Commissioner's Court February 10, 2026

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The Commissioner's Court held an extended meeting on February 10, 2026, featuring extensive public comment on proposed data center and industrial development projects in Hood County, with 22 citizens during the initial comment period and additional speakers during a subsequent public hearing expressing concerns about environmental impacts, water availability, health risks, and quality of life. The court approved several routine items including courthouse facility use, grant applications, financial reports, and employee policy revisions, as well as a sanctuary ordinance on abortion; however, key decisions on data center regulation remained contentious, with commissioners voting to modify conditional approval terms for Comanche Circle Development but failing to adopt proposed moratorium amendments. The meeting also included presentation of forensic audit findings regarding unauthorized fund management at the Hood County Appraisal District totaling approximately $3.3 million in excess fund allocations. Throughout the proceedings, commissioners debated legal authority under state law regarding development regulations and moratoria, with significant disagreement over regulatory powers and appropriate oversight of proposed industrial facilities.

• Court Decorum and Opening RemarksThe judge reminded attendees of court rules and established procedures for the meeting.
• Pledges of AllegianceStandard U.S. and Texas pledges were recited.
• Citizen Comments at Large—Procedural SetupThe court announced 22 speakers would address the commission with five minutes each.
• Data Centers and Environmental Impacts (Brian Glenn)Brian Glenn urged the court to require complete conditional responses addressing environmental impacts of three data centers recently given conditional approval.
• Selfish Concept Plan Deficiencies (Kirk Tesksy, Protect the Puxy Organization)Kirk Tesksy, board member of Protect the Puxy organization, argued the Selfish concept plan should be formally withdrawn due to five critical deficiencies.
• Family Legacy and Water Resources (Diana Wright, Coleman Family)Diana Wright represented five generations of the Coleman family residing on 2,000 acres since the 1940s and opposed Comanche Circle and similar projects.
• Satirical Commentary (Scott Clayton)Scott Clayton delivered satirical remarks about the judge and commissioners.
• Peluxy Valley Family History (Sarah Galvan, Juan Family)Sarah Galvan spoke for the Juan family, residents of the Peluxy Valley since the 1850s, expressing deep concern about Comanche Circle.
• Health Professional Perspective and Noise Impacts (Cheryl Shaden)Cheryl Shaden, holding master's degree in health science and certification as registered nurse anesthetist, raised health and quality-of-life concerns regarding existing and proposed industrial facilities.
• Family Impact and Developer Conduct (Joanne Carano)Joanne Carano described how Comanche Circle consumed her life and criticized developer Ryan Hughes's social media conduct rather than substantive project work.
• Moratorum and Conditional Approval Standards (Brian Crawford)Brian Crawford, residing in Glen Rose, advocated for a moratorium and reversal of conditional approval, citing inadequate developer information and non-compliance with rural district purpose.
• Air Permits and Tax Abatement Precedent (Cindy Highmith)Cindy Highmith discussed air permit issuance by TCEQ, hood County air monitoring equipment downtime, and problematic tax abatement history with solar projects.
• Developer Financial Viability and False Claims (Rita Beving, Public Citizen)Rita Beving, working with Public Citizen nonprofit, urged the court to request proof of financial viability and surety bond for Sailfish due to false claims about other projects.
• Mania for Data Centers and Lack of Experience (John Highmith)John Highmith characterized Hood County as unprepared for an influx of data center projects from developers with no prior facility-building experience.
• Pacificico and Sailfish project concernsSpeakers raised concerns about the Pacificico and Sailfish data center projects, citing inexperienced developers, unfavorable locations, and inadequate regulatory oversight.
• Chris Paulson's utility industry perspectiveA utility industry professional with 38 years of experience expressed horror at the size and scope of proposed power plants and questioned approval of projects without complete plans.
• Dr. Shannon Watts on health impactsA board-certified pediatrician who has served Hood County for 24 years detailed peer-reviewed research documenting health risks from natural gas power plant emissions.
• Greg Herrell on state Republican resolutionA Republican Party representative reported that the Texas State Republican Executive Committee adopted a data center resolution by 61–0–2 vote, reflecting statewide concerns.
• James Wall on nursing perspective and conservative valuesA registered nurse and cardiac worker argued that data centers are incompatible with conservative values and protective governance.
• Jim Bell on subsection K and water constraintsA speaker discussed inadequate regulatory provisions and physical water limitations preventing multiple data centers.
• Amy Simon on ethical governance standardsA speaker critiqued the suggestion to let projects fail later rather than conducting proper due diligence, arguing such approach violates ethical standards of public office.
• Tim Bolton on environmental concerns and pro-life resolutionA speaker expressed concern about multiple environmental impacts and advocated for a pro-life resolution on the agenda.
• Carolyn Reeves on oath of office and water scarcityA rancher in precinct 202 located between two proposed data center sites emphasized the oath of office and consequences of water loss to ranching.
• Mary Joe Bloomquist on wastewater contaminationA resident near the proposed Forts Monkey site detailed toxic chemical discharges and ecosystem damage from data center cooling systems.
• Beth McNamee on tourism and quality of life impactsA POM Plantation resident described multiple threats to community livability, tourism, and property values from proposed industrial development.
• Public comment on data centers and power plantsCitizens testified against proposed data center and power plant development in Hood County, citing concerns about environmental impact, health, and quality of life.
• Santa House courthouse gazebo use approvalThe court unanimously approved use of the historic courthouse gazebo for Santa House from November 21, 2026 through January 9, 2027.
• Texas Independence Day celebration approvalThe court unanimously approved the second-floor courtroom of the historical courthouse for the 8th annual Texas Independence Day celebration on Saturday, February 28, 2026.
• Jail project invoice payment authorizationThe court authorized payment of jail addition and transportation project invoices not to exceed $1 million from fund 555 until bond fund issuance, at which time bond funds will reimburse fund 555.
• Sheriff's Immigration Law Enforcement Grant applicationThe court unanimously authorized the county judge to apply for Senate Bill 8 Sheriff's Immigration Law Enforcement Grant.
• Rifle resistant body armor grant applicationThe court unanimously authorized the county judge to apply for the rifle resistant body armor grant for fiscal year 2027.
• Active attack response equipment grant applicationThe court unanimously authorized the county judge to apply for active attack response equipment grant (shields) for fiscal year 2027.
• Hood-Somerville County Subregional Planning Commission formationThe court unanimously approved formation of a Hood-Somerville County Subregional Planning Commission under Texas Local Government Code Chapter 391 to address regional development issues including water, traffic, drainage, and industrial growth impacts.
• Hood County United Way emergency food support refundThe court unanimously accepted a refund of $58,662.44 into the emergency management budget from Hood County United Way's unspent portion of the approved $100,000 emergency food support grant.
• Abortion sanctuary ordinance considerationThe court took up an ordinance to outlaw abortion in Hood County and declare it a sanctuary county for the unborn, with enforcement through private civil right of action against the abortion industry.
• Sanctuary Cities for the Unborn initiative and ordinance backgroundMark Lee Dixon presented the Sanctuary Cities for the Unborn initiative, explaining how local ordinances address loopholes in state abortion law by targeting abortionists, facilities, and traffickers rather than women.
• Heartbeat Act provisions and legal precedent for county ordinancesThe Heartbeat Act included a provision allowing all political subdivisions, including counties, to pass abortion-related measures, with successful legal defense in federal court.
• Post-Dobbs abortion facility relocation and trafficking concernsAfter Roe v. Wade was overturned, abortion facilities relocated from Texas to New Mexico, Colorado, and Kansas, with Texas women comprising 85–95% of their clients and organized trafficking networks targeting minors.
• Ordinance scope: trafficking, abortion waste management, and private enforcementThe ordinance addresses trafficking of anyone across state lines for abortion, disposal of fetal remains by Texas waste management companies, and enforcement through private citizen lawsuits rather than law enforcement.
• State law loopholes and other counties' adoptionMedical facilities in Texas must properly treat unborn remains by Christian burial or cremation, but out-of-state abortion facilities and Texas waste management companies are not bound by this requirement; 18 counties have passed similar measures.
• Ruth York support testimony: ordinance structure and enforcement mechanismRuth York, from Cisco, Texas, explained the ordinance protects pregnant women and unborn infants, targets abortionists and trafficking organizations, and operates through private civil lawsuits rather than law enforcement.
• Tina Brown opposition testimony: questions about county legal authorityTina Brown questioned whether the county has legal authority to close loopholes in state law, noting she could only find seven instances of ordinances counties can legally make, none related to unborn children.
• Exchange on legal authority and county ordinance powerCounty officials and Mark Lee Dixon clarified that the Heartbeat Act grants counties authority to pass such ordinances, supported by federal court opinion and Attorney General Paxton's backing.
• Dr. Granite opposition testimony: medical decision concernsDr. Granite, a physician, opposed the ordinance as a law rather than a resolution, arguing medical decisions should remain between physicians and patients, not bound by government regulation.
• County Attorney legal opinion on ordinance enforceabilityThe County Attorney stated the ordinance creates no liability for the county or its officials, does not create a cause of action for county entities, and is supported by government code provisions backed by legislative intent.
• Kim Irwin testimony from Raz's Pregnancy CenterKim Irwin from Raz's Pregnancy Center testified that Texas law exists but has loopholes, with the ordinance addressing those gaps while protecting physicians acting to save both mother and fetus life.
• Motion to adopt Hood County sanctuary ordinanceCommissioner Samson made a motion to adopt the ordinance outlawing abortion in Hood County's unincorporated areas and declaring it a sanctuary county for the unborn, which was seconded by Commissioner Eagle and passed unanimously 5–0.
• Legal services engagement for development regulation modificationsThe commissioners voted to engage Borcas Law Firm for legal services regarding development regulation modifications, with a budget not to exceed $30,000 from contingency and limited communication to specific county officials.
• Regulations development timeline discussionA speaker addressed undefined county development regulations and questioned the timeline for establishing them.
• Comanche Circle Development approval motionThe court voted on conditional approval modifications for Comanche Circle Development.
• Item 10 — Comanche Circle Development executive sessionThe court convened into executive session to discuss Comanche Circle Development conditions of approval pursuant to Government Code 551.071.
• Return from executive session and public commentThe court reconvened from executive session with no action taken and opened public comment on Comanche Circle.
• Matt Long — Vested rights and concept plan analysisSpeaker Matt Long disputed claims that Sailfish has vested rights based on a concept plan, arguing concept plans do not create vesting entitlements under Texas law.
• Laura Bowser Reichenbach — Historical land ownership and data center concernsSpeaker Reichenbach, representing four generations of family land ownership in Hood County, expressed deep concerns about data center impacts on water, pollution, and quality of life.
• Mary Pike — Water table and Colorado snowpack concernsSpeaker Pike, a business owner in Granberry since 1980, raised concerns about declining water availability and regional water shortages affecting the data center proposal.
• Derek Tanner — Tax abatement concerns and property value impactsSpeaker Tanner, who operates a contracting business in Granberry for 16 years, questioned the wisdom of tax abatements and highlighted risks to property values and taxpayers.
• Shannon Wolf — County authority and moratorum applicationSpeaker Wolf argued Hood County has legal authority to stop data centers through zoning and urged the court to apply any moratorum to all pending facilities.
• Chris Paulson — Rules gaps and legal precedent concernsSpeaker Paulson acknowledged commissioners courts statewide lack rules and regulations for data centers and urged the court to be fearless in opposing them despite lawsuit threats.
• Adam Friedman — Moratorum authority and concept plan denial strategyAttorney Friedman argued Hood County has defensible authority to adopt a moratorum under chapter 231 and recommended denying the Sailfish concept plan.
• Chip Joselyn — Drainage, water sources, and land rights concernsSpeaker Joselyn, a neighboring county representative, detailed drainage impacts on water sources and questioned whether land rights should override community protection.
• County Judge statement on legal constraintsThe county judge expressed anguish over the Comanche Circle decision and delivered an extended analysis of county legal authority under Texas law.
• Motion to table Item 10A commissioner moved to table Item 10 until the end of the meeting to discuss the moratorum.
• Legal authority and case precedent for moratorumSpeaker cited Cosby v. County Commissioners of Randall County to establish that commissioners' courts have implied authority to exercise broad discretion in accomplishing intended purposes, including regulatory authority over data centers.
• Public health authority and moratorum rationaleSpeaker argued that commissioners' courts have authority under Texas Health and Safety Code to enforce any law reasonably necessary to protect public health and that the county has not had time to prepare adequate development regulations for high-technology industries.
• Motion to table item 10 and procedural actionA motion was made and seconded to table item 10, which was moved to follow item 15 on the agenda, and the motion passed.
• Executive session convenedThe court convened into executive session pursuant to Government Code 551.071 to discuss 231 subchapter K and pending order for industrial development moratorum.
• Executive session concluded with no actionCourt reconvened from executive session at 3:00 with no action taken; 22 speakers lined up to speak on items 12, 13, and 14 with a 3-minute time limit per speaker.
• Auditor departure and financial agenda reorderingThe auditor needed to leave to pick up children, so the court moved financial matters before public hearing.
• Certification and payment of invoicesThe court considered certification of payment of invoices for January 16–29, 2026, with total expenditures of $2,985,769.68 including payoff of tax note debt.
• Financial reports reviewThe court received and approved financial reports from the audit department for December 1–15, 2025.
• Bank reconciliations approvalThe court approved bank reconciliations reviewed by the audit department for December 1–15, 2025.
• Public hearing opened for data center and moratorum discussionPublic hearing convened at 5 minutes after three for speakers on data centers, moratorum, and related development matters.
• Judy Hatch statement on water availabilityFirst speaker expressed concern that the county does not have adequate water for multiple data centers and called for comprehensive water studies on both freshwater and wastewater.
• Cheryl Shaden statement on environmental and historical site concernsSecond speaker advocated for a 12-month moratorum and raised concerns about water quality testing, Texas Parks and Wildlife studies, historical cemetery protection, air quality monitoring, and property value impacts.
• Shannon Wolf statement on precinct 211 industrializationThird speaker, the precinct chair for 211, described the area as the epicenter for industrialization with a data center, three power plants with a fourth broken ground, the largest storage warehouse in Texas, and two additional planned data centers, all within a 4.5-mile radius, and reported residents are sick with declining property values and lost quality of life.
• Jeffrey Stevens statement on moratorum precedents and property valuesFourth speaker pointed to other jurisdictions' moratoria and noted property value reductions up to 75% due to Bitcoin mining, warning of potential litigation from affected residents.
• Bonnie Roby statement on rare earth minerals and geopolitical strategyFifth speaker analyzed data center proliferation relative to rare earth mineral control, arguing China controls 70% of rare earth minerals and 90% of distribution, making the U.S. dependent and depleting critical resources like silver and copper needed for semiconductor manufacturing.
• Rita Beving statement on failed data center projectsSixth speaker from Public Citizen cited recent bankruptcies and financial failures of major data center projects including Fairmy America, Relis Data Center, and Hillco Real Estate to argue for a moratorum and recommended security bonds and scrutiny of financial viability.
• Sandra Bouash statement on water well quality and aquifer depletionSeventh speaker expressed concerns about water well degradation due to aquifer depletion from large-scale water usage, describing her own well's sulfurous and irony quality, and urged the court to preserve the valley's beauty through a moratorum during which to study water availability, wildlife, traffic, and emergency response impacts.
• Development regulations and county planning frameworkThe speaker explained how HB 231k compliance requires development regulations aligned with county plans and districts.
• District definitions from strategic planSpeaker reviewed definitions of three district types included in county's strategic plan.
• Rachel Jacobson public comment on data centers and transparencyResident expressed concerns about rapid data center expansion and requested transparency from commissioners regarding out-of-state trips.
• Tracy Dashnol comment on bentonite contamination incidentResident reported bentonite drilling fluid entered Lake Granbury through aquifer breach during pipeline boring for data center infrastructure.
• Steve Kirk comment on power, water, and federal encroachment risksRetired Navy pilot detailed concerns about insufficient power and water supplies, comparing data center risk to military budget mismanagement.
• Matt Long comment on moratorum duration and extension languageSpeaker addressed Item 13, flagging concerns about six-month moratorum duration and extension provisions.
• Scott Clayton pro-development economic argumentSpeaker presented data-driven case that moratorum would be economic suicide and highlighted regional growth and tax benefits.
• David Van Gorder Rain Lily Solar Project environmental benefitsEnvironmental planner presented Rain Lily Solar and Battery Storage Project as beneficial reuse of heavily disturbed industrial property.
• Michael Klene Rain Lily Project coordination and retroactive moratorum concernsProject development head argued Rain Lily engaged collaboratively for years and blanket retroactive moratorum creates uncertainty rather than clarity.
• Tina Brown support for amendments and moratorumSpeaker thanked development commission and urged approval of amendments and moratorum with extension language.
• Kenneth Bador rancher and police officer on infrastructure impactsRetired police officer and rancher raised concerns about water usage, emissions, waste water, and traffic studies for data center projects.
• Sherry Shaw request for 12-month moratorum extensionToller resident thanked taxpayers and requested moratorum passage with 12-month extension and expressed three primary fears.
• Gary Foreman commentary on cultural contempt and environmental stewardshipSpeaker reflected on crossing the Rubicon moment regarding environmental contempt and questioned water versus chips priorities.
• Water quality and environmental stewardship concernsA speaker raised concerns about contaminated water in Lake Granberry and called for commissioners to recognize environmental negligence and take responsibility for stewardship.
• Data center and power generation facility proliferationChris Pollson enumerated multiple proposed industrial projects and expressed concern about inadequate regulations and water/air pollution impacts.
• Legal authority for moratorium and subchapter K powersAdam Friedman addressed the legal question of whether the county has authority under subchapter K to adopt a conditional approval, denial, or moratorium on concept plans.
• Decommissioning requirements and tax abatement conditionsKenneth Meador urged commissioners to require escrow accounts and decommissioning standards for industrial facilities and to attach conditions to any tax abatements.
• Moratorium necessity and county authority under state lawMatt Long argued the county has clear authority and obligation under state law to adopt a moratorium and referenced prior Hood County action from 1999.
• New resident perspectives on Hood County character and moratoriumWendle Meeks and other new residents expressed concerns about preserving Hood County's character and urged commissioners to implement a moratorium with adequate time and comprehensive regulations.
• Regional leadership opportunity and state legislative developmentsRon Sutton urged commissioners to view the moratorium as a leadership opportunity and referenced recent state legislative action.
• Community preferences and foundational principlesBarbara Delasta and Alan Kramer expressed support for the moratorium based on community values and stewardship principles.
• County legal authority challenges and state oppositionMills presented the county attorney's position that counties lack moratorium authority and cited recent state legislative and executive communications opposing county moratorium powers.
• Letter from State Senator Regarding County Moratorium AuthorityState Senator Paul Benton Court sent a letter asserting that counties lack legal authority to impose building moratoriums under House Bill 2559, which applies only to municipalities.
• Commissioner Response to State Letter on Moratorium LegalityCommissioner rejected characterizations in the state letter, arguing HB 2559 applies only to municipalities and that Hood County has unique statutory authority unlike other counties.
• Exponential Development Scale and State-Level AppealCommissioner emphasized that the scale of proposed data center development (8,000 acres) vastly exceeds what Subchapter K was designed to accommodate and called for state-level intervention.
• Legal Precedent Against MoratoriumCommissioner cited Supreme Court authority and legal voices opposing moratoriums, advocating instead for new state legislation granting counties stronger regulatory tools.
• Conditional Approval Terms and Water RequirementsCommissioner described the stringent conditions placed on three approved data centers, emphasizing that water scarcity and other infrastructure gaps make approval conditional on meeting nearly impossible requirements.
• Three Distinct Moratorium PositionsCommissioner identified three legal positions on moratoriums: no moratorium allowed, moratorium going forward only, or moratorium covering prior applicants who have not started projects.
• Transition to Executive Session DecisionCommissioners decided against entering executive session and moved directly to commission business following the public hearing.
• Commissioner Observation on External PressureCommissioner characterized the timing and nature of the state letter as suspicious external pressure from multiple sides designed to force a decision.
• 2020 COVID Shutdown Resolution and County Judge DefenseCounty Judge defended his COVID shutdown decision, contrasting it with earlier proposal to declare governor's orders unconstitutional and explaining the federal incentives tied to compliance.
• Attorney Credentials and Judicial RecordCounty Judge invoked his 50-year legal practice and challenged comparison of legal acumen with Commissioner Eagle, asking the public to evaluate their respective legal records.
• Public Comment on FEMA Money and FreedomA public speaker recalled the county judge stating that FEMA money would be withheld if the county did not shut down, characterizing the trade-off as "freedom for sale."
• Medical Consensus and Topic ShiftBrief exchange regarding prevailing medical consensus during COVID, followed by recognition that discussion had moved off the primary agenda topic.
• Agenda Item 14: Moratorium Amendments MotionCommissioner Samson made a motion to adopt moratorium amendments with detailed conditions tied to attorney general investigation and critical infrastructure protection, but motion failed.
• Agenda Item 15: Industrial Development Moratorium PullbackItem 15 to establish temporary moratorium for industrial development applications and permits was pulled due to failure of item 14, rendering item 15 moot.
• Agenda Item 10: Comanche Circle Development Conditions ModificationCommission voted to modify conditional approval terms for Comanche Circle Development by clarifying and restating comprehensive drainage, rural land district, wastewater, power, water, environmental protection, and adjacent land use requirements.
• Commissioner Opposition and Disappointment on Conditions VoteCommissioner expressed disappointment with modification of conditions, questioning circumstances surrounding the state letter and suggesting political pressure influenced the timing.
• Commissioner Eagle's Call for Principle-Based DecisionCommissioner Eagle called for courage and principle-based decision-making, noting that the concept plan still does not meet minimum standards.
• Agenda Item 16: Employee Policy Revisions ApprovalCommission approved revisions to Hood County employee policies including certification and specialty pay, check acceptance, code of conduct, and competition for terminated employees with added certifications.
• Agenda Item 17: Hood County Appraisal District Investigation UpdateNext agenda item scheduled to receive update from Granberry Mayor regarding current investigation into Hood County Appraisal District, including forensic audit status and District Attorney pursuit of facts and law.
• Forensic audit presentation—appraisal district fund managementA city representative presented findings from a forensic audit of Hood County Appraisal District (HCAD) performed by Weaver and regarding allegedly unauthorized retention and use of public funds.
• Tax code requirements and operating principlesThe presenter outlined statutory requirements governing HCAD operations and fund management under Texas tax code.
• Penal code considerations and document integrityThe presenter identified potential criminal implications related to the audit summary discrepancy.
• Ten-year excess funds historyThe presentation showed a pattern of excess fund accumulation and allocation over a decade.
• HCAD accounting practices explanationThe HCAD finance group provided an account of how excess funds were managed during the audit period.
• Excess funds flow and reallocation patternThe presentation detailed specific dollar amounts transferred to retirement and building projects.
• Forensic audit findings—capital outlay and budget adjustmentsThe actual Weaver forensic audit identified specific unauthorized expenditures and budget modifications.
• TCDRS retirement fund additionsThe audit identified $818,000 in unauthorized excess fund contributions to the employee retirement plan.
• Retirement fund actuarial status and overpaymentThe presentation showed the retirement fund received excessive contributions beyond budgeted amounts.
• Unaccounted funds summaryThe presenter calculated the allocation of $3.3 million in excess funds.
• City and investigator timeline—DA involvementThe presentation documented the sequence of investigations and responses from the district attorney.
• Current request for resolutionThe city representative requested formal action from the county and DA.
• Context on beneficiaries and taxpayer impactThe presenter contextualized the misuse of funds and their origin.
• Commissioner response and straw company concernA commissioner responded with an additional concern about prior unauthorized structures.
• Consent agenda modification and approvalThe court modified and approved a consent agenda item regarding funding source.
• Public hearing scheduled—Comanche Cove replatThe court set a public hearing for a property replat.
• AdjournmentThe meeting was adjourned.