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Bars wait on county decision, changing COVID-19 numbers before reopening

Governor Greg Abbott is giving county judges the option to reopen bars. But can counties take advantage?

BELL COUNTY, Texas — Texas county judges will now have the opportunity to reopen bars as of October 14 after Governor Greg Abbott signed a new executive order on Wednesday. However, the order does come with a few exceptions and requirements that judges still need to decide how to navigate. 

The first barrier for some local counties is COVID-19 hospitalization numbers. Executive order GA 32 states bars may reopen and offer on-premises services up to 50 percent of the total listed establishment occupancy under two conditions:

  1. The bar or similar establishment is not in an area with high hospitalizations as the order defines in another section, and the county judge of the county in which the bar or similar establishment is located files the requisite form with TABC; or
  2. The bar or similar establishment is in an area with high hospitalizations but is located in a county that has filed with DSHS, and is in compliance with, the requisite attestation form, from DSHS, regarding minimal cases of COVID-19, and the county judge of the county also files the requisite form.

Unfortunately, according to this DSHS website, Trauma Service Area M, where McLennan County is located, was categorized as an, "Area with high hospitalizations" as of October 6. Other counties in that service area include Bosque, Falls, Hill, and Limestone Counties. 

According to the executive order, "'Areas with high hospitalizations' is referring to any Trauma Service Area that has had seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of total hospital capacity exceeds 15 percent.

Trauma Service Area M saw a hospitalization of COVID-19 patents more than 15 percent of hospital capacity on October 4. The number must remain under 15 percent until October 11 before Judges can attempt to reopen bars. 

McLennan County Judge Scott Felton told 6 News he had other concerns besides the hospitalizations. Felton was concerned the county would be forced to assist in enforcing state rules on bars if the bars opened back up He said he will look for clarification from the state before moving forward. 

Bell County Judge David Blackburn is not facing an issue with hospitalizations in the Trauma Service Area where Bell county sits. Blackburn told 6 News Wednesday that he plans to consult with others before committing to reopening anything. 

"I've got to look over what TABC is going to require. I will also have some conversations with our local health care providers and our public health district to try to be better prepared and try to answer the questions about whether there are concerns about our health care providers," Blackburn said. 

Blackburn said he will hold a meeting about the issue on Monday and anticipates making a decision at that time. He also told 6 News that TABC had not yet provided the form counties will need to fill out as of Wednesday afternoon. 

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