRETARy OF STATE 

.Ai1O'CLOCK 0 Secretary of State 

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

Executive Order No. GA-09 relating to hospital capacity during the COVID-19 

disaster. 

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

Res tfully submitted, 

Gr 

E utive Cl rk to the Governor 

SD/gsd 

Attachment 

PosT Orncs Box 12428 AUSTIN, TExAs 78711 512-463-2000 (VoicE) Ow. 7-1-1 FoR RELAY Ssivicss 

Case 1:20-cv-00323-LY Document 67-2 Filed 04/13/20 Page 2 of 4
xr,irnf,ixr ®rrr 

BY THE 

GOVERNOR OF THE STATE OF TEXAS 

Executive Department 

Austin, Texas 

March 22, 2020 

EXECUTIVE ORDER 

GA 09 

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, the Texas Department of State Health Services has determined that, as of March 19, 

2020, COVID- 19 represents a public health disaster within the meaning of Chapter 81 of the 

Texas Health and Safety Code; and 

WHEREAS, on March 19, 2020, I issued an executive order in accordance with the President's 

Coronavirus Guidelines for America, as promulgated by President Donald J. Trump and the 

Centers for Disease Control and Prevention (CDC), and mandated certain obligations for 

Texans that are aimed at slowing the spread of COVID- 19; 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 are being depleted by surgeries 

and procedures that are not medically necessary to correct a serious medical condition or to 

preserve the life of a patient, contrary to recommendations from the President's Coronavirus 

Task Force, the CDC, 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, 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 

WHEREAS, under Section 418.012, the "governor may issue executive orders... hav[ing] the 

force and effect of law;" and 

WHEREAS, under Section 4 18.016(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 

FILED IN THE OFFICE OF THE OF STATE 

MAR 22 2020 

Case 1:20-cv-00323-LY Document 67-2 Filed 04/13/20 Page 3 of 4
Governor Greg Abbott 

March 22, 2020 

Executive Order GA-09 

Page 2 

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 that, beginning now and continuing until 11:59 p.m. on April 21, 2020, all licensed health care professionals and 

all licensed health care facilities shall postpone all surgeries and procedures that are not 

inunediately medically necessary to correct a serious medical condition of, or to preserve the life 

of, a patient who without immediate 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 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. 

At the request of the Texas Health and Human Services Commission, I hereby suspend 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. l33.163(t)(1)(A)(i)(ll)-(ffl); 

25 TAC Sec. l33.163(f)(1)(B)(i)(ffl)-(1V); 

25 TAC Sec. 133. 163(m)( 1)(B)(ii); 

25 TAC Sec. 133. 163(t)( 1)(B)(iii).-(iv); 

25 TAC Sec. 133.l63(t)(1)(C); 

25 TAC Sec. 133.l63(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 April 21, 2020, 

unless it is rnofjnjnded, rescinded, or superseded by me or by a succeeding governor. 

Given under my hand this the 22nd day of 

March, 2020. 

GREG ABBOTF 

Governor 

ATIES 

RUTH R. HUGHS 

Secretary of State FILED IN THE OFrICE 0 T! 

SECRETARY OF STAIC 4 : Pn... O'CLOCK MAR 222020 

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