672 S.W.3d 1
Tex.2023Background
- In March–July 2020 the Governor of Texas declared disasters and issued statewide executive orders under the Texas Disaster Act; GA-38 (July 29, 2021) forbade any governmental entity from requiring face coverings.
- Harris County (Judge Hidalgo, Commissioners Court, and Health Authority) issued local mask orders during the pandemic relying on the Disaster Act and Health & Safety Code provisions.
- Harris County sued the Governor and Attorney General seeking to enjoin enforcement of GA-38 and future similar orders; the district court granted a temporary injunction against enforcement, which the court of appeals affirmed.
- The State appealed to the Texas Supreme Court; the Court consolidated related appeals (Dallas County, San Antonio) and considered whether the Governor’s Disaster Act orders lawfully preempt or otherwise displace conflicting local mask mandates.
- The Supreme Court held Harris County had standing to sue the Attorney General (credible threat of enforcement) but concluded the County lacked a probable right to relief on the merits and dissolved the temporary injunction, reversing the court of appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue the Attorney General | Harris County: AG threatened enforcement actions creating a credible threat of prosecution, giving standing. | State: (largely conceded in Court) but standing is jurisdictional and must be shown. | Held: County has standing to sue the AG based on a credible threat of enforcement. |
| Whether county judge (as local emergency management director) can issue Disaster Act orders contrary to the Governor | Hidalgo/County: Local officials exercise Disaster Act powers locally and are not subordinated to the Governor for disaster-response policy. | Governor: §418.1015 designates county judges/mayors as the Governor’s "designated agents," so the Governor can override conflicting local Disaster Act orders. | Held: §418.1015(b) makes county judges the Governor’s designated agents; the Governor may supersede conflicting local Disaster Act orders. |
| Whether Governor may suspend statutes under §418.016(a) to negate local statutory authority for mask mandates | County: §418.016(a) cannot be read to permit suspension of statutes that authorize local disease-control measures; suspension raises Suspension Clause concerns. | State: Governor may suspend regulatory statutes that hinder disaster response; suspension supports GA-38’s effect. | Held: Court avoided deciding the constitutionality/interpretation of §418.016(a) (Suspension Clause issues); declined to rest decision on the Governor’s suspension power. |
| Whether a gubernatorial executive order (GA-38) preempts contrary local mask requirements | County: Local orders authorized by Health & Safety Code and county authority should stand. | Governor/State: Disaster Act grants orders the "force and effect of law" and §418.018(c) lets Governor control movement/occupancy and thus override conflicting local rules; Chapter 81 already places local disease-control measures under state preemption. | Held: GA-38 (as a valid Disaster Act order insofar as it rests on the Governor’s authority to control movement/occupancy and to coordinate state response) lawfully preempts contrary local mask mandates; County lacked a probable right to relief. |
Key Cases Cited
- Abbott v. Anti-Defamation League, 610 S.W.3d 911 (Tex. 2020) (Disaster Act requires the Governor to balance multiple considerations; courts should not reweigh policy).
- In re Abbott, 601 S.W.3d 802 (Tex. 2020) (separation-of-powers constraints remain during declared disasters).
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (elements required to obtain a temporary injunction).
- Heckman v. Williamson County, 369 S.W.3d 137 (Tex. 2012) (standing requires injury fairly traceable to defendant and redressable by relief).
- City of Richardson v. Oncor Elec. Delivery Co., 539 S.W.3d 252 (Tex. 2018) (state law and valid executive-branch orders with force of law preempt conflicting local enactments).
- Tex. Boll Weevil Eradication Found., Inc. v. Lewellen, 952 S.W.2d 454 (Tex. 1997) (standards for permissible legislative delegation of authority).