Travis County sues Paxton to avoid releasing records about DA security

AUSTIN (KXAN) — Travis County is fighting to prevent the release of records related to thousands of taxpayer dollars it paid a private security firm, despite the Texas Attorney General's office ruling to release them.

The Travis County Auditor is suing the Office of the Attorney General over a public information request KXAN made more than six months ago. KXAN was unable to locate another instance of the Travis County Auditor's office filing a lawsuit against the AG's office for the purpose of challenging an open records decision.

KXAN requested information about a vendor registered with the county under the business name "Group For Horizon Entertainment Inc." KXAN found the vendor is a Houston-based private security firm operating under the business name "Ranger Guard. "

According to auditor records, this was the first time county funds were used for "security services" for District Attorney José Garza's office since he took office in 2021.

In March, Travis County Judge Andy Brown and the county auditor's office authorized payments to the company totaling nearly $27,000, according to County commissioner court meeting records.

KXAN reached out to Brown and Garza to understand why county funds were used for security services for Garza's office. In response to our request to Brown, Travis County spokesperson Hector Nieto stated, “It would not be appropriate to comment on specific security risks or the manner in which they are addressed.  However, we take the safety and security of all Travis County elected officials, appointed officials, and employees very seriously and take appropriate steps as necessary.”

KXAN has yet to receive any communication from Garza's office following our initial or follow-up communications to confirm it received our requests.

Through the Travis County Financial Transparency Portal, KXAN learned two payments were made on March 4 and March 29 in the amounts of $16,120 and $10,660 for "Security Services" for Garza's office.

The first payment occurred one day before the primary election and just days after Garza alleged "intimidation" and "harassment" by a group of people as his supporters were block-walking and talking to voters.

KXAN spoke to Luis Rodriguez, the head of the group Garza referenced, who said it was not their intention to intimidate Garza’s supporters, but rather to speak with some of the same voters and offer counter-points to the supporters’ claims. Rodriguez insisted that no one in his group initiated any type of confrontation.

The Travis County Sheriff's Office told KXAN it collaborates with other law enforcement agencies and provides close patrol and security to elected officials upon request if they determine a "valid" threat exists.

KXAN asked Garza if information surrounding a potential threat against him last March was reported to TCSO to be investigated, and if so, what TCSO found. KXAN is waiting for a response and will update this article when we receive one.

"TCSO supports the safety of elected officials and we evaluate their requests for assistance on a case by case basis. We assess each situation to determine the existence of exigent circumstances, a valid threat and jurisdiction," TCSO stated. "Law enforcement must balance the safety of the community along with the safety and security of elected officials."

All discussions or information surrounding the topic of "security" in commissioner court meetings occur in confidential executive sessions without public input per Texas government code 551.076. That's why KXAN requested vendor records maintained by the auditor's office in an attempt to bring transparency to circumstances surrounding the use of public funds for private security.

Timeline: Record request leads to lawsuit

On March 7, KXAN submitted a records request to the county auditor's office for all county records pertaining to "Group For Horizon Entertainment Inc."

Fewer than four days later, KXAN received a response from a member of the auditor's office stating "I'm working on your attached records request pertaining to one of our vendors."

For the next 10 business days, which is the timeframe in which government bodies must provide a response per the Texas Public Information Act, KXAN's attempts to email and call the auditor's office to inquire about the status of its request went unanswered.

On March 25, KXAN received a letter from the Travis County Attorney's Office saying it sent the request to the Office of the Attorney General of Texas and asked it to review the records and determine whether there's sufficient evidence to withhold the information in accordance with the Texas Public Information Act.

The letter stated the requested information must be withheld “because its release would subject a Travis County official to a substantial threat of physical harm.”

After reviewing the county's request to withhold all the requested records, the AG's office made the following ruling on May 30:

"We find the county has failed to demonstrate release of any of the information at issue would subject an employee or officer of the county to a substantial threat of physical harm. Therefore, the county may not withhold any of the submitted information under section 552.152 of the Government Code. Accordingly, the county must release the submitted information.”

For nearly a month after the AG's office made this ruling, KXAN attempted to call and email Travis County more than a dozen times to learn when the records would be released.

Then on June 28, KXAN received a phone call from an Assistant County Attorney with the Travis County Attorney's Office stating the Travis County Auditor's Office filed a lawsuit challenging the AG's office ruling.

Nearly two months later, the AG's office filed its response to the auditor's petition requesting the court declare the information KXAN requested be disclosed.

As of Sept. 9, there has yet to be a hearing scheduled in the case.

According to Kelly Shannon with the Freedom of Information Foundation of Texas, these cases can drag on for months, sometimes years, and the cost to taxpayers can vary depending on several factors such as attorney fees, the duration of the case and the volume of records being challenged.

KXAN reached out to the AG's office requesting information related to the costs associated with cases such as this and how often open record rulings are taken to court. KXAN will update this story once a response is received.