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Did You Know McAllen's Mayor Can Govern Without Asking You? Here's What That Means for You

20 hours ago
7 min read

McALLEN — Mayor Javier Villalobos has a message for residents who want a say in the city's biggest decisions: they don't need to be asked.


"When we govern, we do not need to take each important or controversial issue to the citizens," Villalobos wrote in a post on his McAllen mayor Facebook page on "That is why we were entrusted to govern."


On the narrow legal question, he is right. No Texas law requires a city commission to put important or controversial issues to a public vote. Elected officials are elected to decide.


But that is not the whole picture. State law, McAllen's own city charter and a vote of more than 40,000 McAllen residents all say something about how much the public is entitled to know and do. Here is what the mayor said, what the law says, and what it means for you.



WHAT THE MAYOR SAID


The post opens with a list of accomplishments: "the lowest crime rate in decades, the lowest tax rate in decades, several hundred million in capital improvement projects, a great cost of living."


Then it turns to the role of residents.


"We were elected as a representative government. Each individual Commissioner and myself was elected because of the trust of the people and were entrusted in making the best decisions for our residents and community."


It closes with a message to critics: "The keyboard warriors will disagree and state that they have to be involved in all important issues. But they don't even show up to regular meetings to find out what's going on."


WHAT TEXAS LAW SAYS


Texas has two main open government laws. Neither one requires a public vote on city decisions. Both are built on the idea that the public is entitled to see how those decisions are made.


The Texas Public Information Act begins with a statement of policy. Section 552.001 of the Government Code reads, in part:


"The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created."


The same section describes this as the philosophy of representative government, under the principle that government is "the servant and not the master of the people."


The mayor's post describes representative government as a grant of trust. The Legislature describes it as a reason the public must stay informed.


Texas Open Meetings Act document on desk beside gavel and Public Information Act book, highlighting open government rules.

The Texas Open Meetings Act, Chapter 551 of the Government Code, requires every regular, special or called meeting of a city commission to be open to the public, with limited exceptions. The city must post the date, time, place and subject of each meeting at least 72 hours in advance. Final votes must happen in public.


Since 2019, the Act has also guaranteed residents the right to speak on agenda items, either at the start of a meeting or when the item comes up. Before then, courts and the Texas Attorney General read the law as giving the public the right to watch meetings, but not to speak. That change came through House Bill 2840, filed by Valley lawmakers Terry Canales and Bobby Guerra.


WHAT McALLEN VOTERS SAID


In November 2024, McAllen voters weighed in on this exact question.


Green campaign poster for WON McAllen reading We’re Fighting for McAllen – Not the Big Donors, with Proposition A & B and buttons.

Proposition B, placed on the ballot by petition, added three powers to the city charter: initiative, referendum and recall. Initiative lets residents propose ordinances. Referendum lets them challenge ordinances the commission passes. Recall lets them seek to remove an elected official. If the commission does not act on a qualifying petition, the matter goes to the voters.


Unofficial results reported by KRGV showed 26,923 votes for Proposition B and 13,315 against. That is about two to one.


Villalobos opposed it. Before the election, he told KRGV, "There's really no necessity for this." After it passed, he said, "We did not want them to pass, and they did. It's a democracy, and we respect the opinion and the votes of the people."


Analysis: The mayor is correct that the commission does not have to take controversial issues to the citizens. But since 2024, the citizens of McAllen have had the power to take those issues to themselves. His post does not mention it.


A FAMILIAR PHRASE


This is not the first time the mayor has used "keyboard warriors" to describe residents who question city leaders.


In a Sept. 21, 2026 Facebook statement denying that the city or police use Flock license plate cameras, he wrote that he hoped the statement "allows some keyboard warriors to rest their fingers."


In an October 2026 appearance on the Brownsville at Large podcast, discussing public anger over Brownsville's SpaceX land and water deal, he said: "We serve them, we love them, but a lot of times they don't quite understand. They jump into something and they don't see all the stuff we have to look into, analyze." Later he added that citizens "just want to get into Facebook and become keyboard warriors and start attacking without knowing what's going on."


Analysis: Across three public statements in three months, the mayor describes residents who question decisions as people who don't understand, not as people exercising rights the law gives them.


WHAT THIS MEANS FOR YOU: YOUR RIGHTS AS A CITIZEN


The mayor is legally allowed to make decisions without asking you first. That makes the rights you do have more important, not less. Texas law gives every resident a set of tools to watch, question and challenge local government. McAllen voters added more in 2024. Here they are.


UNDER THE TEXAS OPEN MEETINGS ACT (Government Code Chapter 551)


1. The right to attend. Every regular, special or called meeting of the city commission must be open to the public, unless a specific exception in the law applies. (Section 551.002)


2. The right to advance notice. The city must post written notice of the date, hour, place and subject of every meeting at least 72 hours before it starts. The subject has to be described clearly enough for the public to understand what will be discussed. A vague agenda item can itself be a violation. (Sections 551.041 and 551.043)


3. The right to speak. Since 2019, the commission must allow members of the public to address it on any agenda item, either before or during its consideration of that item. The city may set reasonable rules, such as time limits. (Section 551.007)


4. The right to criticize. The law says a governmental body may not prohibit public criticism of the body, including criticism of any act, omission, policy, procedure, program or service. (Section 551.007)


5. The right to record. Anyone attending an open meeting may record all or any part of it. (Section 551.023)


6. The right to the official record. The city must keep minutes or a recording of every open meeting, and those are public records you can request. (Sections 551.021 and 551.022)


7. Limits on closed doors. The commission may meet in closed "executive session" only for specific reasons the law allows, such as certain legal advice, personnel matters or real estate. It must first convene in public and announce the legal basis for closing the meeting. Any final vote or decision must be made in public. The commission must also keep a certified agenda or recording of most closed sessions. (Sections 551.101, 551.102 and 551.103)


8. The right to challenge violations. A decision made in violation of the Act is voidable, meaning a court can undo it. Any interested person can go to court to stop, prevent or reverse a violation. Knowingly holding an illegal closed meeting is a crime for the officials involved. (Sections 551.141, 551.142 and 551.144)


UNDER THE TEXAS PUBLIC INFORMATION ACT (Government Code Chapter 552)


9. The right to ask for records. You can request city records in writing, including emails, contracts, budgets, invoices and text messages about city business. You do not have to be a journalist.


10. No one can ask you why. The city may ask you to clarify or narrow a request, but it cannot ask why you want the information. (Section 552.222)


11. The right to a timely answer. The city must produce records promptly. If it cannot do so within 10 business days, it must tell you in writing when they will be available. If it wants to withhold something, it generally must ask the Texas Attorney General for a ruling within 10 business days and notify you that it has done so. (Sections 552.221 and 552.301)


12. The right to complain. If you believe the city is breaking the law, you can file a complaint with the county or district attorney. (Section 552.3215)


UNDER THE McALLEN CITY CHARTER (Proposition B, 2024)


13. Initiative. Residents can petition to propose an ordinance. If the commission does not adopt it, the measure can go to the voters.


14. Referendum. Residents can petition to challenge an ordinance the commission has passed and put it to a public vote.


15. Recall. Residents can petition to remove an elected official from office.


For petition requirements, signature counts and deadlines, contact the McAllen City Secretary's office or read the charter amendment.


AND THE MOST BASIC ONE


16. The vote. Every McAllen commissioner and the mayor answer to voters at the next election.


You do not have to show up to every meeting to take part. Reading the agenda, watching the video, filing a records request, emailing your commissioner and signing a petition are all forms of participation the law protects.


THE BOTTOM LINE


Mayor Villalobos is right that the law lets elected officials govern without putting every decision to a vote. But Texas law says public servants do not get to decide what the public should know, and McAllen voters decided in 2024 that they wanted more power over city decisions, not less.


Being trusted to govern is not the same as governing without the people watching.



SOURCES


Mayor Javier Villalobos, post on his McAllen mayor Facebook page, [DATE — VERIFY] (screenshot archived)




Texas Government Code Section 551.142 (Mandamus; Injunction): https://texas.public.law/statutes/tex._gov't_code_section_551.142


Texas Government Code Section 551.144 (Closed Meeting; Offense): https://texas.public.law/statutes/tex._gov't_code_section_551.144


Texas Government Code Section 551.007 (Public Testimony): https://texas.public.law/statutes/tex._gov%27t_code_section_551.007


Texas Attorney General, Open Meetings Act and Public Information Act training for new commissioners: https://oag.state.tx.us/sites/default/files/files/divisions/admin-law/TRAINING_NEW_COMMISSIONERS_KELLEY.pdf




KRGV, "McAllen mayor reacts to voters passing propositions A and B," Nov. 6, 2024: https://www.krgv.com/news/mcallen-mayor-reacts-to-voters-passing-propositions-a-and-b/


KRGV, "EXPLAINER: McAllen voters to decide on two propositions," Oct. 15, 2024: https://www.krgv.com/news/explainer-mcallen-voters-to-decide-on-two-propositions/


The Monitor (myRGV), "Voters in McAllen, Edinburg to decide on charter changes": https://myrgv.com/?p=245374




City of McAllen, 2025 Notice of Public Hearing on Tax Increase: https://mcallen.net/docs/default-source/tax/notice-of-public-hearing-2025.pdf?sfvrsn=0


Texas Border Business, republished Villalobos Flock statement, Sept. 2026: https://texasborderbusiness.com/mcallen-mayor-says-city-and-police-do-not-use-flock-surveillance-cameras/


Brownsville at Large podcast, October 2026 episode featuring Mayor Villalobos (timestamps 20:00 and 24:42)



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