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Hays County treasurer asks court to authorize outside legal opinion on invoices from canceled procurement
Summary
Hays County Treasurer Daphne Tonorio told the court she wants an outside attorney to review invoices tied to a recently canceled procurement pool to protect her bond and ensure the invoices can be paid; the court directed the county DA's civil division to solicit possible engagements for that review.
Hays County Treasurer Daphne Tonorio asked the Commissioners Court on Thursday for permission to obtain an outside legal opinion on several invoices tied to a procurement pool the court previously canceled. Tonorio said she wants independent confirmation that the invoices can be legally paid and protection for her public‑official bond if later questions arise about the disbursements.
Why it matters: Tonorio said state law makes her personally responsible for improper disbursements and that, while she expects the invoices are valid, she is seeking a second legal opinion to avoid future liability and to provide evidence for external auditors. County staff and counsel described a split in prior advice and emphasized the need for documented corrective actions after a break in internal procurement controls.
Treasurer Daphne Tonorio told the court, “I would like to have an outside opinion look at this. I do respect the general counsel 100% … but because of the gravity of this matter I would like to get an outside legal opinion.” She said her primary concern is to protect her bond and to ensure ‘‘I paid them based on this’’ if questioned later.
County civil counsel Jordan Powell advised the court that voiding a pool does not automatically void the contracts at issue and reiterated that, if the Commissioners direct payment, that direction protects the treasurer from liability. County Auditor Marisol Villarreal Alonso said an audit is already underway and that her office is reviewing procurement files; she characterized the situation as a break in internal controls and said corrective action plans will be provided to external auditors.
What the court did: After discussion, the court directed the civil division of the criminal district attorney's office to solicit possible engagements from law firms to analyze (1) the legal status of the disbursements related to RFQ 2025‑Q01 where appropriate, and (2) the treasurer's liability concerning her bond for those disbursements. The motion passed with four commissioners voting yes and one commissioner voting no.
Next steps: County staff will return with engagement proposals and conflict checks for the court to consider before executing any outside contract. The court also instructed staff to provide a list of candidate firms and engagement scopes to the commissioners for timely review.
