A legal dispute over the status of Harris County Precinct 2 Commissioner Adrian Garcia’s seat is moving to an appellate court after a district judge found the court lacked jurisdiction regarding a lawsuit challenging Garcia’s eligibility to serve.
The lawsuit, filed by Mark Goloby and Richard Vega, alleges that Garcia vacated his commissioner seat in August 2023 when he accepted an appointment to the board of the Gulf Coast Protection District.
The plaintiffs argue that holding both positions simultaneously violates Texas law prohibiting public officials from occupying two offices with conflicting duties.
Under the Texas Election Code, if an officer “accepts another office and the two offices may not lawfully be held simultaneously, a vacancy in the first office occurs on the date the person qualifies for the other office.”
The GCPD, established by the Texas Legislature in 2021 to oversee coastal protection projects, holds powers such as taxation and eminent domain, which, according to plaintiffs, overlap with those of the Harris County Commissioners Court and create a conflict of interest for Garcia.
In the lawsuit, Goloby argues Garcia was not legally entitled to exercise the powers of the office of commissioner, and any items the commissioners court purportedly approved on a 3-2 vote with Garcia’s vote in the majority were not legally approved.
Vega, who plans to run for the Precinct 2 seat, requests the court to compel the commissioners court to acknowledge the vacancy and call a special election to fill the unexpired term, which runs through December 2026.
Harris County attorneys argued that Garcia’s appointment to the GCPD was invalid from the outset due to the “self-appointment” doctrine, which prohibits members of a governing body from appointing themselves to another position.
Therefore, they assert, Garcia never legally held the GCPD position, and his role on the commissioners court remains unaffected.
The plaintiffs expressed their intent to appeal this decision, seeking an urgent order from an appellate court to enjoin what they describe as illegal expenditures and to mandate an election to fill the Precinct 2 seat.
Vega told Texas Scorecard, “We are fully prepared to move forward with an appeal to ensure this case is heard and resolved in a manner that seeks justice and fairness. This fight is not just about one person or one case—it is about holding our public servants accountable to the people they serve.”
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