SAN ANTONIO (CBSDFW.COM/AP) — Officials in a major Texas county on Wednesday ordered people to wear face masks in public when social distancing isn’t possible and warned that businesses could face fines of up to $1,000 for failing to comply with county health policies in the next five days.

The executive order from Bexar County Judge Nelson Wolff came amid hospitalization rates as Texas continues to reopen during the coronavirus pandemic

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San Antonio Mayor Ron Nirenberg joined Wolff in a press conference to say they are concerned younger people will get infected with COVID-19 and take the virus home to older family members. People younger than 40 are showing the most infections in the area, the mayor said.

“What we are doing here is to protect the life and safety of the San Antonio community,” Nirenberg said.

The local order comes a day after Texas Gov. Greg Abbott acknowledged that many Texans have become lax about wearing masks and social distancing as his statewide virus restrictions have been lifted. He urged them to take greater personal responsibility for stopping the spread but said he would not require the general public to wear masks.

When asked about Dallas County Judge Clay Jenkins’ letter about doing more to require face masks at the local level, Abbott claimed Tuesday that the judge wanted to put people in jail over face masks.

“All of us have a collective responsibility to educate the public that wearing a mask is the best thing to do. Putting people in jail however is the wrong approach for this thing… and that’s exactly what I believe the Dallas County Judge wants to do and that is throw people in jail and that’s wrong,” Abbott said.

Jenkins responded by saying, “Let’s be clear about masking. No one could be jailed for not wearing a mask under my or City of Dallas’ orders. I’m simply asking the Governor to lead on the masking requirement the medical experts say is the single most important thing we can do right now to prevent the spread or allow local governments to lead on this important issue.”

In May, Texas Republican Attorney General Ken Paxton lashed out at the cities of San Antonio, Dallas and Austin over what he called “unlawful” local orders that are tougher than restrictions prescribed by Abbott, and threatened lawsuits if the cities don’t back off.

Wolff said he had reached out Abbott’s chief of staff and assistant chief of staff today to notify them of his new executive order but had yet to hear back. He said he hoped the governor would be supportive of his decision but that attorneys were ready for a legal fight.

Abbott’s spokesman John Wittman said Wolff’s order doesn’t clash with the governor’s executive order.

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“Our office urges officials and the public to adopt and follow the health protocols for businesses established by doctors,” Wittman said.

Texas-based H-E-B said its stores in Bexar County will require face masks for all customers starting on Monday, June 22.

In a statement to KENS, the popular Texas grocery chain said in part: “H-E-B has worked closely with Judge Wolff and we appreciate his hard work and dedication in keeping the health and safety of Bexar County residents a top priority. In collaboration with the local order and our government officials, effective Monday June 22, H-E-B stores in Bexar County will require masks or facial coverings to be used by all customers…”

Nine mayors of Texas’ largest cities, including San Antonio and Dallas, sent a bipartisan letter yesterday to Abbott, a Republican, asking for local governments to have the authority to enforce the use of face coverings.

Texas hit a record high for COVID-19 hospitalizations Wednesday with 2,793, an 85% increase since Memorial Day. The state has set a record for hospitalizations nine of the last 10 days. Abbott insisted Texas hospitals can handle the rising numbers of patients and the Republican has routinely touted available hospital space and intensive care beds as proof hospitals won’t be overwhelmed.

On Wednesday, Texas health officials reported 13,815 hospital beds available overall with 1,473 ICU beds.

Texas Supreme Court Justice Debra Lehrman said Wednesday her symptoms while battling COVID-19 were “quite severe” but she is now recovered.

Lehrman is one of nine judges on the state’s highest court for civil law. She announced May 21 that she and her husband Greg tested positive for the coronavirus despite being diligent about following social distancing guidelines. She is the highest-ranking state official in Texas known to test positive for the virus.

“Greg & I are so thankful for the many kind thoughts and prayers that undoubtedly helped us through this challenging time. Although my symptoms became quite severe, we are both fine with negative test results. Now, on to donating our plasma to help others!” Lehrman tweeted in announcing recovery.

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