The Harris County order will go into effect April 27 and mandates all county residents age 10 and older wear face coverings while in public and is punishable by a fine of up to $1,000. At its April 22 board meeting, The Woodlands directors initially considered taking legal action against the mask order before voting 7-0 to submit the letter asking Hidalgo to rescind the order. Gov. Greg Abbott, Attorney General Ken Paxton, Harris County Precinct 4 Commissioner Jack Cagle and Harris County Precinct 4 Constable Mark Herman were also copied on Bunch's April 23 letter.
"While the Township board agrees that individuals should take necessary precautions to limit the spread of COVID-19, the Board opposes mandating something that should be a matter of personal responsibility in addition to the egregious fine for non-compliance," Bunch wrote.
During their April 22 meeting, township officials said they were concerned about the order's constitutionality, its enforcement and the additional strain it could put on the township's Harris County residents in the Village of Creekside Park or commuters who travel between counties. The township's boundaries span both Harris and Montgomery counties, the latter of which will not institute a mask order, according to Montgomery County Judge Mark Keough.
"The Harris County order places an undue burden on these residents and poses issues with how the Township administers programs and assists these residents who find themselves required to comply with orders different from the other residents in the Township," Bunch wrote.
Bunch also said the order would put a burden on Harris County constables contracted to patrol the Creekside Park area.
"Law enforcement should not be placed in a position of putting additional stress upon residents who worry about being fined if they go into public to access needed essential services. These stresses have the potential to erode the public trust and injure the well-established relationships between the Constable’s deputies that work in the Village of Creekside Park and our residents," he wrote.
Bunch concluded his letter by asking Hidalgo to walk back the Harris County mandate along with any monetary penalties.
At Cagle's request, further discussion of the mask order will take place at Harris County's April 28 Commissioners Court meeting.
