Texas AG Sues Travis County for Alleged Open Meetings Act Violation

Texas Attorney General Ken Paxton is suing the Travis County commissioners court, alleging that the board violated the Texas Open Meetings Act when it secretly approved $115,000 in funding to help District Attorney Jose Garza secure his home. The allotment came to light when the American-Statesman began reporting on the issue in August.

The suit, filed last week by Paxton along with Travis County residents Doug Keenan and Cleo Petricek, claims that the commissioners acted on a broad and vague agenda item that was legally insufficient to inform taxpayers. "Given the unique nature of the action to be considered and the special interest the public would have in the matter, the posted agenda failed to give adequate notice to the public," the suit said.

Legal experts note that this case stands out, as Paxton has not previously used his office to enforce potential Texas Open Meetings Act violations. The suit also comes amidst Paxton filing numerous lawsuits against local governments in progressive communities.

In a news release, Paxton stated, "After the Travis County DA’s pro-crime policies have created such dangerous conditions for Austin residents, it is especially ironic that he secretly sought taxpayer-funded security measures for his home." County commissioners released a joint statement pledging to continue protecting elected officials despite "deliberate attacks by state leadership."

Five government transparency experts spoke to the American-Statesman about the suit's potential merit:

• Daxton “Chip” Stewart, attorney and professor at Texas Christian University: "It’s hard for a transparency advocate like me...not to get a little excited...It is good for citizens in a democracy when public bodies are required to do their business in public."

• Thomas Leatherbury, director of the First Amendment Clinic at SMU Dedman School of Law: "The Attorney General has devoted the resources to challenge an alleged back-room decision about spending significant public funds...His increased enforcement efforts could benefit ordinary Texans."

• Jim Hemphill, Austin-based First Amendment attorney: "Hopefully the Attorney General’s Office will take an active role going forward in monitoring potential Open Meetings Act violations and enforcing the Act’s requirements when appropriate."

• Paul Watler, Dallas attorney specializing in open meetings cases: "The (attorney general’s office) makes a persuasive case that expenditure of more than $100,000 of public funds...is of special concern to the public."

• John Bussian, Texas media lawyer: "The Attorney General’s position in the suit against the county is well-founded...The suit against Travis County is the reason why the Odessa American was able to secure a consent judgment from the city of Odessa in 2017."

The lawsuit highlights ongoing tensions between state leadership and local governments, with Paxton's enforcement of the Texas Open Meetings Act being a central focus.