HOUSTON – Back in June, Harris County Attorney Vince Ryan requested an attorney general opinion regarding facial covering mandates in county buildings during the COVID-19 pandemic.
On Aug. 3, AG Ken Paxton responded, opining that while the governor’s executive orders take precedence, “public officials may require facial coverings for those entering the courthouse or other county buildings and may deny entry to those individuals refusing to wear a facial covering inside those premises.”
In his request, Ryan wanted to know what remedies were available to a county judge if a person refused to wear a facial covering in a courthouse.
He specifically asked whether a person refusing to wear a mask could be arrested and jailed.
The AG opinion states Executive Order GA-29 authorizes a fine but does not allow for local officials to jail any person “for a violation of a facial covering requirement.”
“However, it also states that local officials may ‘enforce trespassing laws and remove violators at the request of a business establishment or other property owner,’” the opinion states. “Thus, local officials may impose a fine, consistent with Executive Order GA-29, and may remove or deny entry to individuals refusing to wear a facial covering inside those premises.”
A fine of up to $250 can be issued for an individual’s second violation of the mask requirement.
"We are pleased the attorney general agrees that local officials have the authority to require persons who enter county buildings wear face coverings to protect the health of all," Ryan said.