Land protection commission fails
Posted/updated on: June 4, 2026 at 3:23 am
TYLER — A debate over how East Texans should protect their land and water came to a head Tuesday, when the Smith County Commissioners Court split 2–2 on whether to form a subregional commission with Van Zandt County — effectively killing the proposal, according to our news partner KETK. After being tabled multiple times, the measure returned for a vote and resulted in a split 2–2 decision. As the court could not reach a majority, the effort to create the subregional commission failed.
FOR: Precinct 1 Commissioner Christina Drewry, Precinct 3 Commissioner J. Scott Herod
AGAINST: Smith County Judge Neal Franklin, Precinct 4 Commissioner Ralph E. Caraway
*Precinct 2 Commissioner John Moore was not present.
What the 391 Commission Would Have Done
The subregional commission, which would have been formed under Chapter 391 of the Texas Local Government Code, was proposed by Van Zandt County to address citizens’ concerns as new infrastructure pressures from growing industries look to utilize land and natural resources in the area.
Van Zandt County commissioners asked Smith County to join a subregional commission with the intention to create a council that would oversee and assess the possible creation of industrial farms, centers and units in the region.
Concerns About Overlapping With ETCOG
At Tuesday’s meeting, concerns were raised regarding the new commission’s potential to encroach on the already existing subregional commission, East Texas Council of Governments (ETCOG). ETCOG Executive Director David Cleveland presented the court with what the existing council can do and provide insight for the commissioners’ decision, highlighting that a new commission would be a layer atop ETCOG if passed.
According to its website, ETCOG serves as a “bridge between federal, state and local governments, helping cities and counties solve challenges and impact the future regionally.”
Smith County Judge Neal Franklin, who voted against the passage of the commission, says all that can be done in a new commission is already structured and established with ETCOG. Utilizing ETCOG and its resources “seems like a really good fit,” he said.
“I believe that we can do what we need to do through ETCOG,” Franklin said as he explained his opposition on Tuesday. “I’ve spoken with other judges in the region, not just in Van Zandt County, they feel like the ETCOG would be a great way to go with this is. I have gotten nothing but quick movement from them — when we did the water issue — that probably is the best way to go. I believe that this is a route we can go, and it’s already formed. All those things I believe are already established and we will work at that.”
In an interview with KETK News on Wendesday, Franklin said since the proposed commission’s dismissal, ETCOG and the county have already begun working toward addressing concerns of new projects possibly using natural resources in the area.
“They were formed a long time ago, so they already have staff,” Franklin said about ETCOG. “They already are wide-reaching in 14 counties. We already have people on committees already assigned. They’ve got money. They’ve got relationships with all these other entities.”
Dissenting View: “Citizens Need Their Own Voice”
Precinct 1 Commissioner Christina Drewry voted for the new commission, raising questions about ETCOG’s ability to address the concerns. In a statement issued on social media by Drewry, she reasons that the region needs a more focused commission:
“ETCOG is not elected by the people,” Drewry said in her statement. “They serve governments, not citizens. ETCOG does not offer the same focused power. According to their own mission statement, they are ‘a voluntary association of counties, cities, school districts and special districts’ that exists to assist local governments and their elected officials. Their ‘Vision’ is to help their ‘members’ — who are elected officials — accomplish their goals.”
Across the region, citizens are speaking out about proposed artificial intelligence data centers and planned projects that could jeopardize water and land resources in the area. Earlier this year, the Van Zandt County Commissioners Court paused all planning of energy projects in the county.
Drewry said that the commission would have been a “citizen empowerment tool that gives everyday residents a real voice alongside their elected representatives.”
“You deserve a strong voice that actually fights for you instead of deferring to unelected bureaucrats in Kilgore,” Drewry said. “That is why I fought for this 391 Commission. It keeps power where it belongs: with elected officials who are directly accountable to the people, not with unelected regional planners.”
What Happens Next
Franklin says the issue of water rights concerns everyone, citizens and local officials alike.
“We’re concerned as well,” Franklin said. “I don’t want something coming in and going into a neighborhood — I don’t want any of our citizens to be bothered by noise or pollution. I wanna make sure that anything that comes in is not abusing our water.”ke sure that anything that comes in is not abusing our water.”
Though the new commission did not pass and the issue will be forwarded to ETCOG, Franklin said he is not opposed to revisiting the need for a focused commission in the future, if needed.
“We’re always open,” Franklin said. “If somebody comes forward and says, ‘Hey, I’d like you to join,’ whatever it is, whether it’s 391 commission or something else in an effort, we’re gonna look at it, we’re gonna talk over it in court and do the best for our community.”
