MONEY & POLITICAL INFLUENCE

TriTexas Logistics Park - Political Contributions & Regulatory Influence

Paul L. Foster • Franklin Mountain San Marcos I, LP • ERCOT • Texas Parks & Wildlife Commission

Research note: All contribution figures sourced from Texas Ethics Commission records (via Texas Tribune, Reform Austin, and Transparency USA reporting) and FEC filings (via OpenSecrets and Facing South). ERCOT and TPWD actions sourced from public agency records and news reporting. No quid-pro-quo has been established or alleged - structural overlap is documented; intent is not.

Campaign Contributions - Total Amounts

$2.1M+
Greg Abbott
Texas Governor - Texans for Greg Abbott
Foster's single largest recipient. Abbott's designee on the ERCOT Selection Committee chose Foster as inaugural ERCOT Board Chair (2021). Abbott later appointed Foster directly to Parks & Wildlife Commission (2021) and to the ERCOT Board Selection Committee itself (2024).
2009 – 2022 (cumulative)
~$353K
Dan Patrick
Texas Lt. Governor - Friends of Dan Patrick
Patrick co-appoints ERCOT Board Selection Committee members (alongside Abbott and House Speaker). One of three officials whose designees chose Foster for ERCOT.
~2015 – 2021
$50K
Dade Phelan
Texas House Speaker - People for Phelan
Phelan is the third official whose designee sits on the ERCOT Board Selection Committee. Contribution came two months after FM San Marcos Fund, LP was formed.
December 2021
ERCOT Board Chair → Selection Committee
Two distinct ERCOT roles
Phase 1: ERCOT Board Chair (Oct 2021 – Jun 2024)
Phase 2: ERCOT Board Selection Committee (Jun 2024 – present)
Phase 1: Chosen by the Selection Committee (Abbott/Patrick/Phelan designees); chaired the body governing grid operations and transmission planning while owning Axis site.

Phase 2: After stepping down from the board, Abbott directly appointed Foster to the Selection Committee - the body that now chooses future ERCOT board members. Foster went from being selected by the committee to selecting for it.
Phase 1 chosen by committee; Phase 2 directly appointed by Abbott
TPWD Chair
Commissioner Apr 2021; Chair Jun 2025 – present
Texas Parks & Wildlife Commission
Under Parks & Wildlife Code §12.0011, TPWD can formally recommend to any local, state, or federal permitting agency - TCEQ, Army Corps, TxDOT, City of San Marcos - on projects affecting fish and wildlife. TPWD is also a mandatory participant in the Edwards Aquifer Habitat Conservation Plan (EAHCP), which governs springflow into the San Marcos River hosting 7 federally listed endangered species downstream of Axis. Foster chairs the body that sets policy for both functions while his site carries active WPP2 violations.
Appointed by Abbott; Named Chair by Abbott June 3, 2025

How the Relationships Connect

Ultimate Owner
Paul L. Foster
El Paso, TX billionaire
Franklin Mountain Investments, LLC
Owns TriTexas Logistics Park site
via FM San Marcos I, LP
→
$2.5M+
TX state
donations
Texas Governor
Greg Abbott
$2.1M+ received from Foster (2009–2022)
Lt. Governor
Dan Patrick
~$353K received from Foster
House Speaker
Dade Phelan
$50K received from Foster (Dec 2021)
→
Appoint
members to
ERCOT
Selection
Committee
ERCOT Board (Oct 2021 – Jun 2024)
Inaugural Board Chair
Chosen by 3-person Selection Committee (Abbott/Patrick/Phelan designees)
"Independent" - but committee members donated to appointing officials weeks before appointment
ERCOT Selection Committee (Jun 2024 – present)
Committee Member - chooses ERCOT Board
After stepping down from the board, Abbott directly appointed Foster to the committee - he now helps select future ERCOT board members
TPWD Commission - Chair since Jun 2025
Direct Abbott Appointment
Appointed Apr 2021; Chair Jun 2025
§12.0011: advises every permitting agency
Mandatory EAHCP participant - governs San Marcos River springflow
Sets ERT review posture for recharge-zone permits
→
Foster
chairs
both
bodies
Project Site + Construction
TriTexas Logistics Park
ERCOT decisions:
Large-load framework (2022)
LCRA $400M transmission upgrade
69→138 kV on-site upgrade

TPWD decisions:
ERT posture on WPP2 violations
EAHCP springflow protections
§12.0011 advisory to all permitters
Two-phase ERCOT role: Foster donated to Abbott, Patrick, and Phelan - the three officials whose designees formed the ERCOT Board Selection Committee. That committee chose Foster as the inaugural ERCOT Board Chair (Oct 2021). He chaired the board for ~3 years, overseeing transmission planning and large-load policy. After stepping down in Jun 2024, Abbott then directly appointed Foster to the Selection Committee itself - so he now helps choose future ERCOT board members. Abbott also separately and directly appointed Foster to TPWD (2021), where he now serves as Chair. At no point during either ERCOT role or the TPWD role is there a public recusal record. ERCOT is exempt from Texas open meeting laws.

Parallel Timeline - Contributions, Appointments & Policy Actions

Political Contribution
State Appointment
ERCOT Action
TPWD Action
Project Milestone
Contributions
Appointments
ERCOT Actions
TPWD Actions
Project Milestones
2009–
2019
Ongoing Abbott giving Foster begins multi-year giving to Texans for Greg Abbott. Cumulative grows toward $2.1M+ by 2022.
2019 - Project roots City of San Marcos Resolution 2019-49R establishes developer obligations for what will become TriTexas Logistics Park (formerly SMART Terminal / Axis Logistics Park).
2021 ⚑
Jun 2021 - $350K combined Foster gives $350,000 to Abbott and Dan Patrick in a single period - the same summer the Franklin Mountain San Marcos LPs are being formed.

Dec 2021 - $50K to Phelan $50,000 to House Speaker Dade Phelan - 2 months after FM San Marcos Fund, LP is formed and the same month Foster is named ERCOT Chair.
Apr 14, 2021 Abbott appoints Foster to Texas Parks & Wildlife Commission.

Oct 2021 ERCOT Board Selection Committee (Abbott/Patrick/Phelan designees) names Foster to the ERCOT Board as inaugural Chair under new SB 2 governance. Reform Austin notes committee members donated to appointing officials within weeks of their own appointments.
Jun 8, 2021 - SB 2 signed Abbott signs grid reform bill creating new ERCOT governance structure. Replaces stakeholder board with 11 "independent" members chosen by selection committee.
Aug 31, 2021 Franklin Mountain San Marcos I, LP formed (TX SOS #32080846176).

Oct 6, 2021 Franklin Mountain San Marcos Fund, LP formed (#32081356514).

Late 2021 Walton Texas LP begins transferring ~2,017 ac to FM entities. Land assembly underway.
2022
2022 - Large Flexible Load Task Force ERCOT (Foster as Chair) establishes LFLTF - creates framework for industrial customers ≥75 MW to interconnect. Directly relevant to data center or heavy manufacturing tenants at Axis.

2022 - LCRA Hays-Kendall corridor begun $400M, 60-mile transmission rebuild from Hays Energy Substation (San Marcos) through Comal/Kendall counties. Under ERCOT 2022 Regional Transmission Plan approved during Foster's chairmanship.
Mar–Jul 2022 FM completes land assembly: Van Lee LLC (0.95 ac), Tack Redwood/Neumann (130.3 ac), Best David Matthew (143.4 ac).

Jun 2022 Developer withdraws first annexation attempt (AN-22-20 / ZC-23-01).
2023
2023 Regional Transmission Plan 173 projects (up from 89 in 2022). Central Texas / Austin corridor constraints identified. Approved under Foster's chairmanship. LCRA/Bluebonnet corridor serving Axis site part of this planning.
Jan 17, 2023 First Amended & Restated SMART Terminal Development Agreement adopted by San Marcos City Council (Caldwell Co. 2023-001629). FM's ~2,017 ac placed under new DA.

May 2023 Clayton Kendall writes San Marcos City Council re: project vision.
2024
Jun 2024 - ERCOT role changes Foster steps down from the ERCOT Board (and as Chair). Abbott then directly appoints Foster to the ERCOT Board Selection Committee - the 3-person body that selects ERCOT board members. Foster transitions from being chosen by the committee to sitting on it.
Foster's tenure ends Jun 2024 Large-load framework architecture (NPRR1234/PGRR115) moves toward formal codification - will be adopted Apr 2025.
Feb 2024 3 ARWA pipeline easements granted (~15.25 ac perpetual corridor).

Apr 2024 FM-75 LP acquires 75 ac; FM-I LP buys old county road strip from Caldwell County.

Sep 30, 2024 Energy Parkway permit (PICP 2024-49692) issued - road construction begins.
2025
Jun 3, 2025 Abbott names Foster Chair of Texas Parks & Wildlife Commission - while Axis carries active WPP2 violations upstream of the San Marcos River.
Apr 8, 2025 ERCOT formally codifies large-load interconnection rules (NPRR1234/PGRR115) - framework built during Foster's chairmanship now permanent protocol.

End 2025 (target) 69→138 kV upgrade at Axis site completing; two 345 kV lines already on property.
Jun 3, 2025 - Foster named TPWD Chair Abbott names Foster Chair while Axis WPP2 violations are unresolved. TPWD advises TCEQ under §12.0011; mandatory EAHCP participant governing San Marcos River springflow downstream of site.
Jul 2025 - WPP2 R1 violations unresolved EDGE Engineering R1: impervious cover >40%, 5 sensitive geological features unprotected, peak flows increase at all storm events. No R2 response in public record.
2026
Foster still TPWD Chair Term expires Feb 1, 2027.
WPP2 violations remain unresolved in public record. Foster chairs TPWD while TCEQ processes the permit - TPWD ERT can make recommendations influencing TCEQ decisions.

Foster's Roles - Direct Connections to TriTexas Logistics Park

Role / Action Body Dates Foster's Position Connection to Axis Type Status
Large Flexible Load Task Force (LFLTF) - creates ≥75 MW interconnection framework for industrial customers ERCOT 2022 Board Chair - presided over establishment Framework governs how any major Axis tenant (data center, advanced manufacturing) connects to the Texas grid. Axis is marketed specifically to large-power-demand tenants; on-site 345 kV infrastructure is its primary competitive advantage. Direct Formalized Apr 2025 (NPRR1234)
LCRA Hays Energy–Kendall Corridor - $400M, 60-mile transmission rebuild from San Marcos hub ERCOT 2022–ongoing Board Chair - approved 2022 Regional Transmission Plan Upgrades transmission at the LCRA/Bluebonnet hub serving Axis. Site has 2× 345 kV lines; 69→138 kV upgrade completing 2025. Transmission capacity is the #1 selling point to industrial tenants. Direct Construction ongoing
ERCOT Board Selection Committee - selects ERCOT Board of Directors members ERCOT Jun 2024 – present Committee member - directly appointed by Abbott after stepping down as Board Chair Foster now helps choose the ERCOT board members who will govern future transmission planning, large-load interconnection policy, and grid expansion in the Caldwell/Hays County corridor serving Axis. Structural Active - ongoing influence over board composition
TPWD ERT advisory authority (§12.0011) - TPWD can formally advise every permitting agency on projects affecting fish & wildlife TPWD 2021–present Commissioner → Chair (Jun 2025). Sets ERT staffing, priorities, and review posture. Under §12.0011, TPWD recommendations reach TCEQ (WPP2 permit 2025-55457), Army Corps, TxDOT, and City of San Marcos permits. Active unresolved WPP2 violations include impervious cover >40%, 5 unprotected sensitive geological features, and post-construction peak flow increases. Structural WPP2 violations unresolved. TPWD ERT comment status unknown - request from TCEQ permit file.
Edwards Aquifer Habitat Conservation Plan (EAHCP) - TPWD is a mandatory statutory participant TPWD 2021–present Commissioner → Chair. TPWD's EAHCP participation is set at Commission level. EAHCP governs springflow protections for the Comal and San Marcos rivers - the receiving waters for the Edwards Aquifer recharge zone where Axis sits. Seven federally listed endangered species depend on San Marcos Springs springflow. TPWD's EAHCP posture shapes what flow conditions downstream development must protect. Structural Unreported in TX media
Named TPWD Commission Chair by Abbott while Axis WPP2 violations are active and unresolved TPWD Jun 3, 2025 Chair - presides over all Commission decisions; appoints Executive Director who oversees ERT Abbott elevated Foster to Commission Chair while his project carries active WPP2 violations on an Edwards Aquifer parcel upstream of the San Marcos River State Scientific Area. Foster now appoints the Executive Director who supervises the staff reviewing permits for projects like Axis. Structural Unreported in TX media
Sources: Texas Ethics Commission (via Texas Tribune, Reform Austin, Transparency USA) • FEC filings (via OpenSecrets, Facing South, LittleSis) • ERCOT public records • TPWD Commission meeting archives • Texas Register (Mar 21, 2025, preamble reviewed) • Parks & Wildlife Code §12.0011 • Edwards Aquifer Habitat Conservation Plan (EAA) • Reform Austin • Texas Observer • Hart Energy • LCRA (Hays Energy–Kendall project page) • Franklin Mountain Investments (wnr.com) • Caldwell County deed records • Caldwell CAD 2026 property records

Compiled for research purposes from public records only. All contribution amounts from journalism sourcing TEC and FEC filings. No quid-pro-quo established or alleged.