Following the notification by Texas Department of State Health Services (DSHS) to Marion County Judge Leward LaFleur Monday morning of an increase of 18 new active COVID-19 cases, the Texas Department of Emergency Management (TDEM) notified the county the Face Coverings Exemption was no longer in effect.
TDEM notified LaFleur at 4:15 p.m. via email, but stated the exemption ended at 4 p.m.
This means, Face Coverings are now required everywhere in Marion County. Some exceptions are allowed in the order (see below).
Who should wear a face-covering, or mask:
- everyone who going to be around people not living with them, unless one of the exemptions (see below) applies
- when one enters a store to shop or browse
- employees of all shops and restaurants
What happens if one doesn’t wear a mask?
- Shop employee or owner can ask one to wear a mask or leave the store
- Police, Sheriff, elected official, or other law enforcement must first give one a verbal warning to wear a mask
- After a second offense, law enforcement MAY issue a ticket with a fine up to $250. Subsequent offenses can also be ticketed with additional fines
- Businesses or property owners CAN notify local law enforcement and ask customers to leave and have them charged them with trespassing
Text of Order
Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity or other building or space open to the public, or when in an outdoor public space, wherever it is not feasible to maintain six feet of social distancing from another person not in the same household; provided, however, that this face-covering requirement does not apply to the following:
- any person younger than 10 years of age;
- any person with a medical condition or disability that prevents wearing a face covering;
- any person while the person is consuming food or drink, or is seated at a restaurant to eat or drink;
- any person while the person is (a) exercising outdoors or engaging in physical activity outdoors, and (b) maintaining a safe distance from other people not in the same household;
- any person while the person is driving alone or with passengers who are part of the same household as the driver;
- any person obtaining a service that requires temporary removal of the face covering for security surveillance, screening, or a need for specific access to the face, such as while visiting a bank or while obtaining a personal- care service involving the face, but only to the extent necessary for the temporary removal;
- any person while the person is in a swimming pool, lake, or similar body of water;
- any person who is voting, assisting a voter, serving as a poli watcher, or actively administering an election, but wearing a face covering is strongly encouraged;
- any person who is actively providing or obtaining access to religious worship, but wearing a face covering is strongly encouraged;
- any person while the person is giving a speech for a broadcast or to an audience;
Following a verbal or written warning for a first-time violator of this face- covering requirement, a person’s second violation shall be punishable by a fine not to exceed $250. Each subsequent violation shall be punishable by a fine not to exceed $250 per violation.
Local law enforcement and other local officials, as appropriate, can and should enforce this executive order, Executive Order GA-28, and other effective executive orders, as well as local restrictions that are consistent with this executive order and other effective executive orders. But no law enforcement or other official may detain, arrest, or confine in jail any person for a violation of this executive order or for related non-violent, non-felony offenses that are predicated on a violation of this executive order; provided, however, that any official with authority to enforce this executive order may act to enforce trespassing laws and remove violators at the request of a business establishment or other property owner.
This executive order hereby prohibits confinement in jail as a penalty for the violation of any face-covering order by any jurisdiction.