In Re Tania Mayleth Vargas-Lopez v. the State of Texas
CourtTexas Court of Appeals, 13th District
Date FiledJuly 6, 2026
Docket13-26-00513-CV
StatusPublished
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Full Opinion
NUMBER 13-26-00513-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE TANIA MAYLETH VARGAS-LOPEZ
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Silva and Cron
Memorandum Opinion by Justice Cron1
By pro se petition for writ of mandamus, relator Tania Mayleth Vargas-Lopez seeks
to compel the University of Texas System, et al., to comply with her request for the
disclosure of certain records under the Texas Public Information Act (the Act). See TEX.
GOV’T CODE § 552.321. We dismiss the petition for writ of mandamus for lack of
jurisdiction.
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.4 (distinguishing opinions and memorandum opinions).
Article V, Section 6 of the Texas Constitution delineates the appellate jurisdiction
of the courts of appeals, and states that the courts of appeals “shall have such other
jurisdiction, original and appellate, as may be prescribed by law.” TEX. CONST. art. V,
§ 6(a). Section 22.221 of the Texas Government Code provides the main source for the
original jurisdiction of the intermediate courts of appeals. See TEX. GOV’T CODE § 22.221;
In re Cook, 394 S.W.3d 668, 671 (Tex. App.—Tyler 2012, orig. proceeding). In pertinent
part, this section provides that an intermediate appellate court may issue a writ of
mandamus against specified judges in its district and “all other writs necessary to enforce
the jurisdiction of the court.” TEX. GOV’T CODE § 22.221(a), (b), (c).
The Court, having examined and fully considered the petition for writ of mandamus,
is of the opinion that we lack jurisdiction over this original proceeding. The Act authorizes
a requestor to file suit for a writ of mandamus compelling a governmental body to make
information available for public inspection. See TEX. GOV’T CODE § 552.321; Paxton v.
Am. Oversight, 716 S.W.3d 535, 540 (Tex. 2025). However, the Act does not grant
jurisdiction to issue such writs of mandamus to the appellate courts. In re Turner, 998
S.W.2d 935 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding) (per curiam); see
also In re Montout, No. 04-26-00152-CR, 2026 WL 686070, at *1 (Tex. App.—San
Antonio Mar. 11, 2026, orig. proceeding) (per curiam) (mem. op., not designated for
publication); In re Hall, No. 05-26-00252-CR, 2026 WL 565853, at *1 (Tex. App.—Dallas
Feb. 27, 2026, orig. proceeding) (mem. op.); In re Norman, No. 13-17-00662-CV, 2017
WL 6047714, at *1 (Tex. App.—Corpus Christi–Edinburg Dec. 4, 2017, orig. proceeding)
(mem. op.). Rather, a petition for writ of mandamus filed by a requestor under the Act
“must be filed in a district court for the county in which the main offices of the
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governmental body are located.” TEX. GOV’T CODE § 552.321(b). Accordingly, we dismiss
relator’s petition for writ of mandamus for lack of jurisdiction.
JENNY CRON
Justice
Delivered and filed on the
6th day of July, 2026.
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