Brittany Kelley
AUSTIN — The nearly $440 million road bond presented by Hays County on the November 2024 election ballot has been deemed in violation of the Texas Open Meetings Act (TOMA) and has thus been voided by Travis County Judge Catherine Mauzy as of June 23, with the final judgement signed on June 26.
The bond, titled Proposition A on the ballot, was a proposed $439,634,000 aiming to bring 35 projects over the course of 30 years to the county, including 11 in Precinct 1, eight in Precinct 2, six in Precinct 3 and 10 in Precinct 4.
As previously reported by the Hays Free Press/ News-Dispatch, petitioners Les Carnes, Cathy Ramsey, Jim Camp and Gabrielle Moore initially alleged that community members were “deprived of both the required public notice that a bond proposal was being considered and the right to participate in determining what should be included or excluded, what the total price should be and what it will mean for our taxes,” said Carnes.
According to the order on the counter-plaintiffs' motion for summary judgment, “the court finds that the meeting notice for agenda K.2 of the Hays County Commissioners Court meeting of August 13, 2024 violates the Texas Open Meetings Act public notice requirement … THEREFORE [the Travis County 126th District Court] reverses and declares void the action taken by Counter-Defendant Hays County Commissioners Court …. ordering the road-bond election on November 5, 2024” since it was “never lawfully ordered.”
In addition to the initial filing, Attorney General Ken Paxton noted that declarations made by the Hays County Commissioners Court are “defective because it does not have authority to unilaterally construct roads outside of its boundaries and has not secured the cooperation of the parties necessary for such projects,” in reference to portions of the road bond which fall within Travis County territories.
This also includes the county's statement that Travis County and the Texas Department of Transportation were “potential partners,” despite Travis County notifying the Hays County Commissioners Court that it was opposed to the project.
“The case serves as a warning to governments to comply with TOMA because the consequences of a violation are serious and will not go unchallenged,” said Bill Aleshire, lead attorney. “The lesson for the Hays County Judge [Ruben Becerra] and commissioners is that they need an attitude adjustment about transparency and compliance with [the] Texas Open Meetings Act.”
A news release from Becerra stated that the court must now make several decisions, including whether or not to appeal the ruling: “I am not inclined to appeal and spend another hundred thousand dollars only to find us at the exact same point we are now. However, I will reserve judgement until we receive all of the facts,” said Becerra. “While I respect the ruling issues, I’m very disappointed in the lack of transparency and public input we had on this bond issue. Unfortunately, every chance I had to bring up transparency and input was shut down by the special interests on our court.”
Another commissioner, Walt Smith, took to Facebook to note that the Travis County judge and “a special interest group from Austin” took away the voices of those who voted, urging those to remember this moment when there are schools without appropriate roads, traffic is backed up and another life is taken on the current dangerous roads. “Disappointed beyond belief,” Smith concluded.
Commissioners Debbie Ingalsbe and Michelle Cohen echoed similar sentiments, sharing their disappointment.
“I assure you that the safety of our citizens remains of utmost importance and I will continue to commit myself to finding paths forward to provide the much-needed road safety improvements this County so desperately needs,” said Cohen.
Becerra concluded by stating that his current focus is to find resources to address the most important segments of infrastructure to bring relief to residents.
