COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Debra Roberts as Attorney in Fact for James A. Roberts v. The City of Texas City, Texas Appellate case number: 01-21-00064-CV Trial court case number: 20-CV-1013 Trial court: 122nd District Court of Harris County Date motion filed: December 27, 2021 Party filing motion: Appellant

The en banc court has unanimously voted to deny appellant’s motion for en banc reconsideration. It is ordered that the motion is denied.

Judge’s signature: _____/s/ Julie Countiss_______ Acting for the En Banc Court* *En banc court consists of Chief Justice Radack and Justices Kelly, Goodman, Landau, Hightower, Countiss, Rivas-Molloy, Guerra, and Farris.

Date: ____January 13, 2022_____