In Re Wolfe

“Individual citizens ... have no right to maintain an ouster suit without being joined by a proper state official.” Garcia v. Laughlin, 155 Tex. 261, 285 S.W.2d 191, 194 (1955) (orig.proceeding) (writ denied on other grounds). The question in this mandamus proceeding is whether, without joinder of a proper state official, individual citizens may obtain pre-suit discovery under Rule 202, Tex.R. Civ. P., to investigate grounds for removal of a county official. We answer no and conditionally grant relief.

The Harris County Department of Education and four of its seven trustees, Angie Chestnut,…