Megan Navarro
SAN MARCOS — The Hays County Commissioners Court discussed the possibility of creating a new division within the Development Services Department, following ongoing conversations surrounding water usage and availability, at its Tuesday, April 14, meeting.
The item, brought forward by Hays County Judge Ruben Becerra, would direct county staff to include funding in the proposed FY 2027 budget for a “High-Intensity Development Review Division” within the department, as well as develop job descriptions, salary data and proposed divisional structure, as needed.
Becerra shared that his intention for the item is to bring no additional cost to the county, but increase the duties of a current employee within the Development Services Department to include further oversight, such as that of water availability, and evaluation of proposed developments.
“We are only setting up the mechanism to process what we know is coming … We have large industrial users coming. We have a myriad of conversations taking place not only through our county and neighboring counties, but even at the capitol, there are hearings taking place,” he shared.
The court passed a resolution last year that the water availability studies would be going to the groundwater conservation district for hydrologist review for approval and then, sent back to the county. However, according to commissioner Morgan Hammer, that has not been done “to my necessary belief as frequently as maybe we should,” but this division could address that, along with other checkpoints.
She also echoed Becerra’s sentiments that this would not create a new position, but it can exist within the current department.
Commissioner Debbie Ingalsbe shared that she likes the idea of speaking with Development Services to see what would be best moving forward, as well as cited the countywide water study and rewrite of the subdivision rules and regulations as items the court can also focus on.
Some members of the public expressed their dissatisfaction with the possibility of this new division, including Kenneth Rocha, who sent in an email that laid out the taxpayers’ concerns.
“Is this new division actually about protecting our water, land and electrical resources or is it about expanding government control through administrative circumvention? If this initiative is just about data, then why can’t existing Development Services engineers/staff handle the data gathering?” Rocha questioned.
His comment continued to “recall in the fiscal year 2026 budget review that you already added 53 new [full-time employees] at a cost of $4.3 million and we are already using $7.6 million in one time reserves just to keep the general fund afloat. Since this new division is designed to review projects that may never reach the permitting stage, if rejected, we're essentially voting to add permanent high salary positions to [a maintenance and operations] budget that's already 63% payroll. Adding permanent review [full-time equivalent positions] now effectively creates a permanent structural deficit that must be fulfilled by property tax increases.”
Alongside those of residents, some commissioners also raised concerns about creating the High-Intensity Development Review Division.
The county currently being without a Development Services director and unclear information about the financial impact were two concerns brought forward by commissioner Michelle Cohen.
“My hope is that individual would come in and be able to assess and see what we can do to help address these issues with the staff that we have internally. I do think the initiative does need to be led within that office. I always kind of thought we needed somebody focused on the water issues like you're talking about, Judge Becerra, and so, someone just keeping their eye on the ball,” she said. “But, as of right now, just for me, I need to know more about the fiscal impact and how the Development Services can better address the issue and what we're maybe not doing in that department in regards to water.”
Commissioner Walt Smith explained that the court only has authority that is specifically given by the state and under those regulations, there is not a clear definition of what would be considered a high-intensity development.
“We are mandated by the state to treat every development in a similar fashion, whether it’s a mom and pop who wants to put … an auto shop in their garage or a data center. We have to look at all of them the exact same way,” Smith said.
He also noted, echoing Cohen’s comments, that the better course of action would be to allow the department staff to structure and outline the necessary positions as they see fit.
“At a base level, to establish a division to give additional scrutiny to certain projects, I don't think we have the legal authority to do it. I'm 99.99% sure we don't and I think it would just be opening ourselves up for liability,” Smith continued. “Now, giving staff direction at this point without taking action to say, ‘Please review this and once we hire a director and you do your budget submission, keep this in mind,’ I think that's a better course of action.”
After further discussion, commissioners ultimately directed staff to work with the department to make recommendations on the effort.
To listen to the full meeting, visit www.hayscountytx.gov/commissioners-court-live-stream.
