Travis County has not yet released records to FOX 7 Austin following Ken Paxton's ruling
AUSTIN, Texas - Travis County has yet to release records to FOX 7 after the Texas Attorney General ruled they must.
The requested information is regarding the Travis County Commissioners approving $115,000 to be given to the Travis County District Attorney for security enhancements.
"Texas has one of the strongest sets of laws requiring open meetings by public entities, governmental entities, of any state in the country," Appellate Attorney David Coale said.
RELATED: Ken Paxton sues Travis County for holding 'unlawful secret meeting'
The Attorney General claims the Travis County Commissioners violated that law.
On March 19, 2024, a vague item was listed on the commissioner’s agenda, "Receive briefing and take appropriate action regarding Travis County security and information security issues." After commissioners discussed the item in executive session, they voted publicly.
"I’d like to move to direct PBO to process a budget adjustment totaling $115,000 from the general fund allocation reserve as an automatic budget adjustment as discussed in an executive session," Travis County Precinct 3 Commissioner Ann Howard said during the March 19, 2024, meeting.
It passed unanimously.
FOX 7 submitted a public information request to the county for information about what the money being moved was for, what security enhancements are being funded, what threats were made that warranted the transfer of funds, and any evidence of such threats.
The assistant county attorney responded and said any responsive records must be withheld under the common law physical safety exception and Texas Homeland Security Act because, "release of any existing responsive information would subject an elected official to a substantial threat of physical harm."
"I think their position would be that there's a security issue and if they send you documents about the security issue, then they've given away the store," Coale said.
The county asked the Attorney General for a ruling which gives them 45 business days to do so.
Last month, the AG sued the Travis County Commissioners Court for violating the Texas Open Meetings Act during that vote on March 19, 2024.
The AG said, "Travis County has illegally abused procedure to conceal self-serving decision-making, to hide from scrutiny, and to prevent citizens from knowing exactly what is being done with their money. After the Travis County DA’s pro-crime policies have created such dangerous conditions for Austin residents, it is especially ironic that he secretly sought taxpayer-funded security measures for his home."
"When you're working on the bread and butter, how much are we going to spend on the core functions of our government, people are entitled to know when that's under discussion so they can hear how the money is being spent," Coale said.
Last week, commissioners revoted on the item.
"I move to approve funding in the amount of $115,000 to the district attorney for necessary security enhancements to address threats and security risks at locations determined by a security assessment that are necessary to protect the district attorney and preserve his ongoing county functions and duties," Travis County Precinct 1 Commissioner Jeff Travillion said during the October 22, 2024, meeting.
Commissioners didn’t make any comments about the funding.
"All those in favor please raise your hand, that passes unanimously," Travis County Judge Andy Brown said during the October 22, 2024, meeting.
"It shows that the city decided they needed to go ahead and get it right because the requirements are, you know, they're fairly demanding under our Texas law," Coale said.
A day after the commissioners' meeting, FOX 7 received a ruling from the AG after the county requested one regarding the public information request. The AG said the county failed to demonstrate why some of the information should be withheld and said the county must release the information.
The county has yet to release the information the AG ruled on.
"At some point you're going to be within your rights to sue the city for an order requiring them to do what the law and now the AG has confirmed the law requires them to do," Coale said.
The county is required to promptly release the requested information or send notification about their intent to challenge the ruling. They have 30 calendar days to challenge the ruling in district court.
FOX 7 reached out to the Travis County Attorney’s Office to find out when we’ll receive the records. We haven’t heard back.