Hall said after the city was approached by three EDC board members in October 2017 about alleged improper use of funds, the Texas Attorney General's Special Investigations unit began looking into the matter in January 2018. Hall confirmed it was not until Dec. 19, 2019, that he found out the state's case was technically still open.
Hall said during the state's investigation into the alleged crime, prosecutors were changed midway through the process, and the attorney general's investigator declined to prosecute.
"Open and inactive" cases, Assistant City Manager Byron Frankland confirmed, are cases where there is no evidence that would lead to the continuation of the investigation at present, but the state is permitted to receive subpoenas back and pursuing the case again should anything change.
“There’s no set guideline for them to actually take the case presented to them and prosecute," Frankland said.
The two alleged felonies, Hall said, were tampering with investigative documents and bribery.
Due to the length of time that has passed, the statute of limitations on the city's portion of the investigation had expired, Hall said. Hall also added, in response to a question from Council Member Scott Rose, that the investigation did not cost the city any additional money and that it was done utilizing "normal man hours."
Hall confirmed that the city's portion of the investigation is public record but added that the city has no jurisdiction over the state's records. Council Member Mike Snyder requested that the city compile a news release summarizing the city police's investigation and findings to be posted on the city's website; Public Information Officer Stacy Schmitt confirmed she would do so.
