Mayoral Limited Shelter in Place Order
CITY OF ODESSA, TEXAS
MAYORAL LIMITED SHELTER IN PLACE ORDER DUE TO PUBLIC HEALTH EMERGENCY
WHEREAS, as a result of the COVID-19 pandemic, the City of Odessa is currently facing exposure of
its citizens to this deadly virus, as well as tremendous economic losses; and,
WHEREAS, pursuant to the Texas Disaster Act of 1975, as amended, Texas Government
Code, Chapter 418, (the "Texas Disaster Act"), the Mayor is designated as an Emergency Management
Director of the City of Odessa, and may exercise the powers granted to the Governor on an
appropriate local scale; and
WHEREAS, on March 18, 2020, pursuant to §418.108 of the Texas Government Code, the Mayor of the
City of Odessa issued a declaration of local disaster due to public health emergency; and
WHEREAS, on March 25, 2020, the City Council of the City of Odessa unanimously approved a
resolution that both ratified and updated the declaration of local disaster due to public health
WHEREAS, Ector County has had 5 positive cases of the virus at the time of the drafting of this
WHEREAS, it is critical for the City of Odessa to take additional steps to prepare for, respond
to, and mitigate the spread of COVID-19 to protect the health and welfare of the
citizens of Odessa and the surrounding area;
NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF ODESSA, TEXAS:
Section 1. That pursuant to §418.108(a) of the Texas Government Code, a local state of
disaster and public health emergency is hereby declared for the City of Odessa and incorporated
Section 2. That pursuant to §418.108(b) of the Texas Government Code, the state of disaster
and public health emergency shall continue for a period of not more than seven days from the date
of this declaration unless continued or renewed by the City Council.
Section 3. That pursuant to §418.108(c) of the Texas Government Code, this
declaration of a local state of disaster due to this public health emergency shall be given prompt
and general publicity and shall be filed promptly with the City Secretary.
Section 4. That pursuant to §418.108(d) of the Texas Government Code, this
declaration of a local state of disaster due to this public health emergency activates the City of
Odessa Emergency Management Plan.
Section 5. That pursuant to §418.020(d) of the Texas Government Code, this order authorizes
the City to: (1) temporarily or permanently acquire by lease, purchase, or other means
sites required for temporary housing units or emergency shelters for disaster victims; and (2)
enter into arrangements necessary to prepare or equip the sites for installation and use of
temporary housing units or emergency shelters, including arrangements necessary for the
se of temporary housing units or emergency shelters.
Section 6. That pursuant to §122.006 of the Texas Health and Safety Code, the City is
authorized to take any actions necessary to promote health and suppress disease, including
quarantine, examining and regulating hospitals. The City of Odessa hereby orders that those persons
under investigation, persons under management, and quarantined persons remain within the confines
of their homes or in safe, secure facilities during the quarantine period following
their exposure to the virus.
Section 7. That pursuant to the authority granted to the Mayor under the Texas
Disaster Act, the use of all available resources of state government and political subdivisions to
assist in the City's response to this situation are authorized.
Section 8. That pursuant to Odessa City Code Article 1-11, the Mayor may exercise emergency
powers including, but not limited to, implementing a curfew and ordering closures of businesses.
Section 9. That pursuant to §418.016 of the Texas Government Code, all rules and regulations
that may inhibit or prevent prompt response to this threat are suspended for the duration of the
Section 10. That pursuant to §418.108(f) of the Texas Government Code, the Mayor of the City of
Odessa may order the evacuation of all or part of the population from a stricken or threatened area
under the jurisdiction and authority of the county judge or mayor if the county judge or mayor
considers the action necessary for the preservation of life or other disaster mitigation, response,
Section 11. That pursuant to §418.108(g) of the Texas Government Code, the Mayor of the City
of Odessa may control ingress to and egress from a disaster area within the
incorporated limits of the City of Odessa and control the movement of persons and the
occupancy of premises in that area.
Section 12. Pursuant to §122.006 of the Health & Safety Code, the City of Odessa may adopt
rules to protect the health of persons in the municipality, including quarantine rules to protect
the residents against communicable disease.
Section 13. No gatherings larger than ten (10) people, public or private, are allowed with the
exception of Essential Activities as defined in Section 16 below.
Section 14. All businesses or operations located within the incorporated limits of the City of
Odessa, except Essential Businesses and Essential Government Functions, as defined in Section 16
below, for which social distancing guidelines are impractical or impossible, are hereby prohibited
and are ordered to cease operation and close except Minimum Basic Operations as defined
in Section 16 below.
a. Non-essential Personal Services Businesses. Businesses which engage in direct,
person-to-person services to the public which are not time-sensitive and which are not required
for the immediate health or safety of the recipient, including, but not limited to, hair
and nail salons, barbershops, tattoo parlors, piercing businesses, tanning salons, hair
removal waxing businesses, gym facilities and fitness centers, and massage parlors;
b. Non-essential Retail Establishments. Retail businesses which do not primarily sell or
provide the products or services described in 16, below;
c. Commercial amusement facilities, entertainment venues, game rooms, park equipment
and pavilions, the City of Odessa’s Ruben Pier Memorial Skatepark, Ratliff Ranch Golf Links (golf
course). All other golf courses should restrict to one person per cart, use measures to prevent
patrons from having contact with flag and or hole pins, and ensure that patrons follow the social distancing guidelines;
d. Group Meeting Spaces. Meeting rooms, ballrooms, conference centers, or event
spaces operated by multi-family apartment complexes or hotels.
Section 15. All Essential Businesses, Essential Government Service, and Critical
Infrastructure are strongly encouraged to remain open, especially those that provide the basic
necessities for food water, and shelter. To the greatest extent feasible, Essential Businesses
shall comply with Social Distancing Requirements as defined in Section 16 below.
This Order shall not be construed to hinder the ability of the industries identified in the
U.S. Department of Homeland Security Cyber and Infrastructure Security Agency's ("CISA") Essential
Critical Infrastructure Workforce Memorandum dated March 19, 2020, incorporated in this Order by
reference as Exhibit A, to continue their operation appropriately modified to account for CDC
workforce and consumer protection guidance, and the list of industries identified on that
memorandum is incorporated in this Order by reference.
Section 16. Definitions and Exemptions.
a. Essential Activities. For purposes of this Order, individuals may leave their residence
only to perform any of the following "Essential Activities." But people at high risk of severe
illness from COVID-19 and people who are sick are urged to stay in their residence to the extent
possible, except as necessary to seek medical care.
(1) For Health and Safety. Individuals may engage in activities or perform tasks essential
to their health and safety, or to the health and safety of their family or household members
(including, but not limited to, pets), to work for or obtain services at any "Healthcare
Operations," as defined in Section 16 f, below;
(2) For Necessary Supplies and Services. Individuals may obtain necessary services or
supplies for themselves and their family or household members, or to deliver those services
or supplies to others, such as, by way of example only and without limitation, groceries and food,
including pet supplies and food, supplies they need to work from home, household consumer
products, and products necessary to maintain the safety, sanitation, and essential operation
(3) For Outdoor Activity. Individuals may engage in outdoor activity, such as, by way of
example and without limitation, walking, hiking, bicycling, or running, provided the
individuals comply with Social Distancing Requirements as defined in this section.
Individuals shall not use public playground equipment, public picnic tables, public basketball
courts, and other public sports and recreational equipment;
(4) For Certain Types of Work. Individuals may perform work providing essential
products and services at an Essential Business, Government Service, or Critical Infrastructure,
or to otherwise carry out activities specifically permitted in this Order, including Minimum
Basic Operations; or
(5) To Take Care of Others. Individuals may care for a family member or pet in another
b. Essential Critical Infrastructure. As defined in Exhibit A, including, but not
limited to, public works construction; residential, commercial, and school construction;
airlines and airport operations; critical trades such as water, sewer, gas, electrical, plumbing,
exterminators, pool cleaners; oil and gas operations; roads and highways, public transportation;
solid waste collection and removal;defense and national security-related operations, and essential manufacturing operations; and any
other services that are necessary to maintaining the safety, sanitation, and essential operation of
residences and businesses.
c. Essential Government Functions. All sworn Police Department, Fire
Department, and Emergency Medical Services personnel, emergency management personnel,
and emergency dispatchers; essential court personnel, legal personnel; child protection and
child welfare personnel; all military personnel; all personnel working for companies (including
their subcontractors) who perform under contract to the Department of Defense providing materials
and services to the Department of Defense; all personnel working for companies (including their
subcontractors) who perform work under contract to State or Federal Governmental Entities
for which they are required under state or federal law to remain open; and all law enforcement
personnel, housing and shelter personnel, and others working for or to support Essential Businesses
or Critical Infrastructure are categorically exempt from this Order. This Order does not
apply to the Federal or State Government.
For purposes of this Order, "Essential Government Functions" means all services and
agencies needed to ensure the continuing operation of the government agencies and
provide for the health, safety and welfare of the public. The City Manager shall determine
its Essential Government Functions for the City and identify employees and/or contractors
necessary to perform those functions. To the extent feasible, all Essential Governmental
Functions shall be performed in compliance with Social Distancing Requirements as defined
in this section.
d. Businesses Covered by this Order. For the purposes of this Order, covered businesses
include any for-profit, non-profit, or educational entities, regardless of the nature of the
service, the function they perform, or its corporate or entity structure.
e. Essential Businesses. The following businesses are hereby deemed essential and may
continue to operate, provided federal and CDC guidelines are followed, including affirmative steps
to ensure that Social Distancing Requirements as defined herein are followed. It is recommended
that businesses limit customers to no more than 100 persons or 50% of the posted occupancy limit,
whichever is less, and place marks on the floor or in other visible places throughout the business
to help customers respect the minimum distance allowed.
(1) Stores that sell Groceries and Certain Other Essential Supplies. Grocery stores,
supermarkets, big-box stores, food banks, convenience stores, liquor stores and other
establishments engaged in the retail sale of canned food, dry goods, fresh fruits and
vegetables, pet supplies, fresh meats, fish, and poultry, and any other household consumer products
(such as cleaning and personal care products). This includes stores that sell groceries and also
sell other non-grocery products, and products necessary to maintaining the safety, sanitation,
and essential operation of residences;
(2) Food Cultivation. Food cultivation, including farming livestock, and fishing;
(3) Social Services and Charitable Organizations. Businesses that provide food, shelter
(including homeless), and social services, and other necessities of life for economically
disadvantaged or otherwise needy individuals;
(4) News Media. Newspapers, television, radio, and other news media services;
(5) Gas Stations and Businesses Needed for Transportation. Gas stations, auto-manufacturing
and assembly, auto mechanics, auto supply, auto- repair, and other related facilities;
(6) Financial Institutions. Banks and related financial institutions, consumer lenders,
sales and finance lenders, credit unions, appraisers, title companies, pawn shops,
entities that issue bonds, insurance companies, underwriters, agents, brokers, and related
insurance claims and agents;
(7) Hardware and Supply Stores. Hardware stores and businesses that sell electrical,
plumbing, and other material necessary to support Essential Businesses, Critical
Infrastructure, and Essential Government Functions;
(8) Mail and Delivery Services. Businesses providing mailing and shipping services,
including post office boxes;
(9) Laundry Services. Laundromats, dry cleaners, and laundry service providers;
(10) Restaurants for Consumption Off-Premises. Restaurants and other facilities that
prepare and serve food or alcohol, but only for delivery, drive-through, or carry out. All
individuals who obtain food or beverages from these establishments are required to leave the
premises of said establishment within five minutes of receiving their food or beverage.
Premises of these establishments includes all indoor and outdoor facilities, including
parking lots. Individuals shall not consume food or beverages on the premises of any establishment
regulated under this subsection. Truck drivers holding CDL licenses and who are operating a
semi-tractor-trailer truck for commercial purposes are exempt from the food requirements of this
subsection while they are on the premises of any truck stop or travel center. Said truck drivers
are limited to eating only in their semi-trucks while on said premises. Schools and other
entities that typically provide free food services to students or members of the public may
continue to do so under this Order on the condition that the food is provided to students or
members of the public on a pickup and take-away basis only. Schools and other entities that provide
food services under this exemption shall not permit the food to be eaten at the site where it is
provided, or at any other gathering site;
(11) Supplies to Work from Home. Businesses that supply products needed for people to work
(12) Supplies for Essential Businesses, Essential Critical Infrastructure and
Essential Government Functions. Businesses that supply other Essential Businesses,
Essential Critical Infrastructure, and Essential Government Functions with the support,
supplies, or components necessary to operate, including but not limited to computers, audio and
video electronics, microelectronics, semiconductors, hardware, paint, electrical and
plumbing material, sanitary equipment, medical equipment, and food and beverages;
(13) Food Delivery Services. Businesses that ship or deliver groceries, food, goods or
services directly to residences;
(14) Transportation. Aircraft, taxis, and other private transportation providers (such as Uber
and Lyft) that provide transportation services necessary for the performance of Essential
Activities, Essential Businesses, Essential Critical Infrastructure, Essential Government
Functions, or Essential Travel;
(15) Home-Based Care and Services. Home-based care for seniors, adults, or children, including
caregivers who may travel to provide care;
(16) Residential Facilities and Shelters. Residential facilities and shelters for seniors,
adults, children, and animals;
(17) Professional Services. Professional services, such as legal or accounting
services, and insurance services when necessary to assist in compliance with legally mandated
activities or to further Essential Businesses, Essential Government functions, or
Essential Critical Infrastructure;
(18) Real Estate Services. Services related to the marketing, sale, lease, or value of real
estate, including but not limited to real estate brokers, title companies, surveyors, and/or
appraisers, except that all activities shall be performed in compliance with Social
Distancing Requirements as defined herein.
(19) Lawn Maintenance Services. Essential lawn maintenance services are limited to the mowing
of weeds and grass and to the emergency removal of trees that pose a health and safety hazard.
(20) Automobile Dealerships. Car dealerships may provide repairs and parts services. Car
dealers may remain open only for individuals who need to purchase vehicles to perform Essential
Functions and Essential Travel and for businesses that need vehicles for Essential Business
and Essential Government Functions. Showrooms are to be open to such individuals by appointment
(21) Information Technology Services. IT and IT services and their essential services vendors,
including the provision of essential global, national, and local infrastructure for computing
services, business infrastructure, communications, web-based services, and critical
manufacturing, as well as telecommunications services, internet access,
and broadband/communications services;
(22) Moving Supply Services. Businesses that provide rental and/or commercial
moving services and necessary moving supplies;
(23) Hotels and Motels. Hotels and motels, to the extent used for lodging or delivery or
carry-out food services;
(24) Funeral, mortuary, cremation, burial, cemetery, related services, and
weddings, provided that social distancing of six feet per person is maintained to the
greatest extent possible and no more than ten (10) persons are present during the activity;
(25) Educational Institutions. Educational institutions-including public and private
K-12 schools, colleges, and universities for purposes of facilitating distance
learning, performing critical research, or performing other essential functions, provided that
social distancing of six-feet per person is maintained to the greatest extent possible; and,
(26) Childcare Facilities. Childcare facilities providing services that enable
individuals exempted in this Order to work as permitted. To the extent possible, childcare
facilities must operate under the following mandatory conditions;
i. Childcare must be carried out in stable groups of 10 or fewer ("stable" means that the same
10 or fewer children are in the same group each day);
ii. Children shall not change from one group to another;
iii. If more than one group of children is cared for at one facility, each group shall be in a
separate room. Groups shall not mix with each other.
iv. Childcare providers shall remain solely with one group of children.
f. Healthcare Operations. Healthcare Operations and Critical Infrastructure,
including but not limited to caregivers, hospital and laboratory personnel, and pharmacy
employees, including hospitals, clinics, dentists, pharmacies, pharmaceutical and
biotechnology companies, other healthcare facilities, healthcare suppliers, home
healthcare services providers, mental health providers, and related retail sales or
any related and/or ancillary healthcare services.
"Healthcare Operations" also includes veterinary care and all healthcare and life-saving services
provided to animals. This shall be construed broadly to avoid any impacts to the delivery
of healthcare, broadly defined. "Healthcare Operations" does not include fitness and
exercise gyms or other similar facilities and does not include retail outlets that
specialize in the selling of electronic cigarette products or cannabidiol products;
g. Minimum Basic Operations. For the purposes of this Order, "Minimum Basic Operations"
include the following, provided that employees comply with Social Distancing Requirements as
defined in this section, to the extent possible, while carrying out such operations:
(1) The minimum necessary activities to maintain the value of the business's inventory,
ensure security, process payroll and employee benefits, or for related functions; or
(2) The minimum necessary activities to facilitate employees of the business being able to
continue to work remotely from their residences.
h. Essential Travel. For the purposes of this Order, "Essential Travel" includes travel for
any of the following purposes. Individuals engaged in any Essential Travel must comply with all
Social Distancing Requirements as defined in this section.
(1) Any travel related to the provision of or access to Essential Activities, essential
Governmental Functions, Essential Businesses, Essential Critical Infrastructure, or Minimum
(2) Travel to care for elderly, minors, dependents, persons with disabilities, or other
(3) Travel to or from educational institutions for purposes of receiving materials
for distance learning, for receiving meals, or any other related services;
(4) Travel to retain from or to a place of residence from outside the
jurisdiction (e.g., returning home from a closing university);
(5) Travel required by law enforcement or court order;
(6) Travel by church staff/clergy for the purpose of producing of remote delivery
of religious services or other ministries requiring travel; or,
(7) Travel required for non-residents to return to their place of residence outside
the City. Individuals are strongly encouraged to verify that their transportation out of the City
remains available and functional prior to commencing such travel.
i. Residences. For purposes of this Order, residences include single family
homes, multiple family homes, hotels, motels, shared rental units, and similar facilities. Homeless
citizens should seek local shelter.
j. Social Distancing Requirements. For purposes of this Order, Social
Distancing Requirements include only leave home if you absolutely have to, maintain at
least a six-foot distance from other individuals, washing hands with soap and water for at least 20
seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes into the
sleeve or elbow (not hands) or with a tissue, then throw the tissue away, regularly cleaning high
touch surfaces, avoid touching your face with unwashed hands, and not shaking hands.
Section 17. The Ector County Health Department may require additional sanitation and social
distancing practices for any business which remains open.
Section 18. The Mayor may update the restrictions set out in this order as necessary to respond
to the evolving circumstances of this outbreak.
Section 19. Pursuant to Odessa City Code §1-11-5, the duties and powers of the chief of police,
the chief of the fire department and the fire marshal are hereby amended such that if the owner or
person responsible for the condition of a building or structure or premises, whether a resident or
nonresident of the city, fails to comply with the order of the chief of police, the chief of the
fire department and the fire marshal, to limit social gatherings in compliance with this order in
or on the building or structure or on the lot, tract or parcel of land or premises where such
health hazard exists, as directed by the chief of police, the chief of the fire
department and the fire marshal, the chief of police, the chief of the fire department and the fire
marshal may abate the use of nonresidential buildings or structures, and to that end the chief of
police, the chief of the fire department and the fire marshal shall have authority to close said
nonresidential building or structure and to prevent its use or occupancy until the order of the
chief of police, the chief of the fire department and the fire marshal has been complied with.
Section 20. Pursuant to Odessa City Code §1-11-9 it shall be unlawful for any person willfully
to obstruct, hinder, or delay any member of the emergency management organization in the
enforcement of any rule or regulation issued pursuant to this article, or to do any act forbidden
by any rule or regulation issued pursuant to the authority contained in this order.
Section 21. Pursuant to §418.173 of the Government Code, failure to comply with an emergency
management plan or with a rule, order, or ordinance adopted under the plan is an offense,
punishable by a fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days.
Section 22. Peace officers, the Odessa Police Department and Odessa Fire
Marshall's Office, are hereby authorized to enforce this order.
Section 23. This proclamation shall supersede the declaration of local disaster due to public
health emergency issued on March 18, 2020, and shall take effect at 11:59 p.m. Monday,
March 30, 2020.
ORDERED this 30 day of March, 2020.
David R. Turner, Mayor
Norma A. Grimaldo, City Secretary