Fort Bend County commissioners moved forward with a proposed property tax rate Thursday as two members of Commissioners Court continued their boycott over a legal dispute surrounding interim County Judge Daniel Wong.
Wong and Republican Commissioners Andy Meyers and Vincent Morales attended the August 13 meeting, while Democrat Commissioners Grady Prestage and Dexter McCoy remained absent. The two commissioners have refused to participate in meetings presided over by Wong since June, arguing he no longer has legal authority to serve as county judge.
Commissioners have proposed a county property tax rate of $0.412 per $100 of taxable value, consisting of rates for the general fund, road and bridge fund, and debt service. The county’s drainage district separately proposed a $0.01 rate. Public hearings on the proposed budget and tax rates are scheduled for September 9 and September 10.
The disagreement over Wong’s authority stems from the removal proceedings against former County Judge KP George. Following George’s March conviction on two felony money laundering charges, visiting Judge Jeth Jones suspended him from office and appointed Wong in April to perform the duties of county judge while a civil removal case was pending.
George was sentenced in June to six months in the Fort Bend County Jail and five years of probation. His attorneys immediately appealed the conviction. The civil lawsuit that resulted in Wong’s appointment was dismissed the following day.
Fort Bend County Attorney Bridgette Smith-Lawson subsequently concluded that Wong’s temporary appointment ended with the dismissal of the civil case. Wong’s attorney, Christopher Hilton, disputed that interpretation, arguing that the appointment order did not contain an expiration date and that the Texas Constitution requires Wong to remain in office until a successor is qualified.
The disagreement eventually moved into court through competing legal actions. Smith-Lawson is seeking a ruling that Wong does not have legal authority to remain in office, while Wong has sought a declaration affirming his authority to continue serving.
During an August 5 hearing, District Judge Edward Krenek declined to remove Wong while the litigation proceeded and placed the case on an expedited schedule. Krenek did not issue a final ruling on whether Wong is ultimately entitled to remain county judge, leaving that question unresolved as the county approaches its final budget and tax rate votes.
The dispute could have financial consequences for the county. Texas law requires at least 60 percent of the members of a governing body to vote in favor of adopting a property tax rate, meaning four members of the five-member Commissioners Court are needed. County finance officials have warned that failure to adopt the planned rate could create a roughly $21 million budget shortfall, eliminating a proposed 3 percent cost-of-living increase for employees and delaying infrastructure projects.
McCoy and Prestage have proposed that Wong remove himself from budget and tax rate proceedings so the four elected commissioners can participate. Wong, however, plans to continue presiding over Commissioners Court while the legal case proceeds.
The next regular Commissioners Court meeting is scheduled for August 27. Final consideration of the county budget and tax rate is scheduled for September 10.
