in Re Greg Abbott, in His Official Capacity as Governor of the State of Texas, and Ken Paxton, in His Official Capacity as Attorney General of the State of Texas
NUMBER 13-21-00274-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE GREG ABBOTT, IN HIS OFFICIAL CAPACITY
AS GOVERNOR OF THE STATE OF TEXAS, AND KEN PAXTON,
IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL
OF THE STATE OF TEXAS
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Benavides and Silva
Order Per Curiam
Relators Greg Abbott, in his official capacity as Governor of the State of Texas,
and Ken Paxton, in his official capacity as Attorney General of the State of Texas, have
filed a petition for writ of mandamus through which they assert that the trial court clearly
abused its discretion in enjoining the enforcement of Executive Order GA-38 issued
pursuant to the Governor’s authority under the Texas Disaster Act. In the underlying
proceedings, Point Isabel Independent School District (Point Isabel ISD) filed suit against
relators seeking injunctive relief against the enforcement of Executive Order GA-38,
which, among other provisions, forbids local governmental entities from requiring
individuals to wear face coverings. The trial court issued a temporary restraining order
enjoining enforcement of GA-38 against Point Isabel ISD and all Texas Independent
School Districts. Relators have filed an emergency motion for temporary relief seeking to
stay the trial court’s order. This morning, August 30, 2021, Point Isabel ISD filed an
opposition to relators’ emergency motion for temporary relief.
The Court, having examined and fully considered relators’ emergency motion for
temporary relief and Point Isabel ISD’s opposition thereto, is of the opinion that the
emergency motion for temporary relief should be denied. Accordingly, we deny the
relators’ emergency motion for temporary relief. The Court requests that the real party in
interest, Point Isabel ISD, or any others whose interest would be directly affected by the
relief sought, file a response to the petition for writ of mandamus on or before the
expiration of ten days from the date of this order. See id. R. 52.2, 52.4, 52.8.
PER CURIAM
Justice Silva, dissenting in part, would grant relators’ emergency motion for temporary
relief.
Delivered and filed on the
30th day of August, 2021.
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