What’s next for Texas Governor Greg Abbott as school districts defy his mask order?

Texas school districts — including Fort Worth — are bucking Gov. Greg Abbott’s executive order that bans mask mandates, putting the governor in a delicate position as he continues to emphasize the need for personal responsibility to curb COVID-19 as hospital beds fill up.

“As long as things are not that bad, then a personal responsibility theme out of Republicans and conservatives will work, has worked and might continue to work,” said Cal Jillson, a Southern Methodist University political science professor. “But the worse the delta variant crisis becomes, the less tenable personal responsibility is.”

Fort Worth Superintendent Kent Scribner announced Tuesday masks will be required indoors and on buses for students, employees and visitors. Dallas and Austin will also require masks.

Abbott’s office held firm on the May executive order in a statement on Wednesday.

“We are all working to protect Texas children and those most vulnerable among us, but violating the Governor’s executive orders — and violating parental rights — is not the way to do it,” spokesperson Renae Eze said. “Governor Abbott has been clear that the time for mask mandates is over; now is the time for personal responsibility. Parents and guardians have the right to decide whether their child will wear a mask or not, just as with any other decision in their child’s life.”

Challenges to Abbott’s mask mandate ban are already playing out in court.

A judge on Tuesday sided with Dallas County Judge Clay Jenkins by issuing a temporary restraining order. Jenkins had challenged Abbott’s order on Monday. On Wednesday he signed an order requiring masks in schools and businesses.

San Antonio Mayor Ron Nirenberg and Bexar County Judge Nelson Wolff also filed litigation. A temporary restraining order cleared the way for Bexar County to require masks in schools. A full court hearing is set for Aug. 16, according to the city.

Asked if lawsuits have been filed or are planned related to the schools districts’ decision to require face coverings, Abbott’s office directed comment to the Texas Attorney General’s Office. The office did not immediately return requests for comment.

“Governor Abbott has spent his entire time in office fighting for the rights and freedoms of all Texans, and our office continues working with the Office of the Attorney General to do just that,” Eze said. “The best defense against this virus is the COVID vaccines, and we continue to strongly encourage all eligible Texans to get vaccinated.”

COVID-19 vaccines are not available for children under 12. The Centers for Disease Control and Prevention recommends that students, staff and visitors wear masks indoors regardless of vaccination status because of the delta variant.

More than 10,000 people were hospitalized COVID-19 in Texas on Monday compared to about 1,600 at the start of July. The state reports less than 8,300 hospital beds are available and about 830 ICU beds available.

In Tarrant County 18% of hospital beds were occupied by COVID-19 patients.

Attorney General Ken Paxton, speaking on “The Mark Davis Show” Wednesday, compared the latest legal challenges to Austin’s efforts around New Year’s to limit the hours of restaurants to help curb the virus’ spread. Ultimately, the Supreme Court of Texas ruled in favor of the state, barring the local directive.

“We’ll win this one as well,” Paxton said, later adding that he hopes “by the end of the week we can have some of this resolved at the Supreme Court.”

Early in the pandemic Abbott issued orders shuttering businesses and requiring masks in public places. In addition to his order in May, Abbott issued an executive order on July 29 reiterating 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.”

Jillson said Abbott doesn’t want to cross the Republican base and other Republican officials, so he’s going with the conservative theme of small government and light regulation.

“But ... when they have freezer trucks rolled up behind the local hospital, that personal responsibility theme no longer works,” Jillson said. “In fact the whole thing — the small government, deregulation, personal responsibility set of themes — crumbles in the face of emergency.”