On 29 July 2021, Texas Governor Greg Abbott promulgated Executive Order GA-38 which provided with some exceptions, that no governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering (see also the story published on 25 August 2022 which relates to another dispute over the executive order at issue).

The County of Fort Bend sought a temporary restraining order and temporary injunction to prohibit enforcement of such executive order. The County contended that its powers flew directly from the state constitution, not through the Governor, and that it had statutory authority to address disasters on a local level. It argued that the Governor acted ultra vires, without legal authority, to prevent local disaster-mitigation efforts and sought to prohibit the Governor's interference in its mitigation plans.

By decision of 13 October 2022, the Court of Appeals of Texas, First District of Houston affirmed the trial court decision to uphold the request filed by the County. According to the Court, the County had demonstrated a probable right to relief on its claim that the Governor exceeded his authority in issuing an executive order to prevent local mitigation efforts, and the trial court's temporary injunction prevented that interference.

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