Fort Bend County's two boycotting commissioners returned Monday, Aug. 24, to cast the votes needed for a tax reinvestment zone tied to Tesla's proposed $10 billion solar plant. But Commissioner Dexter McCoy signaled the walkout could resume before a Thursday, Sept. 10 tax-rate vote that requires four members present.

Commissioners McCoy and Grady Prestage attended a special meeting Monday, their first appearance at commissioners court in roughly two months. The meeting had a single voting item: creating the reinvestment zone that would allow businesses to receive property-tax breaks for future projects.

Interim County Judge Daniel Wong recused himself, citing his engineering firm's years-long business relationship with Tesla. The four commissioners then voted unanimously to establish the zone.

The reinvestment zone is a prerequisite for Tesla's "Project Crystal Sun," a proposed solar cell manufacturing facility on roughly 3,050 acres along FM 762 and FM 1994, south of the Brazos River in Prestage's Precinct 2. Tesla's tax-incentive application with the Texas Comptroller, reported by Electrek, lists a $10.1 billion investment and projects 9,712 permanent jobs by 2033. Commercial operations would begin in 2029 with about 1,942 employees, ramping up annually.

Tesla has not committed to Fort Bend County. The company told the Comptroller's Office it is still evaluating sites in multiple states.

Monday's vote clears one hurdle, but a fourth commissioners court vote will still be needed before any incentive agreement is finalized. The Texas Comptroller, the Governor's office and Lamar CISD must also sign off.

Boycott may resume

McCoy and Prestage began skipping meetings around June 17 after the civil lawsuit that placed Wong in office was dropped, raising questions about his authority. As previously reported, the boycott threatened the Tesla vote because Wong had pledged to recuse himself, leaving only three voting members. County Attorney Bridgette Smith-Lawson has sued Wong to challenge his continued service; that trial is set for November.

"If Mr. Wong can step aside to protect the integrity of a vote involving a company in which he has business interests, why won't he step aside to protect the interest and the integrity of the people's business?" McCoy said at Monday's meeting, according to ABC13.

Wong welcomed the commissioners back while asserting he remained the county judge running the meeting. McCoy refused to acknowledge Wong's authority, responding: "That is not what we are recognizing. We are here to move the people's business."

In a statement to ABC13 after the meeting, McCoy's office said the boycott would continue whenever Wong participates in county business. That puts the Thursday, Sept. 10 tax-rate adoption in jeopardy. Texas law requires four commissioners present to set the rate. If that quorum fails, the county defaults to the lower of its current rate or the no-new-revenue rate, which Commissioner Andy Meyers warned at an Aug. 13 meeting would eliminate a proposed cost-of-living raise for county employees.

County Auditor Ed Sturdivant has said the default rate could force the county to pause mobility, parks and flood-mitigation projects and require up to five years of financial recovery.

McCoy also flagged Item 30B on the Aug. 28 commissioners court agenda, which would establish a county Legal Department for fiscal year 2027. McCoy called it "political retribution directed at our independently elected county attorney, Bridgette Smith-Lawson," saying it would transfer her staff, funding and authority.

Smith-Lawson's office has 42 employees; about a dozen handle work outside the items listed on that agenda, according to ABC13's reporting.

Bobby Eberle, communications director for Wong's office, called the proposal revenue-neutral in a statement to ABC13 and denied it was retaliation, saying the move aims to remove politics from day-to-day legal operations.

Prestage's office did not respond to ABC13's request for comment.

The Aug. 28 meeting requires only three commissioners for a quorum, so it can proceed without McCoy and Prestage. The Thursday, Sept. 10 tax-rate vote cannot.