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Kerr, Kendall begin talks on Hill Country Energy subregional planning; court authorizes negotiating committee
Summary
After exchanging draft interlocal documents, Kerr County and Kendall County officials agreed to form a joint committee to negotiate governance documents for a new Hill Country Energy Subregional Planning Commission under Texas Local Government Code chapter 391.
Kerr County commissioners and staff on Jan. 27 took the next procedural step toward a joint subregional planning commission with Kendall County, authorizing a small negotiating group to work on an interlocal agreement and bylaws.
The action follows cross-county exchange of draft documents and legal review. Kerr County had earlier drafted bylaws and an interlocal cooperative agreement; Kendall County circulated an alternate interlocal draft and the two sides differed on the breadth of the commission’s initial authorities.
Why it matters
Under Texas Local Government Code chapter 391, counties may form subregional planning commissions to coordinate with state agencies and to consider regional projects. The proposed Hill Country Energy SRPC has been discussed by both courts as a forum to coordinate county review and to require state agencies and developers to consult early on potential projects that affect health, safety and welfare.
What happened at the meeting
- Kendall County Commissioner Jennifer McCall told Kerr County she voted on Jan. 7 to form a 391 commission in Kendall County and that Kendall’s commissioners wanted three clarifications in the governance documents: that bylaws be created as the commission’s first task, that each county’s commissioners court approve the bylaws, and that a dissolution clause be explicit.
- Kerr County legal counsel and outside counsel had previously prepared a joint draft interlocal and bylaws; Kendall County submitted an alternate version late last week. Commissioners discussed structural differences: Kerr County’s draft limited the commission’s initial operational scope to battery facility-related risks; Kendall County’s draft used broader language tied to development generally.
Court action and next steps
The court voted to authorize a negotiating committee — two Kerr County commissioners (to be the designated liaisons), Kerr County counsel and Kendall County representatives to meet and attempt to reconcile the documents. The committee’s work is nonbinding and will return recommended language to both commissioners courts for formal votes. Kerr County said it wants an expedited schedule so the process does not stall.
Ending
The courts have not adopted a final interlocal agreement or bylaws. Commissioners emphasized they will retain local control and that any draft returned by the negotiating committee will still require open meeting action and a recorded vote in each county to become effective.
