Legal Battle Over Adrian Garcia's Commissioner Seat Heads to Appeals Court

Updating a story we reported on earlier this year, Harris County Precinct 2 Commissioner Adrian Garcia is still in a legal battle over whether or not he has to give up his seat.

At issue is Garcia's acceptance of another position with the Gulf Coast Protection District. Reporter Joseph Trimmer with Texas Scorecard told KTRH, "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."

But Garcia's defense is that the appointment was illegal, and that he was never actually appointed to the GCPD, even though he took votes there.

A district judge found that the court lacked jurisdiction, and the case is now heading to an appeals court.

"The court said that they lacked jurisdiction, and what is moving now is that the plaintiffs are moving to appeal, but there's no date" Trimmer said.

The plaintiffs want the court to rule on the vacancy, and call for a special election.


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