ORDER BY THE COUNTY JUDGE OF HARRIS COUNTY
Whereas, on March 11, 2020, a Declaration of Local Disaster for Public Health Emergency was issued to allow Harris County to take measures to reduce the possibility of exposure to COVID-19 and promote the health and safety of Harris County residents; and
Whereas, on March 13, 2020, a Declaration of State of Disaster was issued by Governor Abbott to take additional steps to prepare for, respond to, and mitigate the spread of COVID-19 to protect the health and welfare of Texans; and
Whereas, on March 13, 2020, the Texas Court of Criminal Appeals issued its First Emergency Order regarding the COVID-19 State of Disaster, which provides the following directives to Texas courts to avoid exposing court proceedings to the threat of COVID-19 (until May 8, 2020, unless extended by the Chief Justice of the Supreme Court):
"Subject only to constitutional limitations, all courts in Texas may in any case, civil or criminal-and must to avoid risk to court staff, parties, attorneys, jurors, and the public-without a participant's consent:
a. Modify or suspend any and all deadlines and procedures, whether prescribed by statute, rule, or order, for a stated period ending no later than 30 days after the Governor's state of disaster has been lifted ...
f. Take any other reasonable action to avoid exposing court proceedings to the threat of COVID-19."
Whereas, on March 19, 2020, Governor Abbott issued the first Public Health Disaster Declaration released in the State of Texas since 1901 and an Executive Order which, among other things, prohibits Texans from gathering in groups of more than ten persons; and
Whereas, on March 24, 2020, the Harris County Judge issued a "Stay Home, Work Safe" Order prohibiting gatherings and providing that residents stay home other than to perform Essential Services as defined in Federal guidance. The Stay Home, Work Safe order provided that in performing or obtaining Essential Services, residents should follow Center for Disease Control and Prevention "CDC" guidelines on social distancing.
Whereas, on March 31, 2020, Governor Abbot issued an Executive Order implementing Essential Services and Activities Protocols through April 30, 2020; and
Whereas, on April 3, 2020, the Harris County Judge extended the Stay Home, Work Safe Order effective April 4, 2020 through April 30, 2020; and
Whereas, the COVID-19 virus is contagious and spreads through person-to-person contact, especially in group settings; and
Whereas, the Centers for Disease Control and Prevention ("CDC") recommends an "All of Community" approach focused on slowing the transmission of COVID-19 through social distancing to reduce illness and death, while minimizing social and economic impacts; and
Whereas, 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 if the Governor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery in accordance with Section 418.0lS(c) of the Texas Government Code; and
Whereas, a County Judge acts as the emergency management director for the county and serves as the Governor's designated agent in the administration and supervision of duties during a state of emergency declared by the Governor in accordance with Section 418.1015(a) and (b) of the Texas Government Code; and
Whereas, a County Judge, serving as the Governor's designated agent in the administration and supervision of duties during a state of emergency declared by the Governor, "may exercise the powers granted to the governor under this chapter on an appropriate local scale" in accordance with Section 418.1015(b) of the Texas Government Code; and
Whereas, a County Judge, serving as the Governor's designated agent in the administration and supervision of duties during a state of emergency declared by the Governor, may use state or federal resources without prior authorization from the division or the state or federal agency having responsibility for those resources in accordance with Section 418.1015(d) of the Texas Government Code; and
Whereas, a County Judge, serving as the Governor's designated agent in the administration and supervision of duties during a state of emergency declared by the Governor, is authorized to control ingress to and egress from a disaster area and control the movement of persons and the occupancy of premises on an appropriate local scale in accordance with Sections 418.1015 and 418.018 of the Texas Government Code; and
Whereas, upon Declaration of a Local Disaster, a County Judge is authorized to control ingress to and egress from a disaster area and control the movement of persons and the occupancy of premises in accordance with Section 418.108(g) of the Texas Government Code; and
Whereas, pursuant to Section 51.002 of the Texas Property Code, a sale of real property under a power of sale conferred by a deed of trust or other contract lien must be a public sale at auction held between 10 a.m. and 4 p.m. of the first Tuesday of a month at a place designated by Commissioners Court; and
Whereas, pursuant to Section 34.041 of the Texas Civil Practice and Remedies Code, a sale of real property that is required by court order or other law must take place between 10 a.m. and 4 p.m. on the first Tuesday of a month at a place designated by Commissioners Court; and
Whereas, Commissioners Court has designated the Bayou City Event Center at 9401 Knight Road, Houston Texas 77045 as the place for the sales described herein to occur; and
Whereas, April 7 is the first Tuesday of the month and the sales described herein attract hundreds of attendees who stand in close proximity to other attendees to participate in the sale. The sales described herein are conducted by numerous parties who each send one or more representatives or employees.
Whereas, it would be impossible to conduct the sales described herein in accordance with federal, state, and local executive orders and guidance on social distancing.
NOW THEREFORE, I, COUNTY JUDGE FOR HARRIS COUNTY, TEXAS, PURSUANT TO THE AUTHORITY VESTED BY TEXAS GOVERNMENT CODE CHAPTER 418, HEREBY FIND AND ORDER:
SECTION 1. That the findings and recitations set out in the preamble to this ORDER are found to be true and correct and they are hereby adopted by the County Judge and made a part hereof for all purposes.
SECTION 2. That the Bayou City Event Center at 9401 Knight Road, Houston Texas 77045 may not be accessed by the public on April 7, 2020.
SECTION 3. That the actions required by this Order are undertaken in deference to Governor Abbott's Executive Order GA 14 ("EO-GA-14") and are intended to be consistent with EO-GA-14 in all respects.
SECTION 4. Effective as of 8:00 a.m. on April 7, 2020, and continuing until 5:00 p.m. April 7, 2020, unless terminated or modified by an earlier or subsequent order,
SECTION 5. The Harris County Judge will file this Order with the Harris County Clerk's Office.
SECTION 6. The Harris County Judge will post this Order on the Internet. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remainder of this Order.
ORDERED This, the 3rd day of April, 2020, in the County of Harris, Texas.
IT IS SO ORDERED
LINA HIDALGO
HARRIS COUNTY JUDGE