Please note: All agenda items are considered PASSED unless indicated otherwise.

OPEN SESSION: 

RESOLUTIONS
 
1. Consider and take necessary action to adopt a resolution proclaiming February 15, 2025, as “East Texas Golden Gloves Day” in Smith County.

2. Consider and take necessary action to ratify a resolution proclaiming February 9, 2025, as “Patrick Mahomes II Day” in Smith County.

3. Consider and take necessary action to adopt a resolution proclaiming February 22, 2025, as “Pastor DeMarcus M. Pierson Day” in Smith County.

COURT ORDERS

FIRE MARSHAL

4. Consider and take necessary action to approve the acceptance of a $2,895 donation from the Kim Hawkins Family for the purchase of a Firepup costume.

Comments: The Hawkins Family generously donated $2,895 to cover the remaining cost for the Firepup costume.  The Hawkins Family have several members of their family that have served within the fire community.

HUMAN RESOURCES

5. Consider and take necessary action regarding the Smith County Health Plan to incorporate International Rx for Specialty Medications.

Comments: Dawn Brinson is our Benefit Consultant and Ajay Dalal is our Rx Consultant from Honest Rx.  They presented on the options available for International Rx options. This is a voluntary program for employees of Smith County. If an employee has a prescription that is within the plan, once they opt-in, they will receive a rebate. These drugs only come from (5) Tier 1 countries. Mrs. Brinson looked back over the counties prescriptions over last year and found that if all employees had been a part of this program, the savings would have been $120,000. She used Ozempic as an example. It costs $900 per month per script.  With the International Program, the cost is $200 per month. The contract was tentatively approved in October and the details were finalized this month. Contract was approved.

PURCHASING

6. Consider and take necessary action to authorize the Purchasing Department to advertise, solicit, and receive sealed bids for the following:

a. RB-17-25 Seal Coat Program,
b. RB-18-25 Road Improvements to CR 178 (FM 2868 to CR 168), and
c. RB-19-25 Road Improvements to CR 411 (IH 20 to FM 849).

Comments: The first project (a) is in the Road and Bridge Budget and the remaining two projects (b & c) are a part of the Road Bond Program.

INFORMATION TECHNOLOGY

7. Consider and take necessary action to approve a purchasing agreement with Motorola Solutions, Inc. via the State of Texas DIR contract for electronic ticketing for a total of $77,174.97 over five years and authorize the county judge to sign all related documentation.

Comments: The corrected cost $105,661.17 over 5 years.

Electronic ticketing increases the efficiency of a traffic stop as well as capture the pertinent information for the State Mandated Racial Profiling Reports. Currently, our law enforcement entities are using two products to handle their field work.  Eliminating the CopSync product and using Spillman’s electronic ticketing system creates more efficiency for the law enforcement departments and it is a cost savings.

Previously, the ticketing service used was CopSync.  Motorola Solutions offered a ticketing system within their Spillman product. The Sheriff’s Office and Constable Precinct 1,2,3 & 5 have opted to move over to Motorola’s electronic ticketing system. Constable Precinct 4 has been using CopSync the longest and will remain with CopSync until the end of the year. The cost will be $3,900 for CopSync. The products will not create more work for IT. This decision needed to be made now because the renewal for CopSync is March 7th. These costs fall under the IT budget. Animal Control and the Fire Marshal also write tickets and will use the Spillman electronic ticketing system.

Cost Breakdown:
Implementation Cost for Spillman are $58,184.17 and year 1 subscription fee is $9,495.40 for a total of $67,679.57 in year 1.
Year 2 – 5 are $9,495.40 annually for a 5-year total of $105,661.17.
Overall savings to the county of $164,338.83.

SHERIFF’S OFFICE
 
8. Consider and take necessary action to approve the purchase of FARO Tech software and equipment from FARO Technologies, Inc. for a total of $92,084.44, approve a discretionary exemption pursuant to Texas Local Government Code 262.024(a)(7) and authorize the county judge to sign all related documentation.
 
Comments: The 1st component is $25,736.05 and the 2nd component is $92,084.44. Captain Justin Hall explained that this is a crime scene mapping solution product. Both are 3D scanners to map crime scenes. This is a technology upgrade of the more manual tools used before to map crime scenes.  This does qualify for a discretionary exemption under Texas Local Government Code 262.024(a)(7) meaning it is exempt from the requirement to get competitive bids when the purchase exceeds the amount of $50,000 when the item can only be obtained through one source. FARO is the only brand which offers this small hand scanner tool so it is the sole source for this product.

9. Consider and take necessary action to approve the Smith County Sheriff’s Office to apply for the Rifle-Resistant Body Armor Grant Program for FY 2026 through the Governor’s Office, and to authorize the county judge to sign all related documentation.
 
Comments: The Sheriff’s Office is applying for grant funds.  The funds, if awarded, will go towards the purchase of Rifle-Resistant Body Armor. Let me start with clarifying that I fully support our law enforcement having all the protections they need to prevent loss of our LEOs. The Court’s agenda had Sheriff Smith as the speaker for this item and I had some questions regarding the terms of this grant.  
 
About the Grant:
All grants come with stipulations. If you accept the grant funds, you must abide by their terms.  There can be defined penalties if you do not conform to the terms. Misuse of grant funds has been identified in multiple organizations, not just with the government.  There is cause for clarification in order to protect the taxpayer dollars.  This specific grant from the Office of the Governor, Public Safety Office states:

1. Notify DHS of all information requested by DHS related to illegal aliens in Agency’s custody; and
2. Detain such illegal aliens in accordance with requests by DHS.

1. Notify DHS of all information requested by DHS related to illegal aliens in Agency’s custody; and
2. Detain such illegal aliens in accordance with requests by DHS

1. Require or authorize the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or 
2. Impede federal officers from exercising authority under 8 U.S.C. § 1226(a),§ 1226(c), § 1231(a), § 1357(a), § 1366(1), or § 1366(3).

Sheriff Larry Smith held a “town hall” on 2/6/25 at the El Norteño Restaurant. Commissioner Herod and I attended this meeting. I did not see Judge Franklin, Commissioner John Moore or Commissioner Caraway although they may have been present.

The following comments are from a transcript of the meeting. It is a lengthy piece but these points are what prompted my questions for this agenda item.  

Sheriff Smith: “I will say, however, that whether it be a citizen of the United States of America, born or immigrated here, either one, doesn’t make any difference, or an undocumented immigrant of any nationality, should they commit any serious crime, especially one of violence, they will be taken into custody immediately. In the case of an undocumented immigrant, specifically here in Smith County, I have placed that bar at a driving while intoxicated offense or higher, and that’s at our 287G program, which is the jail model, it’s the only program we have as of December 2012. And what that means is, if you’re out here, and we see this happen all the time, so this is one that really you need to know about. You get red and blue lights turned on when you’re in your vehicle. If somebody doesn’t have a driver’s license, especially some of these kids, 17, 18 years old, their first thing is, ‘I’m going to run’. That’s a felony. That’s the wrong thing to do. If you would have stopped and got your ticket for no driver’s license, you would not end up in a Smith County jail or any other jail here. You would get a citation, and it’s not at the Class B misdemeanor or higher unless you do run, so you have no trouble. But if you run, it’s automatic. You’re going to, ICE is going to come pick you up if you’re undocumented or otherwise. So that’s the kind of things I want to get you to understand and get your children to understand, where they know they’re not scared to go to work, they’re not scared to go to school, go to church, and things of that nature.”
 
Sheriff Smith: “If they’re arrested, for instance, and I can’t dictate what Tyler PD does. Say Tyler PD instanters, which they arrest on sight for no driver’s license. They can do that. We don’t do that. We write a citation. They can arrest on sight. They bring them into our jail. They do not fit in the ICE process we have because it’s not a Class B misdemeanor or above, a DWI or above, so they pay a fine, they pay bond, and they get out and go to court.”

Participant asks: “Are you all allowed here to arrest somebody who gets a no-driver license?”

Sheriff Smith: “They can, but our policy is very tough. If anybody with a no-driver license gets a citation and is asked to come back to Justice Court, City Court, whatever court, whichever … if they did arrest them Jose for a no-driver license, they still, once they get to the facility of the jail, they’re not going to go through the immigration process.”
 

Participant explains that Angelina County does arrest for no driver’s license.
 
Sheriff Smith: “I would go around Angelina County.”

Participant (I believe he is named Jose and may work as an immigration attorney.): ”That is an internal policy and you have the constitutional right to do it under Texas law and we as immigrants understand that right but we just want to know what are y’all going to do until we can educate our community because it might be Harrison County we know that they’re going to arrest you for no driver license and we know they’re going to call immigration because that’s their policy and it’s their right to, because it’s a political decision. And you’re saying you don’t. So that’s why we need that information, so we know your policies in those situations. And so that’s kind of the biggest concern that we have as a community. And that’s just basic policy questions from you, so we know. You know, because you’re different, Larry might be different, and I’m sure everyone here is. And that’s y’all’s right, but we just need to know. You know?”
 
Sheriff Smith: “I’m trying to inform you about what we’re going to do here. And these sheriffs, if you want to talk to any one of them, they’ll be able to stay here as long as you want to talk to them.”

Participant: “I’m saying because that’s one of the, and I’ve done immigration 27 years in criminal. That’s one way that I see immigrants being in jail is for no driver’s license, because they can’t control that. So that’s why it’s in the. It’s important. The other question I have for you, and you might not be able to answer because it deals more with the probation department. Are y’all doing anything to work in the probation department that allow immigration to come to the probation department and look for people that are undocumented? And are they going to stop? Are they going to arrest them or detain them? Are y’all involved in that way? Because that’s also a policy decision from the probation.”
 
Sheriff Smith: “No. Jose, as you know, the probation office and the probation officers work for the court. They don’t work for me. All I can speak on today is those employees that work for me and what our policy and procedure here at the Smith County Sheriff’s Office is going to be. And I will tell you, my policy and procedure has not deviated since I took office on January 1st of 2013, nor will it.”  

Participant (Jose): “We’ve been friends for a while, and you’ve been very helpful in clarifying the way. I understand, even though we disagree on some policies, but I think it’s important that y’all share those. And I want to make sure that any other sheriffs that are on the panel from different counties. If they agree with you or there’s some little difference from their counties, so we’re aware of, because on my radio show, if I know Wood County is arresting everybody for no driver license and they’re going to call immigration, then I better let my community know that when they go through that county, they better get a heads up. So that’s why I want to know, are all the sheriffs involved, I mean, agree with you, or do they have their own preference?”
 
Sheriff Smith: “Right, good question. I’m just going to go ahead and ask the question of these guys up here right now. Now, so far, has anything deviated from y’all’s policy and procedure that you’re going to follow from what I’ve answered here on this sheet?
Any of you here? You heard it. These are all Northeast Texas sheriffs that I’ve gotten together because I didn’t want to come here…I wanted y’all to have the opportunity.”
{Panel consisted of: John Wayne Valdez-Rusk County Sheriff, Kerry W. Cole-Wood County Sheriff, Jack Martin-Morris County Sheriff and Executive Director of the Sheriff’s Association of Texas-Thomas Kerss}
 
Sheriff Smith: “We don’t arrest for speed. And we don’t arrest for speeding or don’t arrest for no drivers license. So that would not fit in there. And we’re not going to go asking for anybody’s green card or anything in the car. We’re there for a state violation.”

Participant asks: “So my question is, because of that, There’s Texans, immigrants here in Texas, that go to those states and get a driver’s license and bring them back in case they do get stopped. So my question is, if one of your individuals, your deputies, or you stop somebody and they don’t have a Texas driver’s license, but they have a New Mexico or California driver’s license, what will your deputy do? Is there a procedure process? And if you’re going to arrest them just because they don’t have a Texas driver’s license?”
 
Sheriff Smith: “No, again, we’re not going to arrest for no driver’s license or that sort of thing. That’s going to make us think of other things if they have one from California or whatever. Our field interview questions are going to go towards that. What did you do in California? Well, I just went there to get a driver’s license. I came back to Texas. But are we going to write a ticket for it or whatever? They’ll get a ticket for no driver’s license because they don’t have a legitimate driver’s license because they never lived there. But they won’t be arrested.”
 
Sheriff Smith: “And if you’re not DWI or Class B across the board or above, you have nothing to worry about”
 
Sheriff Smith: “We do citations, but we have a… Two-thirds of ours are warning because we want voluntary compliance. We don’t want to cost people money and food out of their kids’ mouths. And we want compliance of the law. We don’t want to punish people because they didn’t follow the law.”
 
Sheriff Smith: “If Tyler P.D. did arrest them, they’re not going to be, they’re going to probably have a $50 to $250 bond is all they have to make to get out of jail. They will not be run through the process.”

I would like to encourage you to watch the entire video to get the full scope of the Sheriff’s panel. 
 
The current law that I referenced in our Commissioners Court meeting is:

Texas Government Code Title 7 – Intergovernmental Relations,
Chapter 752 – Immigration,
Subchapter C – Enforcement of State and Federal Immigration Laws by Local Entities and Campus Police Departments
Sec. 752.053. POLICIES AND ACTIONS REGARDING IMMIGRATION ENFORCEMENT.
 

• (a) A local entity or campus police department may not:

1. adopt, enforce, or endorse a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws;
2. as demonstrated by pattern or practice, prohibit or materially limit the enforcement of immigration laws; or
3. for an entity that is a law enforcement agency or for a department, as demonstrated by pattern or practice, intentionally violate Article 2.251, Code of Criminal Procedure.

• (b) In compliance with Subsection (a), a local entity or campus police department may not prohibit or materially limit a person who is a commissioned peace officer described by Article 2.12, Code of Criminal Procedure, a corrections officer, a booking clerk, a magistrate, or a district attorney, criminal district attorney, or other prosecuting attorney and who is employed by or otherwise under the direction or control of the entity or department from doing any of the following:

1. inquiring into the immigration status of a person under a lawful detention or under arrest;

I am not a lawyer nor am I law enforcement. I am a commissioner and have a Constitutional duty to oversee the spending of your tax dollars. The grant terms outlined that the county would be responsible for repaying the grant funds if the Sheriff’s Office did not perform as stated. I made it very clear in the first meeting of the Commissioners Court that I would be asking more questions. The public can not do anything about what they don’t know. I have a duty to ask questions in this public setting – whether I asked the questions behind the closed doors or not. When we have a Commissioners Court meeting, we are to conduct the business of the county in the open, for the public to know and understand where their tax dollars are being used and the services rendered for their tax dollars. After the Sheriff’s Town Hall, I received an ample amount of phone calls and texts from concerned citizens regarding the statements by our Sheriff. I heard from immigration subject matter experts that were also concerned that our Sheriff was not in compliance with TX Government Code Chapter 752.053.

In the Commissioners Court Meeting:
The agenda showed that Sheriff Smith would speak to this grant application, and I simply wanted clarification on his policy vs. DHS policy that is coming out of Washington. I made a motion to table the item until the next meeting of the Commissioners Court because Sheriff Smith was not present in court when the agenda item came up. The Sheriff is the head of the law enforcement office, and it was his policy that I had questions on. Through some follow up questions by the court with other department representatives, it was noted that there were only two days left (Thursday, 2/13) to submit the application.

While the grant did not have language regarding the award amount, it was noted that they were applying for 80 Rifle Resistant vests at $1200/each. That comes to a price tag of $96,000.

During the discussion, the Sheriff sent a text to Judge Franklin that indicated he would be in court soon.  Judge Franklin passed on the agenda item until the end of the agenda when the Sheriff would be present.

The Sheriff returned between Agenda Item 13 & 14 during the Commissioners Court meeting to answer questions on Agenda Item 9. I wanted to get some clarity because of the grant language quoted below:
 
“Lastly, we certify that Grantee and Agency will comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code.”

We took up the agenda item again and the Sheriff’s response overall was that he assured everyone that he was in compliance. 

On the following Wednesday, February 12th, I booked a follow up meeting with the Sheriff for 4:30 PM but unfortunately, he had to cancel before our appointed meeting time. 

On Thursday, February 13th, the Sheriff held a press conference to address the local news media when he issued an apology letter for the Town Hall. You can find the letter on the Smith County Sheriff’s Facebook page and through press releases to the local news media outlets. The article states that “During the press conference, Sheriff Smith retracted his broader apology and stated he was only apologizing to Abbott for the “noise” the town hall had stirred.” You can watch the Sheriff’s press conference here:

I appreciate the Sheriff’s apology to our citizens, President Trump, Border Czar Tom Homan and Governor Abbott. He provided a little more clarity for our citizens in his statement. The border is a priority issue that Texans are very concerned about and that was made very clear during the election cycle. We know that Biden’s open border policy created a substantial threat to the public’s safety and a tremendous strain on their tax dollars. In Commissioner’s Court, I wanted clarity from the Sheriff to reconcile his previous public statements on his own internal policy for the Smith County Sheriff’s Office with the policy of DHS that were on the terms of the grant. Our citizens want to know that their Sheriff is going to implement the Trump Administration’s policies to the letter so we can live in a safer Smith County and our tax dollars are not being abused.  

His apology still leaves me with questions for our citizen’s safety. 

If a traffic stop occurs and the driver of the vehicle does not have a Driver’s License, State ID or documents reflecting their immigration status, the Sheriff’s policy, as he explained, doesn’t allow for an officer to request immigration status but they are directed to issue a citation and release the unidentifiable individual back onto the roadways and hope they show up for their court date. Wouldn’t we want to make sure that the individual legally detained on the side of the road was not one of the wanted illegal aliens, such as the Tren De Aragua gang members or ISIS terrorists?  I know we are all concerned about the citizen’s safety against the bad actors that have crossed the border. I anticipate more information to come from our Sheriff in the coming months.
 
It is my understanding that on February 20th, the Sheriff’s Office has joined ICE’s 287(g) Task Force Model, a program that allows ICE to collaborate with local law enforcement to identify and remove illegal aliens. You can read the news article here:

Ultimately, we unanimously approved the application for the grant. There wasn’t a doubt in my mind that we would all be in support of the funding purpose for rifle grade body armor. The law enforcement officer’s safety is paramount knowing their life is on the line with every public encounter that they respond to across Smith County. We appreciate their willingness to serve the citizens in Smith County to the very best of their ability. And as the Trump Administration implements the plan to protect the American people against invasion, I believe that our Sheriff’s Office will work to make Smith County a safer place to live.  

ROAD AND BRIDGE
 
10. Consider and take necessary action to approve an Interlocal Cooperation Agreement for Stormwater Management between the City of Tyler and Smith County.
 
Comments: It is a requirement to renew the stormwater permit every 5 years. This agreement is part of the Stormwater permit. We share the duty of stormwater management with the City of Tyler. 

FCIC
 
11. Consider and take necessary action to approve an updated lease agreement between Smith County and Commercial Vehicle Leasing, L.L.C., d/b/a D&M Leasing for FCIC vehicles and authorize the county judge to sign all necessary documentation.
 
Comments: There had to be amendments to the lease due to upfitting of the vehicles. It will increase the lease not to exceed $17251.98 for the equipment.  They are working with D&M still and the amount may decrease by $1000.  The funding for this comes from the state for the FCIC. 

TAX OFFICE
 
12. Consider and take necessary action to approve tax refunds in excess of $2,500, pursuant to Texas Tax Code 31.11 and authorize the county judge to sign all related documentation.
 
Comments: Amount of refund to Target Corporation is $231,303.48. Amount of refund to KPE Realty in the amount of $8,852.54. These are for overpayment of their taxes.

COUNTY COURT AT LAW #3
 
13. Consider and take necessary action to approve the County Court at Law #3 Judge, one time exception, request to increase pay by $7,172 based on the level of experience.
 
Comments: Employee has been with the county for 2 years but has previous experience in her field of 30 years. This individual is a Certified Court Manager by the Texas Association for Court Administration. This is a pay increase from Court Administrator 1 at $61,700 to Court Administrator 2 at $68,872. Total cost increase of $7,172.

CONSTABLE – PCT5
 
14. Consider and take necessary action to approve a lease agreement for 60 months between Axon Enterprise,Inc. and Smith County utilizing Buyboard Contract 698-23 for Constable Precinct 5 with an annual cost of $3,899.52 and authorize the county judge to sign all related documentation.
 
Comments: The Axon Taser 10 is a less lethal option to use in the field. The contract is for 60 months at a cost of $3,899.52 annually. The batteries on tasers deplete over time and leasing rather than buying them is a better option for law enforcement. Total cost is $19,497.60.

RECURRING BUSINESS

COMMISSIONERS COURT
 
15. Receive monthly reports from Smith County departments.
 
Comments: I’m still working on getting these brought before the court.  Please take a look at the packet that is posted on my website for this week’s report to review the department reports. I think you will be impressed with the detail you can find on the overall productivity of each department.

ROAD AND BRIDGE
 
16. Consider and take necessary action to authorize the county judge to sign the:
 
a. Re-Plat for Circle R Ranch, Lots 2 and 3, Precinct 3,
b. Final Plat for the Pautsky Subdivision, Precinct 3,
c. Final Plat for the William Short Subdivision, Precinct 2, and
d. Re-Plat for Wild Estates, Unit II, Precinct 3.
 
17. Receive pipe and/or utility line installation request (notice only):
 
a. County Road 383, Texas Land Company, install water line, Precinct 3,
b. County Road 1143, CenterPoint Energy, install service line, Precinct 4,
c. County Road 24, 25, 2208, Charter-Spectrum, install underground fiber optic cable with pedestals and vaults, Precinct 3,
d. County Road 21, 23, 26, 234, 2265, Charter-Spectrum, install underground fiber optic cable with pedestals and vaults, Precinct 3,
e. County Road 246 S, Charter-Spectrum, install pole with power supply, Precinct 2,
f. County Road 370, 3100, 3101, Charter-Spectrum, install underground fiber optic cable with vaults, Precinct 3, and
g. County Road 38, 391, 392, 3174, 396, 395, Charter-Spectrum, install aerial and underground fiber optic cable with vaults and pedestals, Precinct 3.
 
Comments:
A “notice only” item does not require a vote.

AUDITOR’S OFFICE
 
18. Consider and take necessary action to approve and/or ratify payment of accounts, bills, payroll, transfer of funds, amendments, and health claims.

EXECUTIVE SESSION: For purposes permitted by Texas Government Code, Chapter 551, entitled Open Meetings, Sections 55 l.071, 55 l.072, 551.073, 551.074, 551.0745, 551.075, and 551.076. The Commissioners Court reserves the right to exercise its discretion and may convene in executive session as authorized by the Texas Government Code, Section 551.071, et seq., on any of the items listed on its formal or briefing agendas.
 
SECTION 551.074 PERSONNEL MATTERS
SECTION 551.071 CONSULTATION WITH ATTORNEY
 
19. Deliberation and consultation with Attorney regarding the appointment, employment, assignment, duties, and complaints regarding public officers or employees.

ADJOURN