March 9, 2021 Hood County Commissioners' Court

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Hood County Commissioners' Court met on March 9, 2021, to address citizen concerns regarding CARES Act spending and the local disaster proclamation, approve multiple property replats and development projects, and authorize significant capital expenditures including IT infrastructure replacement and fire truck refurbishment. The court also appointed a new Chief Deputy Constable, approved community events and awareness initiatives, and conducted extensive educational presentations on commissioners' contracting authority and elections administrator duties under Texas law, with particular focus on ballot numbering procedures and election integrity following the 2020 election. Additionally, the commissioners approved various administrative matters including firearm possession policies, COVID-19 signage removal, and facility maintenance while declining to authorize compensatory time for emergency response work.

• Call to order and opening invocationThe meeting was called to order at 9:00 a.m. on Tuesday, March 9, 2021, in the Century Jury Room of the Hood County Justice Center with an invocation in Spanish and English.
• Citizens comments at large procedureThe court explained the new citizens comments at large format, limited to 30 minutes total with commissioners unable to respond to speakers.
• Citizens comment: CARES Act spending and auditing concernsA citizen raised concerns about CARES Act spending practices and requested an independent audit of county expenses.
• Citizens comment: Local state of disaster proclamationA citizen called for ending Hood County's local state of disaster related to COVID-19, citing Collin County's recent decision to dissolve theirs.
• Consent agenda approvalThe court approved the consent agenda with one item pulled for discussion.
• Commendation for Road Operations during ice stormThe judge commended Road Operations and Director Donald Lenny for response efforts during the recent ice storm.
• Development: Hunter Wood replat public hearing scheduledDevelopment staff presented a replat of Hunter Wood Lot 4R, Block 1 in Precinct 2 and set a public hearing.
• Orchards 12-B replat public hearing and approvalA replat of three lots within Orchards subdivision was approved to adjust common lines and create adjusted lot sizes.
• 144 Place replat public hearing and approvalA replat of 144 Place was approved to adjust common line and correct a building encroachment.
• Orchards on the Brazos replat public hearing and approvalA replat of Orchards on the Brazos divided a single lot back into three individual lots.
• Vista Oaks Phase 1 final plat public hearing and approvalA final plat for Vista Oaks Phase 1 creating 11 single-family lots was approved.
• Financial report and invoice approvalFinancial Officer presented invoices over $10,000 and invoice payment totaling $426,140.33.
• Sheriff commissary and bail bonds financial review acceptanceThe court accepted the 2021 financial review of sheriff's commissary, inmate, and bail bonds records with one minor issue resolved.
• Appointment of Scott London as Chief Deputy Constable, Precinct 4Constable Jordan presented Scott London for appointment as Chief Deputy Constable, Precinct 4, following Kevin Clark's departure.
• Blue lights and ribbons for child abuse awareness monthThe court approved placement of blue lights and ribbons by Mission Granberry, CASA, and Paluxy River Children's Advocacy Center around the courthouse during April for child abuse awareness.
• Granberry Wine Walk vendor parking approvalThe court approved vendor parking arrangements around the courthouse for the Granberry Wine Walk on April 23–25.
• Granberry Baton Change event extensionThe Granberry Baton Change event is being extended from two days to three days to manage attendance capacity.
• IT department computer and server equipment purchaseThe IT department requests $216,000 in computer and server equipment from Fund 55 to replace aging infrastructure county-wide.
• Engine 26 fire truck refurbishment contractFire Chief Jeff Young seeks court approval for Engine 26 refurbishment at up to $325,000, previously approved in October budget hearings.
• IT emergency contact numbers for department headsIT department and Elections director establish direct emergency contact numbers for department heads and elected officials to enable rapid website updates during crises.
• MUD sewer project grant agreementCommissioners authorize the county judge to execute a Texas Department of Agriculture Community Development Fund grant agreement for a Port Ridge East MUD sewer expansion serving 40 new connections.
• Audit department office space reassignmentPurchasing department offers unused storage space to Audit department for expanded office capacity; Maintenance Director Jay Reilly will execute minimal modifications within his own budget.
• Polypropylene piping drainage culvert contract awardCommissioners approve award of RFB 2021-005 for polypropylene piping drainage culvert rehabilitation to Advance Drainage Systems, the sole qualified bidder.
• County commissioners' contracting authority under Texas lawCommissioner Eagle presents educational briefing on commissioners' court exclusive authority to authorize contracts under Texas Constitution Article 5 and Local Government Code §81.001.
• Purchasing agent authority for purchase orders and budget itemsCommissioners clarify that purchasing agent retains authority to sign purchase orders and routine budget items pre-approved through budget process and co-op purchasing arrangements.
• Elections administrator powers and duties overviewCommissioner Eagle begins educational presentation on Texas Election Code §31.001 and elections administrator authority, setting stage for clarifying role separation between administrator and commissioners' court.
• Elections administrator position: statutory creation and authorityThe county may create an elections administrator position by written order under Texas Election Code §31.031, transferring certain duties from the county clerk and tax assessor-collector.
• Division of powers and duties between county clerk and elections administratorElections administrator duties come from Texas Election Code §31.043, which divides powers and duties originally held by the county clerk and tax assessor-collector.
• Elections administrator compared to other unelected bodiesThe creation of an elections administrator parallels the transfer of elected officials' powers to unelected boards, such as groundwater conservation districts and emergency services districts.
• Elections integrity as a policy concernOne commissioner raised elections integrity as a key issue requiring board review of significant elections equipment contracts.
• Disagreement over agenda item specificityOne commissioner objected that the discussion did not address the specific agenda item concerning the duties of the elections administrator under Texas Code §31.001.
• Secretary of State legal director testimony on elections administrationA legal director from the Secretary of State's elections division provided advice and clarification on the duties and independence of county elections administrators.
• Elections administrator independence and departmental structureWhen counties create an elections administrator position, the office becomes independent from the county clerk and tax assessor-collector but operates like any other county department.
• Secretary of State oversight and county reporting structureThe Secretary of State maintains a cooperative, decentralized relationship with counties rather than individually reviewing each county elections office.
• Hood County 2020 election inspection and performance ratingThe Secretary of State's inspector found no major issues during the November 2020 election in Hood County and gave a 100 percent performance rating.
• Elections administrator performance during 2020 election with volunteer supportThe elections administrator, hired just six weeks before early voting, coordinated with volunteers and other county departments to handle record early voting volume.
• Voting equipment purchase and Hart certificationHood County purchased Hart voting equipment that includes ballot numbering functionality certified by the Secretary of State.
• Ballot numbering as a duty of elections administratorTexas Election Code §31.043(2) assigns the elections administrator the duty to perform functions placed on the county clerk, including ballot numbering duties under §52.062.
• Secretary of State authority regarding electronic voting systemsThe Secretary of State does not suspend or waive state election laws; instead, it prescribes ballot form and content for certain voting systems under §52.075.
• Electronic voting systems and ballot numbering complianceThe Secretary of State worked with Hart to develop a software-based method for ballot numbering that meets state law requirements and costs less than pre-numbered sequential ballots.
• Cost considerations for ballot numbering methodsPre-numbered sequential ballot requirements could cost small counties approximately $1,000 for ballot overage, but decisions depend on county budgets and party preferences.
• Party responsibility for primary ballotingPolitical parties are responsible for all election-day procedures in primaries, while counties run early voting and lease equipment to parties.
• State reimbursement rules for election contractingState rules place limits on which costs the state will reimburse for elections contracting between counties and parties.
• Elections administrator authority over ballot preparation proceduresThe elections administrator or county clerk responsible for preparing the ballot has the authority to decide which ballot numbering methods to use.
• Secretary of State communications with elections administratorThe elections administrator contacted the Secretary of State's office to request the legal director's presence at this meeting.
• Public comment on elections administrator conduct and commissioner oversightA citizen expressed concern that the commissioner is attempting to drive away the elections administrator through harassment and imposing his particular interpretation of law.
• Public comment on election security and ballot numberingCitizens and election officials addressed concerns about election integrity, ballot numbering methods, and confidence in Hood County's election processes.
• Provisional ballot reconciliation concernsA precinct judge raised questions about six precincts showing one extra vote each on election night reporting and discrepancies in how provisional ballots were handled.
• Election integrity and fairness affirmationCounty officials and observers affirmed the fairness of Hood County's November 2020 election and discussed future procedures and public participation.
• Firearm possession policy for county employeesThe commissioners approved an amendment to the employee handbook to align firearm possession policies with Texas Penal Code sections 46.03 and 46.035.
• COVID-19 signage removalThe commissioners voted to remove COVID-19 related signage from public areas on county property, excluding courthouses and courtrooms under Supreme Court authority.
• Animal control facility water heater and softener replacementThe commissioners approved funding for replacement of a water heater and water softener at animal control due to a leak.
• Animal Control water heater and softener replacementAnimal Control's 125-gallon electric water heater requires replacement due to calcium buildup and leaking, with a water softener proposed to address the root cause.
• Texas Association of Counties workers compensation refundHood County received $4,186 in workers compensation refund from the Texas Association of Counties to be deposited in capital projects fund.
• Road Operations compensation for emergency closure workCommissioners declined to approve compensatory time for Road Operations employees who worked during ice storm closure, finding insufficient policy basis and equity concerns across departments.