AUSTIN, TX – Travis County District Attorney Jose Garza is suing the state attorney general to prevent the release of public records after Attorney General Ken Paxton ruled they should be released.

The information requested relates to the Travis County Commissioners approving payment of $115,000 to the Travis County Attorney for security improvements.

Attorney General Ken Paxton claims Travis County commissioners violated state open meeting laws.

Garza and Travis County Auditor Patti Smith argue the information is exempt from disclosure under the Public Information Act.

They argue that the requested information is exempt under a physical security exception, citing a part of the law that says “in the specific circumstances relating to the (government) employee or official, disclosure of the information would expose the employee or office faces a substantial threat.” physical harm. »

Garza and Smith also say the documents are exempt under the Texas Homeland Security Act, which prevents the release of documents identifying details of critical infrastructure vulnerabilities to terrorism.

On March 19, 2024, a vague item appeared 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 would like to ask the PBO to treat a budget adjustment totaling $115,000 from the general fund allocation reserve as an automatic budget adjustment, as discussed in an executive session,” said the Commissioner of Travis County Precinct 3 Ann Howard at the March 19, 2024 meeting.

It was adopted unanimously.

FOX 7 submitted a public information request to the county for information on why the money was transferred, what security improvements were funded, what threats justified the transfer of funds and any evidence of those threats.

The deputy county attorney responded and said any sensitive records must be withheld under the common law physical security exception and the Texas Homeland Security Act because “disclosure of any existing sensitive information would subject an elected official to a substantial threat of physical harm.”

The commissioners were sued by Paxton in September 2024 for violating state open meeting laws.

Commissioners voted in favor of the item again in October.

The next day, Paxton ruled that the information requested by Fox 7 had to be released because the county had not demonstrated why the information should be withheld.