Special to El Run-Rrun
Two San Benito City Commissioners placed on the August 18, 2026 Regular City Commission meeting the following Executive Session agenda item:
“Executive Session Item: Pursuant to Texas Government Code Section 551.071 and Section 551.074, discussion and possible action regarding City Charter Article III, Sections 3.06 and 3.07, concerning vacancies, forfeiture of office, qualifications of elected officers, and procedures for their administration and enforcement, including standards of conduct and attendance.”
It does not take a ‘legal eagle’ or attorney well-versed in municipal government laws in Texas to know that a majority of city commissioners in Texas do not have the legal authority to unilaterally vote or force an elected mayor in Texas simply for walking out of an executive session.
Under the San Benito City Charter, removing a mayor requires strict adherence to constitutional due process or a citizen led recall.
A City Commission majority does not have the explicit statutory or constitutional authority to execute such an act without it being a political move. A city commission cannot remove a mayor elected by the people because they are angry about a walkout by the mayor.
Mayor Dr. Pete Galvan holds the office of Mayor via a mandate from the city’s majority of voters. The Mayor is neither an employee or appointee of the city.
Texas Local Government Code Chapter 21 governs the removal of the mayor if a commissioner (or a local citizen) believes a Mayor’s action(s) rises to the level of official misconduct or incompetence. Any elected official has a protected property interest in their elected office via Texas law and the U.S. Constitution.
Texas Local Government Code Chapter 21 specifically states that removing an elected local official requires a formal judicial removal proceeding (district court trial for official misconduct, incompetence, or intoxication) or a local citizen-led recall election. It is also called “due process”.
The statutory judicial removal process found in Subchapter B, Chapter 21 of the Texas Local Government Code applies specifically to general-law municipalities, not home-rule cities.
The 14th Amendment of the U.S. Constitution guarantees elected officials due process. The commission would have to issue formal written charges, provide ample notice, and hold a quasi-judicial public hearing where the mayor can defend himself with legal representation and with explicit legal grounds.
Home-rule municipalities like the City of San Benito derive their authority directly from Article XI, Section 5 of the Texas Constitution and Section 51.072 of the Texas Local Government Code, meaning the procedures and grounds for removing a city council member or mayor are controlled entirely by the city's own local charter rather than state statute.
Under the City Charter, a “forfeiture of office” generally applies to objective criteria such as moving outside the city limits or failing to maintain basic required qualifications and not political disputes or breach of meeting etiquette.
Bottom line, the real removal power belongs to the San Benito Citizens via a voter recall as dictated by the City Charter.
The City Commission majority cannot itself be appointed judge and jury. A valid and verified citizen initiated recall petition would put the onus (responsibility, duty, obligation) on the San Benito voters whether to or not to oust Mayor Dr. Pete Galvan from elected office.
Mayor Dr. Pete Galvan ran for Mayor with the slogan “Progress with Purpose”. There will obviously be roadblocks but I have confidence in him and I know Mayor Dr. Pete Galvan will deliver.
The next major test for Mayor Dr. Pete Galvan will decide whether the City Commission majority will agree with Mayor Dr. Pete Galvan and grant the city taxpayers a 2 cent reduction in property taxes.
FYI, After the last clean financial audit, the Total Fund Balance was $11.5 million. The total Unassigned Funds was $11.6 million. The City of San Benito also had $4.3 million in the 120-Day Reserve fund to meet minimum operating requirements. The city also has over $2.6 million committed for street improvements and specific city projects (equipment, grant payment, & CCRMA [Cameron County Regional Mobility Authority]). Source: City of San Benito web site.
IMHO, there are plenty of funds available to cover a 2 cent property tax reduction.
5 comments:
This is way too much Internet space being allotted for the cheapest, ugliest, poorest dustiest town in Texas. WHO THE FUCK CARES!!!!
-chelss 😄
For once, I agree with your lard ass. Let's get a drink.
Don't need to know what San Benito does! Nobody cares just them.
Leave San Bene alone, Montoya.
We've been here before, ese.
Get a room.
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