Following a June 23 summary judgment order from a Travis County judge voiding a $440 million Hays County road bond passed in November 2024, county officials have begun responding to the decision. Judge Ruben Becerra said in a news release that the court will not decide on an appeal until after the final judgment is rendered.
How we got here
The bond election was ruled void after an October 2024 lawsuit filed by four Hays County property owners cited multiple violations of the Texas Open Meetings Act, or TOMA.
The lawsuit argued that the Aug. 13 commissioners court agenda included vague language and failed to properly disclose key details about the bond’s purpose, total amount and proposed property tax rate increase, according to previous Community Impact reporting.
After being called in August, Proposition A passed with more than 55% of the vote in the November 2024 election, according to previous Community Impact reporting. It would have funded the construction, design and right-of-way acquisition for more than 30 transportation projects across the county.
The summary judgment order found that the Aug. 13 agenda item violated TOMA, reversing and declaring void the court’s action to call the bond election. Because the special election was never lawfully ordered, the court ruled Hays County can no longer take any action related to the bond.
In their own words
In a video posted to Facebook following the June 24 Hays County Commissioners Court meeting, Becerra said the court would be urgently reevaluating and “triaging” the projects precinct-by-precinct, starting with those most directly tied to public health and safety.
Becerra wrote in a separate news release that he is not inclined to appeal and spend “another hundred thousand dollars only to find the court at the exact same point we are now.”
“For now, my immediate concern is to find the resources necessary to address the most dire segments of our infrastructure and bring relief to so many of our residents who had faith in our ability to fund these vital road projects and improve our community,” Becerra said in the news release.
In the Facebook post, Becerra wrote that a few of the bond projects had sparked controversy—none more than the SH 45 extension over the Edwards Aquifer and into Austin. He wrote that despite another commissioner’s statement in court that Austin and Travis County supported the project, both entities had publicly opposed it, which helped trigger lawsuits.
Becerra also said his office had suggested creating public committees to engage the community—similar to the Parks and Open Space Advisory Commission, or POSAC—but the majority of the court declined.
