Gov. Abbott Issues Statewide Exec. Order GA 14 “Essential Services”

At his Tuesday, March 31, 2020, press conference, Gov. Abbott announced his issuance of Executive Order GA – 14 “Essential Services.”

 Gov. Abbott’s order lists, as a statewide designation, 17 Essential Critical Infrastructure Sectors.  His order is tied to the CISA Guidance 2.0 that was modified on Saturday, March 28, 2020.

These guidelines, which as of today now apply throughout Texas, specifically list “Residential/Shelter Facilities and Services” as being part of the Essential Critical Infrastructure Workforce. 

Specifically, the key bullet points from the CISA, and now Texas statewide, order are:

• Workers performing housing construction related activities to ensure additional units can be made available to combat the nation’s existing housing supply shortage.
• Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services that can be modified to protect the public health, but fundamentally should continue and serve the construction of housing (e.g., allow qualified private third-party inspections in case of government shutdown).

The guidelines are also important for our TMHA manufactured home community operators because they also include:

• Workers responsible for the leasing of residential properties to provide individuals and families with ready access to available housing.
• Workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency “at-home” situations requiring immediate attention, as well as facilitate the reception of deliveries, mail, and other necessary services.

Lastly, all essential services that remain operational must still adhere to CDC guidance and other precautions to prevent the spread of the disease.

Gov. Abbott’s order specifically supersedes all local government orders and says in part, “This executive order shall supersede any conflicting order issued by local officials in response to the COVID-19 disaster, but only to the extent that such a local order restricts essential services allowed by this executive order…”

Every business must look to their operations and the guidelines to determine for themselves if their actions fall within the list of essential services.  Gov. Abbott’s order also designated the Texas Department of Emergency Management (not local governments) with the responsibility of determining what service or additional services that fall within the “essential services” designation.

While this is not legal or any other type of advice, it is widely held within the manufactured housing industry that manufactured housing is a part of the residential housing and construction industries, and that building, selling, transporting, installing and performing all the necessary ancillary services critically necessary to provide a fully livable manufactured home to a consumer constitutes providing housing.