in Re: Greg Abbott, in His Official Capacity as Governor of the State of Texas ( 2021 )

DENIED and Opinion Filed August 13, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00687-CV
IN RE GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR
OF THE STATE OF TEXAS, Relator
Original Proceeding from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-21-10101
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Goldstein
Opinion by Justice Goldstein
Relator Governor Greg Abbott’s August 11, 2021 petition for writ of
mandamus challenges the trial court’s temporary restraining order enjoining certain
portions of Executive Order GA-38. Entitlement to mandamus relief requires relator
to show that the trial court clearly abused its discretion and that he lacks an adequate
appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004)
(orig. proceeding).
Based on our review of the petition, real party in interest’s response, relator’s
reply, and the record before us, we conclude that relator has failed to show his
entitlement to the relief requested. In doing so, we found the reasoning in the
dissenting opinion of State v. El Paso County, 618 S.W.3d 812 (Tex. App.—El Paso
2020, no pet.), persuasive. In particular, applying the plain language of the Texas
Disaster Act, we conclude Judge Jenkins demonstrated a probable right to relief that
the Governor’s power to suspend certain laws and rules under section 418.016(a)
does not include the power to suspend the Act’s grant of authority to mayors and
county judges to declare and manage local disasters under section 418.108. See TEX.
GOV’T CODE §§ 418.001–.261. Accordingly, we deny the petition for writ of
mandamus. Having denied the petition, we also deny relator’s emergency motion for
temporary relief as moot.
/s/ Bonnie Lee Goldstein
BONNIE LEE GOLDSTEIN
JUSTICE
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