The COVID Project
The record
- Jurisdiction
- Texas (Supreme Court) · Houston · Texas
- Level
- Court
- Authority
- Tex. Gov't Code ch. 418 (Texas Disaster Act)
- Issued
- 2023-06-30 June 30, 2023
- End
- mandate Aug. 11, 2023 (read as 2023-08-11)
- In force
- June 30, 2023 to Aug. 11, 2023
- Limitation types
- Courts and public offices
- Addressees
- Governor; Attorney General; Harris County
- Functions reached
- Collection
- Houston MET-HOU
Operative words
We hold that... during a declared disaster, the Governor has the lawful authority to prohibit local officials from imposing mask requirements in response to a contagious disease... Her first mask order, issued on April 22, 2020, required 'all persons over the age of ten' to 'wear some form of face covering'... The State appealed, which stayed the injunction and all other proceedings in the district court. TEX. R. APP. P. 29.1(b)... None of the injunctions against GA-38 has been in effect during the pendency of the appeals now before this Court... The Governor allowed GA-38 to expire in June 2023.
Notes
Identifies the three local requirements litigated: the Aug. 17, 2021 Eighth Order (Disaster Act), the May 25, 2021 Commissioners Court order (Health & Safety Code 121.003(a)) and the Aug. 12, 2021 Local Health Authority order (81.082, 121.024); GA-38 cited as issued July 29, 2021, 46 Tex. Reg. 4913; Senate Bill 29 (Health & Safety Code 81B.002) effective Sept. 1, 2023
Retrieval notePost-period; preemption history only.