A group of Hays County residents have filed a lawsuit against county leaders for placing a transportation bond on the ballot.
Hays County includes a small portion of south Austin and encompasses less populated cities such as San Marcos, Kyle and Buda.
Four plaintiffs allege that people elected to the Hays County Commissioners Court, which is the governing body of the county, violated the Texas Open Meetings Act when they approved the bond election in August.
In short, this state law requires government entities, like county officials, to keep official business accessible to the public and to allow public comment.
The lawsuit, which was filed in Hays County District Court on Oct. 21, alleges county officials misled residents by not adequately announcing a scheduled meeting to approve the bond election and limiting the amount of time people could speak on the item. The plaintiffs also claim residents didn’t receive key information on how the bond would impact local property taxes.
Hays County officials declined to comment on the lawsuit.
Although the election is already underway, the plaintiffs hope that by challenging the proposition they can void the results or convince residents to vote no.
What’s on the proposition?
In August, Hays County Commissioners voted unanimously to put Proposition A on the ballot. Proposition A is a $440 million bond that would pay for building and maintaining roads throughout the county. With the region’s population expected to double by 2045, commissioners hope the bond’s 31 projects will help ease traffic congestion and improve road safety, especially on roads leading to I-35.
“Entire neighborhoods are going up and they're pouring into these tiny little two-lane roads,” Hays County Judge Ruben Becerra said in September. “There's so much development taking place and we need our roads to be fortified.”
The county held open houses with information about the bond and its projects before early voting began in October.
Kyle resident Jane Kirkham attended one of the open houses on Oct. 9, where she said she planned to vote in favor of the bond. She drives frequently across the county to visit her daughter in Dripping Springs.
“When we go there, we’ve got little, busy roads and one way to get places,” she said. “Traffic in my area is maddening… and, as far as I know, people are continuing to move here.”
The road bond would ultimately be paid for with property taxes. If approved, the bond would add a total of $0.02 per $100 valuation to the county tax rate. That’s an increase of about $74 a year for a home valued at $370,000 — which was the median sales price in September for a home in Hays County.
Opposition to the bond
Some people have expressed concerns about Proposition A. The four residents who sued the county are part of a recently formed political action committee, Hays Coalition for a Better Bond, and argue that the bond package was rushed and may threaten the environment.
Cathy Ramsey, who has lived in Hays County for two decades, is concerned that road projects in her area will pollute the environment and impact the local aquifer that provides water to the area.
“We're looking at developing land and changing it in ways that will last forever,” Ramsey, who is one of the plaintiffs in the lawsuit, said. “We rely on these springs to provide drinking water, provide quality of life, and we are on the verge of irrevocably damaging them.”
Coalition members and those involved in the lawsuit want to delay the vote to May or Nov. 2025 and want county officials to gather more public input.
County officials have said they disagree and don't want to delay the item.
“I'm vehemently against it,” Becerra said. “There will never be a better time to get more community engagement than on a presidential cycle.”
Even if the ballot measure gets pushed back, the plaintiffs would like to see more feedback on the bond’s projects.
In Feb. 2020, the county created an advisory committee to look into developing new parks after voters passed a $75 million bond. The plaintiffs and coalition members said they want something similar for this transportation bond.
“We would like to see public input and then bring [the bond] back,” Ramsey said. “There are definitely places where bottlenecks exist and where roads need to be developed or improved, but we need all voices present in that conversation.”
What happens next?
It’s likely a court won’t have a chance to hear the lawsuit ahead of Election Day on Nov. 5.
Bill Bunch, one of the plaintiff’s attorneys with the Save Our Springs Alliance, said the bond election could be voided if a judge finds that the county violated the Texas Open Meetings Act.
“There has not been a previous case in this exact situation,” he said. “To our knowledge, it’s never happened in Texas.”
If a judge finds the county complied with state law, the results of the bond election will stand.
Hays County polling locations are open for early voting through Friday, Nov. 1. There are locations in San Marcos, Buda, Kyle, Wimberley and Dripping Springs.
The full list of polling locations and hours can be found on the county's website.
