Legal questions stall Hays County moratorium on water-heavy projects

“I don't believe this is something that the county will be able to legally do going forward,” said Chase Young, Hays County assistant criminal district attorney, during the meeting. “I think we would be exposing ourselves to significant legal liability.”

Counties in the state do not have the legal authority to issue development moratoriums, according to a letter sent to Attorney General Ken Paxton by state Sen. Paul Bettencourt, a Houston Republican and chair of the Senate Committee on Local Government. Bettencourt cited House Bill 2559, a 2025 law regulating when cities and other municipalities can issue moratoriums, noting in the letter that the Texas Constitution does not give counties the ability to "directly or indirectly impose development moratoria in the first place."

The county’s lack of legal authority to impose the moratorium was confirmed by Jim Allison, general counsel of the County Judges and Commissioners Association of Texas, commissioner Debbie Ingalsbe said during the meeting.

Zooming in

Hays County and the surrounding region continue to face long-standing water challenges, including a severe multiyear drought, according to previous Community Impact reporting.

In response to Abbott’s renewed drought disaster proclamation, Becerra called for all water supply corporations, municipal providers and groundwater districts to issue Stage 4 water restrictions Feb. 4. He did so in his official capacity as the county’s emergency management director.

“That is exactly what would put the brakes where the authority 100% squarely lies today,” he said during the meeting. “I gave them the support. I gave them the cover. I gave them the green light to stop this in its tracks.”

The commissioners approved a contract with HDR Engineers Inc. on Jan. 20 to conduct a water study that will help guide them as they work to promote growth while maintaining water resources, according to previous Community Impact reporting. The study will not exceed a cost of $542,360.

“I will not back down,” Becerra said during the meeting. “I will push for additional awareness. I will push for another way to do this. I will push, and I will not slow down, and I will not back off.”