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Texas county OVERRULES Gov. Greg Abbott and issues mask mandate in Houston schools as Indian 'Delta' variant wreaks havoc: 'We have no choice'

A Democratic Texas official in the US's third most populous county has overruled the Republican governor's ban on mask mandates, and says students in Harris County schools will have to wear a mask.

Governor Greg Abbott signed an executive order last month banning mask and Covid-19 vaccination mandates, declaring that it would promote 'individual right and responsibility' in the Lone Star State.

But Harris County Judge Lina Hidalgo - whose role is equivalent to an executive position like a mayor, rather than a judicial one - announced Thursday that all students in schools and childcare centers from Pre-K to 12th grade to wear a mask in school.

Harris County includes the Houston Independent School District - the state's largest district - which has 276 schools and 196,943 students.

It came as the Indian 'Delta' variant wreaks havoc on the area. 

In Harris County, there are more than 32,000 active cases, largely brought on by the highly contagious variant.  

'We have no choice,' Hidalgo said in a Thursday afternoon tweet. 'Pediatric COVID-19 cases are at all-time highs in Texas, and most schools haven't even started yet.'

Harris County joins Dallas and Bexar counties as well as the city of San Antonio in challenging Gov. Greg Abbott's executive order that prohibits any school or government entities from mandating mask wearing. 

Harris County Judge Lina Hidalgo - whose role is equivalent to an executive position (not a judicial position) - overruled the Republican governor's pro-choice mask decree and says students in Harris County schools - including Houston - have to wear a mask

Harris County Judge Lina Hidalgo - whose role is equivalent to an executive position (not a judicial position) - overruled the Republican governor's pro-choice mask decree and says students in Harris County schools - including Houston - have to wear a mask

These are the latest seven-day average for Harris County, Texas, according to the CDC

These are the latest seven-day average for Harris County, Texas, according to the CDC

A judge issued a temporary restraining order to prevent enforcement of Abbott's executive order. 

Abbott was defiant in a statement defending his executive order.  

'The path forward relies on personal responsibility - not government mandates,' Abbott said. 'The State of Texas will continue to vigorously fight the temporary restraining order to protect the rights and freedoms of all Texans.'  

The conflicting orders will likely have to be sorted out in court, but classes are about to resume. 

Some schools have already told parents that they will follow the governor's executive order. 

One of those school districts is the the Humble Independent School District just outside of Houston in Harris County. In a message to parents, Humble ISD said masks are optional. 

A Crosby school district parent on Twitter said schools officials issued a robocall saying the same thing. 

DailyMail.com left messages for comment with the governor and Judge Hidalgo's offices. 

Abbott's press secretary Renae Eze told The Hill in a statement '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.' 

Texas Gov. Greg Abbott was defiant in a statement defending his executive order that makes masks optional in schools saying, 'The path forward relies on personal responsibility - not government mandates'

Texas Gov. Greg Abbott was defiant in a statement defending his executive order that makes masks optional in schools saying, 'The path forward relies on personal responsibility - not government mandates'

On Tuesday, President Joe Biden said he's looking into whether he's able to intervene in states like Texas, which have been outspoken and defiant against mask mandates. 

'My concerns are deep and – I'm very concerned. And we all know why,' Biden said when asked during a press conference about some red state governors preventing compulsory mask wearing.

Biden said he doesn't believe his office was the power to intervene, but 'we are checking that.' 

The mask debate has been a lighting rod for controversy throughout the country that appears to be split along political lines. 

Democrats tend to agree with the mask mandate; while Republicans believe it should be a choice and have called mandates 'anti-freedom.' 

Texas and Florida - led by Republican governors - have been leading the anti-mask charge. 

On Monday, Florida Gov. Ron DeSantis even threatened to withhold salaries from school superintendents or board members who ignore his executive order banning compulsory face masks for students. 

Meanwhile leaders in Democrat-led states and cities have moved swiftly to impose COVID-19 mask and vaccine requirements in the face of the Delta variant, including California, Illinois, Kentucky and New Jersey.  

While Texas is a overwhelmingly a red state, it is facing a spike in COVID-19 numbers not seen since the start of the year. 

The rolling two-week daily average of new cases increasing by 165 percent to 8,533 cases, according to Johns Hopkins University research data. 

And the state currently ranks second behind Florida for the highest daily average COVID-19 cases.  

Earlier this week, Abbott made an urgent appeal for medical staff to come and assist with surging COVID cases - even as he resists actively fights against the  mask mandate.

Greg Abbott, the Republican leader of the state, made his cry for help as the rolling two-week daily average of new COVID-19 cases in his state has increased by 165 per cent to 8,533, according to Johns Hopkins University research data. 

On Monday, the Texas governor spoke as two hospitals in his state closed their ER rooms, elective procedures were cancelled, and the capital, Austin, sent out an emergency warning to residents telling them to stay home, mask up and get vaccinated.

'The situation is critical,' said Desmar Walkes, Austin-Travis county's medical director.

'Our hospitals are severely stressed and there is little we can do to alleviate their burden with the surging cases.'

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