06/30/2026
FOR IMMEDIATE RELEASE Contact:
June 26, 2026 Jerad Najvar (281) 404-4696
Texas Supreme Court to Decide if Adrian Garcia Left Harris County Pct. 2 Office Vacant by Accepting Appointment to Conflicting Government Office
Case seeks August special election to fill vacancy in Pct. 2 before Commissioners’ Court votes on budget and tax rates – potentially creating 3-2 split allowing dissenting Commissioners to thwart tax increase
HOUSTON, TEX. – The Texas Supreme Court is expected to decide, before July 6, whether Adrian Garcia, the purported Commissioner for Harris County Precinct 2, automatically resigned in 2023 when he accepted appointment to a different government office in conflict with his duties owed to Precinct 2 residents and voters. If the Court decides Garcia vacated his Commissioner’s seat, the plaintiffs ask for two types of relief. First, Precinct 2 voters should be entitled to a special election to fill the Pct. 2 seat before Commissioners’ September votes on the budget and tax rates. An election could usher in a 3-2 split enabling dissenting Commissioners to thwart any tax increases. Second, any spending projects approved in 3-2 votes with Garcia’s support should be enjoined as well as Garcia’s substantial salary as Commissioner.
Plaintiffs in the case are taxpayer advocate Mark Goloby and Richard Vega, pastor and longtime Precinct 2 resident who is also the Republican nominee on the November ballot for Commissioners’ Court Precinct 2.
Adrian Garcia was first elected to Harris County Commissioners’ Court in 2018. After the Legislature created the Gulf Coast Protection District (GCPD) in 2021, Commissioners’ Court appointed Garcia to represent the County on the board. Garcia accepted, and for three full years (from Aug. 2021 to Aug. 2024, shortly after this lawsuit was filed) served simultaneously on the GCPD board and as Pct. 2 Commissioner. (Garcia was re-appointed to the GCPD in the summer of 2023, shortly after starting his second term as Commissioner.) This dual officeholding violated longstanding Texas law prohibiting simultaneous service in conflicting government offices. Both GCPD and Commissioners’ Court tax the same residents and exercise eminent domain authority, and negotiate interlocal agreements, among other conflicting duties.
Since at least 1864, Texas law has recognized that when an officeholder assumes a second, incompatible office, “the first office is ipso facto vacated,” “leav[ing] no shadow of title to the possessor,” and the vacancy is effective immediately so that no court process is required for the relevant officials to fill the seat. Biencourt v. Parker, 27 Tex. 558, 562 (Tex. 1864). The Texas Election Code recognizes this rule, stating that, “[i]f 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.” Tex. Elec. Code § 201.025. The Election Code therefore required Harris County Commissioners to order an election to fill the vacancy in the Precinct 2 seat, under § 202.002(a).
Commissioners’ Court never recognized the vacancy or ordered the election to fill the seat.
Harris County resident and taxpayer Mark Goloby, who has also run for statewide office to stand up for taxpayer issues, sued in June 2024, seeking to enjoin any further expenditures by the County that are illegal due to Garcia’s automatic resignation, which include his continued Commissioners’ salary (in excess of $180,000/year) and certain controversial spending items approved 3-2 with Garcia’s vote during the critical period between August 2021 and December 2022, when Commissioners’ Court was split 3-2.
Richard Vega joined the suit in November 2024, asking the Court to compel Commissioners to fulfill their duty under the Election Code to order an election to fill the remainder of the current, unexpired term. Vega is specifically asking the Court to order an election for August, which would allow the winner to take office before Commissioners vote in mid-September on the budget and tax rates.
Weeks after this case was filed, Commissioners quietly removed Garcia from the GCPD (effectively admitting the offices are incompatible) and then argued he never resigned as Commissioner because he was never eligible to be appointed by the Commissioners’ Court to another office, under the prohibition on “self-appointment.” The Harris County District Court dismissed the case (without any written opinion), and the First Court of Appeals accepted the County’s position that, since Garcia was never eligible to be appointed to the GCPD, he never legally assumed the office and therefore never resigned as Commissioner.
Goloby and Vega are now seeking relief in the Texas Supreme Court. They appealed the First Court’s decision, and Vega has filed an urgent petition for mandamus, requesting an order for an August election to fill the seat before the September budget and tax votes. If the election is held, a Republican victory would fundamentally change the dynamics on Commissioners’ Court because it would move back to a 3-2 split, enabling two Republican commissioners to thwart any tax increase in September.
“The County doesn’t dispute that Garcia accepted the appointment to the GCPD board, took the oath of office, and actually served for three years in the conflicting office,” said attorney Jerad Najvar. “Even if the appointment was void, Garcia exercised the powers of two conflicting offices at the same time, dividing his loyalty owed to Precinct 2. The normal consequences should apply, meaning he resigned and voters should get to fill the seat.”
Mark Goloby said, “Garcia and the Harris County Attorney either didn’t know the law or deliberately ignored it. Commissioner Garcia is in the precarious position of figuratively having one foot in the boat and one on the shore, and he might fall into the port,” explaining that Garcia should lose both offices, not just the GCPD position.
Richard Vega said, “Taxpayers are being asked to accept the idea that an elected official can take an oath, serve in an office, cast votes, exercise governmental authority for more than a year, and then claim none of it matters,” Vega said. “That is a question every voter should be paying attention to.”
The Petition for Mandamus (No. 26-0464) is pending and awaiting a decision by July 6. The underlying Petition for Review of the full case case is No. 26-0634. Vega’s proposed schedule for an August special election is here.
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Jerad Najvar, based in Houston, litigates constitutional and election law matters in state and federal courts. He has prevailed in constitutional cases against various governmental entities including Austin, Houston, the Texas Ethics Commission and Federal Election Commission, and in administrative law challenges against the Food & Drug Administration. He is a member of Chalmers, Adams, Backer & Wallen LLC.
MAY 8, 2026 PETITION FOR MANDAMUS LINKED BELOW