By Bill Aleshire
Attorney
On June 23, Judge Catherine Mauzy signed our summary judgment order (Les Carnes, Jim Camp, Cathy Ramsey, and Gabrielle Moore v. Hays County Judge & Commissioners, Cause No. D-1-GN-25-002049, 126th District Court, Travis County, Texas) granting our clients’ election contest and killed the $439 million Hays County Road Bonds due to Open Meetings violations for inadequate meeting notice and unreasonable restriction on time for public testimony on a bond package election. The bond package would have doubled the county’s (and taxpayers’) outstanding indebtedness.
It’s a huge win for enforcement of the Texas Open Meetings Act. This case is the first time a TOMA violation was the basis for a successful election contest and comes on the heals of our victory before Judge Maya Guerra Gamble last August enjoining the City of Austin from even putting Mayor Kirk Watson’s charter amendments on the November ballot because it violated TOMA’s meeting notice and public testimony requirements – the same provisions applicable to Hays County.
The lesson for the Hays County judge and commissioners is that they need an attitude adjustment about transparency and compliance with Texas Open Meetings Act. This decision is also another warning to attorneys representing governmental bodies to stop being careless and complicit with their clients violating the Open Meetings Act. There are serious consequences to violating TOMA, and they won’t get away with it unchallenged.
We suggest the Hays County Commissioners Court wait until November 2026 for another bond election, keep SH 45 completely out of it, and work closer with those affected by the road projects before seeking another bond election that will double the county’s (and property taxpayers’) outstanding bond debt.