A dispute over who legally leads Fort Bend County spilled into public view Thursday as Commissioners Court descended into a walkout, competing press conferences and conflicting interpretations of Texas law that may ultimately require an answer from the Texas Attorney General.
At the center of the dispute is whether Daniel Wong remains Fort Bend County’s interim county judge after Sarah Roberts, the plaintiff in a First Amendmentlawsuit against former County Judge K.P. George, filed a notice of nonsuit ending the case that led to Wong’s appointment.
Republican and Democratic officials have reached opposite conclusions about the legal effect of the nonsuit.
During Thursday’s Commissioners Court meeting, Precinct 3 Commissioner Andy Meyers argued Wong continues to serve under the Texas Constitution’s holdover provision because no successor has been qualified to assume the office. Meyers said attorneys advising him concluded Wong remains the county judge and warned he would not participate in a meeting presided over by anyone else.
Precinct 2 Commissioner Grady Prestage argued the opposite, saying Wong’s appointment was temporary under Chapter 87 of the Texas Local Government Code and automatically ended when Roberts filed the notice of nonsuit. Prestage warned that official actions taken with Wong participating could later be challenged in court.
Following statements from commissioners and County Attorney Bridgette Smith-Lawson, commissioners voted on whether Wong should be excluded from participating in the meeting. The motion failed. Prestage called the court illegal and then walked out of the meeting, followed shortly afterward by Precinct 4 Commissioner Dexter McCoy. The two later held a separate press conference, where they said they are exploring legal action over Wong’s continued participation in Commissioners Court.
Wong held his own press conference defending his authority to remain in office before commissioners court.
Wong’s attorney, Chris Hilton, argues the district court’s appointment order contains no expiration date and that the Texas Constitution requires Wong to continue serving until a successor is duly qualified. Prestage maintains the appointment automatically terminated when Roberts nonsuited the underlying civil case, leaving the county without legal authority for Wong to continue serving under that appointment.
Until the legal dispute is resolved, either through the courts or by an opinion from the Texas Attorney General, the question at the center of Thursday’s political showdown remains unresolved: Who leads Fort Bend County?
LEGAL PRECEDENT CITED BY EACH SIDE:
Commissioner Andy Meyers
- Texas Constitution, Article XVI, Section 17 (Holdover Provision): Argues Wong remains county judge until a successor is duly qualified.
- Texas Local Government Code § 81.001: States the county judge presides over Commissioners Court when present.
- Glenn Whitley precedent: Cites the former Tarrant County commissioner, who continued serving under the constitutional holdover provision after resigning until a successor qualified.
Wong’s Attorney, Chris Hilton
- District Court Appointment Order: Argues the April 10 appointment contains no expiration date and remains in effect.
- Texas Constitution, Article XVI, Section 17 (Holdover Provision): Contends Wong must continue serving until a successor is qualified.
- Texas Local Government Code § 87.017: Argues the statute authorizing Wong’s appointment contains no mechanism terminating the appointment after the underlying case ends.
- Texas Attorney General Opinion GA-0263 (2004): Williamson County sheriff vacancy opinion.
- Cases cited: In re Reed (2022), Bianchi v. State (2014), Crawford v. State (2004), Pyote ISD v. Estes (1965), State v. Jordan (1930), and McGhee v. Dickey (1893)
Commissioner Grady Prestage
- Texas Local Government Code Chapter 87: Argues Wong’s appointment was temporary under the suspension statute.
- Texas Supreme Court precedent: OXY U.S.A., Inc. v. Cook (1990), holding interlocutory orders dissolve upon a nonsuit.
- Texas Local Government Code § 87.032: Argues Wong’s temporary appointment automatically ended when plaintiff Sarah Roberts filed a notice of nonsuit in the civil case against K.P. George.
