KINGSVILLE, Tx — The 13th Court of Appeals has reversed the 105th District Court's decision, effectively canceling the recall election for three Kingsville City commissioners — Norma Nelda Alvarez, Hector M. Hinojosa, and Lionel "Leo" H. Alarcon.
According to the memorandum opinion, Selina Tijerina — a Kingsville resident who initiated the recall effort — failed to meet the City Charter's mandatory 30-day filing deadline. The key dispute centered on when the 30-day period began. The trial court had ruled that the deadline started on May 7, the day petition blanks were released to Tijerina, giving her until June 6 to return the petitions. However, the 13th Court of Appeals held that Tijerina's affidavit was filed on May 6 — the day it was received and marked by the city secretary — making the correct deadline June 5. Tijerina returned the recall petitions on June 6, one day after the Charter's mandatory deadline.
The 13th Court of Appeals held that the trial court abused its discretion in issuing the writ of mandamus and declined to address the remaining arguments, as the untimely filing was dispositive. A writ of mandamus is essentially a court order compelling a government official to do their job as required by law.
KRIS 6 News spoke with Selina Tijerina about her thoughts on the ruling, and she told us the following:
"I'm really disappointed in the ruling. However, I believe that it definitely falls on the inaccurate information that I was given by City of Kingsville staff when I filed the recall petition. However, people are gonna be the first to know that I am going to file a new recall petition."
Although Tijerina was not expecting this outcome, she says this time around they will make sure the petition is submitted well within the deadline.
"There's a lot of things that are going on there that I think are not right," said Tijerina. "And I think that the community definitely needs to be more aware of it, and I think they are now. I mean, we had the signatures before. I don't see us having a problem this time around."
Her attorney, Chris Gale, shared that he was also dismayed by the court's decision.
KRIS 6 News reached out to Gilberto Hinojosa, the attorney representing the city and the three commissioners, as well as the commissioners themselves, via email but has not heard back.
KRIS 6 News will continue to follow this story and will provide updates if there are any developments.
To read the previous article of when the trial court that was held at the 105th District Court in Kleberg County on October 15th, 2025, click here.
