Exhibit 12
April 17, 2020

GOVERNOR

The Honorable Ruth R. Hughs

Secretary of State

State Capitol Room IE.8

Austin, Texas 78701

Dear Secretary Hughs:

FILED IN THE OFFiCE OF THE SECRETARY OF STATE

LOCK

AP 1? 2?O

Late

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

Executive Order No. GA- 16 relating to the safe, strategic reopening of select

services as the first step to Open Texas in response to the COVID-19 disaster.

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

S

GREG ABBOTT

Respectfully submitted,

lerk to the Governor

;D/gsd

Attachment

POST OFFICE Box 12428 AUSTIN, TEXAS 78711 512-463-2000 (VoICE) DIAL 7-1-1 FOR RELAY SERvICEs
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BY THE

GOVERNOR OF THE STATE OF TEXAS

Executive Department

Austin, Texas

April 17, 2020

EXECUTIVE ORDER

GA16

Relating to the safe, strategic reopening ofselect services as the first step to

Open Texas in response to tile COVID-19 disaster.

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

13, 2020, certifying tinder Section 4 18.014 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, 1 issued a proclamation renewing the disaster declaration

for all counties in Texas; and

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

(DSHS), 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, I issued Executive Order GA-08 on March 19, 2020, mandating certain

obligations for Texans 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) on March 16, 2020, which called upon Americans to take

actions to slow the spread of COVID-19 for 15 days; and

WHEREAS, shortly before Executive Order GA-08 expired, I issued Executive Order

GA- 14 on March 31, 2020, based on the President’s announcement that the restrictive

social-distancing Guidelines should extend through April 30, 2020, in light of advice

from Dr. Anthony Fauci and Dr. Deborah Birx, and also based on guidance by DSHS

Commissioner Dr. Hellerstedt and White House Coronavirus Response Coordinator Dr.

Birx that the spread of COVTD-19 can be reduced by minimizing social gatherings; and

WHEREAS, Executive Order GA- 14 superseded Executive Order GA-08 and expanded

the social-distancing restrictions and other obligations for Texans that are aimed at

slowing the spread of COVLD-19, including by limiting social gatherings and in-person

contact with people (other than those in the same household) to providing or obtaining

“essential services,” and by expressly adopting the U.S. Department of Homeland

Security’s March 28, 2020 Guidance on the Essential Critical Infrastructure Workforce,

Version 2.0, which provides a list of critical-infrastructure sectors, workers, and

functions that should continue as “essential services” during the COVTD-19 response;

and

FILED IN THE OFFICE OF THE

SECRETARY OF STATE

45AvV O’CLOCK

APR 1? 2020
Goveritor Greg Abbott Execittive Order GA-16

April 17, 2020 Page 2

WHEREAS, Executive Order GA-14 therefore restricts non-essential services during the

COVID-19 disaster; and

WHEREAS, although many lives have been saved because of social-distancing

restrictions like those required by Executive Order GA-14, more than 400 Texans have

lost their lives because of COVID-19, and the disease still presents a serious threat

across Texas that could persist in certain areas; and

WHEREAS, apart from the threats to health and safety, COVID-19 has also wrought

havoc on the many Texas businesses and workers affected by social-distancing

restrictions that were necessary to protect human life; and

WHEREAS, over one million unemployment claims have been filed during the COVID

19 disaster by conscientious Texans who want to get back to work as soon as it is safe to

do so; and

WHEREAS, Texas must protect lives while restoring livelihoods, both of which can be

achieved with the expert advice of medical professionals and business leaders; and

WHEREAS, today I am also issuing Executive Order GA-17, creating the Governor’s

Strike Force to Open Texas to study and make recommendations on safely and

strategically restarting and revitalizing all aspects of the Lone Star State—work, school,

entertainment, and culture; 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 4 18.012, the “governor may issue executive orders

hav[ingj 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 ...if strict

compliance with the provisions ... would in any way prevent, hinder, or delay necessary

action in coping with a disaster;” and

WHEREAS, under Section 418.017(a), the “governor may use all available resources of

state government and of political subdivisions that are reasonably necessary to cope with

a disaster;” and

WHEREAS, under Section 418.018(c), the “governor may control ingress and egress to

and from a disaster area and the movement of persons and the occupancy of premises in

the area;” 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 effective immediately, and continuing through April

IL.D IN THE OFFICE OF THE

-SECRETARY OF STATE

45AJ..OCLOCK

APR 1? 2020
Governor Greg Abbott Executive Order GA-16

April 1 7, 2020 Page 3

30, 2020, subject to extension based on the status of COV1D-19 in Texas and the

recommendations of the CDC and the White House Coronavirus Task Force:

In accordance with guidance from DSHS Commissioner Dr. Hellerstedt, and to

achieve the goals established by the President to reduce the spread of COVID-19,

every person in Texas shall, except where necessary to provide or obtain essential

services or reopened services, minimize social gatherings and minimize in-person

contact with people who are not in the same household.

“Essential services” shall consist of everything listed by the U.S. Department of

Homeland Security (DHS) in its Guidance on the Essential Critical Infrastructure

Workforce, Version 2.0 or any subsequent version, plus religious services conducted

in churches, congregations, and houses of worship. Other essential services may be

added to this list with the approval of the Texas Division of Emergency Management

(TDEM). TDEM shall maintain an online list of essential services, as specified in

this executive order and any approved additions. Requests for additions should be

directed to TDEM at EssentialServices@tdem.texas.gov or by visiting

www.tdem.texas.gov/essentialservices.

“Reopened services” shall consist of:

• Starting at 12:01 a.m. on Friday, April 24, 2020, retail services that are not

“essential services,” but that may be provided through pickup, delivery by mail,

or delivery to the customer’s doorstep in strict compliance with the terms

required by DSHS. The DSHS requirements may be found at

www.dshs.texas.gov/coronavirus.

• Such additional services as may be enumerated by future executive orders or

proclamations by the governor.

In providing or obtaining essential services or reopened services, people and

businesses should follow the Guidelines from the President and the CDC by

practicing good hygiene, environmental cleanliness, and sanitation, implementing

social distancing, and working from home if possible. In particular, all such services

should be provided through remote telework from home unless they cannot be

provided through remote telework. Religious services should be conducted in

accordance with the Guidelines for Houses of Worship During the COVID-19 Crisis,

as promulgated by the attorney general and governor.

In accordance with the Guidelines from the President and the CDC, people shall avoid

eating or drinking at bars, restaurants, and food courts, or visiting gyms, massage

establishments, tattoo studios, piercing studios, or cosmetology salons; provided,

however, that the use of drive-thru, pickup, or delivery options for food and drinks is

allowed and highly encouraged throughout the limited duration of this executive

order.

This executive order does not prohibit people from accessing essential or reopened

services or engaging in essential daily activities, such as going to the grocery store or

gas station, providing or obtaining other essential or reopened services, visiting parks,

hunting or fishing, or engaging in physical activity like jogging or bicycling, so long

as the necessary precautions are maintained to reduce the transmission of COVIB- 19

and to minimize in-person contact with people who are not in the same household.

FILED

SECRETARY OF STATE

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APR 1? 2020
Governor Greg Abbott Executive Order GA-16

April 17, 2020 Page 4

In accordance with the Guidelines from the President and the CDC, people shall not

visit nursing homes, state supported living centers, assisted living facilities, or longterm care facilities unless to provide critical assistance as determined through

guidance from the Texas Health and Human Services Commission (HHSC). Nursing

homes, state supported living centers, assisted living facilities, and long-term care

facilities should follow infection control policies and practices set forth by the HHSC,

including minimizing the movement of staff between facilities whenever possible.

In accordance with the Guidelines from the President and the CDC, schools shall

remain temporarily closed to in-person classroom attendance by students and shall not

recommence before the end of the 2019-2020 school year. Public education teachers

and staff are encouraged to continue to work remotely from home if possible, but may

return to schools to conduct remote video instruction, as well as perform

administrative duties, under the strict terms required by the Texas Education Agency.

Private schools and institutions of higher education should establish similar terms to

allow teachers and staff to return to schools to conduct remote video instruction and

perform administrative duties when it is not possible to do so remotely from home.

This executive order shall supersede any conflicting order issued by local officials in

response to the COVD-19 disaster, but only to the extent that such a local order

restricts essential services or reopened services allowed by this executive order or

allows gatherings prohibited by this executive order. I hereby suspend Sections

418.10 15(b) and 418.10$ of the Texas Government Code, Chapter 81, Subchapter E

of the Texas Health and Safety Code, and any other relevant statutes, to the extent

necessary to ensure that local officials do not impose restrictions inconsistent with

this executive order, provided that local officials may enforce this executive order as

well as local restrictions that are consistent with this executive order.

This executive order supersedes Executive Order GA- 14, but does not supersede

Executive Orders GA-09, GA-b, GA-li, GA-12, GA-13, or GA-15. This executive

order shall remain in effect and in full force until 11:59 p.m. on April 30, 2020, unless it

is modified, amended, rescinded, or superseded by the governor.

Given under my hand this the 17th

day of April, 2020.

GREG ABBOTT

Governor

RUTH R. HUGHS

Secretary of State FILED IN THE OFFICE OF THE

SECRETARY OF STATE

f ‘45AV O’CLOCK

APR 172020

ATTESTED BY: