The Texas Open Meetings Act (Texas Government Code § 551.007(b)) mandates that governmental bodies must allow each member of the public who wants to address an agenda item to do so before or during the body's consideration of that item. When government officials remove citizens attempting to exercise this legal right, it constitutes a violation of open government principles and may constitute official oppression under Texas Penal Code § 39.03.
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🚨Lufkin Mayor Caught Silencing Public Comment? Texas Open Meetings Act IgnoredAdded:
We take to heart. It's very important to us. We take the time to do our research and make the very best decisions that we can for the residents of Lufkin.
I just want to start out this evening by taking a moment to tell you all why why the council why people choose to serve on the Lufkin City Council. As your mayor, I was born and raised here in Lufkin, Texas. My family goes back about five generations >> and I have >> What item are you here to >> I am here for the AI data.
>> I'm going to have to ask you to sit down.
>> I agend allowed to make a statement this evening.
>> If you don't sit down, you'll be removed from the meeting.
Sir, sir, sir.
>> Because you were told you could talk to me.
>> So, I have no idea. That was never put on the agenda.
BZ Watchdog News Network Before we get started with this investigation into the city of Lufkin data centers and Mayor Mark Hicks, do me a favor, smash that like button, drop a comment, and share this everywhere because apparently sunlight has to be dragged into Lufkin one public comment at a time because on May 19th, 2026, just a couple hours after the city council meeting, I was sent this video that people were saying kept getting deleted off of social media. And what did that video show? It showed William Brunes trying to speak during public comment about an item that was on the agenda and before he could even address the council, he was thrown out. Now, here is where it gets real funny because right there on the city's own meeting screen in plain English, it says, "A member of the public who desires to address the city council regarding any item on an agenda for an open meeting may do so during public comment or at a public hearing or during the council's consideration of that item. That is not BZ watchdog making it up. That is not some wild conspiracy theory. That is the city putting the law on the screen and then apparently acting like they never read it. Texas Government Code section 551.007 subsection B says a governmental body shall allow each member of the public who wants to address the body about an agenda item to do so before or during the body's consideration of that item.
So, let me get this straight. The city of Lufkin puts the rule on a screen. the public shows up to use that rule and then Mayor Mark Hicks apparently decides, "Yeah, no, not today." That is not transparency. That is not leadership. That is government officials treating public comment like a privilege they hand out when they feel like it.
And when an elected official uses their authority to stop someone from exercising a legal right, that is exactly the kind of conduct that starts opening doors to litigation, civil rights claims, and serious complaints.
And yes, people need to be looking at Texas Penal Code 3902, abuse of official capacity, and 39.03, official oppression, because official oppression includes a public servant acting under color of office who intentionally denies or impedes someone in the exercise or enjoyment of a right, knowing the conduct is unlawful. Now, to be clear, nobody is convicted of anything just because I say it on video. But if the facts show that a citizen was removed for trying to speak on an agenda item the law says he had the right to address, then Lufkin has a serious problem. And this is now the second time in 6 months. I've had to get involved with Lufkin. So I guess Lufkin needs the watchd dogs to come down there, call them out, explain the law to them, show them how to do their jobs, and start hitting them where it hurts. records request, criminal complaints, public exposure, and if necessary, litigation.
Because when public officials forget that city hall belongs to the people, sometimes they need a very loud reminder. Mayor Hicks, you do not get to put the public comment rule on the screen and then kick people out for trying to use it. That is not how open government works. That is not how the Texas Open Meetings Act works. And that is damn sure not how free speech works.
So now the question is simple. What exactly is Lufkin trying to hide? Is this about control? Is this about data centers? Is this about silencing criticism before the public starts connecting the dots? Because when a city starts removing citizens for trying to speak, deleting videos, and acting allergic to public comment, that tells me one thing. There is something here they do not want the public looking at.
Well, too bad. Be busy watchdog is looking at it now. And Lufkin, you might want to buckle up because sunlight is the best disinfectant.
One of our leaders, one by one, give them the mind to want to to continue to do what's right for the people in the city of Lufkin. And Lord, we'll be so careful to give your name all the honor and the praise. It's in Jesus name that we pray. Let us all say, "Thank God."
Thank God.
>> Thank God again.
>> Thank God >> and amen.
>> And amen.
>> I just want to start out this evening by taking a moment to tell you all why why the council why people choose to serve on the Lufkin City Council. As your mayor, I was born and raised here in Lufkin, Texas. My family goes back about five generations and I can tell you that no one on this council receives a salary. We all do this because we chose to volunteer our time and do good things in this community. It's the reason I chose to do this and I think I speak for everyone on this council when I say that this evening. We live here in this community. This not a place we visit. We have homes here and we reside here and we love this community and it's the reason that we chose to make this place our home. And everything that comes before the Lufkin City Council, I want you to know we take to heart. It's very important to us. We take the time to do our research and make the very best decisions that we can for the residents of Lufkin. I know I do that and I think everyone else here on this council feels the exact same way. So, I'd like to welcome everyone here this evening. It's great to see people show up at these meetings. Quite often we have five or six community members here if that. And it's good to see people here learning about their local government and the things that we do, how our city operates. So, I'm glad that you're all here this evening. Those of you in the back, we have some open seats if you want to come in and take a seat.
All right. All right. Very good. We're now going to move to the public comment portion of our meeting. At this time, members of the public wishing to address the city council regarding items listed on this evening's agenda may do so.
Citizens may not address matters that are not included on the posted agenda.
Items with a scheduled public hearing will be heard separately when that specific item is called. If you wish to speak, you can approach the microphone, state your name, and identify the specific agenda item or items you wish to address. Comments are limited to three minutes per speaker. City council members will not respond during comments during the public comment portion of the meeting. However, all comments will be taken into consideration during our deliberations.
So, at this time, we're going to open the public comment portion of our meeting.
Hi, my name is Christina Perez. Um, I'm from Lufkin, Texas. And I just wanted to see if I could talk about the data center. You >> You're not going to be allowed to do that tonight.
>> Thank you so much.
>> Just because the way our meetings are conducted, if you speak in a public forum, it has to be an item on the agenda. So, thank you for being here this evening.
>> But we appreciate you getting up to say something.
>> Why was it not added to the agenda?
>> So, we don't we don't have a project.
understand that this proposed data center is in the is outside the city limit. So, it's not under our >> purview. Doesn't mean it's not within our own county.
>> There's also been talks about >> So, there's a commissioner's court that oversees the county business and I welcome you all to attend a meeting there. I'm sure at some point the data center will be on their agenda. I understand they're going to ask for a tax abatement at some point.
>> Ma'am, if you want to make a comment, you can step to the microphone, tell us your name.
>> Okay. Okay. Well, I mean, I can't I can't I'm having a hard time hearing you right now, but if you want to make a public comment, you can step up to the microphone.
>> My name is Kate Brown. There is another data center that will be planned for inside of city limits. What of that one?
When will that be added to the agenda?
>> So, whenever we are made aware of that and they apply for a permit to build a data center in the city, I'm sure that'll be on our agenda.
>> The land has not been sold, but I can't really get into a conversation with you about it right now.
>> So, wow. Okay.
I mean, I'm just telling you they've not applied for a permit with the city. So, is there anyone else?
>> Is there anyone else wishing to make a public comment?
>> Hello, I'm Bobby Tilman. I'm running for Texas State Senate in this district. I actually came here to talk about the data centers, but I know that I can't.
So, but I do have a question about this and maybe you can't answer. What is the restriction now? You're going to,000 feet. What is the restriction already on the on the sex offenders?
>> So, I guess we'll we can address there's a public forum on the >> Yeah. Yeah.
>> I mean, I can just tell you there's none right now in the city. We have no ordinance currently. Yes, sir.
>> That answer. Thank you. Should be 500.
>> Thank you for being here.
>> Thank you, >> Mr. Mayor. Thank you very much.
>> I understand your position with regard to the AI data center. However, the facility and the property is within your ETJ.
>> So, at some point in time, will you be addressing this as an annexation or >> I can't address you tonight and because it regards the data center, but I'm sure you can take that matter up with our city attorney. She can explain the rules uh within the ETJ.
>> As the way I understand it, we're not allowed to regulate anything outside of signs and uh we know our fan. But you are providing services in the ETJ for citizens as for the facility.
>> Correct. In some areas we are. Right.
>> Right. We're currently working on some industrial performance standards that would cover things like an AI data center >> within the city limit city limits. Yes sir. Um and if anything were to become in front of this council that was needed for them to take action on, it would be on an agenda item at that time.
>> Sorry, I can't I can't engage you any further. Can you tell me your name though real quick?
>> William Gardner.
>> William Gardner. Okay. I'm happy to visit with you after the meeting.
>> I I look forward to it, sir.
>> All right. Thank you.
>> My name is William Bruns. I work at Anderson Elementary and I'm a local realtor in the area with Brookshire Real Estate. Um, you know, uh, we've all been on social media, I'm sure, a lot. And I >> What item are you here to >> I am here for the AI data.
>> I'm going to have to ask you to sit down. I agenda would like to make I need you to sit down statement.
>> You're not going to be allowed to make a statement this evening.
>> So please take your seat.
>> Everyone else got to >> they got to talk for 30 seconds.
>> If you don't sit down, you'll be removed from the meeting.
>> Sir, sir sir, >> because you were told you could talk tonight.
>> So I have no idea. That was never put on the agenda.
And there's definitely been word that there is one.
>> Sir, sir, I'm give you one more opportunity to be professional and stop talking.
>> Okay.
>> Guys, will you remove him from the this meeting?
>> All right. Is there anyone else?
>> One day, you'll have to listen to your constituents. Thank you guys for coming.
>> You need to be removed, sir. I'm sorry.
Thank you.
>> Y'all can laugh whatever you want.
>> Tyranny, corruption, extortion.
Sunlight is the best disinfectant.
BZ Watchdog News Network
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