Governor Abbott’s Order Updating Essential Critical Infrastructure Areas Adds Clarity for Certain Construction Activities

Jackson Walker
Contact

Jackson Walker

On April 27, Texas Governor Greg Abbott announced his plan for beginning to reopen businesses in Texas. In doing so, he issued a new executive order that, effective May 1, expands the scope of permitted business activities across the state. Governor Abbott’s prior orders on the subject defined those activities by referring to version 2.0 of the federal Cybersecurity and Infrastructure Security Agency’s guidance on critical infrastructure (CISA 2.0). Effective May 1, however, version 3.0 of CISA’s guidance (CISA 3.0) will set the baseline for those businesses allowed to operate across Texas going forward.

When addressing the effect of CISA upon allowing workers to proceed with construction activities, there has been confusion throughout the industry. CISA 1.0 only noted “commercial facilities” without referencing construction work, but U.S. Department of Homeland Security’s website referenced commercial and residential construction. When CISA 2.0 was issued, it added specificity and clarity in some essential critical infrastructure areas, but allowed for some construction-related confusion to remain. It clarified that residential, energy, and public sector construction could continue. It also referenced certain construction trades that that could proceed, because they supported “the supply chain of building materials”; however, it was not clear on commercial construction, in general.

CISA 3.0 now clearly states that commercial and residential construction workers can proceed with their job duties. It continues to allow public sector, communications, and energy construction work to proceed. CISA 3.0 also references workers whose activities support the construction industry and other maintenance portions of certain commercial industries as being part of essential critical infrastructure.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jackson Walker | Attorney Advertising

Written by:

Jackson Walker
Contact
more
less

Jackson Walker on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.