HOUSTON - The First Court of Appeals concluded today that a trial court has jurisdiction over a dispute between Gov. Greg Abbott and Fort Bend County, affirming a ruling enjoining the state from enforcing a face mask ban.
Fort Bend sued Abbott to enjoin the enforcement of the provisions of Executive Order GA-38 disallowing local governmental entities from requiring individuals to wear face coverings.
The lawsuit addresses whether a statewide official may issue an executive order that prohibits a political subdivision from requiring face masks in certain settings.
Abbott argues that the Texas Disaster Act gives him control over the state’s continuing disaster response, Fort Bend is his designated agent in that endeavor, and that he may preempt conflicting orders issued by the county, the opinion states. .
Fort Bend, on the other hand, contends that its powers flow directly from the state constitution, not through the governor, and that it has statutory authority to address disasters on a local level. It argues that the governor acted ultra vires, without legal authority, to prevent local disaster-mitigation efforts and seeks to prohibit his interference in its mitigation plans.
Court records show the trial court granted the county’s motion for temporary injunction and denied the governor’s plea to the jurisdiction.
“GA-36 cannot constitute the status quo as a matter of law, and the trial court’s temporary injunction returns the parties to the position they were in before the allegedly ultra vires conduct,” the opinion states. “The trial court did not abuse its discretion in granting the temporary injunction.”
Appeals case No. 01-21-00453-CV