HOUSTON — Richard Vega is asking the Supreme Court of Texas to order a special election for the Harris County Precinct 2 commissioner seat, arguing that Commissioner Adrian Garcia vacated the office when he accepted and served in a second public position.
The court has given Harris County until June 15 to respond to Vega’s petition for writ of mandamus, according to Texas Scorecard. A writ of mandamus is a court order requiring a public official or government body to perform a legal duty.
The case centers on whether Garcia automatically resigned from Commissioners Court when he accepted an appointment to the Gulf Coast Protection District board. Vega, the Republican candidate challenging Garcia in November, contends the two roles were legally incompatible and that Garcia’s acceptance of the board position created a vacancy in the Precinct 2 office.
Garcia, a Democrat, was elected to Commissioners Court in 2018, took office in January 2019 and began his second four-year term in January 2023. The First Court of Appeals said the Texas Legislature created the Gulf Coast Protection District in 2021 to help carry out storm surge flood prevention and control projects along parts of the Texas Gulf Coast, including Harris County.
According to court records, Harris County Commissioners Court appointed Garcia to the Gulf Coast Protection District board in 2021 and reappointed him in 2023. Vega and Mark Goloby later sued Harris County officials, arguing Garcia’s service on the district board violated the common-law doctrine of incompatibility and resulted in his automatic resignation from Commissioners Court.
The Gulf Coast Protection District has authority related to contracts, bonds, notes, eminent domain and certain revenue-raising powers, according to the appeals court opinion. Vega’s legal team argues those powers created a conflict with Garcia’s role as a county commissioner because both entities serve overlapping residents and interests.
The First Court of Appeals ruled April 16 that Garcia did not resign his commissioner position and upheld the trial court’s dismissal of the case. County lawyers had argued Garcia’s appointment to the Gulf Coast Protection District was void because he served on the Commissioners Court that made the appointment, meaning he did not lawfully hold the second office.
Vega is now seeking relief from the state’s highest civil court. His petition asks the Supreme Court of Texas to declare that an automatic resignation occurred, recognize a vacancy in the Precinct 2 office and compel Harris County officials to order a special election.
“This case is about the rule of law and the voice of the people,” Vega said in a statement. “If a vacancy occurred, then the residents of Precinct 2 have been denied their constitutional right to elect their representative.”
Vega’s legal team, led by attorney Jerad Najvar, argues that mandamus relief remains appropriate because voters could still have a meaningful opportunity to elect a commissioner before the current term ends. Vega is Garcia’s Republican challenger for the Precinct 2 seat in November.
Under the legal theory presented by Vega, Garcia’s seat would have become vacant when he qualified for the Gulf Coast Protection District board. Vega argues that, because the alleged vacancy occurred more than 74 days before a general election, Harris County officials had a legal duty to order a special election to fill the remainder of the term.
After Harris County files its response, the Supreme Court of Texas will decide whether to grant the relief Vega requested. The court could deny the petition, request additional briefing or take further action on the special election request.
Feature photo: Office of Representative Lizzie Fletcher, Public domain, via Wikimedia Commons
