GOVERNOR

GREG

ABBOTT

March 29, 2020
FLED IN ThE OFFE OF THE
SECRETARY OF STATE

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The Honorable Ruth R. Hughs
Secretary of State
State Capitol Room 1E.8
Austin, Texas 78701

Secretary of State

Dear Secretary Hughs:
Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following:
Executive Order No. GA-13 relating to detention in county and municipal jails
during the COVID-19 disaster.
The original executive order is attached to this letter of transmittal.

Respectfully submitted,

S
to the Governor

Attachment

Posi OFFICE Box 12428 AusTIN, TEXAS 78711 512-463-2000 (VoICE) DIAL 7-1-1 foR RELAY SERVICES

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BY THE

GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
March 29, 2020
EXECUTIVE ORDER
GA13
Relating to detention in county and municipaljails during the COVID-19 disaster.

WHEREAS, I, Greg Abbott, Governor of Texas, issued a disaster proclamation on March

13, 2020, certifying under Section 418.014 of the Texas Government Code that the novel
coronavirus (COVID- 19) poses an imminent threat of disaster for all counties in the
State of Texas; and
WHEREAS, the Commissioner of the Texas Department of State Health Services has
determined that COVID-19 represents a public health disaster within the meaning of
Chapter 81 of the Texas Health and Safety Code; and
WHEREAS, I have issued numerous executive orders and suspensions of Texas laws in
response to the COVID-19 disaster, aimed at protecting the health and safety of Texans
and ensuring an effective response to this disaster; and
WHEREAS, the jail population in Texas presents unique challenges in mitigating against
and responding to the spread of COVID- 19; and
WHEREAS, my office has worked with the Texas Commission on Jail Standards and
with state and local officials to address these challenges while ensuring public safety for
all Texans; and
WHEREAS, several counties are now reportedly considering the broad-scale release of
arrested or jailed individuals as a result of COVID-19, including potentially those who
have ccmmitted felonies, in order to reduce the size of the jail population; and
WHEREAS, such releases from county or municipal jails of those charged with,
convicted of, or having a history of offenses involving physical violence or threats of
physical violence would not only gravely threaten public safety, but would also hinder
efforts to cope with the COVID-19 disaster; and
WHEREAS, a statewide standard is needed to avoid disparate release policies or
practices that may endanger the public safety of Texans; and
WHEREAS, the Texas Judicial Council has recently reminded judges that individuals
who pose a significant risk to the community or the victim, or who present a significant
risk of flight, should be detained, and Texas judges are legally required and oath-bound
to determine bail on an individualized basis after considering the factors mandated by
FILED IN THE OFFICE
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Governor Greg Abbott
March 29, 2020

Executive Order GA-13
Page 2

Article 17.15 ofthe Texas Code ofCriminal Procedure, which does not include the
option of releases based solely on concerns or fears surrounding COVID-19; and
WHEREAS, the “governor is responsible for meeting
the dangers to the state and
people presented by disasters” under Section 418.011 of the Texas Government Code,
and the legislature has given the governor broad authority to fulfill that responsibility;
and
...

WHEREAS, under Section 418.0 12, the “governor may issue executive orders
hav[ingJ the force and effect of law;” and
WHEREAS, under Section 4 18.016(a), in addition to the other powers given, the
“governor may suspend the provisions of any regulatory statute prescribing the
procedures for conduct of state business
if strict compliance with the provisions
would in any way prevent, hinder, or delay necessary action in coping with a disaster;”
and
...

WHEREAS, under Section 4 18.017(a), the “governor may use all available resources of
state government and of political subdivisions that are reasonably necessary to cope with
a disaster;” and
WHEREAS, under Section 4 18.018(c), 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.”
NOW, THEREFORE, I, Greg Abbott, Governor of Texas, by virtue of the power and
authority vested in me by the Constitution and laws of the State of Texas, do hereby order
the following on a statewide basis effective immediately:
Article 17.03 of the Texas Code of Criminal Procedure, and all other relevant
statutes and rules relating to personal bonds, are hereby suspended to the extent
necessary to preclude the release on personal bond of any person previously
convicted of a crime that involves physical violence or the threat of physical
violence, or of any person currently arrested for such a crime that is supported by
probable cause. I hereby order that no authority should release on personal bond
any person previously convicted of a crime that involves physical violence or the
threat of physical violence, or any person currently arrested for such a crime that is
supported by probable cause.
Article 17.15 1 of the Texas Code of Criminal Procedure is hereby suspended to the
extent necessary to prevent any person’s automatic release on personal bond
because the State is not ready for trial.
Article 15.21 of the Texas Code of Criminal Procedure is hereby suspended to the
extent necessary to prevent any person’s automatic release on personal bond
because the jail of the county where the offense is alleged to have been committed
does not take charge of the arrested person before the 11th day after the date the
person is committed to the jail of the county in which the person is arrested.
Article 42.032 of the Texas Code of Criminal Procedure, and all other relevant
statutes and rules, are hereby suspended to the extent necessary to preclude the
grant of commutation of time for good conduct, industry, and obedience to achieve
the release of any person who has previously been convicted of or is currently
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Governor Greg Abbott
March 29, 2020

Executive Order GA-13
Page 3

serving a sentence for a crime that involves physical violence or the threat of
physical violence. I hereby order that no authority should grant the commutation
of time for good conduct, industry, and obedience to achieve the release of any
person who has previously been convicted of or is currently serving a sentence for
a crime that involves physical violence or the threat of physical violence. This
provision does not preclude the accumulation of credit for good conduct, industry,
and obedience during the pendency of this executive order.
Article 42.035 of the Texas Code of Criminal Procedure is hereby suspended to the
extent necessary to preclude any release of a person to an electronic monitoring
program, rather than being confined in the jail, if the person has previously been
convicted of or is currently serving a sentence for a crime that involves physical
violence or the threat of physical violence.
Sections 418.1015(b) and 418.108 of the Texas Government Code are hereby
suspended to the extent necessary to preclude any county judge or mayor of a
municipality, or any emergency management director, from releasing persons
under any circumstances inconsistent with this order.
Provided, however, that nothing herein shall prevent the lawful exercise of
authority by a county criminal court judge, district judge, or appellate judge in
considering release on an individualized basis for health or medical reasons,
provided that proper notice is given to the district attorney and an opportunity for
hearing is given.
This executive order shall remain in effect and in full force until modified, amended,
rescinded, or superseded by the governor.

Given under my hand this the 29th
day of March, 2020.

ATTES

Y:

R THR.HUGHS
Secretary of State

FILED IN THE OFFICE OF THE
SECRETARY OF STATE
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MAR 2 92020