AUSTIN - A petition for writ of mandamus alleging Gov. Greg Abbott and Attorney General Ken Paxton violated the Public Information Act was dismissed by the Texas Supreme Court on Friday.
American Oversight’s lawsuit sought email communications with gun industry lobbyists in the aftermath of the mass shooting at Robb Elementary School in Uvalde, as well as emails sent by Paxton around the Jan. 6, 2021, storming of the U.S. Capitol.
Two of AO’s requests sought Abbott and Paxton’s communications with the National Rifle Association and other pro-gun advocacy groups during the week following the shooting.
A district court denied a plea the jurisdiction seeking to dismiss the suit and the ruling was affirmed on appeal.
The Supreme Court, however, found that relevant statutes and constitutional provisions do not empower district courts to issue writs of mandamus against constitutional executive officers, like the governor and attorney general.
AO had argued that if the state prevailed, then constitutional executive officers and their state agencies would be able to violate the PIA with impunity.
“That is not so,” the high court’s opinion states. “If the governmental body is a state agency, the complaint may be filed with the Travis County district attorney, who then has thirty days to decide whether a violation of the PIA was committed and to decide whether to initiate an action for declaratory or injunctive relief.”
Case No. 24-0162
