From Casetext: Smarter Legal Research

Talamantez v. Strauss

Supreme Court of Texas
Sep 13, 1989
774 S.W.2d 661 (Tex. 1989)

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. Perez

Opinion

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.


Summaries of

Talamantez v. Strauss

Supreme Court of Texas
Sep 13, 1989
774 S.W.2d 661 (Tex. 1989)

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. Perez
Case details for

Talamantez v. Strauss

Case Details

Full title:Benito TALAMANTEZ, Relator, v. Olin B. STRAUSS, Judge, 81st District…

Court:Supreme Court of Texas

Date published: Sep 13, 1989

Citations

774 S.W.2d 661 (Tex. 1989)

Citing Cases

In re Bazan

The question arises because one section in Chapter 87 provides for the officer's immediate removal upon…

Minton v. Perez

In January 1988, relator was indicted for the offense of conspiracy to commit bribery and was convicted in…