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Fate, TX – In the wake of the November 2024 election, where voters approved the City of Fate’s Department of Public Safety (DPS) bond initiative of $20,000,000.00, the Fate Tribune continues to face roadblocks in its quest for transparency regarding the bond’s development and internal discussions. The Tribune’s Open Records Request (ORR) for communications about the bond has been met with stiff resistance from the City’s legal representatives, who have withheld documents under the pretext of attorney-client privilege.

The City, represented by Michael Kallas of Messer & Fort, PLLC, claims that nearly all communications related to the bond initiative are exempt from disclosure under the Texas Government Code. However, the Tribune argues that this sweeping use of exemptions not only undermines the public’s right to know but also fails to meet the legal standards for confidentiality. The full response submitted by the Fate Tribune to the Texas Attorney General is included below, outlining their case for public access to these critical records.

The City’s Claim of Privilege

In a letter dated December 3, 2024, Assistant City Attorney Michael Kallas confirmed that the City requested a determination from the Texas Attorney General’s Office to withhold documents responsive to the ORR. The City argues that these records fall under attorney-client privilege and are therefore exempt from public disclosure under Section 552.107 of the Texas Government Code.

However, the Tribune’s initial review of the heavily redacted records provided by the City reveals that many communications do not involve legal counsel. Instead, emails between city employees and council members, in which legal representation was neither a participant nor copied, were also withheld under the same claim of privilege. This blanket redaction raises serious questions about the legitimacy of the City’s argument.

The Fate Tribune’s Response to the Attorney General

Yesterday, the Fate Tribune filed its formal response to the Attorney General of Texas, contesting the City’s reliance on attorney-client privilege. Editor Michael E. Pipkins argued the following points:

  1. Attorney-Client Privilege Requires Strict Confidentiality
    For communications to qualify for attorney-client privilege, they must remain confidential and involve only privileged parties. The City appears to have included individuals outside the scope of this relationship in their correspondence, breaking the chain of confidentiality and invalidating the claim of privilege.
  2. Waiver of Privilege Through Dissemination
    The inclusion of non-privileged individuals, such as certain city employees, in these communications constitutes a waiver of attorney-client privilege under Texas law. Without maintaining strict confidentiality, the City cannot rely on this exemption to withhold records.
  3. The Public’s Right to Know
    Public safety bonds involve taxpayer dollars and long-term financial obligations that demand accountability and transparency. The improper withholding of records undermines public trust and the democratic process.

The full text of the Fate Tribune’s response is as follows:


To: The Honorable Attorney General of Texas

The Fate Tribune respectfully submits this response in regard to the City of Fate’s request for exemption under Texas law, citing attorney-client privilege to withhold certain documents related to a bond proposal for the Department of Public Safety. Our position is that the City has failed to maintain the confidentiality necessary for the privilege to apply and thus cannot justify withholding these records from public scrutiny.

Summary of the Issue
The City of Fate received an Open Records Request (ORR) from the Fate Tribune seeking communications related to the proposed bond. While some records were provided, they were heavily redacted. Additionally, the City notified us of its intent to request an exemption from the Attorney General’s Office to withhold other documents under the attorney-client privilege exemption in the Texas Public Information Act (TPIA), codified in Texas Government Code §552.107.

However, based on the limited but redacted records we received, it is apparent that the City included individuals who are not direct participants in the attorney-client relationship in their communications. This undermines the privilege and renders the exemption inapplicable.

Legal Argument

  1. Attorney-Client Privilege Requires Strict Confidentiality
    Under Texas Government Code §552.107, communications may be withheld if they constitute confidential attorney-client communications. For this privilege to apply, the communication must:
    • Be made between privileged parties (e.g., the attorney and client or their agents acting within the scope of the privilege).
    • Be intended to remain confidential.
    The inclusion of individuals outside the scope of the attorney-client relationship vitiates the privilege. This principle is recognized under Texas law and general legal standards, including Rule 503 of the Texas Rules of Evidence.
  2. The City’s Actions Demonstrate a Waiver of Privilege
    A review of the redacted documents reveals that communications involving the City’s legal counsel were disseminated to parties who are not privileged participants, including city employees and possibly third parties whose roles do not establish them as agents within the attorney-client relationship. This dissemination breaks the chain of confidentiality and constitutes a waiver of the privilege.Texas courts consistently hold that the privilege is lost when a client voluntarily discloses the content of the communication to a third party, even if those individuals work for the client organization. To preserve the privilege within an organizational setting, the individuals involved must have a direct need to know the legal advice provided. Based on our examination, it appears that the City did not adhere to this standard.
  3. The Public’s Right to Know Outweighs Improper Claims of Privilege
    The TPIA presumes that government information is open to the public unless an applicable exemption applies. In cases involving public bonds, transparency is paramount, as such measures involve taxpayer funds and long-term obligations affecting the entire community. Improper withholding of information undermines public trust and the democratic process.If the City included unprivileged parties in its communications, its claim of exemption is not only legally deficient but also contrary to the spirit of transparency that underpins the TPIA.

Request for Relief
Given these facts, the Fate Tribune respectfully requests that the Office of the Attorney General deny the City of Fate’s request for exemption and compel the City to release the requested documents in their entirety.

Transparency in government is a cornerstone of our democracy, and the citizens of Fate deserve to understand the full context and rationale behind decisions regarding a public safety bond proposal.

Respectfully submitted,
Michael E. Pipkins
Editor, Fate Tribune


The Fight for Transparency

The Fate Tribune remains committed to holding the City of Fate accountable and ensuring that taxpayers have access to the information they are entitled to under the law. The outcome of this dispute will set a critical precedent for transparency in local government as cities across Texas grapple with similar issues of public trust.

The Tribune will continue to provide updates as the Attorney General evaluates the City’s request.

Letter from City Attorney to the Texas Attorney General

Michael Pipkins focuses on public integrity, governance, constitutional issues, and political developments affecting Texans. His investigative reporting covers public-record disputes, city-government controversies, campaign finance matters, and the use of public authority. Pipkins is a member of the Society of Professional Journalists (SPJ). As an SPJ member, Pipkins adheres to established principles of ethical reporting, including accuracy, fairness, source protection, and independent journalism.

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Election

$100 Million, No Winner: Cornyn and Paxton Head to High-Stakes Texas Senate Runoff

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Cartoon Caricature Cornyn & Paxton Boxing

Cost per Vote Calculated

TEXAS – After more than $100 million in political warfare, Texans woke up Wednesday morning to a simple reality, the Republican primary for U.S. Senate is not over. In fact, it may have only reached halftime.

Incumbent U.S. Sen. John Cornyn and Texas Attorney General Ken Paxton are now headed to a runoff election after neither candidate secured the majority required to win outright in Tuesday’s Republican primary. The contest, widely described as the most expensive Senate primary in American political history, will now stretch another two months before Republican voters decide the nominee.

As of publication, with roughly 94 percent of the vote counted, Cornyn held a narrow lead with 41.9 percent of the vote, totaling 897,187 ballots. Paxton followed closely with 40.7 percent, receiving 871,672 votes. U.S. Rep. Wesley Hunt finished third with 13.5 percent, or 289,403 votes.

Under Texas election law, a candidate must receive more than 50 percent of the vote to win a primary outright. When no candidate crosses that threshold, the top two candidates advance to a runoff election. That runoff is scheduled for May 26.

The results guarantee an extended political showdown between two figures representing sharply different visions of Republican leadership.

Paxton addressed supporters Tuesday night during an election watch event in Dallas hosted by the pro-Paxton Lone Star Liberty PAC. The attorney general framed the outcome as a rejection of the political establishment and a signal from grassroots voters across Texas.

Together with your support, we just sent a message loud and clear to Washington,” Paxton told the crowd. “Texas is not for sale.

Paxton also pointed to the massive financial disparity between the campaigns, arguing that despite overwhelming spending by groups aligned with the incumbent senator, Republican voters still rejected the status quo.

Nearly 60 percent of Texas voters, who have known Cornyn for over 40 years, after hearing $100 million worth of ads, chose to vote against the incumbent,” Paxton said. “That’s historic.

Cornyn did not host an election night event but briefly addressed reporters Tuesday evening as the vote count continued.

I’ve worked for decades to build the Republican Party, both here in Texas and nationally,” Cornyn said. “I refuse to allow a flawed, self-centered and shameless candidate like Ken Paxton risk everything we’ve worked so hard to build over these many years.

Cornyn’s campaign has consistently argued that Paxton represents a risk to the Republican Party’s electoral prospects, while Paxton’s supporters have framed the race as a battle between grassroots conservatives and Washington insiders.

Cornyn campaign spokesman Matt Mackowiak previously told reporters that the campaign would not hold an election night celebration because the team does not “do halftime parties.”

The Cost of Each Vote

The financial dynamics of the race reveal an even more striking contrast between the campaigns.

Based on available spending figures tied to advertising and campaign messaging efforts, Cornyn’s political operation and allied groups spent roughly $70 million supporting his campaign. Paxton’s campaign and aligned efforts spent approximately $4.1 million, while Hunt’s campaign spending totaled about $11.4 million.

When those spending totals are compared with the number of votes received, the results highlight a dramatic difference in campaign efficiency.

  • Cornyn’s spending equates to roughly $78.02 per vote, calculated by dividing $70 million by his 897,187 votes.
  • Paxton’s campaign achieved nearly the same vote total at dramatically lower cost, spending approximately $4.70 per vote to secure 871,672 votes.
  • Hunt’s campaign, which finished third, spent about $39.39 per vote, based on $11.4 million in spending and 289,403 votes.

In practical terms, Paxton’s campaign proved vastly more efficient at converting dollars into voter support, achieving almost the same vote share as Cornyn while spending only a fraction of the money.

Political analysts say the spending gap reflects heavy financial involvement by national Republican organizations and establishment political committees seeking to defend the incumbent senator.

Despite that financial advantage, the spending did not produce the decisive victory many expected.

Instead, it produced a runoff.

What Comes Next

The May 26 runoff now becomes the defining stage of the race. Historically, Texas runoff elections attract significantly lower voter turnout than primary elections, meaning campaigns must rely heavily on organization, messaging, and targeted voter mobilization.

Both candidates are expected to intensify campaigning across the state in the coming weeks, focusing on grassroots engagement, media messaging, and turnout operations.

The runoff will determine which candidate ultimately represents the Republican Party in the general election.

Opinion

One candidate’s role in Tuesday’s outcome should not be overlooked.

Congressman Wesley Hunt finished a distant third, but his presence in the race likely ensured that Paxton would not get the 50% needed to secure the nomination and may have now handed the election over to Cornyn.

It matters because Texas runoff elections tend to favor the campaign with the deeper pockets and stronger political machinery…that’s Cornyn. Cornyn’s access to national Republican fundraising networks and establishment political organizations could translate into a powerful turnout operation. Ground operations, voter targeting, and aggressive get-out-the-vote campaigns often determine the winner when turnout drops.

Paxton, by contrast, will rely heavily on grassroots enthusiasm among voters who see his candidacy as a challenge to what they view as a disconnected Washington political class. Cornyn is deeply hated by the electorate. The only question is, do they hate him enough to come out for a 2nd time to vote against him?

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Council

Two Open Council Seats, Plus A Recall That Could Reshape City Hall

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Harper & Kelley Not Running for Re-Election

FATE, TX – Fate voters are heading into a May 2 election that could fundamentally rearrange the city’s governing body.

Two City Council seats are open, with no incumbents seeking reelection. At the same time, residents will weigh a recall question targeting sitting Council Member Codi Chinn. If the recall succeeds, the newly seated council, whatever its composition after the election, would appoint someone to fill the resulting vacancy.

Taken together, the ballot presents more than routine municipal housekeeping. It presents a potential structural reset.

Who Is On The Ballot

For Council Member, Place 2, voters will choose between Lorna Grove and Ashley Rains. The seat is currently held by Mark Harper, who opted not to run for another term.

For Council Member, Place 3, Melinda McCarthy faces Allen Robbins, a former Fate councilman. That seat is currently held by Scott Kelley, who also chose not to seek reelection.

In addition, the ballot includes a recall measure concerning Council Member Codi Chinn. Under Texas municipal law, recall elections allow voters to decide whether an elected official should remain in office before the end of a term. If a majority supports removal, the position becomes vacant.

What Happens If The Recall Succeeds

If voters approve the recall, the City Council would be responsible for appointing a replacement to serve out the remainder of the term, unless the city council calls a special election. In Fate’s case, the council has authority to fill a vacancy by appointment.

That means the composition of the council immediately after May 2 will matter significantly. The same body that voters help shape at the ballot box would select the individual who fills the recalled member’s seat.

In practical terms, voters are not only choosing two new council members. They may also be indirectly influencing who could become a third.

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Election

New Poll Shows Crockett, Paxton Leading Texas Senate Primary Contests

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Jasmine Crockett Takes the Lead in Race with Talarico

Texas Senate Primaries Show Early Leads for Crockett and Paxton

AUSTIN, Texas – A new poll released by The Texas Tribune indicates that Jasmine Crockett and Ken Paxton are leading their respective primary races for the U.S. Senate seat in Texas. The survey, published on February 9, 2026, highlights the early momentum for both candidates as they vie for their party nominations in a closely watched election cycle. The results point to strong voter recognition and support for Crockett in the Democratic primary and Paxton in the Republican primary.

The poll, conducted among likely primary voters across the state, shows Crockett holding a significant lead over her Democratic challenger James Talarico, while Paxton maintains a commanding position among Republican contenders John Cornyn & Wesley Hunt.

According to the poll, Ken Paxton leads with 38 percent of likely GOP primary voters, pulling ahead of incumbent John Cornyn, who trails at 31 percent, while Wesley Hunt remains a distant third at 17 percent. The survey indicates Paxton would hold a commanding advantage in a runoff scenario and currently outperforms Cornyn across nearly every key Republican demographic group, with Latino voters the lone exception, where Cornyn maintains a seven-point edge.

Among Democrats, the poll shows Jasmine Crockett opening a notable lead, capturing 47 percent of likely primary voters compared to 39 percent for James Talarico—a meaningful shift from earlier polling that had Talarico in the lead. While still early, the numbers suggest momentum is consolidating ahead of primaries that will determine the general election matchups.

Jasmine Crockett, a sitting U.S. Representative whose district lines were redrawn out from under her, has responded to political extinction with a desperate lurch toward the U.S. Senate. Her campaign, widely criticized as race-baiting and grievance-driven, has leaned heavily on inflaming urban Democratic turnout while cloaking thin policy substance in fashionable slogans about healthcare and “equity.”

By contrast, Ken Paxton enters the race with a long, battle-tested record as Texas Attorney General, earning fierce loyalty from conservatives for his aggressive defense of state sovereignty, constitutional limits, and successful legal challenges to federal overreach. Though relentlessly targeted by opponents, Paxton’s tenure reflects durability, clarity of purpose, and an unapologetic alignment with the voters he represents—qualities that define his standing in the contest.

The Texas U.S. Senate race draws national attention, as the state remains a critical battleground in determining the balance of power in Congress. With incumbent dynamics and shifting voter demographics at play, the primary outcomes will set the stage for a potentially contentious general election. The Texas Tribune poll serves as an initial benchmark, though voter sentiment could evolve as campaigns intensify and debates unfold in the coming weeks.

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