HOUSTON – The First Court of Appeals recently determined Gov. Greg Abbott’s petition for mandamus challenging a temporary restraining order on his mask mandate executive order is now moot.
Fort Bend County sued Abbott seeking injunctive relief prohibiting the governor from enforcing Executive Order GA-38, which forbids local government entities from requiring individuals to wear face coverings.
A trial court issued a TRO enjoining Abbott from enforcing the order, prompting the governor to file his petition back in August, court records show.
In his petition, the governor argued local officials and school districts would cite the TRO and ignore his pandemic response, shattering the state’s efforts to carry out a uniform response to COVID-19.
On Aug. 15, the Texas Supreme Court issued emergency stays in similar cases brought by Dallas and Bexar Counties, leading the First Court to grant Abbott’s stay in the Fort Bend County case, court records show.
The TRO subsequently expired on Aug. 25, making the mandamus proceeding moot.
On Nov. 2, the First Court dismissed the mandamus petition and lifted the temporary stay order.
Appeals case No. 01-21-00440-CV