By: James Matlock
In an era of rapid industrial and energy development that often prioritizes large-scale projects over rural communities, two Texas counties have demonstrated that existing constitutional principles and state statutes still give citizens and local governments real tools to defend themselves. Van Zandt County has advanced the use of a Chapter 391 regional (or subregional) planning commission. Jack County has shown how Chapter 87 of the Local Government Code—sometimes referenced as Rule 87—can be used to establish just cause for the removal of an elected county official. Both actions rest on the same foundational duty: elected representatives swear to protect, defend, and uphold the blessings of life, liberty, and property for Americans and our posterity against all enemies, foreign and domestic, without mental reservation or evasion.
These are not abstract theories. They are practical precedents that other counties can study and adapt.
Van Zandt County and the Chapter 391 Commission
Texas Local Government Code Chapter 391 authorizes local governmental units—counties and municipalities—to join together to improve the health, safety, and general welfare of their residents and to plan for future development. The statute’s purpose includes coordinating planning for transportation, utilities, health, recreation, agriculture, industry, residential surroundings, historical values, and the efficient use of public funds. A commission created under the chapter can make studies and plans, eliminate duplication, and promote economy and efficiency. Importantly, it does not itself enact laws or ordinances; it creates a formal regional platform for information-sharing, coordinated review, and engagement with state and federal agencies.
Van Zandt County leaders recognized this little-known tool as a way for rural communities to gain a stronger, unified voice when large projects arrive. County Judge Andy Reese and commissioners have pursued a subregional Chapter 391 planning commission specifically to study the potential impacts of battery energy storage systems (BESS), solar farms, data centers, and related developments on citizen safety, the rural lifestyle, water resources, and local infrastructure. In February 2025 the Commissioners Court passed a resolution authorizing participation and initially sought a partnership with Rains County. After leadership changes there, the effort shifted toward Smith County. That partnership failed on a 2-2 vote in Smith County’s Commissioners Court in early June 2026. Van Zandt officials stated they would continue looking for another partner county that shares concerns about safety, rural character, and the risks posed by certain green-energy and BESS facilities. Commissioner Cliff Williams noted that a united group of counties asking state agencies for information carries more weight than a single county acting alone.
Local municipalities within Van Zandt, such as Grand Saline, have also passed resolutions supporting the creation of a Van Zandt County Environmental Sub-Regional Planning Commission focused on health, safety, welfare, and study of BESS, wind, and solar systems. The approach is deliberate: use existing statute to coordinate scrutiny, request agency review and comment, and give rural counties a formal channel to address projects that may affect fire risk, water, infrastructure, and community character—without waiting for Austin to act.
Jack County and Chapter 87 (Rule 87) Removal
Texas Local Government Code Chapter 87 provides a statutory process for the removal of certain county officers by petition and trial. Officers subject to the process include county judges, county commissioners, county clerks, sheriffs, justices of the peace, and other specified county officials. Grounds include incompetency (gross ignorance of duties or gross carelessness), official misconduct (intentional, unlawful behavior relating to official duties, including intentional or corrupt failure or neglect to perform a duty imposed by law), or intoxication under defined circumstances. A proceeding begins with a written petition filed in district court by a resident who has lived in the county for at least six months and is not under indictment. The petition must state the grounds clearly and cite the time and place of the alleged acts. Removal requires a trial by jury conducted in the name of the State of Texas.
Jack County has used this framework to demonstrate just cause for the removal of an elected representative of the county. By invoking the petition-and-trial process under Chapter 87, residents and the legal system put an official’s conduct under formal scrutiny rather than leaving accountability solely to the next election cycle. The process is deliberate and evidence-based: it requires sworn allegations, service on the officer, and a jury finding on the specific grounds alleged. It exists precisely so that communities are not powerless when an elected official’s actions are alleged to fall short of the duties of the office.
(Note: Public reporting has also documented a separate 2026 lawsuit by the North Texas Heritage Association against Jack County officials alleging Texas Open Meetings Act violations in connection with discussions of tax treatment for a proposed data-center project. That litigation is distinct from a Chapter 87 removal proceeding, but it illustrates the same broader pattern of local residents using available legal tools when they believe county actions threaten local interests.)
The Oath and the Duty It Imposes
Every elected and appointed officer in Texas takes an oath grounded in Article XVI, Section 1 of the Texas Constitution: to faithfully execute the duties of the office and to preserve, protect, and defend the Constitution and laws of the United States and of this State. That oath merely states that I will protect, defend, and uphold the blessings of life, liberty, and property for ourselves (Americans) and our posterity (future generations) against all enemies, foreign and domestic, without mental reservation or evasion. Life, liberty, and property are not abstract slogans; they are the tangible stakes when decisions affect water, land use, public safety, tax burdens, and the character of a place future generations will inherit.
When officials treat large industrial or energy projects as inevitable, or when processes appear to sidestep public notice and scrutiny, residents in Van Zandt and Jack Counties have answered by using the statutes already on the books. That is the opposite of evasion. It is the fulfillment of the duty to defend those blessings.
Call to Action: Politics Starts Local
These two counties have shown that the tools exist. Chapter 391 commissions give neighboring counties and cities a formal way to study impacts, coordinate information requests to agencies, and speak with a louder collective voice on projects that cross jurisdictional lines. Chapter 87 gives residents a petition-and-jury path to test allegations of incompetency or official misconduct when the ordinary political process is insufficient. Neither tool is automatic or easy; both require organization, documentation, persistence, and respect for legal process.
The broader lesson is simple and urgent: politics starts local. County commissioners courts, county judges, and local officials make decisions that directly affect water, land, taxes, roads, and safety. Citizens who attend meetings, form or support planning commissions, document alleged misconduct with specificity, and use the statutory removal process when warranted can change outcomes. Waiting for the next statewide election or for Austin to notice a rural county’s concerns has proven inadequate for many communities facing rapid development pressures.
Every county in Texas can examine the Van Zandt and Jack County examples. Form or join a Chapter 391 commission where regional scrutiny of major projects is needed. Learn the exact requirements of Chapter 87 and use it only when the evidence supports just cause. Hold elected representatives to the oath they took. Defend life, liberty, and property for this generation and the next—without mental reservation or evasion. The statutes are already written. The precedents are being set. The rest is engagement at the courthouse and in the community.
