Close on the heels of a similar statement earlier this week from Brownsville City Commissioner Tino Villarreal, and in response to a large volume of public feedback over a scheduled election on whether to incorporate SpaceX’s Starbase as a Type C municipality, Cameron County on Friday released its own statement attempting to clarify what’s happening.
SpaceX/Starbase submitted a petition to the county on Dec. 12 that satisfied the Texas Local Government Code’s requirements for the calling of an election by residents to decide incorporation. A Type C municipality contains between 201 and 4,999 residents. County Judge Eddie Trevino Jr. announced the scheduling of the Starbase incorporation election for May 3 to coincide with the General Election.
Not everyone was pleased to hear the news, especially the percentage of county residents who already disagreed with what SpaceX is doing at Boca Chica.
“The Office of the Cameron County Judge has received numerous questions regarding the order calling for an incorporation election for Starbase,” the county’s statement reads. “In an effort to provide additional information and clarity on some of the state statutes, some of these questions have been compiled.”
The first question addressed is whether the county judge “has a choice” when it comes to calling an incorporation election. The answer is “no,” since county judges — Trevino in this case — are required under Texas Local Government Code 8.003 to call the an incorporation election when all statutory requirements have been met.
As for who gets to vote in the election, only registered voters who reside within the geographical boundaries of the area to be incorporated (Starbase) can vote, so only Starbase residents can vote, the county said.
The county added that an election for Starbase municipal officials will also take place on May 3.
“The election for city officials will be held at the same time,” the county said. “Any registered voter who meets the qualification for candidacy set forth by the Texas Election Code, resides in the boundaries and files an application at our office by the deadline of March 3 … is eligible to run.”
If voters approve Starbase incorporation, the county judge is required to recognize Starbase as a Type C municipality, while Starbase itself will be required to “follow all state and federal statutes that regulate municipalities such as electing officials, conducting open meetings, responding to public information requests, providing emergency and support services, etc.,” according to the statement.
The county also emphasized that Starbase, if it becomes a municipality, will not be able to close S.H. 4 and Boca Chica Beach anytime they feel like it. That authority belongs to the county alone, according to the statement.
“Under Texas Natural Resources Code 61.132, Cameron County has the authority to temporarily close the beach to protect the public health, safety and welfare,” according to the statement.
City Commissioner Villarreal told The Brownsville Herald on Thursday that his understanding is that SpaceX is in Austin lobbying for the state to take over that authority, adding that the mayor and city commission consider SpaceX a “phenomenal partner.”
Maps of the proposed Starbase incorporation area can be found at MyRGV.com.
Judge Trevino could not be reached for comment as of press time.
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