2024 Hays County Road Bond struck down by judge over Texas Open Meetings Act violation

Hays County road bond ruled void
A judge has struck down the 2024 Hays County road bond, ruling that the Commissioners Court violated the Texas Open Meetings Act when it called for a special election for the $440 million bond.
HAYS COUNTY, Texas - A judge has struck down the 2024 Hays County road bond.
Judge Catherine Mauzy ruled on Monday that the Hays County Commissioners Court violated the Texas Open Meetings Act (TOMA) when calling a special election for the road bond.
The $440 million bond has now been voided. The bond passed in November with 56 percent of the vote.
The Commissioners Court has also been blocked from taking any actions based on previous voter approval of the bond.
Hays County road bond
By the numbers:
The Commissioners Court unanimously approved the road bond election in August 2024.
The $440 million bond was meant to pay for nearly 32 projects split into three project types: mobility, safety and regional connectivity.
Proposition A would have also added two cents per $100 valuation to the county tax rate, except for people with an over-65 homestead exemption.
Road bond lawsuit
Timeline:
The lawsuit was filed in October 2024 and named the county, County Judge Ruben Becerra, commissioners Debbie Ingalsbe, Michelle Cohen and Walt Smith and former commissioner Lon Shell as defendants.
Shell left the court in December 2024.
The original lawsuit alleged that the court called the special election for the road bond "in blatant violation of the Texas Open Meetings Act" and that "the case concerns the failure of a governing body to disclose the subject matter of a proposed vote."
The lawsuit says that on Aug. 13, 2024, the court voted to approve an order calling for the bond election, but that the posting language had neglected to disclose the purpose of the bond, the amount or the proposed tax increase. The item had also been posted under the "Miscellaneous" section of the public notice agenda.

Judge Becerra on road bond ruling
Hays County Judge Ruben Becerra shared his thoughts in a social media video about the recent ruling impacting the 2024 county road bond. A judge voided the voters' approval of the bond on grounds that Commissioners Court had violated the Texas Open Meetings Act as alleged in a lawsuit against the county, Becerra and the court.
"Generally, all public postings for the Commissioners Court's agendas have a standard format to ensure the public is given notice about what is being discussed, grouping the agenda into categories; ‘ROADS’ being a major category on each Commissioners Court agenda posting," the lawsuit reads, adding that all three relevant postings for the bond (July 2, August 6 and August 13) were put under Miscellaneous.
The lawsuit alleged that by placing these notices under Miscellaneous, the public was "misled and not informed about the subject matter of the vote" and that "few people, outside the Commissioners Court and its road building advisors were aware that a road bond package for the November 2024 election was under consideration."
The lawsuit also stated that many of the road projects outlined in the bond package had been "actively opposed" by residents and property owners for many years and would:
- Require eminent domain of private property and homes for construction
- Harm and divide neighborhoods with pavement, noise and light pollution
- Increase traffic speeds and congestion and make roads more dangerous
- Risk the quality and quantity of groundwater due to potential impact to Edwards Aquifer Recharge Zone
- Build new "greenfield" roads and/or expand roads designed primarily to serve developers with taxpayer-funded access roads
What they're saying:
"This case serves as a warning to governments to comply with TOMA because the consequences of a violation are serious and will not go unchallenged. It also demonstrates that the Hays County Judge and Commissioners need an attitude adjustment about being transparent with the People’s money," said lead attorney Bill Aleshire in a release.
"Roads are forever," said Jim Camp, a Hays County resident and listed plaintiff in the suit. "Doubling the county’s bonded indebtedness would impose a 30-year financial burden on taxpayers. This ruling gives our County Judge and Commissioners a second chance to include voters in preparing a bond measure that reflects the priorities of all Hays County residents."
Hays County officials react
The other side:
The county judge and two commissioners named in the lawsuit shared their reactions to the ruling on social media.
Judge Ruben Becerra
"The 2024 Hays County Road Bond has been voided and will not move forward as was voted on, in the November 2024 election. It was voided as a result of a violation of the Texas Open Meetings Act, because the agenda posting wasn’t worded correctly.
"During the bond projects review, there were a few projects that sparked tension—none more than SH 45, over the Edwards Aquifer and into Austin. Despite Commissioner Smith’s public proclamation in a previous court meeting that Austin and Travis County supported the project, both entities have stated publicly they do not. That falsehood helped trigger lawsuits.
"My office also suggested creating public committees, to engage the community and to ensure we were doing the work the Hays County residents wanted. This was successful during the POSAC bond, and unfortunately the majority on the Court refused. We shut the public out—and we’re now paying the price."
Commissioner Debbie Ingalsbe
"I am disappointed to learn of the recent decision from a Travis County District Judge to void our 2024 road bond election. This bond would have supported critical infrastructure improvements, many of them located in the eastern part of our county, where roads are in poor condition and long overdue for repair.
"This outcome is especially disappointing for residents in eastern Hays County. I remain committed to finding alternative ways to fund these much-needed improvements."
Commissioner Walt Smith
"Today is a sad day indeed for the citizens of Hays County. A TRAVIS County Distriict judge chose to ignore over 100 thousand of our citizens and side with Save Our Springs and nullify their votes, thus disenfranchising them and letting them know their choice didn’t matter. Our transportation bond, backed by over 55% of Hays County residents was brought down in a court case by a special interest group from Austin on a technicality by a judge not even in our area. Texas should do better. Please remember this when we have new schools without adequate roads, when it takes you 40 minutes to get you little to class, or you hear of the next wreck that costs a life near your neighborhood. Thank Save Our Springs and Travis County. Let us make our own decisions in Hays County about what’s right and wrong and keep your decisions in your own neighborhood. We should make the decisions for our residents. Disappointed beyond belief."
What's next:
The suit's plaintiffs are now calling on the Commissioners Court to establish a transparent public process, including forming a citizen bond advisory committee, to develop a new bond package.
It is now up to the Hays County Commissioners Court to appeal or accept the ruling.
The Source: Information in this report comes from the Save Our Springs Alliance, court paperwork and Hays County.