Kendall County votes to form 391 Subregional Planning Commission with Kerr County, 3-2

Kendall County Commissioners Court voted 3-2 Tuesday to enter an interlocal agreement with Kerr County to form a Subregional Planning Commission under Texas Local Government Code chapter 391.

Supporters of the SRPC said it would create a formal coordination process that requires state and federal agencies to notify and meet with local governments when projects affecting public health, safety or welfare are proposed. "This subregional planning commission forces this coordination," Commissioner Andrew Wiesen said, adding the body would not itself confer new regulatory authority but would “give us a little bit more standing when it comes to us standing together.”

The vote followed more than an hour of public comment from residents of Comfort and other parts of Kendall County who urged the court to adopt the SRPC to address proposed battery energy storage systems (BESS), wastewater projects and other developments they said threaten local water and safety. "We need you to take this action to be proactive on our behalf," Alex Rudd told the court during public comments, citing recent local applications and what she described as limited public input from state agencies.

Opponents on the court raised legal, financial and governance questions during the business discussion. Commissioner Chapman reviewed the draft interlocal agreement section-by-section and repeatedly urged tighter limits on the commission's authority, clear budget constraints, a defined term length and detailed provisions on liability and insurance. He warned the commission could incur rapid legal or administrative expenses if the agreement is not narrowly drafted.

Legal counsel and visiting Kerr County officials said parts of the agreement are draft language and can be revised. Kerr County Commissioner Rich Paces told Kendall County the intent is to "bring people to the table" (including state agencies such as TCEQ and ERCOT) to learn about projects early rather than to create a new permitting authority. Counsel in the meeting also flagged a statutory requirement under the Interlocal Cooperation Act, chapter 791, that any interlocal contract must state parties will pay for services from current revenues; the court directed that required language be added.

After discussion, Commissioner Chad Carpenter moved to form the SRPC; Commissioner Wiesen seconded. Commissioners Carpenter (Precinct 4), Wiesen (Precinct 2) and Jennifer McCall (Precinct 1) voted in favor; the County Judge and the commissioner from Precinct 3 voted against the motion. The court instructed staff to return a revised interlocal agreement and bylaws for final approval at the next regular meeting.

What the SRPC will do and how it will be funded remained open at the vote. Commissioners and counsel discussed adding an exit clause, limiting the commission's scope to BESS matters if desired, and obtaining a director/officer insurance quote before finalizing the agreement. The court also discussed an auditor's certificate and the need for explicit language that any related expenditures will be paid from current revenues.

The SRPC vote came after months of citizen organizing: Kerr County had voted unanimously to form the SRPC with Kendall County at an earlier meeting, and multiple speakers referenced prior workshops and outreach. Supporters said the commission could be used to raise state and federal agencies to answer local concerns; critics said the tool is untested, could add a layer of government and might shift decision-making away from locally elected officials.

The court directed staff to place a revised interlocal agreement and bylaws on the agenda for the commissioners' next regular meeting for final edits and approval.