Texas Gov. Greg Abbott is expected to make an announcement soon allowing some businesses to reopen. Texans are anticipating that hair and nail salons, spas and pet groomers, movie theaters and churches, which have been closed since Abbott gave the statewide shutdown order March 31 to slow the spread of the coronavirus, could reopen as early as next week.

Despite the encouraging news, there has been some static due to sometimes-conflicting orders coming from policymakers ranging all the way from Abbott and county judges to mayors. As a result, Texans are asking: Who has the authority to enforce the rules, and which ones should people follow?

Texas Lawyer had the chance to speak recently with David Coale, a Dallas attorney and an expert on government-power issues, about who has the authority to decide when Texas businesses reopen.

Who has the authority to reopen Texas businesses?

David Coale: According to the Texas law, the governor has the authority to declare when the state can reopen. Since this outbreak is a public health issue, our Government Code gives the governor ultimate authority over the county judges and the mayors. If the effective date of the governor's order ends, however, leaving no inconsistency between his order and those of a county and city, then any orders given by a county judge or a mayor will be in effect.

What is the hierarchy of government power when it comes to a health emergency like the one we are experiencing now with COVID-19?

Texas law gives the governor the ultimate authority over a county judge or a mayor. Under the Constitution, the federal government is "supreme" over state government, but the Constitution gives the federal government only limited power over a public health emergency compared to that of the states. In practice, the federal government can provide guidelines that the states can follow, but it is up to the governors to make decisions for their states.

Again, if a governor's order ends and a county judge or a mayor wants to supplement it with their own order going forward, then, according to the law, those citizens are asked to abide by the orders of a county judge or mayor. But if a county or local order conflicts with the governor's order, then the governor's authority supersedes a county judge or a mayor's order.

Where will the trouble spots be when Gov. Abbott gives the order?

The order does not require a business to take an action such as reopening if the owner does not believe that step is in the best interest of the business, its employees or customers. Social distancing and other restrictions remain in place, so I would only envision a problem if a business opens but fails to abide by the governor's order. There may also be problems about the definition of certain categories of business[es] and business activities.

When will Gov. Abbott reopen the state's businesses and how will he do it?

I believe the governor plans to make an announcement soon on further expanding the current retail-to-go guidelines for retailers and allow other businesses to reopen under similar guidelines. The timing and details remain to be seen. But he could certainly order that restrictions for certain less populated or less affected counties be reduced while keeping restrictions on urban counties in place.

David Coale is an attorney and expert on government-power issues. He practices at Lynn Pinker Hurst & Schwegmann.