Texas appeals court reverses ruling voiding a county bond election

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A Texas appeals court on Tuesday overturned a lower court ruling that voided Hays County's November 2024 bond election over a state open meetings act violation.

In a 2-1 ruling, an appeals court panel found a Travis County District Court judge "had no basis to void the county's election order, or the election itself, or deny the county's Expedited Declaratory Judgement  Act" lawsuit seeking court validation for nearly $440 million of general obligation bonds voters approved for road projects.   

A group of Hays County property taxpayers initially sued the county in October 2024, claiming a notice for the county commissioners court's Aug. 13, 2024, meeting, which included an item to order the bond election, violated the open meetings act by failing to disclose the amount of bonds, use of proceeds, and a proposed property tax increase to pay off the debt.

The plaintiffs also intervened in the county's March 2025 bond validation case. Travis County Judge Catherine Mauzy's ruling came out in June 2025.

An appeal to the Texas Supreme Court is being considered, according to Bill Aleshire, the plaintiffs' attorney.

He said while the majority opinion determined the lawsuit should have been filed quicker and should have sought to stop the election from proceeding, it also said the bond validation case did not revive the opportunity to make the open meeting action violation claim. 

"But Justice (Scott) Field dissented, saying that since Hays County was required by the bond-validation statute to prove it properly called the bond election, we had a right to argue the TOMA violation," Aleshire said in an email.

There was no immediate comment from the county, which issued $186.8 million of combination tax and revenue certificates of obligation last year to partially replace the voided bond authorization. 

Voters approved the bond measure with more than 55.7% voting in favor.