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The article attempts to determine whether the Texas Governor Greg Abbott was correct in his interpretation of Chapter 418 of the Texas Disaster Act of 1975 during the COVID-19 pandemic in 2020. Topics discussed include powers granted to the governor and local government authorities, law applicable to the conduct of judges and Supreme Court justices, and the need for an oversight of the Texas Supreme Court.

This Article is on the interrelationship of the Texas Disaster Act and Texas Government Code Section 22.0035. The author demonstrates that the Governor of Texas and the Texas Supreme Court have grossly violated the separation of powers on a continuing basis since March 29, 2020 by Governor Abbott issuing Executive Order 13, which prohibits the granting of bail to anyone awaiting trial, and the Texas Supreme Court's unwillingness to invalidate that order administratively or judicially. Finally, the Article addresses the nearly one thousand district and county court judges who are constantly violating the separations of powers by failing to invalidate the order, choosing instead to follow it and thereby subject thousands of Texas citizens to unlawful incarceration. The violation of the Texas Constitution by two branches of government who are wholly ignoring clear and unambiguous statutes passed by the Texas legislature is simply alarming. [ABSTRACT FROM AUTHOR]

The article examines the power and influence of the governor in Texas. Topics discussed include the weakening of the state's executive branch of government by the 1876 Texas Constitution, the problem with the general grant of power given to the governor, the independence of state officers from the control of the governor, and the clarification by the state's Governor Greg Abbott on his constitutional power to participate in the rulemaking process.

The article focuses on the judicial interpretation of the meaning of a statute, depicting that it is clearly not a science, but an art or skill and it can be acquired through intense study, experience, and observation. A practitioner or jurist can create an argument only through the use of the canons of construction as to the meaning of the law that will benefit his or her client. It also provides information on the Code Construction Act of Texas.

The article discusses the procedures related to agency rulemaking in the U.S. It examines the 2010 Revised Model State Administrative Procedure Act (MSAPA) based on two rulemaking goals, one is to promote public participation in rule formation and adoption by state agencies. It adds that in contrast with the 1961 and 1981 MSAPAs, the 2010 MSAPA presumes that an agency underwent a process of research and analysis before the rule proposal. It concludes that the rulemaking provisions in the 2010 MSAPA allow states to take advantage of emerging technologies.