Lubbock’s district attorney says that he will not present a case to a court which could have resulted in the removal of the District 1 councilman who failed to pay his property taxes.

District Attorney Matt Powell said that the language of the section of the city charter which requires that officeholders not be indebted to the City could be unconstitutional, according to a small number of similar cases.

KFYO first reported that Councilman Victor Hernandez owed over $10,000 on his downtown office building in February, which, according to the city charter, means he was ineligible to hold office with the City of Lubbock.

The City still has the option to request that Texas Attorney General Greg Abbott’s office presents the case, but no word yet on if they plan to pursue the issue further.