AUSTIN, Texas — After winning the March primary election in a landslide, Travis County District Attorney José Garza is the target of a removal campaign under a new Texas law that would decrease the powers elected prosecutors can exercise in their jurisdiction.

Garza, a progressive-leaning Democrat, prevailed over challenger Jeremy Sylestine in the primary and has been the district attorney in Travis County since 2021. Garza will face Republican Daniel Betts in the general election on Nov. 5.

Republican Gov. Greg Abbott signed House Bill 17 into law in 2023, which would allow the courts to remove district attorneys from office for misconduct if they don’t prosecute certain crimes. The law took effect in September.

District attorneys normally choose which cases they want to prosecute.

Travis County resident Mary Dupuis filed a petition to oust Garza from office on April 8. According to the petition, which is moving forward, Dupuis “seeks to remove Defendant from his public office due to incompetency and official misconduct.”

“Incompetency” is described in the petition as a “gross ignorance of official duties.” Misconduct is “intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law” in the document.

Resident Jason Salazar also filed a petition for Garza's removal in December, but it fell through because Garza's office was prosecuting Salazar for a felony drug charge which disqualified Salazar from seeking removal.

Judge Dib Waldrip with the 433rd District Court in Comal County declared Friday that Bell County Attorney Jim Nichols will litigate the case, according to KUT. Both Waldrip and Nichols are Republicans.

Garza is set to appear in court on May 16 in Travis County.