AUSTIN, Texas — An unusual and hopeful case for open government in Texas. That's how transparency experts describe Texas Attorney General Ken Paxton's lawsuit against Travis County commissioners.
Paxton claims the commissioners held an "unlawful secret meeting" to approve a taxpayer-funded special security for Travis County District Attorney José Garza, which violated the Texas Open Meetings Act. Government transparency attorneys say that claim is likely because the agenda items were vague and overly broad.
The lawsuit comes following reporting by the KVUE Defenders in August that Travis County commissioners quietly moved $115,000 to Garza's office for home security.
"Granted it is rich for Paxton to file suit regarding an effort to divert county funds to improve a private residence when he faced impeachment for alleged bribes to improve his own private residence last year," Daxton “Chip” Stewart, an attorney and professor at Texas Christian University, said. "But Paxton's hypocrisy is not the point. The attorney general's office is charged with enforcing the Texas Public Information Act and the Texas Open Meetings Act, and regardless of the politics of the situation, it is good for citizens in a democracy when public bodies are required to do their business in public."
It was also recently revealed that county commissioners are setting up a new $1.8 million mini-law enforcement agency to protect elected and appointed officials, along with county employees they consider under threat.
"This lawsuit implicates vital issues of government transparency and accountability, which are fundamental goals of the Texas Open Meetings Act that transcends politics," Jim Hemphill, an Austin-based First Amendment attorney, said.
It's unclear if the county will continue providing the same level of protection to Garza through the new agency. Officials said the level of threat he faces and the need for that protection is expected to be re-evaluated by the new team.