May 12, 2020 Hood County Commissioners' Court

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The Hood County Commissioners' Court met on May 12, 2020, to address routine business and contentious pandemic-related policy matters. The court approved standard agenda items including invoices, equipment purchases, and vehicle transfers, while also presenting a proclamation for Childhood Apraxia of Speech Awareness Day. Extended discussion centered on the constitutional authority of the governor's pandemic-related executive orders, with citizens and commissioners presenting differing legal and constitutional perspectives; a resolution to declare all county businesses essential and restore constitutional rights failed for lack of a second. The court also received updates on COVID-19 case counts, testing data, and economic impacts on property tax revenue and local businesses.

• Call to order and pledgesThe meeting was called to order and opened with invocation and pledge of allegiance.
• Childhood Apraxia of Speech ProclamationThe court read and presented a special proclamation for Childhood Apraxia of Speech Awareness Day on May 14th to Mr. and Mrs. Swain.
• Consent agenda approvalThe court approved the consent agenda without amendments.
• Development: Replat of the Landings public hearingThe court set a public hearing for a replat of the Landings on June 23rd, 2020.
• Financial invoices approvalThe court approved payment of invoices totaling $497,778.81.
• Sheriff's Department handheld radios purchaseThe court approved purchase of five handheld radios for the Sheriff's Department at $17,963.60 from a state contract to upgrade to the 700 megahertz system.
• Constable radio communication concernsTwo constables spoke about critical communication gaps affecting multiple law enforcement agencies and public safety.
• Grant funding and equipment acquisition discussionJudge and constables discussed missed grant opportunities and military equipment surplus acquisition.
• Vehicle transfer: Tahoe units to other departmentsThe court approved transfer of two Tahoe sport utility vehicles from the Sheriff's fleet to facility maintenance and development departments.
• Constitutional oath of office discussionCommissioner Eagle placed the constitutional oath of office on the agenda to discuss the scope of elected officials' duties and authority versus executive orders.
• Public comment on constitutional oathTwo citizens spoke on the constitutional oath discussion item, presenting differing perspectives on constitutional duties.
• Judge's response on oath and disaster authorityThe judge acknowledged differences of opinion with Commissioner Eagle and two citizen speakers and explained the governor's statutory authority regarding disaster response.
• Governor's executive orders and statutory authorityCounty Judge explained the legal basis for Governor Abbott's pandemic-related executive orders under state statute and the three-branch separation of powers.
• Judge's personal position on executive orders and pandemic responseJudge explained his oath requires upholding state law and the Constitution, regardless of personal disagreement with specific orders.
• Rights, responsibilities, and public health balanceJudge illustrated how citizens surrendering individual rights serves the general health and welfare of the community.
• Disagreement with fellow Commissioner but respect for processJudge acknowledged disagreement with Commissioner Dave Eagle on the resolution but affirmed their personal and professional relationship.
• Judge's refusal to support the resolutionJudge declined to declare the governor's orders unconstitutional or void and emphasized that such action would harm Hood County's federal relief funding prospects.
• Commissioner's legal arguments challenging the governor's ordersA Commissioner disputed the Attorney General opinion's authority and presented constitutional and jurisdictional theories to support eventual court review.
• Agenda item 4: Economic impact of business closuresCommissioners moved to the next agenda item addressing potential economic impact of closures on property and sales tax revenue.
• County health official's COVID-19 updateCounty health official (Dr. Blocker or designee) provided recent case count, testing data, regional context, and safety guidelines for reopening businesses.
• Testing information and disease updatesHealth official addressed questions about public release of testing data and acknowledged late-arriving case information.
• Citizen speaker on all businesses being essentialA citizen presented arguments that all businesses are essential and questioned the governor's statutory authority to legislate via executive order.
• Public comment on pandemic response and government authorityA citizen speaker expressed concerns about the economic impact of pandemic restrictions and urged the county to uphold constitutional limits on government power.
• County property appraisal values and tax revenue concernsCounty commissioners discussed a significant decline in net taxable property values for 2020 and the uncertainty surrounding appraisal district calculations affecting the county budget.
• Chamber of commerce report on business grants and economic conditionsThe Granberry Chamber of Commerce president reported on grant distributions to local businesses and described mixed employment challenges during the pandemic recovery.
• Agenda Item 5: Constitutional rights restoration resolutionThe court moved to Item 5 regarding a resolution to restore constitutional rights in Hood County, with multiple citizens and a commissioner preparing to discuss or propose the measure.
• First speaker on constitutional rights: concerns about pandemic-era restrictionsA citizen speaker detailed alleged violations of constitutional rights during the pandemic, including restrictions on family visits, religious gatherings, and business operations.
• Second speaker on constitutional rights: legal and governance frameworkA citizen speaker addressed legal definitions of authority and orders, emphasizing that government power derives from citizen consent and cannot be exercised arbitrarily.
• Third speaker on constitutional rights: massage therapist's employment restrictionsA massage therapist described her inability to return to work despite her professional licensing and training, contrasting her treatment with other workers permitted to work.
• Fourth speaker on constitutional rights: testing, case identification, and FEMA funding concernsA citizen speaker addressed testing rates, case identification, and potential federal funding penalties related to the county's consideration of a constitutional rights resolution.
• County judge introduces constitutional rights restoration resolutionThe county judge explained the legal and philosophical basis for the proposed resolution and its implications regarding executive emergency powers.
• Enforceability of executive orders and constitutional concernsA commissioner outlined constitutional arguments regarding the enforceability of the governor's executive orders, citing specific instances and Texas constitutional provisions.
• Proposed resolution on constitutional rights and business statusA commissioner introduced a resolution declaring all Hood County businesses essential and challenging the constitutionality of governor's closure orders.
• Motion on resolution and vote outcomeA commissioner moved to adopt the resolution on restoring constitutional rights and declaring all county businesses essential; the motion failed for lack of a second.
• County auditor retention decisionThe court reconvened from executive session and voted to retain auditors.