Hegar’s move against county blocked

Court halts, for now, Texas comptroller’s claim that constable’s office was defunded

A state district court in Travis County has temporarily blocked Texas Comptroller Glenn Hegar’s determination that Harris County violated state law by defunding Precinct 5 Constable Ted Heap’s office, part of an ongoing feud Hegar rekindled with the county last month.

The court order Friday renders the comptroller’s determination legally ineffective and prohibits him from reinstating it, according to the Harris County Attorney’s Office.

“I’m glad the courts are blocking Comptroller Hegar from his misguided attacks on Harris County,” County Attorney Christian Menefee said in a statement. “Comptroller Hegar violated the law. It’s clear. We’re prepared to fight this in the courts until he does the right thing by the people of Harris County and withdraws his determination.”

At issue is a 2021 state law that bars large counties from cutting law enforcement spending without getting approval from voters. Hegar, responding to a renewed complaint from Heap, last month accused county officials of reducing the budget for Heap’s office by some $2.4 million in their most recent budget. Hegar said the county would be barred from increasing property tax collections — plus revenue from properties added to the tax roll last year — until it resolves the discrepancy.

In response, the county attorney sued Hegar’s office.

Hegar’s claim is a repeat of a fight that played out between the comptroller and Harris County last August.

County Judge Lina Hidalgo said in a statement that the court ruling confirms that Hegar’s math is wrong.

“I celebrate the judge’s action today but remain focused on the larger issue in front of us, as we continue to fight Comptroller Hegar’s bad faith and poor math,” Hidalgo said. “Harris County has not only increased law enforcement budgets across the board since I’ve been in office, we now see a 10 percent reduction in violent crime compared to last year. I’m proud to support the men and women on

the front lines every day.”

Hegar’s office did not comment Friday, though the comptroller released a statement the day before the ruling saying he was disappointed with Harris County’s “ongoing legal maneuvering.”

Precinct 2 Commissioner Adrian Garcia, in a statement, agreed with the court ruling.

“Harris County has only increased the budgets for our law enforcement since I joined Commissioners Court. In fact, I initiated many of these investments,” Garcia said.

“The comptroller should look at this order, see how future litigation will go and withdraw this complaint. We have the facts on our side, and we have the law on our side.”

The debate over law enforcement funding in Harris County stems from the county’s decision to shift its fiscal year and budgeting schedule to start in October instead of March.

In 2022, the county passed a shortened sevenmonth budget that was in effect until the new schedule began in October. That short fiscal year has made it difficult to make year-to-year funding comparisons and has resulted in the county and the comptroller’s office using different methods to analyze whether the Precinct 5 constable’s funding has increased or decreased.

“Harris County did not violate (state law) because using the comptroller’s math, Harris County’s overall budget decreases from his annualized version of the 2022 short fiscal year budget to the county’s fiscal year 2023 budget, while Precinct 5’s share of the county’s budget increases,” Menefee said Friday.

The next hearing in the county’s lawsuit is set for March 23.