April 7, 2020 Hood County Special Called Commissioners' Court

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Hood County Commissioners' Court held a special session on April 7, 2020, to address administrative matters and COVID-19 response issues. The court received a $50,000 donation from Lumina Energy, reviewed current case statistics and retail safety protocols, and discussed the application of Governor Abbott's executive orders restricting gym operations and nonessential businesses, with county legal counsel confirming the County could not authorize gym operations despite local pressure. Public comments raised constitutional concerns about business closures and economic hardship resulting from pandemic restrictions. The court voted to extend the county's disaster declaration in compliance with the governor's orders.

• Call to order and certificate correctionThe meeting was called to order and the first agenda item addressed a clerical error in a health authority appointment certificate.
• Lumina Energy donation and community partnership recognitionThree representatives from Lumina Energy presented Hood County with a $50,000 donation and received recognition for their community partnership and emergency response coordination.
• COVID-19 status updateEmergency management coordinator provided case statistics and recovery updates on Hood County's COVID-19 situation as of the meeting date.
• Retail business safety measuresEmergency coordinator described COVID-19 safety protocols implemented by major retailers in compliance with governor's guidelines.
• Governor's orders on gyms and nonessential businessesEmergency coordinator read verbatim from Governor Abbott's GA-14 executive order regarding restrictions on gyms and other establishments.
• County authority and CDC complianceCounty Judge and emergency coordinator addressed whether Hood County could authorize gym operations despite governor's orders.
• County Attorney legal opinion on gym closuresCounty Attorney confirmed that Governor's order prohibits gym operations and Hood County cannot authorize them regardless of local preference.
• Citizen speaker on constitutional rights and pandemic responseA citizen challenged the County Court on Constitutional grounds, arguing business closures violated First, Ninth, and Fourteenth Amendment rights and praising County Attorney Mills for questioning executive authority.
• County Judge response on constitutional balancing and emergency authorityCounty Judge addressed the citizen's constitutional concerns, asserting the Court's primary duty is protection of public health and safety during emergencies.
• Citizen speaker on job loss and family hardshipA gym employee described losing her household income and facing potential homelessness due to gym closure.
• Commissioner response to economic hardship testimonyA Commissioner acknowledged the hardship while reaffirming the Court's duty to protect lives and the constraint of following governor and president orders.
• Compromise proposal for outdoor gym exerciseA Commissioner proposed allowing gym trainers to conduct classes outdoors in parking lots with social distancing, citing similar practices observed in other towns.
• Commissioner dissent on interpretation of ordersA Commissioner objected to modifying or reinterpreting the governor's orders at the podium.
• Commissioner support for County Attorney's legal challengeA Commissioner commended County Attorney Mills for questioning the legality of executive orders.
• Legal authority and emergency ordersCounty officials discussed the legal basis for COVID-19 emergency orders, with emphasis on following the governor's directive and awaiting Attorney General clarification.
• Questions about scope and compliance with restrictionsA commissioner raised concerns about the inconsistent enforcement and compliance with emergency orders among businesses and the public.
• Constitutional framework and voter accountabilityCounty attorney addressed the rule of law and the public's ultimate recourse through the ballot box.
• Motion to extend disaster declarationThe court approved an extension of the disaster declaration for Hood County, incorporating the governor's orders.