Village of East Troy issued the following announcement on August 5.
Texas Attorney General Ken Paxton issued a pair of opinions Tuesday siding with counties and transportation authorities on face mask requirements.
The opinions both stated that local authorities can issue face mask mandates, something that Republican state lawmakers had resisted until cases spiked in recent months.
The first opinion from Paxton's office applies to county facilities, such as courthouses. Harris County Attorney Vince Ryan, a Democrat, requested the opinion.
The second opinion relates to a face mask mandate issued by METRO, the public transit authority for Harris County. Rep. Jim Murphy, R-Houston, requested the opinion.
Paxton's office states in both opinions that Gov. Greg Abbott's July 2 executive order granted the authority to both public transit agencies and county officials to regulate face masks in their respective facilities, including buses, trains and courthouses.
Paxton's guidance regarding face mask mandates on public transit is pretty straightforward.
"If wearing a facial covering in a transit authority vehicle or facility is necessary for the safe and efficient operation of the transit authority system during the COVID-19 pandemic, METRO may require any person medically capable of doing so to wear a facial covering when entering its vehicles or facilities," it reads, while also noting that Abbott's executive order allows exceptions for Texas communities with small amounts of coronavirus cases.
However, Paxton's opinion on county courthouses has more nuance. County judges can mandate face mask requirements through emergency orders, it states. County commissioners can also vote to do the same. But it is unclear whether a judge is the final authority on face mask mandates in their courtroom.
"Which official's order will prevail in any particular circumstance can only be determined after reviewing the specific orders at issue and the corresponding authority of the public officials to issue those orders," it states.
The opinion does state that judges should operate under guidance from the Texas Office of Court Administration and that executive orders from the governor trump all orders.
Legal guidance from Paxton's opinions are not binding but are influential interpretations of the law.
Original source here.
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