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Gov. Greg Abbott and Attorney General Ken Paxton on Wednesday filed their first court action to strike down a mask mandate enacted by local officials in defiance of Abbott’s ban on them. Abbott and Paxton asked an appellate court to nullify Dallas County Judge Clay Jenkins’ order requiring masks at businesses, schools and county facilities, which Jenkins issued a day after securing a temporary restraining order against Abbott. In a joint statement, the two Republican leaders argued that the sweeping Texas Disaster Act of 1975 “clearly states that the Governor has the power to guide the state through emergencies,” including the COVID-19 pandemic. (Scherer, 8/11)

Texas Governor Greg Abbott and state Attorney General Ken Paxton on Wednesday filed a petition to halt a judge's order requiring face masks inside schools and businesses in Dallas County. The order was signed despite Abbott previously banning government entities and officials from implementing mask mandates in Texas. Dallas County Judge Clay Jenkins on Wednesday signed an order requiring public schools, child care centers and businesses in Dallas County to develop health and safety plans that include, at minimum, face mask requirements for employees and visitors, CBS Dallas-Fort Worth reports. Jenkins cited rising COVID-19 cases and hospitalizations as the reasoning behind the mask mandate. (Freiman, 8/11)

Defiance of Gov. Greg Abbott’s ban on mask mandates continued Wednesday as more Texas school districts and communities announced plans to require students to wear face coverings and another county scored a legal victory in its efforts to issue such mandates amid a surge in COVID-19 hospitalizations throughout the state. In the Houston suburb of Spring, the school district’s 33,000 students, along with faculty, staff and visitors will be required to wear masks starting Monday. (Lozano, 8/11)

Miguel Cardona, U.S. Secretary of Education, said he’s spoken with Gov. Greg Abbott and shared his opinion on Texas’ COVID-19 policies. Cardona sat down for a virtual webinar with the National Press Foundation on Wednesday to discuss several topics related to the start of school. Cardona confirmed he had spoken to the governor and relayed his concerns about the state’s policies as schools resume classes and hospitalizations spike in Texas. (Garcia, 8/11)

Texas Children’s Hospital is faced with an alarming problem: There are approximately 45 COVID-19 pediatric hospitalizations, an all-time high for the health system, and many of those patients also have respiratory syncytial virus. The hospital has identified “25 cases and counting” of children with both RSV and COVID-19 at all three of its campuses, said Dr. James Versalovic, interim pediatrician-in-chief at Texas Children’s Hospital. More than half of those children have been hospitalized. (Wu and Gill, 8/11)

At least two hospitals in Houston have been so overwhelmed with coronavirus patients this week that officials erected overflow tents outside. In Austin, hospitals were nearly out of beds in their intensive care units. And in San Antonio, a spike in virus cases reached alarming levels not seen in months, with children as young as 2 months old tethered to supplemental oxygen. Across Texas, health officials warned of overloaded, strained hospitals, a growing crisis not seen since early February, when a late winter wave deluged the state’s health care system. More than 10,000 Texans have been hospitalized this week and at least 53 hospitals were at maximum capacity in their intensive care units. (Sandoval and Heyward, 8/11)