Kolkhorst Responds

To the editor:

Mr. Moerbe has sent more than 100 emails to my office since February 19 of this year regarding his concerns about a number of subjects, including Medicaid fraud, the care and treatment in nursing facilities, orphaned and abandoned oil wells, and, most recently, the Texas Commission on Environmental Quality and the Fayette Power Plant. I greatly appreciate his advocacy, but also must correct some of the information he has widely shared with many, including the Fayette County Record.

As I stated in my letter to Mr. Moerbe, while all legislators hold the statutory authority to demand the TCEQ hold a public meeting on this permit, that authority is not absolute. A request for a public meeting, whether made by a member of the public or by a legislator, must be submitted during the public comment phase of any given permit process. For this specific permit, the public comment period ended December 4, 2025. Representative Stan Kitzman had submitted a request but later withdrew it. Mr. Moerbe either omitted or was unaware of the fact statutory deadline for requesting a public meeting was December 4.

Second, my general counsel and a separate legal counsel at the TCEQ confirm that no legal mechanism exists for a legislator to have this permit application placed ‘in abeyance,’ as Mr. Moerbe requested of my office. Otherwise, I would gladly explore his idea further. On April 30, the TCEQ Commissioners held a public meeting to consider this permit and all timely-filed requests for a contested case hearing. During that meeting, I submitted a letter that was added to the legal record, urging the TCEQ to continue monitoring and measuring selenium outflows and to ensure that surface and groundwater are not negatively impacted, protecting nearby citizens and the natural resources, including water.

Although Mr. Moerbe is not considered an affected person legally, I share his desire for more information and will continue to fight to see that people impacted by this permit receive answers from the TCEQ. To that end, I have requested that a subject-matter expert from TCEQ meet personally with Mr. Moerbe to review and address his concerns and claims regarding the Fayette Power Plant.

I hope readers of your publication will join me in encouraging Mr. Moerbe to legislatively address his concerns about reinstating selenium permitting and testing. This could be achieved by Mr. Moerbe’s continued collaboration with the Republican nominee for State Representative, Mr. Dennis Geesaman. Should he be elected this November, Mr. Geesaman could file legislation to regulate selenium in consultation with Mr. Moerbe. Once passed by the House, I would be open to sponsoring such legislation in the Texas Senate. In the meantime, I stand by ready to assist Mr. Moerbe should he accept the offer to meet with TCEQ, individually addressing each of his claims about the Fayette Power Plant.