Special election set for Dec. 11 to fill Sylvia Garcia’s Texas senate seat



>>Garcia is one of two Latina's elected to Congress for the first time from Texas. See all the other "firsts" from this midterm. less State Sen. Sylvia Garcia holds a press conference to announce her resignation from the Texas Senate Friday, Nov. 9, 2018.

>>Garcia is one of two Latina's elected to Congress for the first time from ... more State Sen. Sylvia Garcia holds a press conference to announce her resignation from the Texas Senate Friday, Nov. 9, 2018. Photo: Steve Gonzales Photo: Steve Gonzales Image 1 of / 17 Caption Close Special election set for Dec. 11 to fill Sylvia Garcia’s Texas senate seat 1 / 17 Back to Gallery

State Sen. Sylvia Garcia, a Democrat elected to Congress earlier this week, resigned from the Texas Senate Friday, prompting Gov. Greg Abbott to set an expedited election for Dec. 11 to fill her seat.

The order ramps up what had been a low-key race to represent Garcia’s district, which covers Houston’s north and southeast sides and was drawn to favor Democrats. State Reps. Carol Alvarado and Ana Hernandez, both Houston Democrats, launched their candidacies after Garcia won her March primary.

Garcia, who was elected Tuesday to the 29th Congressional District, resigned Friday from the Texas Senate to coincide with the start of the “expedited election” period, a provision of the Texas Election Code intended to speed up special elections for vacancies that occur during or close to a legislative session.

The “expedited” period kicks in the 60th day before the Legislature convenes. The upcoming legislative session begins at noon Jan. 8.

Abbott ordered the election soon after Garcia submitted her resignation letter at 12:01 p.m., revealing a rapid series of deadlines. Candidates have until 5 p.m. Nov. 16 to file for the election, 10 days before the start of early voting Nov. 26. Election Day is Dec. 11, a Tuesday.

Under expedited election rules, the governor must schedule the election on a Tuesday or Saturday, 21 to 45 days after it is ordered. That means Abbott could have scheduled the election as early as Dec. 1. He also could have held off on scheduling it until as late as Jan. 19.

During a news conference Tuesday, Garcia said she resigned at the beginning of the expedited period to give Abbott time to schedule the election before the session begins.

In her resignation letter to Abbott, she said she looked forward to “continuing our work together for a better Texas.”

“From fighting human trafficking, to making sure Texas gets what it needs at a time of disaster, to our common goal of high-quality early childhood education, we have found common ground before, and I hope we find it again,” Garcia wrote.

Abbott and Garcia feuded earlier this year over language in Garcia’s initial July resignation letter, in which she announced her “intent to resign” Jan. 2, just before joining Congress.

She asked Abbott to schedule a special election to coincide with the Nov. 6 general election, but the governor determined he could not order an election short of Garcia submitting an “actual resignation.”

Garcia then withdrew her letter, though she said it constituted a valid resignation because the election code says vacancies can occur when “an officer submits a resignation, whether to be effective immediately or at a future date.” Abbott’s chief of staff, Luis Saenz, said Garcia’s use of the word “intent” did not amount to a valid resignation.

Meanwhile, Republicans control 19 seats in the Texas Senate after losing a pair of incumbents Tuesday. The 31-seat upper chamber’s rules require three-fifths approval to bring legislation to the floor, meaning Republicans’ current numbers allow them to do so without Democratic support.

But if even one Republican breaks ranks, the party will fall below the 19-seat threshold. Garcia’s vacancy affords Senate Republicans one seat of breathing room, allowing them to bring bills to the floor with an 18-person bloc.

Both Alvarado and Garcia acknowledged that Republicans outnumber Democrats in the Texas Senate, but said they were hopeful they could work across the aisle.

“What we’ve seen this election cycle is that voters are more engaged,” Hernandez said Friday. “We saw that in the increase in voter turnout in the November election, and I hope to see that continue throughout the legislative session. In my 13 years as a state (representative) … that’s when I’ve seen the greatest change, is when you have that involvement from the community.”

Alvarado, who lost to Garcia in a 2013 special election for the seat, touted her history of passing bills when Democrats had slim representation in the House.

“I have a good track record of working across the aisle, working in a bipartisan way, but never compromising the values that I hold near and dear to my heart and that are important to my district,” she said.

Alvarado and Hernandez were both re-elected to their House seats Tuesday, with Alvarado facing only a third-party challenger and Hernandez running unopposed. Their districts overlap with Senate District 6.

Shortly after Garcia’s announcement, both lawmakers weighed in with statements urging Abbott to call the election as soon as possible.

“I look forward to taking my message of a new generation of leadership in the continued fight for quality schools, affordable healthcare, and economic opportunities to the voters of Senate District 6,” Hernandez said.

Alvarado focused her statement on Garcia, saying her “advocacy to those who needed a voice at the State Capitol was steadfast. Her leadership will be missed.”

Others echoed the call for Abbott to schedule the election swiftly, including Aldine ISD Superintendent LaTonya Goffney in a letter to the governor.

“During the upcoming legislative session, there will be many critical issues facing school districts, including Aldine ISD, which is located in State Senate District 6, spanning 111 square miles in North Houston,” Goffney wrote. “Our district serves more than 67,000 students in 81 schools with nearly 9,500 employees. It is already being projected that there will be numerous measures significantly impacting our students, parents, staff and community.”

The Greater Houston Partnership in a statement said it hoped the election “will be called as soon as possible to ensure the Houston region is fully represented during the legislative session.”

“We have many pressing regional and statewide issues that need to be addressed, and we need all Houstonians to have their voice heard in Austin,” a statement from the group reads.

Garcia and Veronica Escobar, a former El Paso County judge, jointly will become the first Latinas to represent Texas in Congress. Garcia beat Republican Philip Aronoff to replace Rep. Gene Green, a Democrat who is not seeking re-election.

Escobar, a Democrat, won the House seat being vacated by U.S. Rep. Beto O’Rourke, D-El Paso, who made an unsuccessful bid to unseat Sen. Ted Cruz, R-Texas.

jasper.scherer@chron.com