Governor Criminal Complaint

In the Name and Under Authority of
the State of Texas

I, Randall Kelton, have reason to believe and do believe that Greg Abbott, hereinafter referred
to as “Governor”, while acting, or purporting to act, under the color (pretense) of an official
capacity exerted an authority the beyond the scope of his office and, in the process denied
Complainant and others similarly situated in the full and free access to and/or enjoyment of
rights secured by the Constitution and laws of the State of Texas. Complainant has reason to
believe that Governor Abbot committed various crimes against the laws of the State of Texas to
include Official Misconduct, Official Oppression, Aggravated Assault, Depraved Heart Assault,
Sedition to be shown as follows:
I. PHILOSOPHY OF OUR FOUNDERS

The people of the State of Texas are not frightened children quaking and quivering before the
prospect of a pandemic. We are men and women of good conscious, buttressed by the wisdom
of our predecessors blessed with a binding Constitution. We already have a savior and do not
need another, no matter how benevolent the aspiring dictator.
H.G. Wells, in his Outline Of History, on speaking to the corruption of the Pope’s during the
“dark age” very aptly observed,
“The giver of the law most owes the law allegiance. He of all beings should behave as
though the law compels him. But it is the universal failure of mankind that, what we are
give to administer we promptly presume we own.” H.G. Wells – Outline of History
Texas is a land of laws and the responsibility for those laws lay on the citizen as the master of the
servant. Fortunately, our founders, in their wisdom, blessed us with a republic. The Texas
Legislature, on adopting the Open Government; Ethics Act stated their philosophy very
succinctly in the first sentence at Section 552.001 which reads in pertinent part as follows:
“Under the fundamental philosophy of the American constitutional form of representative

government that adheres to the principle that government is the servant and not the
master of the "people…”
We are all aware of the pavement leading to hell and will not address good intentions here.
Whatever the reasons and rationalizations the Defendant my offer as justifications for his actions,
they must fall on deaf ears.
1 of 151
Our soldiers risked their lives, while tightly bound to rules of engagement. Their good faith in
battle is simply not enough to protect the world from the atrocities men in stress are capable of.
Our police and first responders are bound to existing law. How much more is the responsibility
of the high powers of government? Complainant stands to test the sanctity of law in Texas.
Complainant will show that Defendant, Governor Greg Abbott, acting under the color of his
authority as Governor of the State of Texas, took it upon himself to issue proclaim orders and
edicts intended to be binding on the public who empowers him and to whom he has sworn
fidelity on his oath. Complainant will show that the acts of the Governor, no matter how well
intentioned, were outside the scope of the authority of the Governor of the State of Texas and in
criminal violation of the laws of the State of Texas.
A. Land of Laws
Our founders carefully crafted the Texas Constitution with the intent that it stand sacrosanct in
perpetuity, as demonstrated by Texas Constitution Bill of Rights at Article 29 which reads as
follows:
Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND

INVIOLATE. To guard against transgressions of the high powers herein delegated, we
declare that everything in this "Bill of Rights" is excepted out of the general powers of
government, and shall forever remain inviolate, and all laws contrary thereto, or to the
following provisions, shall be void.
With so many lives expended securing freedom for Texas, our funders intended that those lives
not be frivolously expended. They intended to be a barrier bad behavior, difficult to enact and
more difficult still, to change. In order to insure the sanctity of the corpus juris(body of law), our
founders created a Legislature broken into two separate branches, one with local affiliation and
the other with more general. They intended vigorous interchange of ideas and agendas between
law makers of varying background and constituency. It was intended that this body be dedicated
to the purpose of creating and maintaining a body of law resistant to the political passions of the
moment and pork barrel politics.
B. Enforcement Authority
While the Legislature creates the laws, it does not enforce them. That power was given to the
executive branch headed by the Governor, as follows:
2 of 151
Texas Constiution Article IV, Section. 10. He shall cause the laws to be faithfully
executed; and shall conduct, in person, or in such manner as shall be prescribed by law,
all intercourse and business of the State with other States and with the United States.
The Governor was charged with the duty of executing the intent of the Legislature, and holds in
trust, the affairs of the State. It is inherent in the office of Governor that he has authority to issue
orders, edicts, and proclamations to governmental agencies under his control and it is the custom
to call certain orders “executive orders” even though any order given to a governmental agency
by the head executive officer would be an order of the executive.
Nowhere in the Constitution was the Governor given, neither is there any indication our founders
intended that the Governor have, law making powers.
C. Primary Political Protection

Knowing the tendency of power to corrupt, the Constitution, in delegating operational authority
to the Governor, placed strict limits on that authority. The limit being that the Governor could
issue orders to public agencies and employees, but not to the public itself. That power was
restricted to the legislature. The intent of our founders in this regard can hardly be misconstrued
on reading the Texas Constitution Bill of Rights as Section 28 which reads as follows:
Sec. 28. SUSPENSION OF LAWS. No power of suspending laws in this State shall be
exercised except by the Legislature.
It should be noticed that the Texas Constitution says nothing about the Governor abolishing or
creating those laws.
D. Founder’s Supreme Law

The founder’s law, in the form of the Texas Constitution, is the supreme law of the land. All
legislation flows from and is governed by the that constitution. It should be remembered that the
Texas Constitution grants no rights to the people, but rather, creates governmental instruments
then strictly defines the limits of the powers granted. By way of Texas Constitution Article 1,
our founders forbad public officials from infringing upon certain enumerated rights.
Four justices on the Texas Supreme Court just fired a shot across the bow of government
officials continuing draconian COVID-19 restrictions in Texas. In a concurring opinion,
Justices Blacklock, Guzman, Boyd, and Devine reminded everyone that the “Constitution
is not suspended when the government declares a state of disaster.”
3 of 151
“As more becomes known about the threat and about the less restrictive, more targeted
ways to respond to it,” the opinion continued “burdens on constitutional liberties may
not survive judicial scrutiny.” IN RE SALON A LA MODE, ET AL
This opinion was a message—the Constitution still applies, and the courts will enforce it.
E. Warring Against The Constitution

Governor Abbott, by his pronouncements and proclamations, issued by edict, purports to abolish
some laws and create others. The Governor purported to commandeer the Department of Public
Safety and convert it to his personal militia. The Governor then intended to use their armed
authority to enforce the extent of the Governor’s unconstitutional proclaimed purpose. By this
the Governor wars with the Constitution in an act of sedition in violation of Texas Government
Code Section 557.001 which reads in pertinent part as follows:
Sec. 557.001. SEDITION. (a) A person commits an offense if the person knowingly:
(1) commits, attempts to commit, or conspires with one or more persons to commit an act
intended to overthrow, destroy, or alter the constitutional form of government of this
state or of any political subdivision of this state by force or violence;
(2) under circumstances that constitute a clear and present danger to the security of this
state or a political subdivision of this state, advocates, advises, or teaches or conspires
with one or more persons to advocate, advise, or teach a person to commit or attempt to
commit an act described in Subdivision (1); or
(3) participates, with knowledge of the nature of the organization, in the management of
an organization that engages in or attempts to engage in an act intended to overthrow,
destroy, or alter the constitutional form of government of this state or of any political
subdivision of this state by force or violence.
By so doing, the Governor wars against the Texas Constitution.
1. Powers of Governor
Below are the powers of the Governor as specified in Article 4 of the Texas Constitution:
SEC. 7. He shall be commander-in-chief of the military forces of the State, except when
they are called into actual service of the United States. He shall have power to call forth
the militia to execute the laws of the State, to suppress insurrections, repel invasions, and
protect the frontier from hostile incursions by Indians or other predatory bands.
SEC. 8. The Governor may, on extraordinary occasions, convene the Legislature at the
seat of government, or at a different place in case that should be in possession of the
public enemy or in case of the prevalence of disease thereat. His proclamation therefor
shall state specifically the purpose for which the Legislature is convened.
SEC. 9. The Governor shall at the commencement of each session of the Legislature, and
at the close of his term of office, give to the Legislature information, by message, of the
condition of the State; and he shall recommend to the Legislature such measures as he
4 of 151
may deem expedient. He shall account to the Legislature for all public moneys received,
and paid out by him for any funds subject to his order, with vouchers; and shall
accompany his message with a statement of the same. And at the commencement of each
regular session he shall present estimates of the amount of money required to be raised
by taxation for all purposes.
SEC. 10. He shall cause the laws to be faithfully executed; and shall conduct, in person,
or in such manner as shall be prescribed by law, all intercourse and business of the State
with other States and with the United States.
SEC. 11. In all criminal cases, except treason and impeachment, he shall have power,
after conviction, to grant reprieves, commutations of punishment and pardons; and
under such rules as the Legislature may prescribe he shall have power to remit fines and
forfeitures. With the advice and consent of the senate, he may grant pardons in cases of
treason, and to this end he may respite a sentence therefor, until the close of the
succeeding session of the Legislature; provided, that in all cases of remissions of fines
and forfeitures, or grants of reprieve, commutation of punishment or pardon, he shall file
in the office of the secretary of state his reasons therefor.
SEC. 12. All vacancies in State or district offices, except members of the Legislature,
shall be filled, unless otherwise provided by law, by appointment of the Governor, which
appointment, if made during its session, shall be with the advice and consent of two-
thirds of the senate present. If made during the recess of the senate, the said appointee,
or some other person to fill such vacancy, shall be nominated to the senate during the
first ten days of its session. If rejected, said office shall immediately become vacant, and
the Governor shall, without delay, make further nominations, until a confirmation takes
place. But should there be no confirmation during the session of the senate, the Governor
shall not thereafter appoint any person to fill such vacancy who has been rejected by the
senate; but may appoint some other person to fill the vacancy until the next session of the
senate or until the regular election to said office, should it sooner occur. Appointments to
vacancies in offices elective by the people shall only continue until the first general
election thereafter.
SEC. 13. During the session of the Legislature the Governor shall reside where its
sessions are held, and at all other times at the seat of government, except when by act of
the Legislature, he may be required or authorized to reside elsewhere.
SEC. 14. Every bill which shall have passed both houses of the Legislature shall be
presented to the Governor for his approval. If he approve he shall sign it; but if he
disapprove it, he shall return it with his objections, to the house in which it originated,
which house shall enter the objections at large upon its journal, and proceed to
reconsider it. If, after such reconsideration, two-thirds of the members present agree to
pass the bill, it shall be sent, with the objections, in the other house, by which likewise it
shall be reconsidered; and, if approved by two-thirds of the members of that house, it
shall become a law; but in such cases the votes of both houses shall be determined by
yeas and nays, and the names of the members voting for and against the bill shall be
entered on the journal of each house respectively. If any bill shall not be returned by the
Governor with his objections within ten days (Sundays excepted) after it shall have been
presented to him, the same shall be a law, in like manner as if he had signed it, unless the
Legislature, by its adjournment, prevent its return; in which case it shall be a law, unless
he shall file the same, with his objections, in the office of the secretary of state, and give
notice thereof by public proclamation within twenty days after such adjournment. If any
bill presented to the Governor contains several items of appropriation he may object to
5 of 151
one or more of such items, and approve the other portion of the bill. In such case he shall
append to the bill, at the time of signing it, a statement of the items to which he objects,
and no item so objected to shall take effect. If the Legislature be in session he shall
transmit to the house in which the bill originated a copy of such statement and the times
objected to shall be separately considered. If, on reconsideration, one or more of such
items be approved by two-thirds of the members present of each house, the same shall be
part of the law, notwithstanding the objections of the Governor. If any such bill,
containing several items of appropriation, not having been presented to the Governor ten
days (Sundays excepted) prior to adjournment, be in the hands of the Governor at the
time of adjournment, he shall have twenty days from such adjournment within which to
file objections to any items thereof and make proclamation of the same, and such item or
items shall not take effect.
SEC. 15. Every order, resolution or vote to which the concurrence of both houses of the
Legislature may be necessary, except on questions of adjournment, shall be presented to
the Governor, and before it shall take effect, shall be approved by him; or, being
disapproved, shall be repassed by both houses; and all the rules, provisions and
limitations shall apply thereto as prescribed in the last preceding section in the case of a
bill. (emphasis added)
You will find nothing in the above that asserts or implies that the Governor should have power to
issue edicts, orders, or proclamations that act directly on the public.
2. No Power to Nullify Law
Governor, during his tenure as Governor of the State of Texas issued 31 executive orders. EO –
01,03, 04, 05, 07, and 10 appear to be issued within the scope of the authority granted to the
Governor. The rest, EO – 02,06, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29,30, and 31are in direct and blatant violation of the specific prohibition of the Texas
Constitution which, thought quoted above, bears repeating:
It is clear, our founders contemplated a situation where the high powers of government would be
inclined to adjust or abridge the law to suit a consideration or concern of the moment and took
steps to prevent it. Their intent to curtail the arbitrary breach of this constitution is buttressed by
Bill of Rights at Article 29 which again bears repeating:

6 of 151
Rather than abolish law, the Governor was specifically commanded by Article IV, Section X as
follows:
SECTION X. He shall take care that the laws be faithfully executed.

The above can hardly be construed as a polite request. The Constitution of the State of Texas is
the highest law of the land and all governmental powers flow from it’s authority. In the instant
case, there is no authority for the above referenced executive orders
II. MAGISTRATES
All criminal complaints in Texas are directed to “some magistrate.” It was intended that
magistrates, as a member of the Judicial branch of government, stand between the Executive
branch and the people. This provision has been in law since the signing of the first Magna Carta
in 1215 A.D. All complaints against free persons were required to be presented to a magistrate.
The Executive, in its capacity as the enforcer of the law, had authority to investigate crime and
arrest citizens on an onsite offense or and existing warrant.
A. What Are Magistrates

The Executive could secure authority to arrest for an offense that was not personally witnessed
by presenting a complaint to some magistrate. The magistrate would then convene an ex parte
examining trial. It would be ex parte as only the accuser would be present. Immediately after
arrest the arresting officer was commanded by Texas Code of Criminal Procedure Article 15.16
which reads in pertinent part as follows:
Art. 15.16. HOW WARRANT IS EXECUTED. (a) The officer or person executing a
warrant of arrest shall without unnecessary delay take the person or have him taken
before the magistrate who issued the warrant or before the magistrate named in the
warrant, if the magistrate is in the same county where the person is arrested. If the
issuing or named magistrate is in another county, the person arrested shall without
unnecessary delay be taken before some magistrate in the county in which he was
arrested.
The magistrate before whom the arrestee was taken was then required to convene an examining
trial with both parties present under Chapter 16 Texas Code of Criminal Procedure.
If a person is arrested for an on-sight offense, the arresting officer is required to take the person
arrested directly to the nearest magistrate under Texas Code of Criminal Procedure Section 14.06
7 of 151
Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) Except as otherwise
provided by this article, in each case enumerated in this Code, the person making the
arrest or the person having custody of the person arrested shall take the person arrested
or have him taken without unnecessary delay, but not later than 48 hours after the person
is arrested, before the magistrate who may have ordered the arrest, before some
magistrate of the county where the arrest was made without an order, or, to provide more
expeditiously to the person arrested the warnings described by Article 15.17 of this
Code, before a magistrate in any other county of this state. The magistrate shall
immediately perform the duties described in Article 15.17 of this Code.
When the arrestee is brought before the magistrate, the magistrate is required to convene an
examining trial under Texas Code of Criminal Procedure Chapter 16.
B. Who Are Magistrates

But then, who are magistrates? The Legislature stipulated as to “who are magistrates” when they
enacted Texas Code of Criminal Procedure 2.09 which reads as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following officers is a magistrate
within the meaning of this Code:
The justices of the Supreme Court,
the judges of the Court of Criminal Appeals,
the justices of the Courts of Appeals,
the judges of the District Court,
the magistrates appointed by the judges of the district courts of Bexar County, Dallas
County, or Tarrant County that give preference to criminal cases,
the criminal law hearing officers for Harris County appointed under Subchapter L,
Chapter 54, Government Code,
the criminal law hearing officers for Cameron County appointed under Subchapter BB,
Chapter 54, Government Code,
the magistrates or associate judges appointed by the judges of the district courts of
Lubbock County, Nolan County, or Webb County, the magistrates appointed by the
judges of the criminal district courts of Dallas County or Tarrant County,
the associate judges appointed by the judges of the district courts and the county courts
at law that give preference to criminal cases in Jefferson County,
the associate judges appointed by the judges of the district courts and the statutory
county courts of Brazos County, Nueces County, or Williamson County,
the magistrates appointed by the judges of the district courts and statutory county courts
that give preference to criminal cases in Travis County,
the criminal magistrates appointed by the Brazoria County Commissioners Court,
the criminal magistrates appointed by the Burnet County Commissioners Court,
the magistrates appointed by the El Paso Council of Judges,
8 of 151
the county judges,
the judges of the county courts at law, judges of the county criminal courts,
the judges of statutory probate courts,
the associate judges appointed by the judges of the statutory probate courts under
Chapter 54A, Government Code,
the associate judges appointed by the judge of a district court under Chapter 54A,
Government Code,
the magistrates appointed under Subchapter JJ, Chapter 54, Government Code,
the magistrates appointed by the Collin County Commissioners Court,
the magistrates appointed by the Fort Bend County Commissioners Court,
the justices of the peace, and
the mayors and recorders and the judges of the municipal courts of incorporated cities or
towns.
(Complaint put in the line breaks for emphasis)
In as much as the complaints contained herein are against the highest officer of the Executive
branch, it seemed appropriate to file them with the highest, level member of the Judicial branch.
Thus, the complaints contained herein are filed with the Chief Justice of the Texas Supreme
Court, Nathan L. Hetch, in his capacity as a magistrate in the State of Texas.
Complaint moves Justice Hetch to either, convene an examining trial in accordance with Texas
Code of Criminal Procedure Chapter 16.
During a pandemic “the judiciary, the other branches of government, and our fellow
citizens—must insist that every action our governments take complies with the
Constitution, especially now. If we tolerate unconstitutional government orders during an
emergency, whether out of expediency or fear, we abandon the Constitution at the
moment we need it most.” Id.
or, in his discretion, petition a district judge to convene a court of inquiry under authority of
Chapter 52 Texas Code of Criminal Procedure which reads in pertinent part as follows:
Art. 52.01. COURTS OF INQUIRY CONDUCTED BY DISTRICT JUDGES. (a) When a

judge of any district court of this state, acting in his capacity as magistrate, has probable
cause to believe that an offense has been committed against the laws of this state, he may
request that the presiding judge of the administrative judicial district appoint a district
judge to commence a Court of Inquiry. The judge, who shall be appointed in accordance
with Subsection (b), may summon and examine any witness in relation to the offense in
accordance with the rules hereinafter provided, which procedure is defined as a "Court
of Inquiry".
9 of 151
III. FOURTH BRANCH OF GOVERNMENT
Our founders were well aware that three branches of government were not enough to secure our
republic. They knew the ultimate power of the people must rest with the people and in their
wisdom created the grand jury system. The grand jury is not a part of any other branch of
government.
While the grand jury is empaneled by a member of the judiciary and assisted by a member of the
executive and must follow the rules of the Legislature, it is beholden to none. Justice Scalia in
United States v. Williams, 504 36 (US Supreme Court 1992) referred to the grand jury system as follows:
[T]he grand jury is mentioned in the Bill of Rights, but not in the body of the
Constitution. It has not been textually assigned, therefore, to any of the branches
described in the first three Articles. It 'is a constitutional fixture in its own right'[case
cites]. In fact the whole theory of its function is that it belongs to no branch of the
institutional government, serving as a kind of buffer or referee between the Government
and the people United States v. Williams, 504 36 (US Supreme Court 1992).
It is to this branch of government Complainant now appeals through a finding of probable cause
by some magistrate.
A. Grand Juries as The Ultimate Balance to the Abuse of Power

Complainant is a radio talk show host out of Austin, Texas. We do a show about how the system
really works as opposed to the high-minded rhetoric we hear from public officials and political
pundits. Our public schools teach our children how the system should work and in a perfect
world it might. But then, if this were a perfect world Complainant is sure he would not be in it
and I suspect many politicians would not either.
The world is not perfect and neither are our constitutions, laws, governmental instruments or
people. We do the best we can and have created a self-regulating system to guard us from our
weaknesses.
1. Ultimate Arbiter
It is intended that Grand juries come to the table with no singular political agendas or external
influences. The judges and prosecutors, with whom the grand jury regularly interacts, both are
emersed in a polyglot of competing political interests. This is not intended as an indictment, but
rather, as a recognition that each person brings their own circumstance to the table.
10 of 151
Grand juries are intended to be fresh outsiders with no particular partisan or political interest in
the matters before it. It is your duty to faithfully find based on the facts before you. You are the
point of the pin on which the rest of the system balances.
2. Trust the System
As the Complainant in the instant cause, I implore the grand jury to trust the system. Your only
function is to determine if there is sufficient facts to give a reasonable person of ordinary
prudence reason to believe that a crime has been committed and that the named defendant
committed that crime. Any personal, moral, or political implications are for trial juries to
grapple with. Trust the system to find a just adjudication of the matter.
B. Life Is Filled With Decisions

Complainant is a combat veteran. In combat, we all were bound by rules of engagement. As
crisis go, they don’t get much more immediate than combat. In combat, regardless of the threat,
we had rules to follow. The Governor, in this time of crisis has power conveyed upon him but
that power comes with rules of engagement we had sworn on our oaths to follow.
Complainant was a twin once. With 7 days left in country, Richard and 13 others jumped out of
a helicopter somewhere southwest of Da Nang. He was the last man off the LZ(landing zone)
when he stepped on a bouncing betty. He knew what it was and knew what it would do. He
could have dove as far from the explosive as possible but chose to drop onto the projectile and
capture it to protect his fellow soldiers.
1. Our Choices Define Us
Choice always carries consequences. Richard chose his course and paid heavy. Fourteen days
later, at the 3rd Field Hospital in what was then Saigon, Complainant was given the honor and
privilege of holding his hand as he died of gangrene. He died hard hard. Even as the gangrene
and morphine took his mind away, he never once indicated regret for his decision.
2. We Live or Die by Our Decisions
Richard was not alone in his sacrifice. Our police and first responders make decisions every day
that can have horrible consequences. It is my contention that Governor Abbott, being faced with
11 of 151
a pending pandemic, felt compelled to make decisions. Lest there be some consideration that
this presentation is motivated by anything other than honor and respect for our Governor, I
assure you, Complainant holds the Governor in the high regard. With that said, he made his
decisions. In making those decisions he knew full well that consequences would flow from
them.
3. Who is to Pay This Piper
The Governor’s decisions had consequences, not just for himself, but for all the people of the
State of Texas. Of all who owe honor to the consequences of their decisions, it should be the one
who made them. It is my consideration that our Governor put his sacred honor at risk for what
he believed to be in the interest of the people. He decided to ignore his sacred oath to the people
and juxtapose his idea of expediency with the rule of law.
He took a grave risk with our lives. Now he owes it to honor to face the consequences. What
honor is there in hard decisions without consequences?
IV. LIMITS ON EXERCISE OF POWER

Complainant will not address whether the executive orders complained of are rational,
reasonable, or would well serve the public in this time of crisis. That may certainly be an issue
that could be brought in defense to the charges brought, but they would not be a bar to
prosecution. Perhaps the Governor can carve out an exception to the Constitution. Good luck
with that.
“The Constitution is not suspended when the government declares a state of disaster.” In
re Abbott, No. 20-0291, 2020 WL 1943226, at *1 (Tex. Apr. 23, 2020). All government
power in this country, no matter how well-intentioned, derives only from the state and
federal constitutions. Government power cannot be exercised in conflict with these
constitutions, even in a pandemic. IN RE SALON A LA MODE, ET AL.
A. Governor May Not Suspend Law

Where Governor Abbott, in his executive orders, purport to suspend law, exceeds his authority
and breaches the separation of powers mandated by the Texas Constitution.
12 of 151
1. Governor My Suspend Rules and Regulations
In an emergency, the Texas Legislature purported to grant extraordinary powers to the Governor
by the passage of Texas Disaster Act of 1975. Said statute purports to give the Governor the
power to suspend certain laws during an emergency as follows:
Sec. 418.0155. SUSPENSION LIST. (a) The Governor's office, using existing
resources, shall compile and maintain a comprehensive list of regulatory statutes and
rules that may require suspension during a disaster.
(b) On request by the Governor's office, a state agency that would be impacted by the
suspension of a statute or rule on the list compiled under Subsection (a) shall review the
list for accuracy and shall advise the Governor's office regarding any statutes or rules
that should be added to the list.
It should be clear to a reasonable person of ordinary prudence that the above only goes to rules
promulgated by regulatory agencies.
Sec. 418.016. SUSPENSION OF CERTAIN LAWS AND RULES. (a) The Governor may
suspend the provisions of any regulatory statute prescribing the procedures for conduct
of state business or the orders or rules of a state agency if strict compliance with the
provisions, orders, or rules would in any way prevent, hinder, or delay necessary action
in coping with a disaster.
2. Only the Legislature May Suspend of Laws
Here, the statute is clear that the governor may only suspend “any regulatory statute.” The
Governor, as the highest power within the Executive branch of Texas government should be
vested with the above power. However, when that power is extended to the suspension of any
law, the Governor runs afoul of Chapter 39 Texas Penal Code.
a) Suspension of Law Restricted to Legislature
While it may be theoretically possible to suspend some law in such a way that it did not impinge
upon Constitutionally protected right, the consideration is irrelevant as, the Texas Constitution
Article 1 Section 28 strictly forbids such an action as follows:
It was the clear intent of the our founders that no power to suspend laws was to be exercised by
any person or entity other than the Texas Legislature.
13 of 151
b) High Powers Singled Out
As if to emphasize the finality of Article 1, the Texas Bill of Rights, our founders included a
prohibition found in no other state by the mandate contained in Section which reads as follows:

The Governor, in the instant case is a lawyer, therefore, it cannot be lost on Governor Abbott that
claiming authority under statute to suspend or abolish any law passed by the legislatuer is
unconstitutional application of the statute.
c) Violates Separation of Powers
In the Republic of Texas, laws are adopted through the legislature in accordance with Texas
Constitution Article III, not ‘proclaimed’ by the Governor or by local officials.
“In Europe, charters of liberty have been granted by power. America has set the example
… of charters of power granted by liberty. This revolution in the practice of the world,
may, with an honest praise, be pronounced the most triumphant epoch of its history, and
the most consoling presage of its happiness.” – James Madison, Essays for
the National Gazette, 1792
In addition to issuing proclamations masquerading as law, Governor Abbott has purported to
suspend various laws pursuant to Tex. Gov. Code § 418.016, which says the Governor may
suspend ‘certain laws and rules’ in light of a declared disaster.
This issue of suspension of laws was the very first complaint mentioned in the English Bill of
Rights of 1689. It seems Western peoples have been engaging in this conflict against executive
usurpation of law-making power for centuries.
Our founders first addressed the abuse of the power of one branch of government by another in
Texas Constitution Article II Section 1supra, although quoted above it bears repeating:
Sec. 1. SEPARATION OF POWERS OF GOVERNMENT AMONG THREE

DEPARTMENTS. The powers of the Government of the State of Texas shall be divided
into three distinct departments, each of which shall be confided to a separate body of
magistracy, to wit: Those which are Legislative to one; those which are Executive to
another, and those which are Judicial to another; and no person, or collection of
persons, being of one of these departments, shall exercise any power properly attached to
either of the others, except in the instances herein expressly permitted.
14 of 151
The Constitution is relatively silent on the issue of pandemics (aside from a brief mention
empowering the Governor to call special sessions of the Legislature). However, they have
addressed other, equally immediate crisis. Our founders, who had recently fought for their
freedom from Mexico, warned that, even in times of enemy attack, the continuity of government
is to be maintained as provided for by Article III, Sec. 62 of the Texas Constitution as follows:
Sec. 62. CONTINUITY OF STATE AND LOCAL GOVERNMENTAL OPERATIONS

FOLLOWING ENEMY ATTACK. (a) The Legislature, in order to insure continuity of
state and local governmental operations in periods of emergency resulting from disasters
caused by enemy attack, shall have the power and the immediate duty to provide for
prompt and temporary succession to the powers and duties of public offices, of whatever
nature and whether filled by election or appointment, the incumbents of which may
become unavailable for carrying on the powers and duties of such offices. Provided,
however, that Article I of the Constitution of Texas, known as the "Bill of Rights" shall
not be in any manner affected, amended, impaired, suspended, repealed or suspended
hereby.
Even in extreme circumstances, the Texas Constitution explicitly states that the Bill of Rights
cannot be suspended.
“Without liberty, law loses its nature and its name, and becomes oppression. Without
law, liberty also loses its nature and its name, and becomes licentiousness.” – James
Wilson, Of the Study of the Law in the United States, 1790
3. Current Law Could Be Sufficient
The measures instituted by the Governor through proclamation edict were simply unnecessary as
ample law existed to deal with the current crisis. Shelter in place and mask orders all originate
from a concern for expectorant and there are laws in place to cover this issue.
4. Intentional or Careless Contamination
The act of coughing or spitting on another person in order to expose them (jokingly or not) to
COVID-19 has already been the cause of multiple arrests around the U.S. In Pennsylvania, a man
was arrested after coughing in the face of a recovering pneumonia patient while repeatedly
claiming to be infected with the coronavirus. A Tennessee man was charged with assault and
a New York woman was charged with making a terroristic threat after coughing and spitting on
people in Walmart claiming they had COVID-19.
15 of 151
5. Simple Assault as a Deterrent
In fact, no new law was needed. All that was needed was for the Governor to give notice to the
public of existing law on the matter and direct law enforcement officers to Texas Penal Code
Article 22.01 which reads in pertinent part as follows:
Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the
person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including
the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person
knows or should reasonably believe that the other will regard the contact as offensive or
provocative.
.
B. Denial of Liberty
Governor Abbott, in the above declaration acts forbidding citizens from visiting their loved ones
who are confined to extended healthcare facilities acts as a dictate by the servant binding the
master.
With specific intent to deny the people of the State of Texas in their liberty the Governor has
exerted, or purported to exert an authority he does not have and in the process, denied the people
of the State of Texas in the full and free exercise or enjoyment of their rights guaranteed under
the Texas Constitution.
1. No Power Over Citizens
The Governor issued orders directed at every citizen in the State of Texas in restriction preceded
with, “every person in Texas shall.”
The office of Governor is created by Texas Constitution Article IV. Section 7-15 specifies the
powers of the Governor. An examination of Article IV will show that there is no power granted
which would allow the Governor to exercise power over an individual citizen.
“It will not be denied that power is of an encroaching nature and that it ought to be
effectually restrained from passing the limits assigned to it.” Federalist 48, 1788
– James Madison
16 of 151
Complainant does not challenge or doubt the good faith of the Governor in this regard. Best
intentions and good faith are not the issue. Whether the above restrictions are rational and
reasonable, is not the issue. The issue is: “Does the Governor have the power to institute by fiat
a proclamation which abridges any right guaranteed to the people?”
Under current law, the only branch of Texas Government with the power to invoke control over
the people is the Legislature through the enactment of law.
2. Legislative Option
In the matter of a novel crisis where statutory direction seems insufficient, it is not the place of
the Governor to rest the powers of government from the various branches and act unilaterally.
“An elective despotism was not the government we fought for; but one in which the
powers of government should be so divided and balanced among the several bodies of
magistracy as that no one could transcend their legal limits without being effectually
checked and restrained by the others.” – FEDERALIST 84, 1788 BY JAMES MADISON
With the above in mind, it should be considered that it was hardly necessary for the Governor to
take unilateral action that violated the Texas Constitution when he had other remedies available.
Specifically, Article IV Section 8 which reads as follows:
The Governor may, on extraordinary occasions, convene the Legislature at the seat of
government, or at a different place in case that should be in possession of the public
enemy or in case of the prevalence of disease thereat. His proclamation therefor shall
state specifically the purpose for which the Legislature is convened.
I will leave it to the reader to fathom why the Governor chose to take the personal risk of acting
outside the scope of his office and issue proclamations that affect the full and free exercise of
rights of the citizens of the State of Texas instead of acting under his Constitutional authority by
convening the Legislature in emergency session to deal with this crisis.
3. Remedy Is Already In Law
While we may have to endure a crisis, we need not endure oppression. The Governor, in his
capacity as a public servant, owed a degree of deference to the wisdom and maturity of his
masters.
“I have no fear that the result of our experiment will be that men may be trusted to
govern themselves without a master.” – Thomas Jefferson , Letter to David Hartley,
1787
17 of 151
The act of coughing or spitting on another person in order to expose them (jokingly or not) to a
known contagion has already been the cause of multiple arrests around the U.S. In
Pennsylvania, a man was arrested after coughing in the face of a recovering pneumonia patient
while repeatedly claiming to be infected with the coronavirus. A Tennessee man was
charged with assault and a New York woman was charged with making a terroristic threat after
coughing and spitting on people in Walmart claiming they had COVID-19.
In fact, no new law was needed. All that was needed was for the Governor to give notice to the
public of existing law on the matter and direct law enforcement officers to Texas Penal Code
Article 22.01 which reads in pertinent part as follows:
Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the
person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including
the person's spouse; or
provocative.
A proclamation asserting that, carelessness and disregard on the part of the public, where that
carelessness can be shown to be the cause of the spreading of contamination by one person to
others by failure to exercise minimum standards of care as recommended by the President of the
United States and the Governor of the State of Texas can be construed as reckless behavior as
contemplated by Texas Penal Code Section 22.01. ASSAULT(a). Such a proclamation would
have been within the power of the Governor to issue and would not have violated any
constitutional provision.
This is not to suggest that the Governor should have made the above recommendation. It is only
offered as a demonstration that there were alternatives open to the Governor that did not involve
trashing our Constitution.
C. Schools Closing as Unlawful Taking

By the above executive order, the Governor issued or continued orders affecting the closing of
public schools. The Texas Education Agency has power to oversee how schools operate, as
follows:
18 of 151
Texas Education Code § 7.021. Texas Education Agency Powers and Duties
(a) The agency shall perform the educational functions provided by Subsection (b).
(b)
(1) The agency shall administer and monitor compliance with education programs
required by federal or state law, including federal funding and state funding for those
programs.
(2) The agency shall conduct research, analysis, and reporting to improve teaching
and learning.
(3) The agency shall conduct hearings involving state school law at the direction
and under the supervision of the commissioner.
(4) The agency shall establish and implement pilot programs established by this title.
(5) The agency shall carry out the duties relating to the investment capital fund
under Section 7.024 .
(6) The agency shall develop and implement a teacher recruitment program as
provided by Section 21.004 .
(7) The agency shall carry out duties under the Texas Advanced Placement
Incentive Program under Subchapter C, Chapter 28. 1
(8) The agency shall carry out powers and duties relating to community education
as required under Subchapter H, Chapter 29. 2
(9) The agency shall develop a program of instruction in driver education and
traffic safety as provided by Section 29.902 .
(10) The agency shall carry out duties assigned under Section 30.002 concerning
children with visual impairments.
(11) The agency shall carry out powers and duties related to regional day school
programs for the deaf as provided under Subchapter D, Chapter 30. 3
(12) The agency shall establish and maintain an electronic information transfer
system as required under Section 32.032 , maintain and expand
telecommunications capabilities of school districts and regional education service
centers as required under Section 32.033 , and establish technology demonstration
programs as required under Section 32.035 .
(13) The agency shall review school district budgets, audit reports, and other fiscal
reports as required under Sections 44.008 and 44.010 and prescribe forms for
financial reports made by or for school districts to the commissioner or the agency as
required under Section 44.009 .
(14) The agency shall cooperate with the Texas Higher Education Coordinating
Board in connection with the Texas partnership and scholarship program under
Subchapter Q, Chapter 61. 4
(c) The agency may enter into an agreement with a federal agency concerning a
project related to education, including the provision of school lunches and the
construction of school buildings. Not later than the 30th day before the date the
agency enters into an agreement under this subsection concerning a new project or
reauthorizing a project, the agency must provide written notice, including a
description of the project, to:
19 of 151
(1) the Governor;
(2) the Legislative Budget Board; and
(3) the presiding officers of the standing committees of the senate and of the
house of representatives with primary jurisdiction over the agency.
The schools are created, funded, and operated by the citizens of each county. Taxes have been
collected from the citizens of the county and allotted to the education of the students by the
county. The Governor, by issuing the order to shut down the school, exceeded his authority and
his edict acted as an unconstitutional taking from the citizens of each affected county.
a) Violation Constitutional Prohibition
The above cannot be construed as a violation of the separation of powers as, the dictates the
Governor directed at the school is something the is not withing the State of Texas. The only
entity authorized by the Texas Constitution is the Legislature, however, even the Texas
Legislature is restricted concerning making laws affecting the schools. Texas Constitution
Article III Section 56 specifically prohibits the Legislature as follows:
Article 3 - LEGISLATIVE DEPARTMENT Section 56 - LOCAL AND SPECIAL LAWS

(a) The Legislature shall not, except as otherwise provided in this Constitution, pass
any local or special law, authorizing:
(18) regulating the management of public schools, the building or repairing of
school houses, and the raising of money for such purposes;
The public schools are county business. The people of the county pay for the schools with their
taxes, not the State of Texas and, therefore, the operation of the schools is the business of the
county. There is nothing in public law that contemplates giving the Governor the power to take
over the management of the schools from the counties.
b) Unlawful Taking
The Legislature, on passing the Texas Disaster Act of 1975, increased the powers of the
Governor. It should be noted that the powers granted to the Governor under the Texas Disaster
Act of 1975 only increased his power over governmental agencies. Sections 418.016 and
418.017 give the Governor the authority abolish regulatory statutes. It should be noted that
“Regulatory Statutes” are not “General States
Sec. 418.016. SUSPENSION OF CERTAIN LAWS AND RULES.
20 of 151
(a) The governor may suspend the provisions of any regulatory statute prescribing the
procedures for conduct of state business or the orders or rules of a state agency if strict
compliance with the provisions, orders, or rules would in any way prevent, hinder, or
delay necessary action in coping with a disaster.
(b) Upon declaration of a state of disaster, enforcement of the regulation of on-premise
outdoor signs under Subchapter A, Chapter 216, Local Government Code, by a
municipality that is located in a county within, or that is located in a county adjacent to a
county within, the disaster area specified by the declaration is suspended to allow
licensed or admitted insurance carriers or licensed agents acting on behalf of insurance
carriers to erect temporary claims service signage for not more than 30 days or until the
end of the declaration of disaster, whichever is earlier.
c) Compensation
The Governor may commandeer private property in order to cope with an emergency but then,
the state becomes liable for compensation under Sec. 418.017 as followsP
Sec. 418.017. USE OF PUBLIC AND PRIVATE RESOURCES. (a) The governor may
use all available resources of state government and of political subdivisions that are
reasonably necessary to cope with a disaster.
(b) The governor may temporarily reassign resources, personnel, or functions of state
executive departments and agencies or their units for the purpose of performing or
facilitating emergency services.
(c) The governor may commandeer or use any private property if the governor finds it
necessary to cope with a disaster, subject to the compensation requirements of this
chapter.
d) Deposit Required Before Taking
In the instant case, as the state did not take physical possession of the property over which the
Governor asserted control, the state was required to provide a deposit of money to compensate
the owner for the taking.
Article I Section 17 Section 17 - TAKING, DAMAGING, OR DESTROYING PROPERTY

FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF
PRIVILEGES AND FRANCHISES
No person's property shall be taken, damaged or destroyed for or applied to public use
without adequate compensation being made, unless by the consent of such person; and,
when taken, except for the use of the State, such compensation shall be first made, or
secured by a deposit of money; and no irrevocable or uncontrollable grant of special
privileges or immunities, shall be made; but all privileges and franchises granted by the
Legislature, or created under its authority shall be subject to the control thereof.
21 of 151
e) Failed To Provide Claim Mechanism
The Governor, on issuing his proclamations wherein he took control of properties owned by
private parties failed to provide a method for seeking claims as required by Sec. 418.153.
COMPENSATION CLAIMS which reads as follows:
Sec. 418.153. COMPENSATION CLAIMS. (a) A person claiming compensation for the
use, damage, loss, or destruction of property under this chapter shall file a claim for
compensation with the division in the form and manner required by the division.
(b) Unless the amount of compensation on account of property damage, loss, or
destruction is agreed on between the claimant and the division, the amount of
compensation is computed in the same manner as compensation due for taking of
property under the condemnation laws of this state.
f) Prohibition On Taking Without Compensation
While the requirement for compensation does not apply in all circumstances, property cannot be
taken without compensation when said taking is in violation of the constitution as stipulated by
Section Sec. Texas Government Code Section 418.154 which reads in pertinent part as follows:
Sec. 418.154. CERTAIN CLAIMS EXCLUDED. This subchapter does not apply to or
authorize compensation for:
(3) contravention of Article I, Section 17, of the Texas Constitution or statutes
pertaining to that section.
The Texas Constitution Article 1 Section 17 strictly forbids the taking of private property
without compensation as follows:
Sec. 17. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND
IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES.
(a) No person's property shall be taken, damaged, or destroyed for or applied to public
use without adequate compensation being made, unless by the consent of such person,
and only if the taking, damage, or destruction is for:
(1) the ownership, use, and enjoyment of the property, notwithstanding an incidental
use, by:
(A) the State, a political subdivision of the State, or the public at large; or
(B) an entity granted the power of eminent domain under law; or
(2) the elimination of urban blight on a particular parcel of property.
(b) In this section, "public use" does not include the taking of property under Subsection
(a) of this section for transfer to a private entity for the primary purpose of economic
development or enhancement of tax revenues.
22 of 151
(c) On or after January 1, 2010, the legislature may enact a general, local, or special
law granting the power of eminent domain to an entity only on a two-thirds vote of all the
members elected to each house.
(d) When a person's property is taken under Subsection (a) of this section, except for the
use of the State, compensation as described by Subsection (a) shall be first made, or
privileges or immunities shall be made; but all privileges and franchises granted by the
Legislature, or created under its authority, shall be subject to the control thereof.
It should be noted that the above prohibition is contained in Article I of the Texas Constitution,
The Bill of Rights. As such, it is a permanent fixture in the law and may not be changed or
circumvented by subsequent legislation.
D. Freedom to Travel
Freedom of movement under United States law is governed primarily by the Privileges and
Immunities Clause of the United States Constitution which states,
"The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens
in the several States."
Since the circuit court ruling in Corfield v. Coryell, 6 Fed. Cas. 546 (1823), freedom of
movement has been judicially recognized as a fundamental Constitutional right.
In Paul v. Virginia, 75 U.S. 168 (1869), the Court defined freedom of movement as
"right of free ingress into other States, and egress from them."
In Saenz v. Roe, 526 U.S. 489 (1999) the court addressed the right of free egress from state to
state as follows:
“The right of ‘free ingress and regress to and from’ neighboring states which was
expressly mentioned in the text of the Article of Confederation, may simply have been
‘conceived from the beginning to be a necessary concomitant of the stronger Union the
Constitution created.’ ” Id. at 501 (citations omitted). In Saenz v. Roe, 526 U.S. 489
(1999)
In Paul v. Virginia, 75 U.S. (8 Wall.) 168 (1869) the court spoke to the necessity of equal rights
to travel among the various states without prejudice to the rights of the individual was best
covered by the Privileges or Immunities Clause of the Fourteenth Amendment, and was
necessary to the Republic as follows:
“without some provision . . . removing from citizens of each State the disabilities of
alienage in other States, and giving them equality of privilege with citizens of those
23 of 151
States, the Republic would have constituted little more than a league of States; it would
not have constituted the Union which now exists.”
1. Duty of State to Protect Rights
The U.S. Supreme Court did not invest the federal government with the authority to protect
freedom of movement. Under the "privileges and immunities" clause, this authority was given to
the states, a position the Court held consistently through the years in cases such as Ward v.
Maryland, 79 U.S. 418 (1871), the Slaughter-House Cases, 83 U.S. 36 (1873) and United States
v. Harris, 106 U.S. 629 (1883).
By the above, it is the duty of the State of Texas to protect the freedom of movement of citizens
of the United States. The governor, by his proclamation acted to deny citizens of the various
states in their rights and, thereby, exerted and authority he did not have.
2. Unlawful Seizure
The point is not that screening entry into the state is necessarily a problem, the problem is that, in
order to enlist the cooperation of the people the governor would have to deny the affected
citizens in the full and free access to or enjoyment of their right to be free from unlawful seizure
and that is something neither the Governor or the Legislature has the power to do.
Complainant alleges that, by the above Defendant, Greg Abbott, violates the Texas Constitution
Article 1 Section 19 which reads as follows:
Sec. 19. DEPRIVATION OF LIFE, LIBERTY, PROPERTY, ETC. BY DUE COURSE OF

LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or
immunities, or in any manner disfranchised, except by the due course of the law of the land.
3. General Warrants
Governor Abbott issued executive orders GA – 11, 12, and 20 which purported to order general
warrants to seize the public in their liberty as follows:
Every person who enters the State of Texas as the final destination through an airport,
from a point of origin or point of last departure in New York, New Jersey, Connecticut,
or the City of New Orleans, or in any other state or city as may be proclaimed hereafter,
shall be subject to mandatory self-quarantine for a period of 14 days from the time of
entry into Texas or the duration of the person’s presence in Texas, whichever is shorter.
In said orders, Governor Abbott purports to further restrict liberty as follows:
24 of 151
A covered person shall remain in the designated quarantine location for a period of 14
days or the duration of the person’s presence in Texas, whichever is shorter, leaving only
to seek medical care or to depart from Texas. During that period, a covered person shall
not allow visitors into or out of the designated quarantine location, other than a health
department employee, physician, or healthcare provider, and shall not visit any public
spaces.
The above amounts to seizure by proclamation where the Legislature could have been brought
into special session for the purpose if passing the above proclamations into substantive law.
“That general warrants, whereby any officer or messenger may be commanded to search
suspected places without evidence of a fact committed, or to seize any person or persons
not named, or whose offense is not particularly described and supported by evidence, are
grievous and oppressive and ought not to be granted.” George Mason, Virginia
Declaration of Rights, Article 10, June 12, 1776
You will notice that the Governor chose not to enlist the power of the legislature but rather, took
it upon himself to issue general warrants to seize the public in their liberty.
“Your Honors will find in the old books concerning the office of a justice of the peace
precedents of general warrants to search suspected houses. But in more modern books
you will find only special warrants to search such and such houses, specially named, in
which the complainant has before sworn that he suspects his goods are concealed; and
will find it adjudged that special warrants only are legal. In the same manner I rely on it,
that the writ prayed for in this petition, being general, is illegal. It is a power that places
the liberty of every man in the hands of every petty officer.” James Otis, Against Writs of
Assistance, 1761
a) Unlawful Search
The right to ingress to or egress from any state to or from any other state is fundamental to a
functioning republic as addressed above. The above restrictions amount to an unlawful seizure
in violation of the Texas Constitution Bill of Rights Section 9 forbids the denial of certain rights
as follows:
Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in their persons, houses,
papers and possessions, from all unreasonable seizures or searches, and no warrant to
search any place, or to seize any person or thing, shall issue without describing them as
near as may be, nor without probable cause, supported by oath or affirmation.
It would be bad enough is the Governor subjected citizens to a custodial detention while
questions were asked, temperatures were taken, or tests were made, but to impose imprisonment
by house arrest is far beyond any power contemplated by the Texas Constitution or Legislature.
By the above referenced executive orders the Governor purports to impose a period to two weeks
imprisonment for anyone egressing the state from points of origin of his choosing.
25 of 151
“That no free government, nor the blessings of liberty, can be preserved to any people,
but by a firm adherence to justice, moderation, temperance, frugality, and virtue; by
frequent recurrence to fundamental principles; and by the recognition by all citizens that
they have duties as well as rights, and that such rights cannot be enjoyed save in a
society where law is respected and due process is observed.” George Mason, Virginia
State Constitution
b) Threat of Force
Governor Abbott has converted all Department of Public Safety officers to members of his
personal militia as addressed above. By the above referenced executive orders the Governor
has threatened all citizens of the State of Texas with the use of force, or deadly force, by his
militia to enforce the intent of his purpose as follows:
DPS Special Agents will conduct unannounced visits to designated quarantine locations
to verify compliance by confirming the physical presence of covered persons. Any failure
to comply with this order to self-quarantine shall be a criminal offense punishable by a
fine not to exceed $1,000, confinement in jail for a term not to exceed 180 days, or both.
c) It Happened While We Slept
The United States is the worst police state the world has ever seen. While, according to FBI
statistics, crime was dropping dramatically every year for the last 30 years, while the number of
police officers has risen from just over 7,000,000 to 1.2 million.
We have been indulging in a drug war and a war on crime by militarizing and overfunding our
police to the point we have police on the street who must find crime even when there is not
enough to go around. At the present, then United States houses more of its citizen in jails around
the country, per capita, than any other country in the world.
Now we have digressed to the point that one of our politicians has commandeered our
state police as his personal militia and set them on the public with orders to storm your
houses without warrants or probable cause to “Society in every state is a blessing, but
government even in its best state, is but a necessary evil; in its worst state, an intolerable
one.” Thomas Paine, Common Sense, 1776
The Governor, emboldened by our inaction has set the hounds upon us.
‘When bad men combine, the good must associate; else they will fall one by one, an
unpitied sacrifice in a contemptible struggle.’ Edmund Burke --Thoughts on the Cause of
the Present Discontents, April 23, 1770
The above is most often paraphrased as:
“All that is necessary for evil to succeed is that good men do nothing.”
26 of 151
4. Breach of Article I, Sections 10, 28 and 29
Governor purported to create law affecting the people of the State of Texas. These laws had the
effect of denying covered persons in the right to be free from unlawful seizure and the right to be
free from self-incrimination. The purported law, created by the Governor, through proclamation,
requires a traveler to bear witness against him/herself by filling out a government document
under penalty of prosecution for a violation of Texas Penal Code 37.10, Tampering With A
Government Document if an error is discovered on the document.
a) Violation Article I Section 10
There is a wonderful video on youtube where a law professor is talking to a class about When to
Advise Your Client To Talk to the Police that everyone should watch. In can be summed up in
three words: never, Never, NEVER! This is supported by the Texas Constitution Article 1
Section 10 which reads as follows:
Sec. 10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. In all criminal

prosecutions the accused shall have a speedy public trial by an impartial jury. He shall
have the right to demand the nature and cause of the accusation against him, and to have
a copy thereof. He shall not be compelled to give evidence against himself, and shall
have the right of being heard by himself or counsel, or both, shall be confronted by the
witnesses against him and shall have compulsory process for obtaining witnesses in his
favor, except that when the witness resides out of the State and the offense charged is a
violation of any of the anti-trust laws of this State, the defendant and the State shall have
the right to produce and have the evidence admitted by deposition, under such rules and
laws as the Legislature may hereafter provide; and no person shall be held to answer for
a criminal offense, unless on an indictment of a grand jury, except in cases in which the
punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of
impeachment, and in cases arising in the army or navy, or in the militia, when in actual
service in time of war or public danger.
b) Violation of Texas Constitution Article I Section 28
What part of, “shall not be compelled to give evidence against himself,”, is hard for the
Governor to understand? This is a clear demonstration as to why our founders included
https://statutes.capitol.texas.gov/Docs/GV/htm/GV.557.htm at Article 1 Section 28 as it
mandates the following:
Violation of Texas Constitution Article I, Section 29
27 of 151
Our founders did not mince word when they included this prohibition in the constitution and, if
there be any confusion as to the rational of the above that should be settled by then next
provision, Bill of Rights at Article 29, for any reasonable person of ordinary prudence, should
settle the issue’.

c) Wrongful Detention
The only time a person may be arrested without a warrant first being issued is stipulated by
Texas Code of Criminal Procedure Chapter 14.01-03. I did not quote it here as 14.03 gets a bit
long and detailed but in the case of a misdemeanor, the offense must have been committed
within the sight or hearing of the arresting officer or must have been ordered by a magistrate who
personally saw or heard the offense committed.
By the above executive order, the Governor would order a person to give up their right to remain
silent or be arrested under this new law he just created by edict. So, what if you happened to
take a cheap flight that originated in El Paso, stopped in New Mexico, then Colorado and
dropped you off in Amarillo, and you got off in Colorado to get a snack. If you did not fill out
the form, you would be subject to arrest. If you filled out the form you would find no place to
include connecting flights. If the officer then found that you were on a connecting flight and got
off in Colorado, you would be subject to criminal charges and jail for violating Texas Penal
Code 37.10, Tampering With A Government Document.
d) Violation of Texas Penal code 32.48
As shown above, not only did the governor not have power to create legal requirements he was
using armed personnel to enforce, he was specifically forbidden by the Texas Constitution from
doing so. By the creation of a document consequent to the false penal statute the governor
promulgated by edict, constituted a simulated a legal process in violation of Texas Penal Code
Section 32.48 which reads in pertinent part as follows:
Section 32.48
28 of 151
(a) A person commits an offense if the person recklessly causes to be delivered to
another any document that simulates a summons, complaint, judgment, or other court
process with the intent to:
(1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the
document, in compliance with the document, or on the basis of the document.
5. 1st Degree Felony Aggravated Assault
In Complaint’s humble opinion, Texas has the best corpus juris (body of law) of any state in the
union. Our legal system was conceived using English and United States law as a model. That
amounts to 800 years of careful refinement. Texas took that mass of legal experience and honed
it into as system that has a legal remedy for most any malady.
a) Simple Assault
In the instant case, Texas has a law unique to Texas. When Texas put pistols on the hips of
public officials, they placed an incredible responsibility on them. In Texas, if you indulge in
offensive speech or offensive touching you will be in violation of Texas Penal Code 22.01 which
reads in pertinent part as follows:
Sec. 22.01. ASSAULT.

(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including
the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury,
including the person's spouse; or
provocative.
The above is simple assault and is a class C misdemeanor unless the act is committed against a
public official acting or on account of having acted in an official capacity, in which case it would
be a class A misdemeanor.
29 of 151
b) Aggravated Assault
If simple assault, as defined above, is committed by someone who is prominently displaying a

deadly weapon, that would be a second degree felony as follows:
Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person
commits assault as defined in Sec. 22.01 and the person:
(2) uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree,
So, of you are doing open carry or are an armed public official, you must exercise greater care.
c) 1st Degree Felony Aggravated Assault
However, if you commit simple assault while prominently displaying a deadly weapon and you
are a public official acting under the color (pretense) of an official capacity, under Texas Penal
Code 22.02(b)(2)(A) which reads as follows:
Sec. 22.02. AGGRAVATED ASSAULT.

(a) A person commits an offense if the person commits assault as defined in Sec. 22.01
and the person:
(b) An offense under this section is a felony of the second degree, except that the offense
is a felony of the first degree if:
(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2),
the offense is committed:
(A) by a public servant acting under color of the servant's office or employment;
The State of Texas takes the use of force, or threat of force, by its public officials very seriously.
When they put pistols in the hands of their governmental instruments, they intended that pistol be
taken very seriously.
30 of 151
E. Denial of Access To medical Care
The Governor, by the above has taken control of private business and denied the public in the
right to contract for medical services.
The elements of tortious interference with an existing contract are:
1) an existing contract subject to interference;

2) a willful and intentional act of interference with the contract;
3) that proximately caused the plaintiff's injury; and
4) caused actual damages or loss. Prudential Ins. Co. of Am. v. Fin. Review Servs., Inc., 29
S.W.3d 74, 77 (Tex. 2000).
Executive orders proclaimed by the Governor, establish on their face an intent to interfere with
any and all contracts held by anyone in the State of Texas which involve the contracting for
medical care. Funes v. Villatoro, 352 S.W.3d 200, 213 (Tex. App.--Houston [14th Dist.] 2011,
pet. denied).
While the Governor had the option of seeking Legislation that would have given legal sanction
to his actions, the Governor chose to forgo that option and act under the color of a non-existent
official capacity.
The Governor’s actions were not justified as they were in taken under a good faith claim of a
colorable legal right. In as much as the Governor is learned counsel and once held the position
of Attorney General of the State of Texas, he can hardly claim justifiable mistake. Texas Beef
Cattle Co. v. Green, 921 S.W.2d 203, 211 (Tex. 1996)).
1. Interference With Private Contract
Healthcare insurance, Medicare, Medicate and VA medical among others are contracts the
United States has with the public. Under the United States Constitution, Article I, Section 10,
Clause 1 reads as follows:
Article I, Section 10, Clause 1, No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit;
make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of
31 of 151
Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant
any Title of Nobility. (emphasis added)
By the above, Governor Abbott, denied the citizens the right to contract for medical services and
where contracts, in the form of medical insurance, already existed, denied the people in the right
to benefit from the contracts already in place and paid for.
“A wise and frugal government, which shall leave men free to regulate their own pursuits
of industry and improvement, and shall not take from the mouth of labor the bread it has
earned — this is the sum of good government.” – Thomas Jefferson , First Inaugural
Address, 1801
2. Violation of Oath
Upon taking office, Governor Abbott swore to the following oath:
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, , do

solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the
State of Texas, and will to the best of my ability preserve, protect, and defend the
Constitution and laws of the United States and of this State, so help me God.
By the above, the Governor exerted and authority he did not have an in the process denied the
citizens of the State of Texas in their right to seek medical care in accordance with contracts they
had with private entities and the Federal Government.
F. Right to Bail Suspended

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.
a) Right to Bail
Bail is a function of the courts, not the executive. The executive can ask for bail or that bail be
withheld but only the courts or the local sheriff can grant it. The Governor of the State of Texas
has no power to set or revoke bale. The Governor, by his proclamations had issued an order to
the court commanding them to make a specific judicial determination. This is an act beyond the
scope of the authority of the governor as is in direct contravention to the prohibitions in Texas
Constitution ArticleI1 and Article II.
32 of 151
b) Separation of Powers
c) Mass Incarceration
For a number of years now the country has been dealing with what is called the “mass
incarceration” issue. Half of the budget for the criminal justice system in Texas is currently
being expended for pre-trial detainees. These are people who have had the temerity to be
accused of crime while poor. They are put in massively overcrowded jail and held in for months
awaiting trial.
d) Denied Opportunity to Stay Safe
With the current pandemic, this places all of these people in an extremely precarious position.
They cannot social distance. There simply is not room. They cannot choose who they get close
to as there is simply not room. They cannot leave because they can’t afford bail and the
Governor wants to stop the courts from trying to relieve some of the crowding.
Anyone who contracts Covid 19 in one of these overcrowded jails, who would have been eligible
for the release programs Governor Abbott has illegally curtailed is on the Governor’s head. This
can be construed as nothing less than depraved heart assault and murder if death occurs.
2. Official Oppression
The Governor, by way of his proclamations purports to suspend laws passed by the Legislature
as follows:
Art. 17.15. Rules Fixing Amount of Bail Suspended

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.
a) 15.21 Release on Personal Bond Suspended

Art. 15.21. RELEASE ON PERSONAL BOND IF NOT TIMELY DEMANDED. If the
proper office of the county where the offense is alleged to have been committed does not
demand an arrested person described by Article 15.19 and take charge of the arrested
person before the 11th day after the date the person is committed to the jail of the county
33 of 151
in which the person is arrested, a magistrate in the county where the person was arrested
shall:
(1) release the arrested person on personal bond without sureties or other security; and
(2) forward the personal bond to:
(A) the sheriff of the county where the offense is alleged to have been committed; or
(B) the court that issued the warrant of arrest.
b) 42.032 Good Conduct Statute Suspended

Art. 42.032. GOOD CONDUCT.
Sec. 1. To encourage county jail discipline, a distinction may be made to give orderly,
industrious, and obedient defendants the comforts and privileges they deserve. The
reward for good conduct may consist of a relaxation of strict county jail rules and
extension of social privileges consistent with proper discipline.
Sec. 2. The sheriff in charge of each county jail may grant commutation of time for good
conduct, industry, and obedience. A deduction not to exceed one day for each day of the
original sentence actually served may be made for the term or terms of sentences if a
charge of misconduct has not been sustained against the defendant.
Sec. 3. This article applies whether or not the judgment of conviction is a fine or jail
sentence or both, but the deduction in time may not exceed one-third of the original
sentence as to fines and court costs assessed in the judgment of conviction.
Sec. 4. A defendant serving two or more cumulative sentences shall be allowed
commutation as if the sentences were one sentence.
Sec. 5. Any part or all of the commutation accrued under this article may be forfeited
and taken away by the sheriff:
(1) for a sustained charge of misconduct in violation of any rule known to the
defendant, including escape or attempt to escape, if the sheriff has complied with
discipline proceedings as approved by the Commission on Jail Standards;
(2) on receipt by the sheriff of a certified copy of a final order of a state or federal
court that dismisses as frivolous or malicious a lawsuit brought by a defendant while
the defendant was in the custody of the sheriff; or
(3) if the defendant, in violation of an order entered under Article 42.24, contacts
the victim of the offense for which the defendant is serving a sentence or a member of
the victim's family.
Sec. 6. Repealed by Acts 2009, 81st Leg., R.S., Ch. 854, Sec. 7, eff. June 19, 2009.
Sec. 7. The sheriff shall keep a conduct record in card or ledger form and a calendar
card on each defendant showing all forfeitures of commutation time and the reasons for
the forfeitures.
c) 42.035 Electronic Monitoring & House Arrest Suspended

Art. 42.035. ELECTRONIC MONITORING; HOUSE ARREST. (a) A court may require
a defendant to serve all or part of a sentence of confinement in county jail by
34 of 151
participating in an electronic monitoring program rather than being confined in the
county jail, if the program:
(1) is operated by a community supervision and corrections department that serves
the county in which the court is located and has been approved by the community
justice assistance division of the Texas Department of Criminal Justice; or
(2) is operated by the commissioners court of the county, or by a private vendor
under contract with the commissioners court, under Section 351.904, Local
Government Code, if the defendant has not been placed on community supervision.
(b) A judge, at the time of the pronouncement of a sentence of confinement or at any time
while the defendant is serving the sentence, on the judge's own motion or on the written
motion of the defendant, may permit the defendant to serve the sentence under house
arrest, including electronic monitoring and any other conditions the court chooses to
impose, during the person's off-work hours. The judge may require bail of the defendant
to ensure the faithful performance of the sentence.
(c) The court may require the defendant to pay to the community supervision and
corrections department or the county any reasonable cost incurred because of the
defendant's participation in the house arrest program, including the cost of electronic
monitoring.
(d) A defendant who submits to electronic monitoring or participates in the house arrest
program under this article discharges a sentence of confinement in the same manner as if
the defendant were confined in county jail.
(e) A court may revoke a defendant's participation in an electronic monitoring program
and require the defendant to serve the remainder of the defendant's sentence of
confinement in county jail if the defendant violates a condition imposed by a court under
this article, including a condition requiring the defendant to pay for participating in the
program under Subsection (c).
Setting the amount of bail is the responsibility of the Judiciary by Chapter 16 Texas Code of
Criminal Procedure.
3. Losing the Hounds
The Governor, in GA-11 unleashed his personal militia on the public as follows:
Executive Order GA-11 Page 3
The above executive order purports to subject persons entering into the State of Texas to a period
of self-imposed imprisonment for 14 days. The order comes with the threat of force to be
exercised by Special Agents of the Department of Public Safety who have been commandeered
by the Governor as his personal militia.
35 of 151
Complainant refers the reader to Section Error! Reference source not found.(B) above for a
presentation on the improper conversion of the Department of Public into the Governor’s
personal militia.
4. Depraved Heart Assault
Gov. Greg Abbott was sworn in January 15, 2019 at the state Capitol where he swore on his oath
as follows:
I, Greg Abbott, do solemnly swear (or affirm), that I w ill faithfully execute the duties of
the office of Governor of the State of Texas, and will to the best of my ability preserve,
protect, and defend the Constitution and laws of the United States and of this State, so
help me God.
The constitution the Governor swore to preserve, protect and defend specifies his duty to enforce
the laws as follows:
Sec. 10. EXECUTION OF LAWS AND CONDUCT OF BUSINESS WITH OTHER
STATES AND UNITED STATES BY GOVERNOR. He shall cause the laws to be
faithfully executed and shall conduct, in person, or in such manner as shall be prescribed
by law, all intercourse and business of the State with other States and with the United
States.
The Governor has no power to usurp the constitution or breach the separation of powers as
stipulated by Texas Constitution Article II Section 1 which reads as follows:
The Governor is forbidden from suspending laws passed by the legislature by Texas Constitution
Article 1 Section 29 which reads as follows:

The Governor failed cause the laws to be faithfully executed. In fact, he specifically ordered
magistrates and sheriffs not to faithfully execute laws passed by the Legislature in the face of the
specific prohibition on specifically that action.
36 of 151
In furtherance of the above, the Governor enlisted law enforcement personnel to illegally hold
people in jail simply because they were poor, when they had a right to release. Said act was an
act of depraved heart assault in violation of Texas Penal Code Section 22.02(b)(2)(A) which
5. Organized Crime
Any person held in a jail in Texas who would be eligible for release under Texas Code of
Criminal Procedure Articles 17.03, 17.151, 15.21, 42.032, or 42.035, were subjected to depraved
heart assault in violation of Texas Penal Code Chapter 71 which reads in pertinent part as
follows:
Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.

(a) A person commits an offense if, with the intent to establish, maintain, or participate
in a combination or in the profits of a combination or as a member of a criminal street
gang, the person commits or conspires to commit one or more of the following:
(1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft,
aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault,
sexual assault, continuous sexual abuse of young child or children, solicitation of a
minor, forgery, deadly conduct, assault punishable as a Class A misdemeanor,
burglary of a motor vehicle, or unauthorized use of a motor vehicle;
Criminal street gang is defined by Texas Penal Code 71.01(d) as follows:
Texas Penal Code 71.01(d) "Criminal street gang" means three or more persons having
a common identifying sign or symbol or an identifiable leadership who continuously or
regularly associate in the commission of criminal activities.
On or before the making and filing of this complaint, Governor Greg Abbott, conspired with the
magistrates and sheriffs of the State of Texas to committed the act of 1st Degree Felony
Aggravated Assault against all poor persons arrested on allegations of violent offenses who were
eligible for personal recognizance release, to hold them in Covid 19 infected jails in violation of
Texas Penal Code Chapter 71, against the peace and dignity of the State of Texas.
37 of 151
6. Sedition - Public Law 577.001
In this case, the Governor promulgated edicts which had to effect of breaching specific
prohibitions contained in the Texas Constitution. He then commandeered armed agents to
enforce his dictates. The above act wars with the constitution as considered by the Legislature
on passing Texas Public Law 557.001 which reads in pertinent part as follows:
A person commits an offense if the person knowingly:

(1) commits, attempts to commit, or conspires with one or more persons to commit
an act intended to overthrow, destroy, or alter the constitutional form of government
of this state or of any political subdivision of this state by force or violence;
(2) under circumstances that constitute a clear and present danger to the security of
this state or a political subdivision of this state, advocates, advises, or teaches or
conspires with one or more persons to advocate, advise, or teach a person to commit
or attempt to commit an act described in Subdivision (1); or
(3) participates, with knowledge of the nature of the organization, in the
management of an organization that engages in or attempts to engage in an act
state or of any political subdivision of this state by force or violence. Texas Public
Law 557.001
Complainant is not saying quarantine is necessarily a bad idea. Complainant is not saying people
should not take precautions. Complainant is saying, the Governor of the State of Texas has no
power to issue such an order and certainly does not have the power to threaten the public with
force of arms for not following one of his dictates. There is no corresponding law passed by the
Texas Legislature and the Legislature specifically forbids anyone other than the Legislature from
passing law. Any legislation, proclamations, or edict to the contrary is void on its face, ab
initio(from the beginning).
I, Randall Kelton, complainant in the above criminal affidavit allege and affirm that, on or
before the making and of this complaint, Greg Abbott purported to promulgate law by edict on
the filing of Governor’s Executive Order GA – 11. Said act had the effect of denying all persons
entering the state of Texas by air in the full and free access to and enjoyment of their right to the
above referenced constitutional protections. Said act by Governor was an act of Official
Oppression as defined by Texas Penal Code 39.03, against the peace and dignity of the State of
Texas.
38 of 151
V. ACTS UNDER COLOR (PRETENSE) OF LAW
During his tenure as Governor of the State of Texas, Greg Abbott has issued 31 executive orders.
Reading the orders should embarrass us all. When the Governor first stepped across a legal line,
it was our duty to rise up and rail in righteous indignation.
‘When bad men combine, the good must associate; else they will fall one by one, an
unpitied sacrifice in a contemptible struggle.’ Edmund Burke --Thoughts on the Cause of
the Present Discontents, April 23, 1770
The above is most often paraphrased as:
“All that is necessary for evil to succeed is that good men do nothing.”
It was our job to police the governmental instruments we have created. In a state of over 25
million people, no one stood up, including complainant. Instead, we sat back and winked at his
bad behavior. We created in the Governor a sense of self-confidence as his orders became more
blatant and wrongful until they had the effect of completely undermining the republic we hold in
safe keeping.
“There is danger from all men. The only maxim of a free government ought to be to trust
no man living with power to endanger the public liberty.” John Adams, Notes for an
Oration at Braintree, Massachusetts, 1772
Our Governor has taken the most robust economy in the country, if not the world, and reduced it
to a shambles and it is still crumbling in the aftermath; he imprisoned the public in their homes;
he locked our children out of the schools we paid for; and he denied all of us in effective medical
care.
Statistics show that people are dying of increased numbers of matters unrelated to Covid 19.
That is on our heads as well as the Governor’s; the governors because of his proactive
proclamations, and ours because we stood meekly by and let the Governor turn the proud state of
Texas into a dictatorship.
“If ye love wealth better than liberty, the tranquility of servitude better than the
animating contest of freedom, go home from us in peace. We ask not your counsels or
your arms. Crouch down and lick the hands which feed you. May your chains set lightly
upon you, and may posterity forget that you were our countrymen.” Samuel Adams -
Speech at the Philadelphia State House, August 1, 1776
39 of 151
A. Governor Is Without Power to Create, Abolish, or Change Law
The government of the State of Texas is broken into three branches, the Legislature, the
Executive, and the Judiciary. The Legislature makes the law; the Executive enforces the law,
and the Judiciary rules on the application of the law. Nothing in the intent of the founders as
evidenced by the Texas Constitution indicates the Legislature intended that the Executive branch
share law making powers with the Legislature.
a) We Have Been Here Before
The situation we now face is not unique or even unprecedented. Our founders were well-aware
of the tendency of those in power to want to increase their power and that they would never let a
good crisis go to waste. The best time for a power grab is during a crises. History shows that
governmental officials can be trusted to never let a good crisis go to wase. Often, those in
positions power and influence will create a crisis as justification for their misdeeds. Military
coups are almost always perpetrated on the heels of a carefully crafted crisis.
b) Our Founders Saw This Coming
Our founders were well-aware of this tactic and put prohibitions in place to prevent it. The
primary provision is contained in the Texas Constitution Bill of Rights as Section 28 which reads
as follows:
This is not a complex concept. It is clear that our founders contemplated a situation where the
high powers of government would be inclined to adjust or abridge the law to suit a consideration
or concern of the moment and took steps to prevent it. This concern if further buttressed by
Texas Constitution Bill of Rights at Article 29 which reads as follows:

The above provision, by its very wording clearly indicates that the concern was not an outside
interloper, but rather the “high powers” of our own government and the Governor is the highest
40 of 151
individual power in the state. It should be construed that Article I, Section 29 was pointed
directly at the Governor.
c) Laws To Be Faithfully Executed
Rather than create, abolish, or change law, the Governor was specifically commanded by the
Texas Constitution at Article IV, Section X as follows:

case, there is no authority for the above referenced action by the Governor. As the highest
executive in the state, the Governor was specifically commanded to “take care that the laws be
faithfully executed.”
d) Binding Constitution
Thomas Jefferson gave us all fair good advise:
“…in questions of power then, let no more be heard of confidence in man, but bind him
down from mischief by the chains of the constitution.” Extract from Thomas
Jefferson’s Fair Copy of the Kentucky Resolutions of 1798
The State of Texas has endured many tribulations but never did it abandon the constitution for
the expediency of the moment. Never did Texas disrespect the sacrifice of those who gave their
lives for this republic by abandoning their constitution to serve momentary convenience.
It is well established that the Texas Constitution is the highest law in the State of Texas and our
founders forbad us to discard it to serve immediate inconvenience.
Texas Constitution Bill of Rights at Article 29 although quoted above, bears repeating:

e) The Screws Doctrine
The Governor is learned counsel, was the Attorney General of the State of Texas, therefore, it
cannot be construed that he was not aware of the wrongful and unconstitutional nature of his
41 of 151
acts. This was addressed by the courts under the Screws Doctrine. In Screws v. United States,
325 U.S. 91 at 109 (1945), a sheriff and two deputies in Mississippi were drinking in a bar and
were upset at a black person and decided to arrest him. The bar tender tried to reason with them
but they would not be dissuaded. They subsequently arrested him then beat him to death on the
courthouse steps. After being tried in the state then sued in the federal courts they complained
that they did not have adequate notice. The court opined as follows:
He who defies a decision interpreting the Constitution knows precisely what he is doing.
If sane, he hardly may be heard to say that he knew not what he did. Screws v. United
States, 325 U.S. 91 at 109 (1945)
In the instant case, it cannot be construed that the Governor was somehow unaware of the illegal
nature of his behavior.
2. Masters of the Servants
If the rule of law is so important that a citizen of this republic, the master of the governmental
servant, can be held criminally liable for a “rolling stop” or “allowing their tires to touch the
yellow line” can we stand by while our highest executive of the state flaunts abolishes those laws
in direct contravention to the Constitution and exerts, or purports to exert an authority he does
not have for the purpose the misuse of public funds.
3. Fears of Our Founders
This speaks to the greatest fear of our founders. They feared the very instruments they created to
serve the people would wind up the undoing of the republic. The ultimate responsibility for
preserving the republic is in the hands of the people.
At the same time, all of us—the judiciary, the other branches of government, and our
fellow citizens—must insist that every action our governments take complies with the
Constitution, especially now. If we tolerate unconstitutional government orders during
an emergency, whether out of expediency or fear, we abandon the Constitution at the
moment we need it most. In re Salon A La Mode, et al, No.20—0340,2020 2020 WL
2125844 (Tex.May5,2020)
Complainant, as a citizen of the State of Texas and the master of the governmental instruments
we have created bring these issues before the grand jury and ask that they consider more than the
moment, look past the instant crisis and act to preserve our precious republic.
“The Constitution is not suspended when the government declares a state of disaster.”
In re Abbott, No. 20-0291, 2020 WL 1943226, at *1 (Tex. Apr. 23, 2020). All government
42 of 151
power in this country, no matter how well-intentioned, derives only from the state and
federal constitutions.
I ask that you not grant the Governor a moral waiver simply because he hold a high office. I
remind you that our founder put safeguards in place I now invoke for the specific purpose of
restraining the high offices of government.
Government power cannot be exercised in conflict with these constitutions, even in a

pandemic. In re Salon A La Mode, et al, No.20—0340,2020 2020 WL 2125844
(Tex.May5,2020)
When the people lose the will to protect their rights, our government officials, acting in the best
of faith will make sure to let no crisis go to waste, and will gladly take those rights from us as
Governor Abbott has so aptly demonstrated.
At the Virginia Convention on March 23, 1775, Patrick Henry spoke these famous words in his
speech. He addressed the audience with intentions of convincing them that they must enter the
Revolutionary War in order to defend their freedom. He spoke about:
• How they were turning their eyes to an injustice

• How ignoring how Britain treated them could not be good for their country in the long
run.
• It was their duty not only to themselves, but also to God to fight for the freedom they
believed they so rightly deserved.
His last words to the audience were:
"Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?
Forbid it, Almighty God! I know not what course others may take; but as for me, give me
liberty or give me death!"
B. Improper Taking
Governor Abbott, by a number of his executive orders purported to property in the private pervue
of the people.
a) Limits on Power To Take Property
The Texas Constitution Article IV creates the office of Governor and assigns certain powers and
authorities to the Governor. The office of Governor was created to be the head of the Executive
branch of government and was given power over offices and agencies of the executive branch.
43 of 151
b) Disaster Act Only Grants Increased Power Over Regulatory
Agencies
The Legislature, on passing the Texas Disaster Act of 1975, increased the powers of the
Governor. It should be noted that the powers granted to the Governor under the Texas Disaster
Act of 1975 only increased his power over governmental agencies. Sections 418.016 and
418.017 give the Governor the authority abolish regulatory statutes. It should be noted that
“Regulatory Statutes” are not “General States. Regulatory statutes apply to regulatory agencies
and parties who are in contractual privity with the agency through an occupational license.
Those regulations only apply to the licenses individual in the limited capacity of the licensee’s
actions under authority of the license.
Sec. 418.016. SUSPENSION OF CERTAIN LAWS AND RULES.

(a) The governor may suspend the provisions of any regulatory statute prescribing the
procedures for conduct of state business or the orders or rules of a state agency if strict
compliance with the provisions, orders, or rules would in any way prevent, hinder, or
delay necessary action in coping with a disaster.
(b) Upon declaration of a state of disaster, enforcement of the regulation of on-premise
outdoor signs under Subchapter A, Chapter 216, Local Government Code, by a
municipality that is located in a county within, or that is located in a county adjacent to a
county within, the disaster area specified by the declaration is suspended to allow
licensed or admitted insurance carriers or licensed agents acting on behalf of insurance
carriers to erect temporary claims service signage for not more than 30 days or until the
end of the declaration of disaster, whichever is earlier.
c) Compensation
The Governor may commandeer private property under specific and limited circumstances, only
in order to cope with an emergency but then, the state becomes liable for compensation under
Sec. 418.017 as follows:
Sec. 418.017. USE OF PUBLIC AND PRIVATE RESOURCES. (a) The governor may
use all available resources of state government and of political subdivisions that are
reasonably necessary to cope with a disaster.
(b) The governor may temporarily reassign resources, personnel, or functions of state
executive departments and agencies or their units for the purpose of performing or
facilitating emergency services.
(c) The governor may commandeer or use any private property if the governor finds it
necessary to cope with a disaster, subject to the compensation requirements of this
chapter.
44 of 151
d) Deposit Required Before Taking
In the instant case, as the state did not take physical possession of the property over which the
Governor asserted control, the state was required to provide a deposit of money to compensate
the owner for the taking.
Article I Section 17 Section 17 - TAKING, DAMAGING, OR DESTROYING PROPERTY

FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF
PRIVILEGES AND FRANCHISES
No person's property shall be taken, damaged or destroyed for or applied to public use
without adequate compensation being made, unless by the consent of such person; and,
when taken, except for the use of the State, such compensation shall be first made, or
privileges or immunities, shall be made; but all privileges and franchises granted by the
Legislature, or created under its authority shall be subject to the control thereof.
e) Constitutional Prohibition
Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in their persons,
houses, papers and possessions, from all unreasonable seizures or searches, and no
warrant to search any place, or to seize any person or thing, shall issue without
describing them as near as may be, nor without probable cause, supported by oath or
affirmation.
“A Government is instituted to protect property of every sort...This being the end of government, that alone is
a just government, which impartially secures to every man, whatever is his own.” James Madison,
Property, March 29, 1792
f) Failed To Provide Claim Mechanism
The Governor, on issuing his proclamations wherein he took control of properties owned by
private parties failed to provide a method for seeking claims as required by Sec. 418.153.
COMPENSATION CLAIMS which reads as follows:
Sec. 418.153. COMPENSATION CLAIMS. (a) A person claiming compensation for the
use, damage, loss, or destruction of property under this chapter shall file a claim for
compensation with the division in the form and manner required by the division.
(b) Unless the amount of compensation on account of property damage, loss, or
destruction is agreed on between the claimant and the division, the amount of
compensation is computed in the same manner as compensation due for taking of
property under the condemnation laws of this state.
45 of 151
g) Prohibition On Taking Without Compensation
While the requirement for compensation does not apply in all circumstances, property cannot be
taken without compensation when said taking is in violation of the constitution as stipulated by
Section Sec. Texas Government Code Section 418.154 which reads in pertinent part as follows:
Sec. 418.154. CERTAIN CLAIMS EXCLUDED. This subchapter does not apply to or
authorize compensation for:
(3) contravention of Article I, Section 17, of the Texas Constitution or statutes
pertaining to that section.
The Texas Constitution Article 1 Section 17 strictly forbids the taking of private property
without compensation as follows:
Sec. 17. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND
IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES.
(a) No person's property shall be taken, damaged, or destroyed for or applied to public
use without adequate compensation being made, unless by the consent of such person,
and only if the taking, damage, or destruction is for:
(1) the ownership, use, and enjoyment of the property, notwithstanding an incidental
use, by:
(A) the State, a political subdivision of the State, or the public at large; or
(B) an entity granted the power of eminent domain under law; or
(2) the elimination of urban blight on a particular parcel of property.
(b) In this section, "public use" does not include the taking of property under Subsection
(a) of this section for transfer to a private entity for the primary purpose of economic
development or enhancement of tax revenues.
(c) On or after January 1, 2010, the legislature may enact a general, local, or special
law granting the power of eminent domain to an entity only on a two-thirds vote of all the
members elected to each house.
(d) When a person's property is taken under Subsection (a) of this section, except for the
use of the State, compensation as described by Subsection (a) shall be first made, or
privileges or immunities shall be made; but all privileges and franchises granted by the
Legislature, or created under its authority, shall be subject to the control thereof.
It should be noted that the above prohibition is contained in Article I of the Texas Constitution,
The Bill of Rights. As such, it is a permanent fixture in the law and may not be changed or
circumvented by subsequent legislation.
46 of 151
C. Governor’s Personal Militia
The State of Texas does not maintain a standing militia. If it did, the Governor would effectively
have his own army. Our Texas founders did not see fit to create a standing militia with good
cause. The founders of the United States spoke to the dangers of a standing army as follows:
During the Virginia ratifying convention, James Madison described a standing army as the
“greatest mischief that can happen.”
Delegate to the Constitutional Convention of 1787, George Mason addressed standing armies as
follows:
“No man has a greater regard for the military gentlemen than I have. I admire their
intrepidity, perseverance, and valor. But when once a standing army is established in any
country, the people lose their liberty. When, against a regular and disciplined army,
yeomanry are the only defence [sic], — yeomanry, unskillful and unarmed, — what
chance is there for preserving freedom? Give me leave to recur to the page of history, to
warn you of your present danger. Recollect the history of most nations of the world. What
havoc, desolation, and destruction, have been perpetrated by standing armies!” George
Mason
James Madison, in the Federalist, No. 29 opined on the subject as follows:
If circumstances should at any time oblige the government to form an army of any
magnitude that army can never be formidable to the liberties of the people while there is
a large body of citizens, little, if at all, inferior to them in discipline and the use of arms,
who stand ready to defend their own rights and those of their fellow-citizens. This
appears to me the only substitute that can be devised for a standing army, and the best
possible security against it, if it should exist. James Madison, in the Federalist, No. 29
In an essay published in the Wall Street Journal last August, Radley Balko, author of “Rise of the
Warrior Cop” presents chilling and convincing evidence of the blurring of the line between cop
and soldier:
Driven by martial rhetoric and the availability of military-style equipment — from

bayonets and M-16 rifles to armored personnel carriers — American police forces have
often adopted a mind-set previously reserved for the battlefield. The war on drugs and,
more recently, post-9/11 antiterrorism efforts have created a new figure on the U.S.
scene: the warrior cop — armed to the teeth, ready to deal harshly with targeted
wrongdoers, and a growing threat to familiar American liberties. Radley Balko, -- “Rise
of the Warrior Cop
Texas has divided up law enforcement among the 254 counties with elected Sheriff’s ruling over
each department. This was no accident on the part of our founders. It was a conscious and
necessary strategy to prevent just the situation the Governor would now put upon us.
47 of 151
Our founders did not create a state police, with good reason. State police only became expedient
when the Legislature created a statewide traffic code which the local sheriffs were reluctant to
enforce. In the creation of the Highway Patrol, restrictions were carefully crafted to keep them
out of the hands of the politicians.
What will we say when our children ask how we managed to give them this police state? We
will have to answer, “Baby steps.” Through a series of seemingly minor adjustments toward
administrative convenience and adjudicative expediency, we gradually let the flood gates open
while we slept.
We cannot stand by while our Governor, acting as a most kind and benevolent dictator, converts
our traffic police to the standing army our founders warned us about.
1. DPS Statutory Authority
The Governor is given power over the military forces of the State of Texas by the Texas
Constitution Article IV Section VI as follows:
SECTION VI. He shall be Commander in Chief of the militia of the State, except when
they are called into the actual service of the United States.
The Governor, by his executive orders, has commandeered the Texas Department of Public
Safety and has tasked them with enforcing his edicts in violation of their charter as stipulated by
Texas Administrative code Title 37 Rule 1.11(d) which reads in pertinent part as follows;
(d) It is a solemn obligation of members of the department to uphold the constitutions of

the United States and the State of Texas as well as to enforce the statutory enactments.
Constitutional provisions take precedence over statutory enactments. In the enforcement
of the provisions of a statute, personnel of the department of public safety will refrain
from infringing upon any rights or privileges guaranteed by the constitutions.
Further, it is the statutory policy of the Department of Public Safety, at Texas Administrative
code Title 37 Rule 1.11(e) to only enforce regulatory authorities and leave criminal enforcement
to local law enforcement as follows:
(e) The department recognizes that the basic responsibility for the enforcement of the
criminal laws rests with the local officers in their respective jurisdictions. It is the policy
of the department to cooperate with and assist local officers fully in these matters but to
leave the basic responsibility to them unless specifically assigned to do otherwise.
The Legislature of the State of Texas, on creating the DPS only intended that the agency enforce
traffic laws by Texas Administrative code Title 37 Rule 1.11(f) which reads as follows:
48 of 151
(f) It is the policy of the department to assume primary responsibility for traffic
supervision on the rural highways of this state, including the regulation of commercial
traffic.
The Texas Department of Public Safety by way of Texas Administrative code Title 37 Rule
1.11(g), was tasked with cooperating with all governmental agencies in discharging statutory
duties as follows:
(g) The department will cooperate with all governmental agencies discharging statutory
duties when assistance complies with state law and departmental policies and
regulations.
There is nothing in the enacting legislation that can be construed to give Texas Department of
Public Safety power to enforce proclamations or pronouncements of the Governor. In fact, they
were specifically restricted to statutory duties.
2. Improper Use of Military Style Force
Governor Abbott, by the above, threatened the citizens of the State of Texas with the use of force
or deadly force when he commandeered the Department of Public Safety as an enforcement arm
of his personal militia. This will be discussed in more detail below in the discussion of each
relevant executive order.
The Governor has further threatened each “covered person” with search of their private abodes,
without warrant, by his armed militia with the threat of arrest, fine and/or imprisonment, if they
defy one of his edicts to the letter.
Further, since the edicts fail to specify the nature and cause of the proclamations, the people are
left to infer when they are in compliance and when they are not.
D. Business Closure Violates The Due Process Clause

Under Governor Abbott’s Executive Orders, Relators’ businesses are assumed to be virus
incubators despite a lack of evidence demonstrating so and without providing those businesses
with any due process to contest that assumption. Article I, § 19 of the Texas Constitution
provides that:
“No citizen of this State shall be deprived of life, liberty, property, privileges or
immunities, or in any manner disfranchised, except by the due process of the law of the
land.”
49 of 151
Article 1.04 of the Texas Code of Criminal Procedure parrots the language of the due course of
law provision identified in article I, section 19 of the Texas Constitution and reads as follows:
Art. 1.04. DUE COURSE OF LAW. No citizen of this State shall be deprived of life,
liberty, property, privileges or immunities, or in any manner disfranchised, except by the
due course of the law of the land.
Moreover, Texas Code of Criminal Procedure art. 38.03 provides that:
Art. 38.03. PRESUMPTION OF INNOCENCE. All persons are presumed to be innocent

and no person may be convicted of an offense unless each element of the offense is
proved beyond a reasonable doubt. The fact that he has been arrested, confined, or
indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at
his trial.
Article I, section 19, precludes a governmental from requiring that a person prove his/her
innocence before they will be allowed to exercise a constitutionally protected right. Under the
Governor’s executive orders, one must prove a near death condition before they can seek
medical care or face criminal penalties. One must prove they are not infected before they can
enter into the State of Texas and exercise their right to locomotion. Also, if someone is arrested
and poor, they are subject to being denied the right to release on personal recognizance and will
be held in a crowded, Covid19 incubator awaiting trial.
E. Orders Violate Separation of Powers Doctrine

Abbott’s Executive Orders unconstitutionally infringe on the roles of the coequal branches of the
Legislature and the Judiciary. The Texas Constitution divides the government into “three
distinct departments, each of which shall be confided to a separate body of magistracy, to wit:

The Texas separation of powers doctrine “prohibits one branch of government from exercising a
power belonging inherently to another.” In re Dean, 393 S.W.3d 741, 747 (Tex. 2012).
1. Exceptions Must Be Explicit
Because of the Texas Constitution’s “explicit prohibition against one government branch
exercising a power attached to another,” Perry v. Del Rio, 67 S.W.3d 85, 91 (Tex. 2001),
50 of 151
exceptions to the constitutionally-mandated separation of powers may “never be implied in the
least; they must be ‘expressly permitted’ by the Constitution itself.” Fin. Comm'n of Texas v.
Norwood, 418 S.W.3d 566, 570 (Tex. 2013).
2. Legislation Expressly Delegated to Legislature
Here, the Texas Constitution, Article I, §28, expressly delegates to the Legislature the sole
authority to “suspend law” and there is no provision of Texas law in which the legislature has
clearly, expressly, and unequivocally ceded that authority to the executive. The Texas
Legislature, not Governor Abbott, is responsible for creating laws under Article II, §1.
3. Executive Orders Infringe On Legislative Power
Abbott’s Orders infringe upon the Legislature’s powers by suspending laws enacted by the
Legislature, in the absence of constitutional authority to do so. The Texas Constitution vest all
lawmaking power in the Legislature, including the power to make, alter, suspend, and repeal
laws. Walker v. Baker, 196 S.W.2d 324, 328 (1946).
F. Orders Violate the Equal Protection Clause of the Texas Constitution.

Abbott, assumes that preventing the spread of COVID-19 represents a compelling government
interest. However, the means to fulfill that interest usurp the laws or Constitution of the State of
Texas.
Abbott’s Executive Orders seek to determine which people, services, and groups are essential
and which are non-essential. His proclamations are based solely on his personal determinations
which appear to be based on vague or arbitrary criteria. Such authority to make or alter
constitutional rights and/or create legislation is the province of the legislature and the people, not
by the unilateral declaration of one person, Governor Abbott.
G. Culpable Mental State

The Governor has issued orders that restrict the people in the full and free exercise of their rights.
While the Legislature can make, amend, and repeal law, they cannot make law that binds the
people in their rights.
51 of 151
There were options available to the government. This is not our first crisis and laws have already
been enacted to handle such events. Texas Penal Code Article 6.03 already addresses these
circumstances as follows:
Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES.

(a) A person acts intentionally, or with intent, with respect to the nature of his conduct
or to a result of his conduct when it is his conscious objective or desire to engage in the
conduct or cause the result.
(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct
or to circumstances surrounding his conduct when he is aware of the nature of his
conduct or that the circumstances exist. A person acts knowingly, or with knowledge,
with respect to a result of his conduct when he is aware that his conduct is reasonably
certain to cause the result.
(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his
conduct or the result of his conduct when he is aware of but consciously disregards a
substantial and unjustifiable risk that the circumstances exist or the result will occur.
The risk must be of such a nature and degree that its disregard constitutes a gross
deviation from the standard of care that an ordinary person would exercise under all the
circumstances as viewed from the actor's standpoint.
(d) A person acts with criminal negligence, or is criminally negligent, with respect to
circumstances surrounding his conduct or the result of his conduct when he ought to be
aware of a substantial and unjustifiable risk that the circumstances exist or the result will
occur. The risk must be of such a nature and degree that the failure to perceive it
constitutes a gross deviation from the standard of care that an ordinary person would
exercise under all the circumstances as viewed from the actor's standpoint.
H. Depraved Assault/Heart Murder

Every person in the State of Texas, by Governor Abbott’s executive orders, have been subjected
to depraved heart assault. Every person who stood aside from their rights in consideration of the
threats of the Governor, backed by his self-appointed militia, have been subjected to the very
depravations of liberty Patrick Henry was willing to die for, the very rights many have already
died for.
“There is danger from all men. The only maxim of a free government ought to be to trust
no man living with power to endanger the public liberty.” John Adams, Notes for an
Oration at Braintree, Massachusetts, 1772
The Governor purported to create laws by edict, then commandeered the Texas Department of
Public Safety, as his personal armed militia, to physically enforce those law through the use of
force or threat of force by persons prominently displaying deadly weapons with the clear intent
of using those weapon toward deadly outcomes if resisted.
52 of 151
For every person who died of a life threatening condition, who did not know their condition was
life threatening because they were ordered not to seek medical assistance unless they knew their
condition was life threatening, or contracted the virus while being improperly held in a crowded
jail and perished therefrom, their blood on the hands of the Governor who lost faith with his
masters.
Depraved-heart murder can be described as involuntary manslaughter plus. That is, it

has all of the elements of involuntary manslaughter plus an additional element of
outrageousness.22 An argument against the crime’s existence is the difficulty of
ascertaining when the level of outrageousness has reached the level of depraved heart.
Professor Crump once described the concept of depraved heart as having a wonderful
rhetorical flourish like Robert Burns’s “O, my luve’s like a red, red rose,” and being just
as devoid of meaning.23 I agree that precisely where the line is between recklessness and
outrageous recklessness can be a bit murky, and undoubtedly, there are some cases that
are close to the line. Nevertheless, there are some easy cases, and they should be
punished accordingly. UNINTENTIONAL KILLINGS Arnold H. Loewy
1. Access To Medical Care
Consequent to the above, people refrained from seeking medical attention unless they knew their
conditions were life threatening. Statistics show a dramatic increase in deaths from treatable
conditions during the time in which the executive orders from the Governor restricted public
access to medical facilities.
Sec. 19.01. TYPES OF CRIMINAL HOMICIDE. (a) A person commits criminal

homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the
death of an individual.
(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent
homicide.
Where it can be shown that one person, in response to the threats made by the Governor, failed to
seek medical treatment and subsequently died of a treatable condition, the Governor’s unlawful
proclamations must be construed as a proximate cause of the death.
2. Denied Access to Bail
The Governor, by edict, ordered magistrates and sheriff’s to deny people accused of crime but
who were eligible for release on personal recognizance bonds, release from jail. For some
reason, the Governor limited his restriction only to the poor.
This trapped poor defendant inside the worst of Covid 19 incubators, the local jails.
53 of 151
If it can be shown that anyone contracted Covid 19 while being denied release they were
otherwise entitled to, the Governor should be considered criminally culpable for depraved heart
assault. If anyone subsequently died, there death would be an act of depraved heart murder and
would be on the head of the Governor as the proximate cause.
3. Legislative Option Ignored
Had the Governor convened the Legislature to apply strict scrutiny to the proclamations by the
Governor would have addressed the likelihood that people may dies unnecessarily and thereby,
these ill-considered proclamations would have succumbed to prudence and good judgment. By
acting unilaterally, in his official capacity, the Governor exerted, or purported to exert an
authority he did not have, while using the DPS in the form of his own militia as a threat of force
or deadly force against anyone who would defy his proclamations, committed the act of
Aggravated Assault, in violation of Texas Penal Code 22.02(b)(2)(A) against all who needed life
saving medical intervention or was trapped in jail as a result of the Governor’s friendly
dictatorship.
4. Unlikely Justice
It is unlikely that the Governor will ever be called to answer for deciding who gets to during this
crisis. It is the nature of public officials to protect public officials and that is precisely why I am
here appealing to a grand jury of my peers.
At the time of this filing, 5% of the available hospital space is being taken up by people who
have Covid 19. However, 75% of our hospital space is now empty as a direct result of the
personal proclamations of Governor Abbott and people are still dying from lack of medical care.
5. Jails as Covid 19 Incubator
The jails are an absolute incubating ground for the virus. It can hardly be construed that the
Governor was unaware of the likelihood that people would die as a result of his order. I am sure
the Governor rationalized his interference with the rule of law with the considerations that
possibly more people would die if he did not take the actions he did. But we don’t get to round
up the infected, pile them up and burn them to protect the un-infected.
54 of 151
6. Civil Binds Us to the Rules
In Viet Nam, the CIA spooks told us that, if we went into a village and killed half the kids, the
soldiers in the field would be demoralized and return home to protect their families. That was
the CIA. They apparently didn’t have rules, but we did. We had rules and we followed them.
The Governor had rules binding him down to the Constitution and he chose to ignore them. This
is on him.
VI. IMPROPER EXECUTIVE ORDERS
A. GA – 02 Suspension of Laws
On the 13th day of September, 2017 the Governor issued an executive order
Relating to the suspension of the seven-day waiting period for certain state unemployment
insurance claimants who have become unemployed as a direct result of the disaster created by
Hurricane Harvey. Said order reads in pertinent part as follows:
NOW, THEREFORE, I, GREG ABBOTT, Governor of Texas, by virtue of the power and
authority vested in me by Section 207.0212 of the Texas Labor Code, do hereby order the
suspension of the seven-day waiting period requirement imposed under Section 207.02
l(a)(8) of the Texas Labor Code to authorize an individual to receive benefits for that
waiting period if the individual is:
unemployed as a direct result of a natural disaster that resulted in the major disaster
declaration issued by the President of the United States (FEMA 4332- DR) under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section 5121
etseq.; and
otherwise eligible for unemployment compensation benefits under the Texas
Unemployment Compensation Act; and
not receiving disaster unemployment assistance benefits for the period included in that
waiting period.
1. Section 207.02 l(a)(8) of the Texas Labor Code Unconstitutional
In this executive order Governor Abbott claims authority under Section 207.0212 of the Texas
Labor Code which reads as follows:
(a) In this section, “disaster unemployment assistance benefits” means benefits

authorized under Section 410, Robert T. Stafford Disaster Relief and Emergency
Assistance Act ( 42 U.S.C. Section 5177 ), and rules adopted under that section.
(b) Notwithstanding Section 207.021 , the Governor, by executive order, may suspend
the waiting period requirement imposed under Section 207.021(a)(8) to authorize an
individual to receive benefits for that waiting period if the individual:
55 of 151
(1) is unemployed as a direct result of a natural disaster that results in a disaster
declaration by the president of the United States under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act ( 42 U.S.C. Section 5121 et seq. );
(2) is otherwise eligible for unemployment compensation benefits under this subtitle;
and
(3) is not receiving disaster unemployment assistance benefits for the period
included in that waiting period.
It is clear from a reading of the referenced code that the code grants no power to change the
mandate of Section 207.02 l(a)(8) of the Texas Labor Code. It appears as though the Governor
was testing the waters to see if anyone raised an objection. It is amazing to Complainant that,
with over 25 million citizens in this republic, not one raised an issue over passage of the above
legislation. The legislation purports to grant the Governor power to abolish law. This is a direct
violation of the specific prohibition of the Texas Constitution Bill of Rights as Section 28 which
reads as follows:
The power to abolish law was intended to be in the hands of the Legislature and the Legislature
only. There is noting in the Texas Constitution to indicate that our founders intended that the
Legislature had the power to delegate it’s primary authority.
a) High Powers Singled Out
It is clear that our founders contemplated a situation where the high powers of government
would be inclined to adjust or abridge the law to suit a consideration or concern of the moment
and took steps to prevent it. This concern if further buttressed by Texas Constitution Bill of
Rights at Article 29 which reads as follows:

b) Laws Be Faithfully Executed
Rather than abolish law, the Governor was specifically commanded by Article IV, Section X as
follows:
56 of 151
case, there is no authority for the specific act and the highest executive in the state was
specifically commanded to “take care that the laws be faithfully executed.”
2. Official Misconduct
The Governor, while acting under the color (pretense) of his official capacity as the highest level
public officer in the State of Texas, abridged laws of the state and improperly dispersed funds in
excess of $300,000.00, in violation of Texas Penal Code 39.02 which reads in pertinent part as
follows:
Sec. 39.02. ABUSE OF OFFICIAL CAPACITY.

(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to
harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant's office or employment; or
(2) misuses government property, services, personnel, or any other thing of value
belonging to the government that has come into the public servant's custody or
possession by virtue of the public servant's office or employment.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor.
(c) An offense under Subsection (a)(2) is:
(7) a felony of the first degree if the value of the use of the thing misused is $300,000 or
more.
Complaint alleges that, on or before the making and filing of this complaint, Greg Abbott,
exerted an authority he did not have by abridging a law of the State of Texas and illegally
disbursed amounts in excess of $300,000.00 from the public treasury, to the public in order to
enhance his electability, in an act of Official Misconduct, in violation of Texas Penal Code
Article 39.02(c)(7) against the peace and dignity of the State of Texas.
57 of 151
B. GA – 06 Suspension of Laws
On the 13th day of July, 2019 Governor Abbot issues and order Relating to necessary assistance
from qualified plumbers with disaster recovery and preparedness, suspending Section 1301.003
of the Texas Occupations Code to prevent the imminent abolition of the Texas State Board of
Plumbing Examiners and expiration of the Plumbing License Law on September 1, 2019, and
delaying that abolition and expiration until disaster needs subside or the 87th legislature
addresses the matter which reads as follows:
NOW, THEREFORE, by virtue of the power and authority vested in me by the Texas
Constitution and the Texas Disaster Act of 1975, I do hereby suspend Section 1301.003 of
the Texas Occupations Code to prevent the imminent abolition of the Texas State Board
of Plumbing Examiners and expiration of the Plumbing License Law on September 1,
2019, and to delay that abolition and expiration until disaster needs subside or the 87th
legislature addresses the matter. To facilitate the legislature’s consideration of the issue,
this suspension shall have the force and effect of law until May 31, 2021. This executive
order supersedes all previous orders on this matter that are in conflict or inconsistent
with its terms, and this order shall remain in effect and in full force until modified,
amended, rescinded, or superseded by me or by a succeeding Governor.
1. TEXAS SUNSET ACT.
Chapter 325 Texas Government Code, referred to as The Texas Sunset Act, as passed in 1977
by the Sixty-fifth Legislature, provided for a commission to review most state agencies every
twelve years in order to determine if they should be continued or abolished.
a) Roots of Sunset Provisions Go Way Back
The roots of sunset provisions are laid in Roman law of the mandate but the first philosophical
reference is traced in the laws of Plato. At the time of the Roman Republic, the empowerment of
the Roman Senate to collect special taxes and to activate troops was limited in time and extent.
Those empowerments ended before the expiration of an electoral office, such as the Proconsul.
The rule Ad tempus concessa post tempus censetur denegata is translated as "what is admitted
for a period will be refused after the period". The same rules were applied in the Roman
emergency legislation. The fundamental principle appeared in several areas of legislation and
later codified in the Codex Iustinianus (10, 61, 1). The principle was broken when Julius
Caesar became dictator for life.
58 of 151
b) The Texas Version
The Texas Sunset provision was established in 1977. Under Texas law, all agencies – except
universities, courts, and agencies established by the Texas Constitution – will be abolished on a
specific date, generally 12 years after creation or renewal, unless the Texas Legislature passes
specific legislation to continue its functions.
(1) Advisory Commission
A 12-member Sunset Advisory Commission oversees the provisions of the Texas Sunset Act. The
commission consisting of five members of the Texas Senate and one member from the general
public appointed by the Lieutenant Governor of Texas, and five members of the House and one
member from the general public appointed by the Speaker of the Texas House of
Representatives. Legislative members are appointed for four-year terms, with half of the
commission reappointed on or before September 1 of odd-numbered years, while public
members serve two-year terms. The chairman and vice-chairman are appointed by the lieutenant
Governor and speaker, and the chairmanship alternates between the Senate and House every two
years. The Commission is assisted by an executive director and staff, who review each agency
subject to sunset provisions.
(2) Compulsory Self Review
Under the process, each agency must perform for the commission a self-review of its roles and
responsibilities, including areas where its duties may overlap those of other agencies and the
effect of the agency's abolition on loss of federal funding. The self-review must be completed by
September 1 of the odd-numbered year before the year when the agency would be otherwise
abolished. The commission must then complete its own review by the following January 1 and
hold public hearings by the following February 1.
About 20 to 30 agencies go through the sunset process each legislative session. Constitutionally
established agencies are subject to review, but they cannot be abolished under the sunset
provisions.
59 of 151
(3) Commission Recommendation
The commission may recommend that an agency be continued in its present form (nearly always
with recommendations to the legislature for improvement), consolidated with another agency, or
abolished, with its duties either eliminated or transferred to other agencies.
2. Governor Lacked Power to Circumvent the Sunset Act
By the above, Governor Abbot proclaimed that, “, I do hereby suspend Section 1301.003 of the
Texas Occupations Code to prevent the imminent abolition of the Texas State Board of Plumbing
Examiners and expiration of the Plumbing License Law on September 1, 2019. Governor Abbott
asserts authority to override the laws of the State of Texas.
Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the
most oppressive. C. S. Lewis, from his 1948 book God in the Dock: Essays on Theology
Under the dictates of the Texas Constitution, the Governor is forbidden to suspend law.
follows:

more.
60 of 151
61 of 151
C. Texas Disaster Declaration
On the 13th day of March, 2020 Governor Abbott issued a disaster proclamation, certifying under
Section 418.014 of the Texas Government Code that COVID-19 poses an imminent threat of
disaster for all counties in the State of Texas which reads in pertinent part as follows:
TO ALL TO WHOM THESE PRESENTS SHALL COME:

NOW, THEREFORE, I, GREG ABBOTT, Governor of the State of Texas, do hereby
certify that COVID- 19 poses an imminent threat of disaster. In accordance with the
authority vested in me by Section 418.014 of the Texas Government Code, I hereby
declare a state of disaster for all counties in Texas.
Pursuant to Section 418.017 of the code, I authorize the use of all available resources of
state government and of political subdivisions that are reasonably necessary to cope with
this disaster.
Pursuant to Section 418.016 of the code, any regulatory statute prescribing the
procedures for conduct of state business or any order or rule of a state agency that would
in any way prevent, hinder, or delay necessary action in coping with this disaster shall be
suspended upon written approval of the Office of the Governor.
However, to the extent that the enforcement of any state statute or administrative rule
regarding contracting or procurement would impede any state agency’s emergency
response that is necessary to cope with this declared disaster, I hereby suspend such
statutes and rules for the duration of this declared disaster for that limited purpose.
In accordance with the statutory requirements, copies of this proclamation shall be filed
with the. applicable authorities.
1. Suspension of Random Laws
In paragraph’s 11 and 12 of the Governor’s disaster declaration the Governor orders the
suspension of laws as follows:
Pursuant to Section 418.016 of the code, any regulatory statute prescribing the
procedures for conduct of state business or any order or rule of a state agency that would
in any way prevent, hinder, or delay necessary action in coping with this disaster shall be
suspended upon written approval of the Office of the Governor.
However, to the extent that the enforcement of any state statute or administrative rule
regarding contracting or procurement would impede any state agency’s emergency
response that is necessary to cope with this declared disaster, I hereby suspend such
statutes and rules for the duration of this declared disaster for that limited purpose.
2. Section 410.012 Unconstitutional on its Face
Section 418.012 of the Texas Disaster Act states that executive orders, proclamations, and
regulations’ issued under that chapter have the force and effect of law as follows:
62 of 151
Sec. 418.012. EXECUTIVE ORDERS. Under this chapter, the governor may issue
executive orders, proclamations, and regulations and amend or rescind them. Executive
orders, proclamations, and regulations have the force and effect of law.
This provision of the Texas Disaster Act renders the entire act unconstitutional on its face.
3. 418.173 Unconstitutional on its Face
To the extent the Disaster Act of 1975 allows for the creation of laws by the Governor or any
local official, that is effective against any citizen of the State of texas, said provision is
unconstitutional and void. Texas Government Code 418.173 purports to give local officials the
power to prescribe punishment or fines against citizens as follows:
Sec. 418.173. PENALTY FOR VIOLATION OF EMERGENCY MANAGEMENT PLAN.

(a) A state, local, or interjurisdictional emergency management plan may provide that
failure to comply with the plan or with a rule, order, or ordinance adopted under the plan
is an offense.
(b) The plan may prescribe a punishment for the offense but may not prescribe a fine
that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.
Regulatory agencies of the executive branch of government are empowered to create rules and
regulations that govern government agencies. The only entity in the State of Texas authorized by
the Texas Constitution to create to create law is the Texas Legislature. See Section V(A) above.
4. Executive Orders Violate of Separation of Powers Doctrine
The Texas Constitution vests law-making power in the legislature. TEX. CONST. art. II, §1 as
follows:

See Boykin v State, 818 S.W.2d 782, 785 (Tex. Crim. App. 1991);
When we interpret statutes such as Article 4476-15b, § 2(a)(1), we seek to effectuate the
"collective" intent or purpose of the legislators who enacted the legislation. Camacho v.
State, 765 S.W.2d 431 (Tex.Cr.App.1989). We do so because our state constitution
assigns the lawmaking function to the Legislature while assigning the
law interpreting function to the Judiciary. See Tex. Const, art. II, § 1.
63 of 151
This is a condition not to breached lightly. Our founders spoke at length to this subject. George
Washington, in his farewell address, on September 19, 1796 left us with this admonition:
It is important, likewise, that the habits of thinking in a free country should inspire
caution in those entrusted with its administration to confine themselves within their
respective constitutional spheres, avoiding in the exercise of the powers of one
department to encroach upon another. The spirit of encroachment tends to consolidate
the powers of all the departments in one, and thus to create, whatever the form of
government, a real despotism. A just estimate of that love of power and proneness to
abuse it which predominates in the human heart is sufficient to satisfy us of the truth of
this position. The necessity of reciprocal checks in the exercise of political power, by
dividing and distributing it into different depositories, and constituting each the guardian
of the public weal against invasions by the others, has been evinced by experiments
ancient and modern, some of them in our country and under our own eyes. To preserve
them must be as necessary as to institute them.”
James Madison, in The Federalist Papers No. 47 spoke to the issue as follows:
The accumulation of all powers, legislative, executive, and judiciary, in the same hands,
whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may
justly be pronounced the very definition of tyranny. James Madison The Federalist
Papers No. 47
Thomas Jefferson, in his work, Thomas Jefferson On Politics & Government, at 21 spoke to the
separation of powers as follows:
The principle of separation of powers applies not only to the Federal and State
governments, but also to the three branches within each government. When this
separation is properly respected, no single branch can gather sufficient power to itself
that will allow it to exercise despotic control over the whole nation.
We owe it to our progeny to heed the wisdom of our predecessors.
5. Emergency Legislative Session
The current emergency in no way required the suspension of law by the Governor. This state has
functioned fine over the last 150 years without a takeover by the Governor. Instead of this
current edict, the Governor had the power and the duty to convene the Legislature where changes
in law were needed. Article IV, §8 (a) of the Texas Constitution provides as follows:
“The Governor may, on extraordinary occasions, convene the Legislature at the seat of
government, or at a different place in case that should be in possession of the public
enemy or in case of the prevalence of disease threat. His proclamation therefor shall
state specifically the purpose for which the Legislature is convened.” (emphasis added).
64 of 151
The founders of the Texas Constitution contemplated convening the legislature on “extraordinary
occasions” and that “the prevalence of a disease threat” like COVID-19 may require the
legislature to meet at a “different place” other than the “seat of government.” TEX. CONST. art.
IV, §8.
This provision allows our duly elected representative and not one individual, i.e., the Governor,
to deal with the “extraordinary occasion.” Additionally, Article IV, §8 respects the long-standing
doctrine of separation of powers between co-equal branches of government.
Governor Abbott has not convened the legislature to address legislation related to “extraordinary
occasions” surrounding the COVID-19 pandemic. Instead, Abbott continues to issue executive
orders that suspend laws and infringe on the Constitutional liberties of Texans.
Article IV, §8 is consistent with Article I, §28 in that if it is necessary to suspend laws “on
extraordinary occasions,” Governor Abbott can convene the legislature to do so. Additionally,
Article IV, §8 is consistent with our strong separation of powers tradition identified in Article II,
§1 of the Texas Constitution
follows:

more.
65 of 151
Error! Reference source not found.Error! Reference source not found.Error! Reference
source not found.Error! Reference source not found.
66 of 151
D. GA – 08 Liberty Restrictions – School Taking
On the 19th day of March, 2020 Governor Abbot issued an executive order Relating to COVID-
19 preparedness and mitigation (coronavirus) which reads in pertinent part as follows:
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 11:59 p.m. on March 20, 2020, and
continuing until 11:59 p.m. on April 3, 2020, subject to extension thereafter based on the
status of COVID-19 in Texas and the recommendations of the CDC:
Order No. 1: Executive Order GA-08 Page 2 In accordance with the Guidelines from the
President and the CDC, every person in Texas shall avoid social gatherings in groups of
more than 10 people.
Order No. 2: In accordance with the Guidelines from the President and the CDC, people
shall avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms or
massage parlors; provided, however, that the use of drive-thru, pickup, or delivery
options is allowed and highly encouraged throughout the limited duration of this
executive order.
Order No. 3: In accordance with the Guidelines from the President and the CDC, people
shall not visit nursing homes or retirement or long-term care facilities unless to provide
critical assistance.
Order No. 4: In accordance with the Guidelines from the President and the CDC,
schools shall temporarily close.
This, executive order does not prohibit people from visiting a variety of places, including
grocery stores, gas stations, parks, and banks, so long as the necessary precautions are
maintained to reduce the transmission of COVID-19. This executive order does not
mandate sheltering in place. All critical infrastructure will remain operational, domestic
travel will remain unrestricted, and government entities and businesses will continue
providing essential services. For offices and workplaces that remain open, employees
should practice good hygiene and, where feasible, work from home in order to achieve
optimum isolation from COVD-19. The more that people reduce their public contact, the
sooner COVID-19 will be contained and the sooner this executive order will expire.
This executive order supersedes all previous orders on this matter that are in conflict or
inconsistent with its terms, and this order shall remain in effect and in full force until
11:59 p.m. on April 3, 2020, subject to being extended, modified, amended, rescinded, or
superseded by me or by a succeeding Governor. (emphasis added)
1. Denial of Liberty
Governor Abbott, in the above declaration acts forbidding citizens from visiting their loved ones
who are confined to extended healthcare facilities acts as a dictate by the servant binding the
master.
With specific intent to deny the people of the State of Texas in their liberty the Governor has
exerted, or purported to exert an authority he does not have and in the process, denied the people
67 of 151
of the State of Texas in the full and free exercise or enjoyment of their rights guaranteed under
the Texas Constitution. See Denial of Liberty @ VI(B) above.
2. Schools Closing as Unlawful Taking
public schools. See School Closing as Unlawful @ IV(A) above.
3. Chapter 39 Texas Penal Code
Texas Penal Code Chapter 39 consists of 7 sections, only to of which go to the general behavior
of public officials. Sections 39.02 and 3 prescribe the behavior of public officials in the general
exercise of the authority granted to them. In most states these two statutes almost directly reflect
18 USC 242, Official Misconduct. Texas has broken official misconduct down into two separate
sections. Official Misconduct in Texas goes to the misuse of money or property held in public
charge. Official Oppression was singled out to give public officials fair warning that mistreating
the people would not be tolerated. Texas Penal code 39.03 reads, in pertinent part, as follows:
Sec. 39.03. OFFICIAL OPPRESSION.

(a) A public servant acting under color of his office or employment commits an offense if
he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search,
seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right,
privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment.
(b) For purposes of this section, a public servant acts under color of his office or
employment if he acts or purports to act in an official capacity or takes advantage of such
actual or purported capacity.
On or before the making and filing of this complaint, Defendant Governor Greg Abbott, did
then and there exert, or purport to exert an authority he did not have and in the process
intentionally subjected the citizens of the State of Texas to mistreatment by issuing an executive
order which dispossessed the citizens of rights in violation of Texas Penal Code 39.03, against
the peace and dignity of the State of Texas.
68 of 151
personal militia.

Law 557.001
69 of 151
70 of 151
E. GA – 09 Suspension of Laws – Medical Treatement
On the 22nd day of March, 2020 Governor Abbot issued an executive order Relating to hospital
capacity during the COVID-19 disaster (coronavirus) which reads in pertinent part as follows:
WHEREAS, under Section 4 18.173, failure to comply with any executive order issued
during the COVID-19 disaster is an offense punishable by a fine not to exceed $1,000,
confinement in jail for a term not to exceed 180 days, or both fine and confinement.
order that, beginning now and continuing until 11:59 p.m. on April 21, 2020, all licensed
health care professionals and all licensed health care facilities shall postpone all
surgeries and procedures that are not immediately medically necessary to correct a
serious medical condition of, or to preserve the life of, a patient who without immediate
performance of the surgery or procedure would be at risk for serious adverse medical
consequences or death, as determined by the patient’s physician;
PROVIDED, however, that this prohibition shall not apply to any procedure that, if
performed in accordance with the commonly accepted standard of clinical practice,
would not deplete the hospital capacity or the personal protective equipment needed to
cope with the COVID- 19 disaster.
At the request of the Texas Health and Human Services Commission, I hereby suspend
the following provisions to the extent necessary to implement increased occupancy in the
event of surge needs for hospital capacity due to COVTD-19:
25 TAC Sec. 133.1 62(d)(4)(A)(iii)(I);
25 TAC Sec. 133. 163(O( 1)(A)(i)(fl)—(ffl);
25 TAC Sec. 133.1 63(fl( 1)(B)(i)(ffl)—(W);
25 TAC Sec. 133.163(m)(1)(B)(ii);
25 TAC Sec. 133. 163(t)(1)(B)(iii)—(iv);
25 TAC Sec. 133.163(t)(1)(C);
25 TAC Sec. 133.163(t)(5)(B)—(C); and
any other pertinent regulations or statutes, upon written approval of the Office of the
Governor.
This executive order shall remain in effect and in full force until 11:59 p.m. on April 21,
2020, unless it is modified, amended, rescinded, or superseded by me or by a succeeding
Governor.
1. Suspension of Laws
and breaches the separation of powers mandated by the Texas Constitution. See IV(A) above.
71 of 151
2. Denial of Access to Medical Treatment
right to contract for medical services. See VI(E) above.
follows:

more.
72 of 151
F. Error! Reference source not found.Error! Reference source not found.Error!
Reference source not found.Error! Reference source not found.GA – 11 Right to
Travel
On the 26th day of March, 2020 Governor Abbot issued an executive order
Relating to airport screening and self-quarantine during the COVID-19 disaster (New York Tri-
State Area, New Orleans, coronavirus) which reads in pertinent part as follows:
order the following on a statewide basis effective at noon on March 28, 2020:
Every person who enters the State of Texas as the final destination through an
airport, from a point of origin or point of last departure in New York, New Jersey,
Connecticut, or the City of New Orleans, or in any other state or city as may be
proclaimed hereafter, shall be subject to mandatory self-quarantine for a period of
14 days from the time of entry into Texas or the duration of the person’s presence in
Texas, whichever is shorter. This order to self-quarantine shall not apply to people
traveling in connection with military service, emergency response, health response,
or critical-infrastructure functions, as may be determined by the Texas Division of
Emergency Management. Each person covered under this order to self-quarantine
shall be responsible for all associated costs, including transportation, lodging, food,
and medical care.
A covered person shall use a form prescribed by the Texas Department of Public
Safety (DPS) to designate a quarantine location in Texas, such as a residence or a
hotel, and provide a full name, date of birth, home address, telephone number, and
driver license or passport information. DPS Troopers, or other approved peace
officers, shall collect a completed form from each covered person immediately upon
disembarking and verify it against the person’s driver license or passport. Providing
false information on this form is a criminal offense under Section 37.10 of the
Texas Penal Code. Questions about this form should be directed to DPS at (800)
525-5555.
A covered person shall proceed directly from the airport to the designated
quarantine location entered on the DPS form. Any covered person exhibiting
symptoms of COVID- 19 shall be escorted to the designated quarantine location by a
DPS Trooper.
A covered person shall remain in the designated quarantine location for a period of
14 days or the duration of the person’s presence in Texas, whichever is shorter,
leaving only to seek medical care or to depart from Texas. During that period, a
covered person shall not allow visitors into or out of the designated quarantine
location, other than a health department employee, physician, or healthcare
provider, and shall not visit any public spaces.
DPS Special Agents will conduct unannounced visits to designated quarantine
locations to verify compliance by confirming the physical presence of covered
persons. Any failure to comply with this order to self-quarantine shall be a criminal
offense punishable by a fine not to exceed $1,000, confinement in jail for a term not
to exceed 180 days, or both. Executive Order GA-li Page 3
73 of 151
This executive order shall remain in effect and in full force until modified, amended,
rescinded, or superseded by the Governor.
1. Denied Right To Travel
Freedom of movement under United States law is governed primarily by the Privileges and
Immunities Clause of the United States Constitution which states,
"The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens
in the several States."
See VI(D) above.
personal militia.

74 of 151
Law 557.001

75 of 151

76 of 151
Section 32.48
a) Simple Assault
77 of 151
provocative.


and the person:
78 of 151
G. GA – 12 Right to Travel
On the 29th day of March, 2020 Governor Abbot issued an executive order Relating to roadway
screening and self-quarantine during the COVID-19 disaster (coronavirus) which reads in
pertinent part as follows:
order the following on a statewide basis effective at noon on March 30, 2020:
Every person who enters the State of Texas through roadways from Louisiana, or
from any other state as may be proclaimed hereafter, shall be subject to mandatory
self-quarantine for a period of 14 days from the time of entry into Texas or the
duration of the person’s presence in Texas, whichever is shorter. This order to self-
quarantine shall not apply to people traveling in connection with commercial
activity, military service, emergency response, health response, or critical-
infrastructure functions, as may be determined by the Texas Division of Emergency
Management. Each person covered by this order to self-quarantine shall be
responsible for all associated costs, including transportation, lodging, food, and
medical care.
The Texas Department of Public Safety (DPS) shall enforce this executive order
along the Texas-Louisiana border. Using a form to be prescribed by DPS, each
covered person shall designate a quarantine location in Texas, such as a residence
or a hotel, and provide a full name, date of birth, home address, telephone number,
and driver license or passport information. DPS Troopers, or other approved peace
officers, will collect a completed form from a covered person and verify it against the
person’s driver license or passport. Providing false information on this form is a
criminal offense under Section 37.10 of the Texas Penal Code. Questions about this
form should be directed to DPS by calling (800) 525-5555. A covered person shall
proceed directly to the designated quarantine location entered on the DPS form. Any
covered person exhibiting symptoms of COVID-19 shall be escorted to the designated
quarantine location by a DPS Trooper.
A covered person shall remain in the designated quarantine location for a period of
14 days or the duration of the person’s presence in Texas, whichever is shorter,
leaving only to seek medical care or to depart from Texas. During that period, a
covered person shall not allow visitors into or out of the designated quarantine
location, other than a health department employee, physician, or health care
provider, and shall not visit any public spaces.
DPS Special Agents will conduct unannounced visits to designated quarantine
locations to verify compliance by confirming the physical presence of covered
persons. Any failure to comply with this order to self-quarantine shall be a criminal
offense punishable by a fine not to exceed $1,000, confinement in jail for a term not
to exceed 180 days, or both.
79 of 151
1. Freedom to Travel
See discussion at GA – 11 above.

Law 557.001
Duty of States to Protect Freedom of Movement
The U.S. Supreme Court did not invest the federal government with the authority to protect
freedom of movement. Under the "privileges and immunities" clause, this authority was given to
80 of 151
the states, a position the Court held consistently through the years in cases such as Ward v.
Maryland, 79 U.S. 418 (1871), the Slaughter-House Cases, 83 U.S. 36 (1873) and United States
v. Harris, 106 U.S. 629 (1883).
By the above, it is the duty of the State of Texas to protect the freedom of movement of citizens
of the United States. The Governor, by his proclamation acted to deny citizens of the various
states in their rights and, thereby, exerted and authority he did not have.

81 of 151

82 of 151
Section 32.48
a) Simple Assault

83 of 151
provocative.


and the person:
84 of 151
H. GA – 13 Suspension of Laws – Right to Bail
Relating to detention in county and municipal jails during the COVID-19 disaster (coronavirus)
order the following on a statewide basis effective immediately:
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.
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
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
85 of 151
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.
If this doesn’t frighten you then you are not paying attention.
and breaches the separation of powers mandated by the Texas Constitution. See IV(A) above,.
2. Denial of Right to Bail
Bail is a function of the courts, not the executive. The executive can ask for bail or that bail be
withheld but only the courts or the local sheriff can grant it. See IV(F) above.
I. GA – 14 Restrict Liberty and School Taking

On the 31st day of March, 2020 Governor Abbot issued an executive order
Relating to statewide continuity of essential services and activities during the COVID-19 disaster
(coronavirus) which reads in pertinent part as follows:
order the following on a statewide basis effective 12:01 a.m. on April 2, 2020, and
continuing through April 30, 2020, subject to extension based on the status of COVLD-19
in Texas and the recommendations of the CDC and the White House Coronavirus Task
Force:
In accordance with guidance from DSHS Commissioner Dr. Hellerstedt, and to
achieve the goals established by the President to reduce the spread of COVD-19,
every person in Texas shall, except where necessary to provide or obtain essential
services, minimize social gatherings and minimize in-person contact with people
who are not in the same household.
“Essential services” shall consist of everything listed by the U.S. Department of
Homeland Security in its Guidance on the Essential Critical Infrastructure
Workforce, Version 2.0, plus religious services conducted in churches,
congregations, and houses of worship. Other essential services may be added to this
list with the approval of the Texas Division of Emergency Management (TDEM).
TDEM shall maintain an online list of essential services, as specified in this executive
order and in any approved additions. Requests for additions should be directed to
86 of 151
TDEM at EssentialServices@tdem.texas.gov or by visiting
www.tdem.texas.gov/essentialservices.
In providing or obtaining essential services, people and businesses should follow the
Guidelines from the President and the CDC by practicing good hygiene,
environmental cleanliness, and sanitation, implementing social distancing, and
working from home if possible. In particular, all services should be provided through
remote telework from home unless they are essential services that cannot be provided
through remote telework. If religious services cannot be conducted from home or
through remote services, they should be conducted consistent with the Guidelines
from the President and the CDC by practicing good hygiene, environmental
cleanliness, and sanitation, and by implementing social distancing to prevent the
spread of COVID-19.
In accordance with the Guidelines from the President and the CDC, people shall
avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms,
massage establishments, tattoo studios, piercing studios, or cosmetology salons;
provided, however, that the use of drive-thru, pickup, or delivery options for food and
drinks is allowed and highly encouraged throughout the limited duration of this
executive order.
This executive order does not prohibit people from accessing essential services or
engaging in essential daily activities, such as going to the grocery store or gas
station, providing or obtaining other essential services, visiting parks, hunting or
fishing, or engaging in physical activity like jogging or bicycling, so long as the
necessary precautions are maintained to reduce the transmission of COVID- 19 and
to minimize in person contact with people who are not in the same household.
In accordance with the Guidelines from the President and the CDC, people shall not
visit nursing homes, state supported living centers, assisted living facilities, or long-
term care facilities unless to provide critical assistance as determined through
guidance from the Texas Health and Human Services Commission.
In accordance with the Guidelines from the President and the CDC, schools shall
remain temporarily closed to in-person classroom attendance and shall not
recommence before May 4, 2020.
This executive order shall supersede any conflicting order issued by local officials in
response to the COVD-19 disaster, but only to the extent that such a local order
restricts essential services allowed by this executive order or allows gatherings
prohibited by this executive order. I hereby suspend Sections 418.1015(b) and
418.108 of the Texas Government Code, Chapter 81, Subchapter E of the Texas
Health and Safety Code, and any other relevant statutes, to the extent necessary to
ensure that local officials do not impose restrictions inconsistent with this executive
order, provided that local officials may enforce this executive order as well as local
restrictions that are consistent with this executive order. Given under my hand this
the 31st day of March, 2020.
This executive order supersedes Executive Order GA-08, but not Executive Orders GA-
09, GA10, GA-11, GA-12, or GA-13, and shall remain in effect and in full force until
April 30, 2020, unless it is modified, amended, rescinded, or superseded by the Governor.
87 of 151
The Governor issued orders directed at every citizen in the State of Texas as follows:
“every person in Texas shall …”

While there may be need for care and consideration in this time of pandemic, the authority for
issuing mandates enforceable against the public, by the Governor, is non-existent. See IV(B)
above.
public schools. See IV(C) above.

Law 557.001
88 of 151
J. Error! Reference source not found.Error! Reference source not found.Error!

Reference source not found.Error! Reference source not found.GA – 15
Suspension of Laws
On the 17th day of April, 2020 Governor Abbot issued an executive order Relating to hospital
capacity during the COVID-19 disaster (coronavirus) which reads in pertinent part as follows:
authority vested in me by the Constitution and laws of the State of Texas, do hereby order
the following on a statewide basis beginning at 11:59 p.m. on April 21, 2020, and
continuing until 11:59 p.m. on May 8, 2020:
All licensed health care professionals and all licensed health care facilities shall
postpone all surgeries and procedures that are not medically necessary to diagnose or
correct a serious medical condition of, or to preserve the life of, a patient who without
timely performance of the surgery or procedure would be at risk for serious adverse
medical consequences or death, as determined by the patient’s physician; provided,
however, that this prohibition shall not apply to either of the following:
• any procedure that, if performed in accordance with the commonly accepted
standard of clinical practice, would not deplete the hospital capacity or the personal
protective equipment needed to cope with the COVID-19 disaster; or
• any surgery or procedure performed in a licensed health care facility that has
certified in writing to the Texas Health and Human Services Commission both: (1)
that it will reserve at least 25% of its hospital capacity for treatment of COVID-19
patients, accounting for the range of clinical severity of COVID-l9 patients; and (2)
that it will not request any personal protective equipment from any public source,
whether federal, state, or local, for the duration of the COVID 19 disaster.
I hereby continue the suspension of the following provisions to the extent necessary to
implement increased occupancy in the event of surge needs for hospital capacity due to
COVTD-19:
25 TAC Sec. 133.162(d)(4)(A)(iii)(I);
25 TAC Sec. 133.1 63(f)( 1)(A)(i)(U)—(ffl);
25 TAC Sec. 133. 163(O( 1)(B)(i)(ffl)—(W); 25 TAC Sec. 133.163(m)(1)(B)(ii);
25 TAC Sec. 133.1 63(t)( 1 )(B)(iii)—(iv);
25 TAC Sec. 133.163(t)(1)(C);
25 TAC Sec. 133.l63(t)(5)(B)—(C); and
Any other pertinent regulations or statutes, upon written approval of the Office of the
Governor.
This executive order shall remain in effect and in full force until 11:59 p.m. on May 8,
2020, unless it is modified, amended, rescinded, or superseded by the Governor.
89 of 151
90 of 151
K. GA – 16 Liberty Restrictions and School Taking
Relating to the safe, strategic reopening of select services as the first step to Open Texas in
response to the COVID-19 disaster (coronavirus) which reads in pertinent part as follows:
order the following on a statewide basis effective immediately, and continuing through
April 30, 2020, subject to extension based on the status of COV1D-19 in Texas and the
recommendations of the CDC and the White House Coronavirus Task Force:
achieve the goals established by the President to reduce the spread of COVID-19,
services or reopened services, minimize social gatherings and minimize in-person
contact with people who are not in the same household.
Homeland Security (DHS) in its Guidance on the Essential Critical Infrastructure
Workforce, Version 2.0 or any subsequent version, plus religious services conducted
in churches, congregations, and houses of worship. Other essential services may be
added to this list with the approval of the Texas Division of Emergency Management
(TDEM). TDEM shall maintain an online list of essential services, as specified in this
executive order and any approved additions. Requests for additions should be
directed to TDEM at EssentialServices@tdem.texas.gov or by visiting
www.tdem.texas.gov/essentialservices. “Reopened services” shall consist of:
• Starting at 12:01 a.m. on Friday, April 24, 2020, retail services that are not
“essential services,” but that may be provided through pickup, delivery by mail,
or delivery to the customer’s doorstep in strict compliance with the terms
required by DSHS. The DSHS requirements may be found at
www.dshs.texas.gov/coronavirus.
• Such additional services as may be enumerated by future executive orders or
proclamations by the Governor. In providing or obtaining essential services or
reopened services, people and businesses should follow the Guidelines from the
President and the CDC by practicing good hygiene, environmental cleanliness,
and sanitation, implementing social distancing, and working from home if
possible. In particular, all such services should be provided through remote
telework from home unless they cannot be provided through remote telework.
Religious services should be conducted in accordance with the Guidelines for
Houses of Worship During the COVID-19 Crisis, as promulgated by the attorney
general and Governor.
In accordance with the Guidelines from the President and the CDC, people shall
avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms,
massage establishments, tattoo studios, piercing studios, or cosmetology salons;
provided, however, that the use of drive-thru, pickup, or delivery options for food and
drinks is allowed and highly encouraged throughout the limited duration of this
executive order. This executive order does not prohibit people from accessing
essential or reopened services or engaging in essential daily activities, such as going
91 of 151
to the grocery store or gas station, providing or obtaining other essential or
reopened services, visiting parks, hunting or fishing, or engaging in physical activity
like jogging or bicycling, so long as the necessary precautions are maintained to
reduce the transmission of COVIB- 19 and to minimize in-person contact with people
who are not in the same household.
In accordance with the Guidelines from the President and the CDC, people shall not
visit nursing homes, state supported living centers, assisted living facilities, or long
term care facilities unless to provide critical assistance as determined through
guidance from the Texas Health and Human Services Commission (HHSC). Nursing
homes, state supported living centers, assisted living facilities, and long-term care
facilities should follow infection control policies and practices set forth by the HHSC,
including minimizing the movement of staff between facilities whenever possible.
remain temporarily closed to in-person classroom attendance by students and shall
not recommence before the end of the 2019-2020 school year. Public education
teachers and staff are encouraged to continue to work remotely from home if
possible, but may return to schools to conduct remote video instruction, as well as
perform administrative duties, under the strict terms required by the Texas Education
Agency. Private schools and institutions of higher education should establish similar
terms to allow teachers and staff to return to schools to conduct remote video
instruction and perform administrative duties when it is not possible to do so
remotely from home.
This executive order shall supersede any conflicting order issued by local officials
in response to the COVD-19 disaster, but only to the extent that such a local order
restricts essential services or reopened services allowed by this executive order or
allows gatherings prohibited by this executive order. I hereby suspend Sections
418.10 15(b) and 418.108 of the Texas Government Code, Chapter 81, Subchapter
E of the Texas Health and Safety Code, and any other relevant statutes, to the extent
necessary to ensure that local officials do not impose restrictions inconsistent with
this executive order, provided that local officials may enforce this executive order as
well as local restrictions that are consistent with this executive order.
This executive order supersedes Executive Order GA- 14, but does not supersede
Executive Orders GA-09, GA-b, GA-li, GA-12, GA-13, or GA-15. This executive order
shall remain in effect and in full force until 11:59 p.m. on April 30, 2020, unless it is
modified, amended, rescinded, or superseded by the Governor.

above.
92 of 151

Law 557.001
93 of 151


94 of 151
Section 32.48
95 of 151
a) Simple Assault

provocative.

96 of 151

and the person:
Error! Reference source not found.Error! Reference source not found.Error! Reference
source not found.Error! Reference source not found.
97 of 151
L. GA – 18 Liberty Restriction and School Taking
On the 27th day of April, 2020 Governor Abbot issued an executive order Relating to the
expanded reopening of services as part of the safe, strategic plan to Open Texas in response to
the COVID-19 disaster (coronavirus) which reads in pertinent part as follows:
the following on a statewide basis effective immediately, and continuing through May 15,
2020, subject to extension based on the status of COVID-19 in Texas and the
recommendations of the Governor’s Strike Force to Open Texas, the White House
Coronavirus Task Force, and the CDC:
achieve the goals established by the President to reduce the spread of COVD-19,
services or reopened services, minimize social gatherings and minimize in-person
contact with people who are not in the same household. People over the age of 65,
however, are strongly encouraged to stay at home as much as possible; to maintain
appropriate distance from any member of the household who has been out of the
residence in the previous 14 days; and, if leaving the home, to implement social
distancing and to practice good hygiene, environmental cleanliness, and sanitation.
Homeland Security (DHS) in its Guidance on the Essential Critical Infrastructure
Workforce, Version 3.0 or any subsequent version, plus religious services conducted
in churches, congregations, and hous es of worship. Other essential services may be
added to this list with the approval of the Texas Division of Emergency Management
(TDEM). TDEM shall maintain an online list of essential services, as specified in this
executive order and any approved additions. Requests for additions should be
directed to TDEM at EssentialServices@tdem.texas.gov or by visiting the TDEM
website at www.tdem.texas.gov/essentialservices.
“Reopened services” shall consist of the following to the extent they are not already
“essential services:”
1. Retail services that may be provided through pickup, delivery by mail, or
delivery to the customer’s doorstep.
2. Starting at 12:01 a.m. on Friday, May 1, 2020: a) In-store retail services, for
retail establishments that operate at up to 25 percent of the total listed
occupancy of the retail establishment. b) Dine-in restaurant services, for
restaurants that operate at up to 25 percent of the total listed occupancy of the
restaurant; provided, however, that:
a) In-store retail services, for retail establishments that operate at up to 25
percent of the total listed occupancy of the retail establishment.
b) Dine-in restaurant services, for restaurants that operate at up to 25 percent of
the total listed occupancy of the restaurant; provided, however, that (a) this
98 of 151
applies only to restaurants that have less than 51 percent of their gross receipts
from the sale of alcoholic beverages and are therefore not required to post the 51
percent sign required by Texas law as determined by the Texas Alcoholic
Beverage Commission, and (b) valet services are prohibited except for vehicles
with placards or plates for disabled parking.
c) Movie theaters that operate at up to 25 percent of the total listed occupancy of
any individual theater for any screening.
d) Shopping malls that operate at up to 25 percent of the total listed occupancy
of the shopping mall; provided, however, that within shopping malls, the
foodcourt dining areas, play areas, and interactive displays and settings must
remain closed.
e) Museums and libraries that operate at up to 25 percent of the total listed
occupancy; provided, however, that (a) local public museums and local public
libraries may so operate only if permitted by the local government, and (b) any
components of museums or libraries that have interactive functions or exhibits,
including child play areas, must remain closed.
f) For Texas counties that have filed with DSHS, and are in compliance with, the
requisite attestation form promulgated by DSHS regarding five or fewer cases of
COVID- 19, those in-store retail services, dine-in restaurant services, movie
theaters, shopping malls, and museums and libraries, as otherwise defined and
limited above, may operate at up to 50 percent (as opposed to 25 percent) of the
total listed occupancy.
g) Services provided by an individual working alone in an office.
h) Golf course operations.
i) Local government operations, including county and municipal governmental
operations relating to permitting, recordation, and document-filing services, as
determined by the local government. j) Such additional services as may be
enumerated by future executive orders or proclamations by the governor.
The conditions and limitations set forth above for reopened services shall not apply
to essential services. Notwithstanding anything herein to the contrary, the Governor
may by proclamation identify any county or counties in which reopened services are
thereafter prohibited, in the Governor’s sole discretion, based on the Governor’s
determination in consultation with medical professionals that only essential services
should be permitted in the county, including based on factors such as an increase in
the transmission of COVTD-l 9 or in the amount of COVID- 19-related
hospitalizations or fatalities.
In providing or obtaining essential services or reopened services, people and
businesses should follow the minimum standard health protocols recommended by
DSHS, found at www.dshs.texas.gov/coronavirus, and should implement social
distancing, work from home if possible, and practice good hygiene, environmental
cleanliness, and sanitation. This includes also following, to the extent not
inconsistent with the DSHS minimum standards, the Guidelines from the President
and the CDC, as well as other CDC recommendations. Individuals are encouraged to
wear appropriate face coverings, but no jurisdiction can impose a civil or criminal
penalty for failure to wear a face covering. Religious services should be conducted in
99 of 151
accordance with the joint guidance issued and updated by the attorney general and
Governor.
People shall avoid visiting bars, gyms, public swimming pools, interactive
amusement venues such as bowling alleys and video arcades, massage
establishments, tattoo studios, piercing studios, or cosmetology salons. The use of
drive-thru, pickup, or delivery options for food and drinks remains allowed and
highly encouraged throughout the limited duration of this executive order.
This executive order does not prohibit people from accessing essential or reopened
services or engaging in essential daily activities, such as going to the grocery store
or gas station, providing or obtaining other essential or reopened services, visiting
parks, hunting or fishing, or engaging in physical activity like jogging, bicycling, or
other outdoor sports, so long as the necessary precautions are maintained to reduce
the transmission of COVID-19 and to minimize in-person contact with people who
are not in the same household. In accordance with the Guidelines from the President
and the CDC, people shall not visit nursing homes, state supported living centers,
assisted living facilities, or long-term care facilities unless to provide critical
assistance as determined through guidance from the Texas Health and Human
Services Commission (HHSC). Nursing homes, state supported living centers,
assisted living facilities, and long-term care facilities should follow infection control
policies and practices set forth by the HHSC, including minimizing the movement of
staff between facilities whenever possible.
remain temporarily closed to in-person classroom attendance by students and shall
not recommence before the end of the 2019-2020 school year. Public education
teachers and staff are encouraged to continue to work remotely from home if
possible, but may return to schools to conduct remote video instruction, as well as
perform administrative duties, under the strict terms required by the Texas Education
Agency. Private schools and institutions of higher education should establish similar
terms to allow teachers and staff to return to schools to conduct remote video
instruction and perform administrative duties when it is not possible to do so
remotely from home.
response to the COVID-19 disaster, but only to the extent that such a local order
restricts essential services or reopened services allowed by this executive order,
allows gatherings prohibited by this executive order, or expands the list of essential
services or the list or scope of reopened services as set forth in this executive order. I
hereby suspend Sections 418.1015(b) and 418.108 of the Texas Government Code,
Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other
relevant statutes, to the extent necessary to ensure that local officials do not impose
restrictions inconsistent with this executive order, provided that local officials may
enforce this executive order as well as local restrictions that are consistent with this
executive order.
This executive order supersedes Executive Order GA-16, but does not supersede
Executive Orders GA-b, GA-il, GA-l2, GA-13, GA-15, or GA-17. This executive order
shall remain in effect and in full force until 11:59 p.m. on May 15, 2020, unless it is
modified, amended, rescinded, or superseded by the Governor.
100 of 151

above.

Law 557.001
101 of 151
102 of 151
103 of 151
M. GA – 19 Suspension of Laws
On the 27th day of April, 2020 Governor Abbot issued an executive order
Relating to hospital capacity during the COVID-19 disaster (coronavirus) which reads in
the following on a statewide basis beginning at 12:0 1 a.m. on May 1, 2020:
All licensed health care professionals shall be limited in their practice by, and must
comply with, any emergency rules promulgated by their respective licensing agencies
dictating minimum standards for safe practice during the COVID- 19 disaster.
Every hospital licensed under Chapter 241 of the Texas Health and Safety Code shall
reserve at least 15 percent of its hospital capacity for treatment of COVD-19 patients,
accounting for the range of clinical severity of COVD-19 patients, as determined by the
Texas Health and Human Services Commission.
I hereby continue the suspension of the following provisions to the extent necessary to
implement increased occupancy in the event of surge needs for hospital capacity due to
COVD-19:
25 TAC Sec. 133.1 62(d)(4)(A)(iii)(I);
25 TAC Sec. 133.163(O(1)(A)(i)(ll)—(ffl); 25 TAC Sec. 133.1 63(O( 1)(B)(i)(ffl)—
(W);
25 TAC Sec. 133. 163(m)(1)(B)(ii); 25 TAC Sec. 133.1 63(t)( 1 )(B)(iii)—(iv);
25 TAC Sec. 133.163(t)(1)(C); 25 TAC Sec. 133.163(t)(5)(B)—(C); and
Any other pertinent regulations or statutes, upon written approval of the Office of
the Governor. This executive order will supersede Executive Order GA-15 as of
12:01 a.m. on May 1, 2020, but will not supersede Executive Orders GA-10, GA-ll,
GA-12, GA-13, GA-17, or GA-18.
104 of 151

Law 557.001
105 of 151


106 of 151
Section 32.48
107 of 151
a) Simple Assault

provocative.

108 of 151

and the person:
N. GA – 20 Right to Travel
On the 27th day of April, 2020 Governor Abbot issued an executive order
Relating to expanding travel without restrictions as part of the safe, strategic plan to Open Texas
in response to the COVID-19 disaster (coronavirus) which reads in pertinent part as follows:
the following on a statewide basis effective at 12:01 a.m. on Friday, May 1, 2020:
Executive Order GA-l2 is hereby rescinded and terminated in its entirety. Executive
Order GA-il and the March 29, 2020 proclamation are hereby rescinded and terminated
to the extent applicable to travelers from the City of New Orleans or the State of
Louisiana. Any mandatory self-quarantine already in effect as a result of these executive
orders, to the extent applicable to travelers from the City of New Orleans or the State of
Louisiana, is terminated immediately as of the effective date of this executive order.
Executive Order GA- 1 1 and the March 29, 2020, proclamation are otherwise
superseded by this executive order, except that any mandatory self-quarantine already in
effect thereunder, as of the effective date of this executive order, shall continue until its
expiration as set forth in Executive Order GA- 1 1.
The following restrictions shall remain in place:
109 of 151
Every person who enters the State of Texas as the final destination through an airport,
from a point of origin or point of last departure in the following—State of California;
State of Connecticut; State of New York; State of New Jersey; State of Washington; City
of Atlanta, Georgia; City of Chicago, Illinois; City of Detroit, Michigan; or City of
Miami, Florida—shall be subject to mandatory self-quarantine for a period of 14 days
from the time of entry into Texas or the duration of the person’s presence in Texas,
whichever is shorter. The Governor may by proclamation add to or subtract from the list
of states and cities covered by this executive order. This order to self-quarantine shall not
apply to people traveling in connection with military service, emergency response, health
response, or critical-infrastructure functions, as may be determined by the Texas
Division of Emergency Management. Each person covered under this order to self-
quarantine shall be responsible for all associated costs, including transportation,
lodging, food, and medical care.
A covered person shall use a form prescribed by the Texas Department of Public Safety
(DPS) to designate a quarantine location in Texas, such as a residence or a hotel, and
provide a full name, date of birth, home address, telephone number, and driver license or
passport information. DPS Troopers, or other approved peace officers, shall collect a
completed form from each covered person immediately upon disembarking and verify it
against the person’s driver license or passport. Providing false information on this form
is a criminal offense under Section 37.10 of the Texas Penal Code. Questions about this
form should be directed to DPS at (800) 525-5555.
A covered person shall proceed directly from the airport to the designated quarantine
location entered on the DPS form. Any covered person exhibiting symptoms of COV1D-
l9 shall be escorted to the designated quarantine location by a DPS Trooper.
A covered person shall remain in the designated quarantine location for a period of 14
days or the duration of the person’s presence in Texas, whichever is shorter, leaving only
to seek medical care or to depart from Texas. During that period, a covered person shall
not allow visitors into or out of the designated quarantine location, other than a health
department employee, physician, or health care provider, and shall not visit any public
spaces.
This executive order supersedes Executive Order GA-11 and Executive Order GA- 12 as
set forth above, but does not supersede Executive Orders GA-b, GA-13, GA-17, GA-18,
or GA-19.
1. Freedom to Travel
See discussion at GA – 11 above.
110 of 151

Law 557.001
111 of 151


112 of 151
Section 32.48
113 of 151
a) Simple Assault

provocative.

114 of 151

and the person:
O. GA – 22 Liberty Restriction Back-Tracking

On the 7th day of May, 2020 Governor Abbot issued an executive order Relating to confinement
during the COVID-19 disaster (coronavirus) which reads in pertinent part as follows:
the following on a statewide basis effective immediately:
Executive Order GA-2 1, as it pertains to cosmetology salons, hair salons, barber shops,
nail salons/shops, and other establishments where licensed cosmetologists or barbers
practice their trade, is hereby amended to immediately reopen, retroactive to April 2,
2020, such salons, shops, and establishments to the extent necessary to supersede and
nullify the existence of any prior or existing state or local executive order, the violation of
which could form the basis for confinement in jail. To the extent any order issued by
local officials in response to COVID-19 would allow confinement in jail of a person
inconsistent with Executive Order GA-2 1 or this executive order, that order is hereby
superseded retroactive to April 2, 2020. All existing executive orders relating to COVID-
19 are hereby amended to eliminate confinement in jail as an available penalty for any
violation of the executive orders. No jurisdiction can confine a person in jail as a penalty
for violating any executive order, or any order issued by local officials, in response to the
115 of 151
COVID-19 disaster. To the extent any order issued by local officials in response to the
COVJD-19 disaster would allow confinement in jail, that order is hereby superseded, and
I hereby suspend all relevant laws to the extent necessary to ensure that local officials do
not confine people in jail for violating any order issued in response to the COVD-19
disaster. This amendment and suspension operates retroactively to April 2, 2020, and
supersedes any contrary local or state order.
2. No Power Over Citizens

issuing mandates enforceable against the public, by the Governor, is non-existent. The Governor
is the highest executive officer of the state. While the executive branch has the duty to enforce
law, it has no power to make law.
If the Governor had reason to believe new laws were necessary, he certainly could have
convened the Legislature for that purpose as authorized by
https://statutes.capitol.texas.gov/Docs/GV/htm/GV.557.htm Article IV Section VIII which reads
as follows:
SEC. 8. The Governor may, on extraordinary occasions, convene the Legislature at the
seat of government, or at a different place in case that should be in possession of the
public enemy or in case of the prevalence of disease thereat. His proclamation therefor
shall state specifically the purpose for which the Legislature is convened.
It is Article IV of the https://statutes.capitol.texas.gov/Docs/GV/htm/GV.557.htm that grants
authority to the Governor. A careful reading of Article IV will show nothing that indicates that
our founders intended that the Governor had power to issue any order binding on the citizens of
the State of Texas.
follows:
116 of 151
(b)
programs.
and learning.
(1) the Governor;
117 of 151
2. Violation Constitutional Prohibition

follows:

118 of 151
more.
119 of 151
P. GA – 23 Liberty Restriction
On the 18th day of May, 2020 Governor Abbot issued an executive order
Relating to the expanded opening of Texas in response to the COVID-19 disaster (coronavirus)
the following on a statewide basis effective immediately, and continuing through June 3,
2020, subject to extension based on the status of COV1D-l9 in Texas and the
recommendations of the Governor’s Strike Force to Open Texas, the White House
Coronavirus Task Force, and the CDC:
In accordance with guidance from DSHS Commissioner Dr. Hellerstedt, and to achieve
the goals established by the President to reduce the spread of COVID-l 9, every person
in Texas shall, except where necessary to provide or obtain Covered Services, minimize
social gatherings and minimize in-person contact with people who are not in the same
household. People over the age of 65, however, are strongly encouraged to stay at home
as much as possible; to maintain appropriate distance from any member of the household
who has been out of the residence in the previous 14 days; and, if leaving the home, to
implement social distancing and to practice good hygiene, environmental cleanliness,
and sanitation.
“Covered Services” shall consist of everything listed by the U.S. Department of
Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) in its
Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 or any
subsequent version, plus religious services conducted in churches, congregations, and
houses of worship. These covered services are not subject to the conditions and
limitations, including occupancy or operating limits, set forth below for other covered
services.
“Covered Services” shall also consist of the following to the extent they are not already
CISA services or religious services, subject to the conditions and limitations set forth
below:
1. Retail services that may be provided through pick-up, delivery by mail, or delivery
to the customer’s doorstep.
2. In-store, non-CISA retail services, for retail establishments that operate at up to
25 percent of the total listed occupancy of the retail establishment.
3. Dine-in restaurant services, for restaurants that operate at up to 25 percent of the
total listed occupancy of the restaurant, effective until 12:01 a.m. on Friday, May 22,
2020, when this provision is superseded by the provision set forth below for
expanded dine-in restaurant services; provided, however, that
a. this applies only to restaurants that have less than 51 percent of their gross
receipts from the sale of alcoholic beverages; and
b. any components of the restaurants that have interactive functions or exhibits,
including child play areas, interactive games, and video arcades, must remain
closed.
120 of 151
4. Movie theaters that operate at up to 25 percent of the total listed occupancy of any
individual theater for any screening; provided, however, that components of the
movie theaters that have video arcades or interactive games must remain closed.
5. Shopping malls that operate at up to 25 percent of the total listed occupancy of the
shopping mall; provided, however, that within shopping malls, the food-court dining
areas, play areas, video arcades, and interactive displays and settings must remain
closed.
6. Museums and libraries that operate at up to 25 percent of the total listed
occupancy; provided, however, that a. local public museums and local public
libraries may so operate only if permitted by the local government; and b. any
components of museums or libraries that have interactive functions or exhibits,
including child play areas, must remain closed.
7. Golf course operations.
8. Local government operations, including county and municipal governmental
operations relating to licensing (including marriage licenses), permitting,
recordation, and document-filing services, as determined by the local government.
9. Wedding venues and the services required to conduct weddings; provided,
however, that for weddings held indoors other than at a church, congregation, or
house of worship, the facility may operate at up to 25 percent of the total listed
occupancy of the facility.
10. Wedding reception services, for facilities that operate at up to 25 percent of the
total listed occupancy of the facility.
11. Cosmetology salons, hair salons, barber shops, nail salons/shops, and other
establishments where licensed cosmetologists or barbers practice their trade;
provided, however, that all such salons, shops, and establishments must ensure at
least six feet of social distancing between operating work stations.
12. Tanning salons; provided, however, that all such salons must ensure at least six
feet of social distancing between operating work stations.
13. Swimming pools, as determined by each pool owner; provided, however, that a.
indoor swimming pools may operate at up to 25 percent of the total listed occupancy
of the pool facility; and b. outdoor swimming pools may operate at up to 25 percent
of normal operating limits as determined by the pool owner.
14. Non-CISA services provided by office workers in offices that operate at up to the
greater of (i) ten individuals, or (ii) 25 percent of the total office workforce;
provided, however, that the individuals maintain appropriate social distancing.
15. Non-CISA manufacturing services, for facilities that operate at up to 25 percent
of the total listed occupancy of the facility.
16. Gyms and exercise facilities and classes that operate at up to 25 percent of the
total listed occupancy of the gym or exercise facility; provided, however, that locker
rooms and shower facilities must remain closed, but restrooms may open.
17. Starting immediately for all Texas counties except Deaf Smith, El Paso, Moore,
Potter, and Randall counties:
a. Massage establishments and other facilities where licensed massage
therapists or other persons licensed or otherwise authorized to practice under
121 of 151
Chapter 455 of the Texas Occupations Code practice their trade; provided,
however, that all such facilities must ensure at 1eas six feet of social distancing
between operating work stations.
b. Personal-care and beauty services that have not already been reopened, such
as tattoo studios, piercing studios, hair removal services, and hair loss treatment
and growth services; provided, however, that
(i) all such facilities must ensure at least six feet of social distancing between
operating work stations; and
(ii) to the extent such services are licensed or otherwise regulated by Texas
law, such services may operate only as permitted by Texas law. c. Child-care
services other than youth camps as described below; provided, however, that
to the extent such services are licensed or otherwise regulated by Texas law,
such services may operate only as permitted by Texas law.
18. Starting at 12:01 a.m. on Friday, May 22, 2020, for all Texas counties except
Deaf Smith, El Paso, Moore, Potter, and Randall counties:
a. Dine-in restaurant services, for restaurants that operate at up to 50 percent of
the total listed occupancy of the restaurant; provided, however that
(i) this applies only to restaurants that have less than 5 1 percent of their
gross receipts from the sale of alcoholic beverages; and
(ii) any components of the restaurants that have interactive functions or
exhibits, including child play areas, interactive games, and video arcades,
must remain closed.
b. Bars and similar establishments that are not restaurants as defined above,
that hold a permit from the Texas Alcoholic Beverage Commission, and that are
not otherwise expressly prohibited in this executive order, for such
establishments that operate at up to 25 percent of the total listed occupancy of
the establishment; provided, however, that any components of the establishments
that have interactive functions or exhibits, including child play areas, interactive
games, and video arcades, must remain closed.
c. Aquariums, natural caverns, and similar facilities (excluding zoos) that
operate at up to 25 percent of the total listed occupancy or, for outdoor areas, at
up to 25 percent of the normal operating limits as determined by the facility
owner; provided, however, that
(i) local public facilities may so operate only if permitted by the local
government; and
(ii) any components of the facilities that have interactive functions or
exhibits, including child play areas, must remain closed.
d. Bowling alleys, bingo halls, simulcast racing to the extent authorized by state
law, and skating rinks that operate at up to 25 percent of the total listed
occupancy of the establishment; provided, however, that
(i) bowling alleys must ensure at least six feet of social distancing between
operating lanes; and
(ii) components of the establishments that have video arcades must remain
closed.
122 of 151
e. Rodeos and equestrian events that operate at up to 25 percent of the total
listed occupancy or, for outdoor areas, at up to 25 percent of the normal
operating limits as determined by the facility owner; provided, however, that this
authorizes only the rodeo or equestrian event and not larger gatherings, such as
county fairs, in which such an event may be held.
f. Drive-in concerts, under guidelines that facilitate appropriate social
distancing, that generally require spectators to remain in their vehicles, and that
minimize in-person contact between people who are not in the same household or
vehicle.
g. Amateur sporting events
(i) at which there is no access to the general public allowed; and
(ii) for which all participants have tested negative for COVJB-19 prior to the
event, are quarantined for the duration of the event, are temperature-checked
and monitored for symptoms daily, and are tested again for COVID- 19 at
the end of the event.
19. Starting at 12:01 a.m. on Friday, May 29, 2020, for Deaf Smith, El Paso, Moore,
Potter, and Randall counties:
a. All services that were restored for other Texas counties on Monday, May 18
and Friday, May 22, 2020, in numbers 17 and 18 above.
20. Starting at 12:01 a.m. on Friday, May 29, 2020, for all Texas counties:
a. Outdoor areas of zoos that operate at up to 25 percent of the normal operating
limits as determined by the zoo owner; provided, however, that
(i) indoor areas of zoos, other than restrooms, must remain closed;
(ii) any components of the zoos that have interactive functions or exhibits,
including child play areas, must remain closed; and (iii) local public zoos
may so operate only if permitted by the local government.
21. Starting at 12:01 a.m. on Sunday, May 31, 2020, for all Texas counties:
a. Professional basketball, baseball, softball, golf, tennis, football, and car
racing events, with no spectators physically present on the premises of the venue,
as approved on a league-by-league basis by DSHS, in consultation with the
Office of the Governor and any recommendations by the advisory Strike Force to
Open Texas, based on whether the league has submitted a plan that applies to all
events and that meets the minimum health and safety standards; provided,
however, that each league must submit, along with a request for approval in the
manner prescribed by DSHS, a plan that incorporates applicable minimum
standard health protocols recommended by DSHS, as applicable, and such
additional measures as are needed to ensure a safe plan for conducting the event.
b. Youth camps, including but not limited to those defined as such under Chapter
141 of the Texas Health and Safety Code, and including all summer camps and
other daytime and overnight camps for youths.
c. Youth sports programs; provided, however, that practices may begin, but
games and similar competitions may not begin until June 15, 2020.
22. For Texas counties that have filed with DSHS, and are in compliance with, the
requisite attestation form promulgated by DSHS regarding five or fewer cases of
123 of 151
COVD-19, those services, establishments, and facilities listed above with 25 percent
occtipancy or operating limits may, as otherwise defined and limited above, operate
at up to 50 percent.
23. Such additional services as may be enumerated by future executive orders or
proclamations by the Governor.
For the Covered Services listed above with limits based on “total listed occupancy,”
the total listed occupancy limits refer to the maximum occupant load set by local or
state law, but for purposes of this executive order, staff members are not included in
determining operating levels except for non-CISA manufacturing service providers
and non-CISA services provided by office workers. The “total listed occupancy”
limits do not apply to outdoor areas, events, facilities, or establishments.
Additionally, valet services are prohibited except for vehicles with placards or plates for
disabled parking.
Notwithstanding anything herein to the contrary, the Governor may by proclamation
identify any county or counties in which Covered Services other than CISA services and
religious services are thereafter prohibited, in the Governor’s sole discretion, based on
the Governor’s determination in consultation with medical professionals that only CISA
services and religious services should be permitted in the county, including based on
factors such as an increase in the transmission of COVD-19 or in the amount of COVIP-
19-related hospitalizations or fatalities. In providing or obtaining Covered Services, all
persons (including individuals, businesses and other organizations, and any other legal
entity) should use good-faith efforts and available resources to follow the minimum
standard health protocols recommended by DSHS, found at
https://www.dshs.texas.gov/coronavirus/. All persons should also follow, to the extent not
inconsistent with the DSHS minimum standards, the Guidelines from the President and
the CDC, as well as other CDC recommendations. Individuals are encouraged to wear
appropriate face coverings, but no jurisdiction can impose a civil or criminal penalty
for failure to wear a face covering. Nothing in this executive order or the DSHS
minimum standards precludes requiring a customer wishing to obtain services to follow
additional hygiene measures.
Religious services should be conducted in accordance with the joint guidance issued and
updated by the attorney general and Governor. Nothing in this executive order, the DSHS
minimum standards, or the joint guidance issued and updated by the attorney general
and Governor precludes churches, congregations, and houses of worship from using
school campuses for their religious services or other allowed services.
Except as specifically allowed above, people shall avoid visiting interactive amusement
venues such as video arcades, amusement parks, or water parks, unless these enumerated
establishments or venues are specifically added as a Covered Service by proclamation or
future executive order of the Governor. Notwithstanding anything herein to the contrary,
the Governor may by proclamation add to this list of establishments or venues that
people shall avoid visiting. To the extent any of the establishments or venues that people
shall avoid visiting also offer Covered Services permitted above, such as restaurant
services, these establishments or venues can offer only the Covered Services and may
not offer any other services. This executive order does not prohibit people from
accessing Covered Services or engaging in safe daily activities, such as going to the
grocery store or gas station; providing or obtaining other Covered Services; visiting
swimming pools, parks, beaches, rivers, or lakes; hunting or fishing; attending youth club
meetings or events; or engaging in physical activity like jogging, bicycling, or other
124 of 151
outdoor sports, so long as the necessary precautions are maintained to reduce the
transmission of COVID-19 and to minimize in-person contact with people who are not in
the same household.
In accordance with the Guidelines from the President and the CDC, people shall not visit
nursing homes, state supported living centers, assisted living facilities, or long term care
facilities unless to provide critical assistance as determined through guidance from the
Texas Health and Human Services Commission (HHSC). Nursing homes, state supported
living centers, assisted living facilities, and long-term care facilities should follow
infection control policies and practices set forth by the HHSC, including minimizing the
movement of staff between facilities whenever possible.
In accordance with the Guidelines from the President and the CDC, schools shall remain
temporarily closed to in-person classroom attendance by students for the 20 19-2020
school year, except for the following:
1. Public education students (accompanied by an adult if needed) may, as allowed
by the school consistent with the minimum standard health protocols found in
guidance issued by the Texas Education Agency (TEA), visit his or her school
campus
(a) for limited non-instructional administrative tasks such as cleaning out
lockers, collecting personal belongings, and returning school items like band
instruments and books; or
(b) for graduating seniors, to complete post-secondary requirements that cannot
be accomplished absent access to the school facility and its resources, excluding
any activity or assessment which can be done virtually.
2. Beginning June 1, 2020, public school districts may offer, and public education
students may accordingly visit school campuses for, in-person classroom
instructional activities and learning options, such as summer school programs,
special education evaluations, specialized assessments, and individualized tutoring,
under the minimum standard health protocols found in guidance issued by the TEA.
3. Public education teachers and staff are encouraged to continue to work remotely
from home if possible, but may return to schools to conduct remote video instruction,
to perform administrative duties, and, beginning June 1 , 2020, to provide in-person
classroom instructional activities and learning options as permitted and offered by
school districts, under the minimum standard health protocols found in guidance
issued by the TEA.
4. https://www.dshs.texas.gov/coronavirus/ reopen campuses and are encouraged to
establish similar standards to allow students, teachers, and staff to return to schools
for the limited purposes set forth above.
5. Notwithstanding anything herein to the contrary, schools may conduct graduation
ceremonies consistent with the minimum standard health protocols found in
guidance issued by the TEA.
This executive order, as it pertains to cosmetology salons, hair salons, barber shops, nail
salons/shops, and other establishments where licensed cosmetologists or barbers practice
their trade, is retroactive to April 2, 2020, to the extent necessary to supersede and
nullify the existence of any prior or existing state or local executive order, the violation
of which could form the basis for confinement in jail. To the extent any order issued by
125 of 151
local officials in response to COVID-l9 would allow confinement in jail of a person
inconsistent with this executive order or any prior state executive order, that order is
superseded retroactive to April 2, 2020.
All existing state executive orders relating to COVID-19 are amended to eliminate
confinement in jail as an available penalty for any violation of the executive orders. No
jurisdiction can confine a person in jail as a penalty for violating any executive order, or
any order issued by local officials, in response to the COVD-19 disaster. To the extent
any order issued by local officials in response to the COVLD-l9 disaster would allow
confinement in jail, that order is superseded, and I hereby suspend all relevant laws to
the extent necessary to ensure that local officials do not confine people in jail for
violating any order issued in response to the COVD-19 disaster. This amendment and
suspension operates retroactively to April 2, 2020, and supersedes any contrary local or
state order.
response to the COVID- 19 disaster, but only to the extent that such a local order
restricts Covered Services allowed by this executive order, allows gatherings prohibited
by this executive order, or expands the list or scope of Covered Services as set forth in
this executive order. I hereby suspend Sections 418.1015(b) and 418.108 of the Texas
Government Code, Chapter 81, Subchapter E of the Texas Health and Safety Code, and
any other relevant statutes, to the extent necessary to ensure that local officials do not
impose restrictions in response to the COVID-19 disaster that are inconsistent with this
executive order, provided that local officials may enforce this executive order as well as
local restrictions that are consistent with this executive order.
This executive order supersedes Executive Orders GA-21 and GA-22, but does not
supersede Executive Orders GA-b, GA-13, GA-17, GA-19, or GA-20.
This executive order shall remain in effect and in full force until 11:59 p.m. on June 3,
2020, unless it is modified, amended, rescinded, or superseded by the Governor.

above.
follows:
126 of 151
more.
127 of 151
Q. GA – 25 Jail Liberty Restriction
On the 22nd day of May, 2020 Governor Abbot issued an executive order
Relating to in-person visitation at county and municipal jails during the COVID-19 disaster
order the following on a statewide basis effective immediately:
All county and municipal jails are closed to in-person visitation, and every person
in Texas shall avoid in-person visitation at closed jails; provided, however, that this
restriction does not apply to visitation by
(i) an attorney meeting with a client; or
(ii) a religious leader or member of the clergy.
Any visitation allowed under this executive order should be conducted in accordance
with guidance issued by the Texas Commission on Jail Standards.
1. Denial of Bail
Bail is a function of the courts, not the executive. See IV(F) above.
128 of 151
R. GA – 26 Medical Liberty
On the 3rd day of June, 2020 Governor Abbot issued an executive order
Relating to the expanded opening of Texas in response to the COVID-19 disaster (coronavirus)
NOW, THEREFORE, 1, 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, and in
accordance with guidance from DSHS Commissioner Dr. Hellerstedt and other medical
advisors, the Governor’s Strike Force to Open Texas, the White House, and the CDC, do
hereby order the lollowing on a statewide basis effective immediately:
Every business establishment in Texas shall operate at no more than 50 percent of the
total listed occupancy of the establishment; provided, however, that:
1. There is no occupancy limit for the following:
a. any services listed by the U.S. Department of Homeland Security’s Cyber
security and Infrastructure Security Agency (CISA) in its Guidance on the
Essential Critical Infrastructure Workforce, Version 3. 1 or any subsequent
version;
b. religious services conducted in churches, congregations, and houses of
worship;
c. local government operations, including county and municipal governmental
recordation, and document-filing services, as determined by the local
government;
d. child-care services;
e. youth camps, including but not limited to those defined as such under Chapter
other daytime and overnight camps for youths; and
f. recreational sports programs for youths and adults;
2. Except as provided below by paragraph number 5, this 50 percent occupancy
limit does not apply to outdoor areas, events, or establishments, except that the
following outdoor areas or outdoor venues shall operate at no more than 50 percent
of the normal operating limits as determined by the owner:
a. professional, collegiate, or similar sporting events;
b. swimming pools;
c. water parks;
d. museums and libraries;
e. zoos, aquariums, natural caverns, and similar facilities; and f. rodeos and
equestrian events;
3. This 50 percent occupancy limit does not apply to the following establishments
that operate with at least six feet of social distancing between work stations:
129 of 151
a. cosmetology salons, hair salons, barber shops, nail salons/shops, and other
b. massage establishments and other facilities where licensed massage therapists
or other persons licensed or otherwise authorized to practice under Chapter 455
of the Texas Occupations Code practice their trade; and
c. other personal-care and beauty services such as tanning salons, tattoo studios,
piercing studios, hair removal services, and hair loss treatment and growth
services;
4. Amusement parks and carnivals shall operate at no more than 50 percent of the
normal operating limits as determined by the owner, except that in counties with
more than 1 ,000 cumulative cases of COVID- 1 9, amusement parks may not begin
operating until 12:01 a.m. on June 19, 2020;
5. For any outdoor gathering estimated to be in excess of 500 people, other than
those set forth above in paragraph numbers 1, 2, or 4, the county judge or mayor, as
appropriate, in consultation with the local public health authority, may impose
additional restrictions;
6. For dine-in services by restaurants that have less than 5 1 percent of their gross
receipts from the sale of alcoholic beverages, the occupancy limit shall increase at
12:01 a.m. on June 12, 2020, to permit such restaurants to operate at up to 75
percent of the total listed occupancy of the restaurant;
7. For indoor bars and similar indoor establishments that are not restaurants as
defined above and that hold a permit from the Texas Alcoholic Beverage
Commission, only those customers who are seated may be served;
8. For any business establishment that is subject to a 50 percent “total listed
occupancy” limit or “normal operating limit,” and that is in a county that has filed
with DSHS, and is in compliance with, the requisite attestation form attestation
form promulgated by Texas Department of State Health Services
regarding minimal cases of COVID-19, the business establishment may operate at up
to 75 percent of the total listed occupancy or normal operating limit of the
establishment starting 12:01 a.m. on June 12, 2020;
9. For purposes of this executive order, facilities with retractable roofs are
considered indoor facilities, whether the roof is opened or closed; and
10. Staff members are not included in determining operating levels, except for
manufacturing services and office workers.
Except as provided in this executive order or in the minimum standard health
protocols recommended by DSHS, found at www.dshs.texas.gov/coronavirus, people
should not be in groups larger than ten and should maintain six feet of social
distancing from those not in their group. People over the age of 65 are strongly
encouraged to stay at home as much as possible; to maintain appropriate distance
from any member of the household who has been out of the residence in the previous
14 days; and, if leaving the home, to implement social distancing and to practice
good hygiene, environmental cleanliness, and sanitation.
In providing or obtaining services, every person (including individuals, businesses, and
other legal entities) should use good-faith efforts and available resources to follow the
minimum standard health protocols recommended by DSHS. Nothing in this executive
order or the DSHS minimum standards precludes requiring a customer to follow
130 of 151
additional hygiene measures when obtaining services. Individuals are encouraged to
wear appropriate face coverings, but no jurisdiction can impose a civil or criminal
penalty for failure to wear a face covering. People shall not visit nursing homes, state
supported living centers, assisted living facilities, or long-term care facilities unless as
determined through guidance from the Texas Health and Human Services Commission
(HHSC). Nursing homes, state supported living centers, assisted living facilities, and
long-term care facilities should follow infection control policies and practices set forth by
HHSC, including minimizing the movement of staff between facilities whenever possible.
Notwithstanding anything herein to the contrary, the Governor may by proclamation add
to the list of establishments or venues that people shall avoid visiting.
For the remainder of the 20 19-2020 school year, public schools may resume operations
for the summer as provided by, and under the minimum standard health protocols found
in, guidance issued by the Texas Education Agency (TEA). Private schools and
institutions of higher education are encouraged to establish similar standards.
Notwithstanding anything herein to the contrary, schools may conduct graduation
ceremonies consistent with the minimum standard health protocols found in guidance
issued by TEA.
response to the COVID-19 disaster, but only to the extent that such a local order restricts
services allowed by this executive order, allows gatherings prohibited by this executive
order, or expands the list or scope of services as set forth in this executive order.
Pursuant to Section 418.0 16(a) of the Texas Government Code, I hereby suspend
Sections 418.1015(b) and 418. 108 of the Texas Government Code, Chapter 81,
Subchapter E of the Texas Health and Safety Code, and any other relevant statutes, to the
extent necessary to ensure that local officials do not impose restrictions in response to
the COVID-19 disaster that are inconsistent with this executive order, provided that local
officials may enforce this executive order as well as local restrictions that are consistent
with this executive order.
All existing state executive orders relating to COVID- 19 are amended to eliminate
confinement in jail as an available penalty for violating the executive orders. To the
extent any order issued by local officials in response to the COVID-19 disaster would
allow confinement in jail as an available penalty for violating a COVID-l9- related
order, that order allowing confinement in jail is superseded, and 1 hereby suspend all
relevant laws to the extent necessary to ensure that local officials do not confine people
in jail for violating any executive order or local order issued in response to the COVID-
19 disaster.
This executive order supersedes Executive Order GA-23, but does not supersede
Executive Orders GA-b, GA-13, GA-17, GA-19, GA-20, GA-24, or GA-25. This executive
order shall remain in effect and in full force unless it is modified, amended, rescinded, or
superseded by the Governor. This executive order may also be amended by proclamation
of the Governor.
131 of 151
132 of 151
S. GA – 27 Medical Liberty
On the 25th day of June, 2020 Governor Abbot issued an executive order Relating to the need for
increased hospital capacity during the COVID-19 disaster (coronavirus) which reads in pertinent
part as follows:
the following effective at 11:59 p.m. on Friday, June 26, 2020:
Every hospital that is licensed under Chapter 241 of the Texas Health and Safety Code,
and is also located in Bexar, Dallas, Harris, or Travis counties, shall postpone all
surgeries and procedures that are not medically necessary to diagnose or correct a
serious medical condition of, or to preserve the life of, a patient who without timely
performance of the surgery or procedure would be at risk for serious adverse medical
consequences or death, as determined by the patient’s physician; provided, however, that
this prohibition shall not apply to any surgery or procedure that, if performed in
accordance with the commonly accepted standard of clinical practice, would not deplete
any hospital capacity needed to cope with the COVID-19 disaster.
The Governor may by proclamation add to or subtract from the list of counties covered
by this prohibition.
This executive order does not supersede Executive Orders GA-b, GA-13, GA-17, GA 19,
GA-24, GA-25, or GA-26. This executive order shall remain in effect and in full force
until modified, amended, rescinded, or superseded by the Governor.
Research right to contract for medical care.
133 of 151
T. GA – 28 Liberty Restrictions and Suspend Laws
On the 26th day of June, 2020 Governor Abbot issued an executive order
Relating to the targeted response to the COVID-19 disaster as part of the reopening of Texas
accordance with guidance from DSHS Commissioner Dr. Hellerstedt and other medical
advisors, the Governor’s Strike Force to Open Texas, the White House, and the CDC, do
hereby order the following on a statewide basis effective at noon on June 26, 2020:
a. any services listed by the U.S. Department of Homeland Security’s
Cybersecurity and Infrastructure Security Agency (CISA) in its Guidance on the
Essential Critical Infrastructure Workforce, Version 3.1 or any subsequent
version;
b. religious services, including those conducted in churches, congregations, and
houses of worship;
government;
other daytime and overnight camps for youths; and
2. Except as provided below by paragraph number 5, this 50 percent occupancy limit
does not apply to outdoor areas, events, or establishments, except that the following
outdoor areas or outdoor venues shall operate at no more than 50 percent of the
normal operating limits as determined by the owner:
a. professional, collegiate, or similar sporting events;
b. swimming pools;
c. water parks;
d. museums and libraries;
e. zoos, aquariums, natural caverns, and similar facilities; and
f. rodeos and equestrian events;
3. This 50 percent occupancy limit does not apply to the following establishments
that operate with at least six feet of social distancing between work stations:
134 of 151
services;
4. Amusement parks shall operate at no more than 50 percent of the normal
operating limits as determined by the owner;
5. For any outdoor gathering in excess of 100 people, other than those set forth
above in paragraph numbers 1, 2, or 4, the gathering is prohibited unless the mayor
of the city in which the gathering is held, or the county judge in the case of a
gathering in an unincorporated area, approves of the gathering, and such approval
can be made subject to certain conditions or restrictions not inconsistent with this
executive order;
6. For dine-in services by restaurants that have less than 51 percent of their gross
receipts from the sale of alcoholic beverages, the occupancy limit shall remain at 75
percent until 12:01 a.m. on June 29, 2020, at which time such restaurants may only
operate at up to 50 percent of the total listed occupancy of the restaurant, subject to
paragraph number 9 below;
7. People shall not visit bars or similar establishments that hold a permit from the
Texas Alcoholic Beverage Commission (TABC) and are not restaurants as defined
above in paragraph number 6; provided, however, that the use by such bars or
similar establishments of drive-thru, pickup, or delivery options for food and drinks
is allowed to the extent authorized by TABC;
8. People shall not use commercial rafting or tubing services, including rental of
rafts or tubes and transportation of people for the purpose of rafting or tubing;
with DSHS, and is in compliance with, the requisite attestation form promulgated by
DSHS regarding minimal cases of COVID-19, the business establishment may
operate at up to 75 percent of the total listed occupancy or normal operating limit of
the establishment;
10. for purposes of this executive order, facilities with retractable roofs are
considered indoor facilities, whether the roof is opened or closed;
manufacturing services and office workers;
12. Except as provided in this executive order or in the minimum standard health
protocols recommended by DSHS, found at www.dshs.texas.gov/coronavirus, people
should not be in groups larger than ten and should maintain six feet of social
distancing from those not in their group;
13. People over the age of 65 are strongly encouraged to stay at home as much as
possible; to maintain appropriate distance from any member of the household who
has been out of the residence in the previous 14 days; and, if leaving the home, to
135 of 151
and sanitation; 14. In providing or obtaining services, every person (including
individuals, businesses, and other legal entities) should use good-faith efforts and
available resources to follow the minimum standard health protocols recommended
by DSHS;
15. Nothing in this executive order or the DSHS minimum standards precludes
requiring a customer to follow additional hygiene measures when obtaining services.
Individuals are encouraged to wear appropriate face coverings, but no jurisdiction
can impose a civil or criminal penalty for failure to wear a face covering;
16. People shall not visit nursing homes, state supported living centers, assisted
living facilities, or long-term care facilities unless as determined through guidance
from the Texas Health and Human Services Commission (HHSC). Nursing homes,
state supported living centers, assisted living facilities, and long-term care facilities
should follow infection control policies and practices set forth by HHSC, including
minimizing the movement of staff between facilities whenever possible; and
17. For the remainder of the 2019-2020 school year, public schools may resume
operations for the summer as provided by, and under the minimum standard health
protocols found in, guidance issued by the Texas Education Agency (TEA). Private
schools and institutions of higher education are encouraged to establish similar
standards. Notwithstanding anything herein to the contrary, schools may conduct
graduation ceremonies consistent with the minimum standard health protocols found
in guidance issued by TEA.
to the list of establishments or venues that people shall not visit.
response to the COVID-19 disaster, but only to the extent that such a local order restricts
Pursuant to Section 418.0 16(a) of the Texas Government Code, I hereby suspend
Sections 418.1015(b) and 418.108 of the Texas Government Code, Chapter 81,
Subchapter E of the Texas Health and Safety Code, and any other relevant statutes, to the
All existing state executive orders relating to COVTD-19 are amended to eliminate
allow confinement in jail as an available penalty for violating a COVD-l9- related
order, that order allowing confinement in jail is superseded, and I hereby suspend all
in jail for violating any executive order or local order issued in response to the COVJD-
19 disaster. This executive order supersedes Executive Order GA-26, but does not
supersede Executive Orders GA-b, GA-13, GA-17, GA-19, GA-24, GA-25, or GA-27.
This executive order shall remain in effect and in full force unless it is modified,
amended, rescinded, or superseded by the Governor. This executive order may also be
amended by proclamation of the Governor.
136 of 151

above.
follows:

more.
137 of 151
U. GA – 29 Liberty Restriction and Face Mask
On the 2nd day of July, 2020 Governor Abbot issued an executive order Relating to the use of
face coverings during the COVID-19 disaster (coronavirus/masks) which reads in pertinent part
as follows:
the following on a statewide basis effective at 12:0 1 p.m. on July 3, 2020:
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:
1. any person younger than 10 years of age;
2. any person with a medical condition or disability that prevents wearing a face
covering; 3. any person while the person is consuming food or drink, or is seated at a
restaurant to eat or drink;
4. 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;
5. any person while the person is driving alone or with passengers who are part of
the same household as the driver;
6. 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;
7. any person while the person is in a swimming pool, lake, or similar body of water;
8. any person who is voting, assisting a voter, serving as a poll watcher, or actively
administering an election, but wearing a face covering is strongly encouraged;
9. any person who is actively providing or obtaining access to religious worship, but
wearing a face covering is strongly encouraged;
10. any person while the person is giving a speech for a broadcast or to an audience;
or
11. any person in a county
(a) that meets the requisite criteria promulgated the Texas Division of
Emergency Management (TDEM) regarding minimal cases of COVID-19, and
(b) whose county judge has affirmatively opted-out of this face-covering
requirement by filing with TDEM the required face-covering attestation form—
138 of 151
provided, however, that wearing a face covering is highly recommended, and
every county is strongly encouraged to follow these face-covering standards.
Not excepted from this face-covering requirement is any person attending a protest or
demonstration involving more than 10 people and who is not practicing safe social
distancing of six feet from other people not in the same household.
TDEM shall maintain on its website a list of counties that are not subject to this face-
covering requirement pursuant to paragraph number 11. The list can be found at:
www.tdem.texas.gov/ga29.
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.
Executive Order GA-28 is hereby amended to delete from paragraph number 15 the
phrase: “, but no jurisdiction can impose a civil or criminal penalty for failure to wear a
face covering.”
The Governor may by proclamation amend this executive order or add to the list of
people to whom this face-covering requirement does not apply.
This executive order does not supersede Executive Orders GA-b, GA-13, GA-17, GA 19,
GA-24, GA-25, GA-27, or GA-28 as amended. This executive order shall remain in effect
and in full force until modified, amended, rescinded, or superseded by the Governor.

above.
139 of 151
140 of 151
V. GA – 30 Liberty Restriction
On the 1tth day of September, 2020 Governor Abbot issued an executive order
Relating to the continued response to the COVID-19 disaster as Texas reopens which reads in
accordance with guidance from the Commissioner of the Texas Department of State
Health Services, Dr. John Hellerstedt, other medical advisors, the White House, and the
CDC, do hereby order the following on a statewide basis effective at 12:01 a.m. on
September 21, 2020:
a. any services listed by the U.S. Department of Homeland Security’s
Cybersecurity and Infrastructure Security Agency (CISA) in its Guidance on the
Essential Critical Infrastructure Workforce, Version 4.0 or any subsequent
version;
b. religious services, including those conducted in churches, congregations, and
houses of worship;
government;
other daytime and overnight camps for youths;
g. any public or private schools, and any public or private institutions of higher
education, not already covered above; and
h. drive-in concerts, movies, or similar events, under guidelines that facilitate
appropriate social distancing, that generally require spectators to remain in
their vehicles, and that minimize in-person contact between people who are not
in the same household or vehicle.
2. The following types of business establishments may operate at up to 75 percent of
the total listed occupancy of the establishment, except for those establishments in
areas with high hospitalizations as defined below:
a. in-store, non-CISA retail establishments;
b. dine-in restaurants, as defined below in paragraph No. 7;
c. non-CISA office buildings;
141 of 151
d. non-CISA manufacturers;
e. museums and libraries; and
f. gyms and exercise facilities and classes.
“Areas with high hospitalizations” means any Trauma Service Area that has had
seven consecutive days in which the number of COVID- 19 hospitalized patients as a
percentage of all hospitalized patients exceeds 15 percent, until such time as the
Trauma Service Area has seven consecutive days in which the number of COVTD- 19
hospitalized patients as a percentage of all hospitalized patients is 15 percent or less.
A current list of areas with high hospitalizations will be maintained at
www.dshs.texas.gov/ga303 1.
3. Except as provided below by paragraph No. 6, this 50 percent occupancy limit
does not apply to outdoor areas, events, or establishments, except that the outdoor
areas or outdoor venues identified in paragraph No. 2 of Executive Order GA-28
shall operate at no more than the percentage of normal operating limits as was set
forth in Executive Order GA-2$.
4. There is no occupancy limit for the following establishments that operate with at
least six feet of social distancing between work stations:
services.
5. Amusement parks shall operate at no more than 50 percent of the normal
operating limits as determined by the owner.
6. For any outdoor gathering in excess of 10 people, other than those set forth above
in paragraph Nos. 1, 2, 3, or 5, the gathering is prohibited unless the mayor of the
city in which the gathering is held, or the county judge in the case of a gathering in
an unincorporated area, approves of the gathering, and such approval can be made
subject to certain conditions or restrictions not inconsistent with this executive order.
7. Only restaurants that have less than 51 percent of their gross receipts from the
sale of alcoholic beverages, and whose customers eat or drink only while seated, may
offer dine-in services.
8. People shall not visit bars or similar establishments that hold a permit from the
Texas Alcoholic Beverage Commission (TABC) and are not restaurants as defined
above in paragraph No. 7; provided, however, that the use by such bars or similar
establishments of drive-thru, pickup, or delivery options for food and drinks is
allowed to the extent authorized by TABC.
9. People shall not use commercial rafting or tubing services, including rental of
rafts or tubes and transportation of people for the purpose of rafting or tubing.
142 of 151
with DSHS, and is in compliance with, the requisite attestation form promulgated by
DSHS regarding minimal cases of COVLD-19, the business establishment may
operate at up to 75 percent of the total listed occupancy or normal operating limit of
the establishment.
11. For purposes of this executive order, facilities with retractable roofs are
considered indoor facilities, whether the roof is opened or closed.
manufacturing services and office workers.
13. Except as provided in this executive order or in the minimum standard health
protocols recommended by DSHS, found at http://www.dshs.texas.gov/coronavirus,
people shall not be in groups larger than 10 and shall maintain six feet of social
distancing from those not in their group.
14. People over the age of 65 are strongly encouraged to stay at home as much as
possible; to maintain appropriate distance from any member of the household who
has been out of the residence in the previous 14 days; and, if leaving the home, to
and sanitation.
15. In providing or obtaining services, every person (including individuals,
businesses, and other legal entities) should use good-faith efforts and available
resources to follow the minimum standard health protocols recommended by DSHS.
16. Nothing in this executive order or the DSHS minimum standards precludes
requiring a customer to follow additional hygiene measures when obtaining
services.
17. People may visit nursing homes, state supported living centers, assisted living
facilities, or long-term care facilities as determined through guidance from the Texas
Health and Human Services Commission (HHSC). Nursing homes, state supported
living centers, assisted living facilities, and long-term care facilities should follow
infection control policies and practices set forth by HHSC, including minimizing the
movement of staff between facilities whenever possible; and
18. Public schools may operate as provided by, and under the minimum standard
health protocols found in, guidance issued by the Texas Education Agency (TEA).
Private schools and institutions of higher education are encouraged to establish
similar standards.
to the list of establishments or venues that people shall not visit.
response to the COVJD-19 disaster, but only to the extent that such a local order restricts
Pursuant to Section 418.016(a) of the Texas Government Code, I hereby suspend
Sections 418.1015(b) and 418.108 of the Texas Government Code, Chapter 81,
Subchapter F of the Texas Health and Safety Code, and any other relevant statutes, to the
143 of 151
All existing state executive orders relating to COVID-19 are amended to eliminate
allow confinement in jail as an available penalty for violating a COVID- 19-related
order, that order allowing confinement in jail is superseded, and I hereby suspend all
in jail for violating any executive order or local order issued in response to the COVD-19
disaster.
This executive order supersedes Executive Order GA-2$, but does not supersede
Executive Orders GA-b, GA-13, GA-17, GA-19, GA-24, GA-25, GA-27, or GA-29. This
executive order shall remain in effect and in full force unless it is modified, amended,
rescinded, or superseded by the Governor. This executive order may also be amended by
proclamation of the Governor.

above.
follows:
(b)
programs.
and learning.
144 of 151
(1) the Governor;
145 of 151
3. Violation Constitutional Prohibition

146 of 151
W. GA – 31 Suspension of Laws
On the 17th day of September, 2020 Governor Abbot issued an executive order
Relating to hospital capacity during the COVID-19 disaster which reads in pertinent part as
follows:
the following on a statewide basis effective immediately:
Every hospital that is licensed under Chapter 241 of the Texas Health and Safety
Code, and is also located in an area with high hospitalizations as defined below,
shall postpone all surgeries and procedures that are not medically necessary to
diagnose or correct a serious medical condition of, or to preserve the life of, a
patient who without timely performance of the surgery or procedure would be at risk
for serious adverse medical consequences or death, as determined by the patient’s
physician; provided, however, that this prohibition shall not apply to any surgery or
procedure that, if performed in accordance with the commonly accepted standard of
clinical practice, would not deplete any hospital capacity needed to cope with the
COVLD-19 disaster. “Areas with high hospitalizations” means any Trauma Service
Area that has had seven consecutive days in which the number of COVID- 19
hospitalized patients as a percentage of all hospitalized patients exceeds 15 percent,
until such time as the Trauma Service Area has seven consecutive days in which the
number of COVID-19 hospitalized patients as a percentage of all hospitalized
patients is 15 percent or less. A current list of areas with high hospitalizations will be
maintained at www.dshs.texas.gov/ga303 1.
Furthermore, every hospital that is licensed under Chapter 241 of the Texas Health
and Safety Code shall reserve at least 10 percent of its hospital capacity for
treatment of COVID- 19 patients, accounting for the range of clinical severity of
COVID-19 patients, as determined by the Texas Health and Human Services
Commission; provided, however, that any hospital that is part of a hospital system
consisting of more than one member hospital may reserve less than 10 percent of its
capacity so long as the cumulative capacity reserved throughout the hospital system
within the same Trauma Service Area is at least 10 percent.
Pursuant to Section 418.016(a) of the Texas Government Code, I hereby continue the
suspension of the following provisions to the extent necessary to implement increased
occupancy in the event of surge needs for hospital capacity due to COV1D- 19:
25 TAC Sec. 133.162(d)(4)(A)(iii)(I);
25 TAC Sec. 133.1 63(f)( 1)(A)(i)(ll)—(ffi);
25 TAC Sec. 133.163(O(1)(B)(i)(ffl)—(W);
25 TAC Sec. 133.163(m)(1)(B)(ii);
25 TAC Sec. 133.163(t)(1)(B)(iii)—(iv);
147 of 151
25 TAC Sec. 133.163(t)(1)(C); 25 TAC Sec. 133.163(t)(5)(B)—(C); andny other
pertinent regulations or statutes, upon written approval of the Office of the
Governor.
This executive order supersedes Executive Orders GA-19 and GA-27, but does not
supersede Executive Orders GA-b, GA-13, GA-17, GA-24, GA-25, GA-29, or GA-30. This
executive order shall remain in effect and in full force until modified, amended,
X. Governor Is Without Power to Create, Abolish, or Change Law

The government of the State of Texas is broken into three branches, the Legislature, the
Executive, and the Judiciary. See IV(A) above.
Y. Sedition – Public Law 577.001

Here, Governor Abbott’s conduct in issuing executive orders infringes on fundamental rights
found in Article I, § 10, 28, and 29 Texas Constitution Article II, and Texas Constitution Article
III Section 56.
I charge that heretofore, and before the making and filing of this complaint, on or before the
____ day of ___________, _____, in the County of Travis and State of Texas, Gregory Abbott,
did then and there unlawfully and willfully deny Complainant et al in the full and free exercise or
enjoyment of rights protected by the Constitution while acting under the color of his official
capacity in violation of Article 39.03 Texas Penal Code, against the peace and dignity of the
State.
As shown above, Governor Abbott purported to create law binding on the individual then
commandeered the Department of Public Safety as an enforcement arm of the Executive branch
of government, which acted to supersede local sheriffs. The Governor, by said acts enacted
through edict by proclamation, bypassed the Legislature an took power upon himself to dictate to
the people of the State of Texas and thereby nullify the Legislature and the Constitution in
violation of Texas Penal Code 557.001 which reads as follows:
Sec. 557.001. SEDITION.

(a) A person commits an offense if the person knowingly:
(1) commits, attempts to commit, or conspires with one or more persons to commit an act
state or of any political subdivision of this state by force or violence;
(2) under circumstances that constitute a clear and present danger to the security of this
state or a political subdivision of this state, advocates, advises, or teaches or conspires
148 of 151
with one or more persons to advocate, advise, or teach a person to commit or attempt to
commit an act described in Subdivision (1); or
(3) participates, with knowledge of the nature of the organization, in the management of
an organization that engages in or attempts to engage in an act intended to overthrow,
destroy, or alter the constitutional form of government of this state or of any political
subdivision of this state by force or violence.
(b) An offense under this section is a felony punishable by:
(1) a fine not to exceed $20,000;
(2) confinement in the Texas Department of Criminal Justice for a term of not less than
one year or more than 20 years; or
(3) both fine and imprisonment.
(c) A person convicted of an offense under this section may not receive community
supervision under Chapter 42A, Code of Criminal Procedure.
Based on the above, Complainant charges and alleges that Defendant, Governor Greg Abbott,
committed the act of Sedition against the peace and dignity of the State of Texas.
________________
Randall Kelton
149 of 151
Acknowledgement
STATE OF TEXAS COUNTY OF _______________
Before me, _____________________________, on this day personally appeared Randall Kelton,

known to me (or proved to me on the oath of___________________ or through Texas Driver’s
License to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this __________ day of __________, 2020
______________________
(Personalized Seal) Notary Public's Signature
150 of 151
CERTIFICATE OF SERVICE
I, $plaintiff_first $ plaintiff_Last, hereby certify that a true and correct copy of above and
foregoing has been delivered to $defendant_name, $defendant_address, on this the ___ day of
_____________ $year, by certified mail (Certified Mail Receipt # _____ _____ _____ _____
_____), in accordance with the rules governing same.
___________________
$plaintiff_first $ plaintiff_Last
$ plaintiff_address
$ plaintiff_city, $ plaintiff_stabr $ plaintiff_zip
$ plaintiff_email
151 of 151

Governor Criminal Complaint

Uploaded by

Copyright:

Available Formats

Governor Criminal Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Governor Criminal Complaint

Uploaded by

Copyright:

Available Formats

In the Name and Under Authority of

the State of Texas

I. PHILOSOPHY OF OUR FOUNDERS

“Under the fundamental philosophy of the American constitutional form of representative

Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND

C. Primary Political Protection

D. Founder’s Supreme Law

E. Warring Against The Constitution

2. No Power to Nullify Law

Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND

SECTION X. He shall take care that the laws be faithfully executed.

A. What Are Magistrates

B. Who Are Magistrates

Art. 52.01. COURTS OF INQUIRY CONDUCTED BY DISTRICT JUDGES. (a) When a

A. Grand Juries as The Ultimate Balance to the Abuse of Power

2. Trust the System

B. Life Is Filled With Decisions

1. Our Choices Define Us

2. We Live or Die by Our Decisions

3. Who is to Pay This Piper

IV. LIMITS ON EXERCISE OF POWER

A. Governor May Not Suspend Law

2. Only the Legislature May Suspend of Laws

a) Suspension of Law Restricted to Legislature

Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND

c) Violates Separation of Powers

Sec. 1. SEPARATION OF POWERS OF GOVERNMENT AMONG THREE

Sec. 62. CONTINUITY OF STATE AND LOCAL GOVERNMENTAL OPERATIONS

3. Current Law Could Be Sufficient

4. Intentional or Careless Contamination

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

1. No Power Over Citizens

3. Remedy Is Already In Law

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

C. Schools Closing as Unlawful Taking

a) Violation Constitutional Prohibition

Article 3 - LEGISLATIVE DEPARTMENT Section 56 - LOCAL AND SPECIAL LAWS

Sec. 418.016. SUSPENSION OF CERTAIN LAWS AND RULES.

d) Deposit Required Before Taking

Article I Section 17 Section 17 - TAKING, DAMAGING, OR DESTROYING PROPERTY

f) Prohibition On Taking Without Compensation

1. Duty of State to Protect Rights

Sec. 19. DEPRIVATION OF LIFE, LIBERTY, PROPERTY, ETC. BY DUE COURSE OF

c) It Happened While We Slept

a) Violation Article I Section 10

Sec. 10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. In all criminal

b) Violation of Texas Constitution Article I Section 28

Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND

d) Violation of Texas Penal code 32.48

5. 1st Degree Felony Aggravated Assault

Sec. 22.01. ASSAULT.

If simple assault, as defined above, is committed by someone who is prominently displaying a

c) 1st Degree Felony Aggravated Assault

Sec. 22.02. AGGRAVATED ASSAULT.

The elements of tortious interference with an existing contract are:

1) an existing contract subject to interference;

1. Interference With Private Contract

Upon taking office, Governor Abbott swore to the following oath:

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, , do

F. Right to Bail Suspended