Fort Bend risks losing $10 billion project, thanks to the commissioners’ boycott

Project Crystal Sun, if approved could become one of Tesla’s biggest manufacturing investments in Texas, and a major expansion of its solar manufacturing capabilities. (Rendering courtesy Tesla)

The boycott of Fort Bend County Commissioners Court by Commissioners Grady Prestage and Dexter McCoy not only threatens to derail the county employees’ cost of living pay increase, but the county runs the risk of losing a $10 billion project.
Tesla is considering Fort Bend County for a proposed $10.1 billion solar manufacturing plant and has already asked Lamar Consolidated Independent School District for a property-tax abatement. The company is also expected to seek financial incentives from Fort Bend County as it weighs the site against competing locations.
According to published reports, Tesla’s Project Crystal Sun is proposed for roughly 3,050 acres along FM 762 and FM 1994 south of the Brazos River. The project would be a massive solar manufacturing facility that could bring nearly 10,000 jobs to Commissioner Prestage’s precinct in Fort Bend County. Tesla’s filings describe a manufacturing complex that would make solar cells and then use those cells to produce finished solar modules at the same facility.
When the project comes to commissioners court for possible tax incentives, under normal circumstances, three votes of the commissioners would suffice to approve it. But there is a catch. Daniel Wong, who is discharging the duties of county judge, will abstain from voting on this item because of a potential conflict of interest.
Wong’s engineering firm has worked with Tesla for at least 5 years on buildings the company has constructed, Wong said. “That relationship predates my appointment as county judge. To avoid any concerns arising from that business relationship, I will not participate in any county vote involving Tesla.”
If Tesla seeks the anticipated county tax abatement, three votes will be necessary to approve it. Wong’s decision to sit out means the county will need participation from at least one of the two commissioners who have been boycotting commissioners court.
McCoy, with his hard line political stance against Wong’s continuation as interim county judge, is unlikely to yield, but Prestage faces a greater dilemma because his failure to show up and vote for the project would be tantamount to his turning away a project creating 10,000 jobs in his own precinct. Especially since Wong would abstain from voting on this issue, Prestage will have no excuse to attend commissioners court.
With so much at stake, it remains to be seen whether Prestage will break ranks with fellow Democrat McCoy and attend commissioners court at least to vote on this Tesla tax abatement proposal. Or he could also persuade McCoy to attend the court just to vote on this item and the tax rate to enable the county pay a raise to its employees.
Prestage and McCoy have been boycotting commissioners court meetings over Wong’s continuation as county judge, based on the county attorney’s advice that Wong’s appointment ended when the civil removal petition against KP George was withdrawn.
The county attorney also opined that any action by commissioners court with Wong’s vote could be potentially subject litigation.
Meanwhile, Sarah Roberts, a Democrat, who filed the petition seeking to remove KP George as county judge, attempted to undo Wong’s continuation as county judge by filing a motion with the visiting judge, Jeth Jones, who appointed Wong after suspending George, to clarify his order.
Her attorney asked the judge to declare that by signing the Order of Nonsuit on April 17, the Court’s Temporary Appointment Order was “dissolved automatically,” and Wong is no longer the county judge.
On Aug. 10, Judge Jeth Jones denied the request to modify his earlier order appointing Wong and thus, in effect, let Wong remain in office until the end of the year.
At an Aug. 5 hearing, District Court Judge Edward Krenek considered County Attorney Bridgette Smith-Lawson’s motion to for an expedited status conference of her quo warranto petition seeking removal of Wong as interim county judge, and established that until there is a court declaration one way or the other, Wong will have the authority to act as county judge.
Judge Krenek, admitted into the court records, that the declaration by Fort Bend County Attorney Bridgette Smith-Lawson that Daniel Wong is not the county judge is “ineffective” and has “no legal effect.” Hedges acknowledged in court that Wong “is entitled to exercise the powers of the county judge.”
Besides these developments in favor of Wong, Wong’s attorney says under the Texas Constitution’s hold over clause, Wong will have to continue until a legally elected or appointed county judge take office.
Though no court has specifically ruled on the county’s attorney’s claim that Wong’s appointment has ended, Wong’s continuation in office for now has a legal backing. Consequently, the assertion by anyone that Wong is illegally occupying office or that the county’s financial future, budget and tax rate are at risk because of Wong is clinging to the county judge’s office lacks any credibility.
Tesla weighing Fort Bend against other locations
Fox Business reported that the project would create more than 9,700 permanent full-time jobs and 1,147 temporary construction jobs. The company reportedly hopes to begin construction this year, finish by 2028 and begin commercial operations in 2029, according to the report.
Tesla has not committed to building the facility in Fort Bend County. The company told the Texas Comptroller’s Office that it is “evaluating the feasibility” of building the solar-cell facility at locations in multiple states, according to Fox Business.
Tesla also warned state officials that Texas could “miss the opportunity to attract billions of dollars in investment” along with thousands of jobs if the project goes elsewhere, Fox Business reported. The company estimates it would pay about $1.1 billion in local property taxes over 37 years without incentives, according to Fox Business.
The Houston Business Journal first reported on Aug. 7 that Tesla was considering the $10 billion Fort Bend County solar-cell factory, noting that the proposal follows Tesla CEO Elon Musk’s comments about expanding domestic solar-cell manufacturing.