Summary
In Talamantez the Supreme Court of Texas sought to reconcile the provisions of sections 87.001 LOC. GOV'T. and 87.031 of the Local Government Code. The Court's reconciling of these two provisions in its two-paragraph per curiam opinion followed a literal reading of the former section and disregarded the latter section in its entirety.
Summary of this case from Minton v. PerezOpinion
No. C-8672.
June 28, 1989. Rehearing Denied September 13, 1989.
Larry A. Vick, Houston, for relator.
Stella Saxon, Alger H. Kendall, Jr., Karnes, for respondent.
Benito Talamantez, a county commissioner for Wilson County, was convicted of official misconduct. The trial judge included in the judgment an order removing Talamantez from office. See Tex. Local Gov't Code § 87.031 LOC. GOV'T.. However, all the acts for which Talamantez was convicted were committed prior to his reelection on November 8, 1988. Therefore, under section 87.001 LOC. GOV'T. of the Local Government Code, Talamantez cannot be removed from office based on those acts.
The trial judge's order of removal is directly contrary to section 87.001 LOC. GOV'T. of the Local Government Code. Pursuant to Texas Rule of Appellate Procedure 122 and without hearing oral argument, we conditionally grant Talamantez' petition for writ of mandamus. The writ will issue only if Judge Strauss fails to vacate his order of removal.