dissenting on motion for rehearing.
Todd had standing and the ability through his suit to invoke the trial court’s subject-matter jurisdiction. Todd has shown that a real controversy exists between him and the City of Houston and Mayor Brown which can be determined by the injunction and judicial declaration sought. This jurisdiction cannot be affected by another party to the suit such as Hotze. The trial court was not deprived of jurisdiction over Hotze’s suit on the basis of Hotze’s alleged “lack of standing.” If Todd’s suit had subject-matter jurisdiction then it is immaterial whether Hotze had standing. See Nationwide Prop. & Cas. Ins. Co. v. McFarland, 887 S.W.2d 487, 491 (Tex.App.—Dallas 1994, writ denied). In Nationwide, insured McFarland was injured when Mashewske caused insured’s car to fall on him; the insurance company sued McFarland and Mashewske for declaratory judgment that Mashewske was not a “covered person” under the policy; *416McFarland and Mashewske counterclaimed for the opposite declaration; and, although the insurance company claimed McFarland did not have standing to assert Mashewske’s rights under the policy, the court held that since the trial court had subject matter jurisdiction over the suit, McFarland’s standing or lack of standing could not deprive the court of jurisdiction and McFarland’s counterclaim could be decided in the case. See id.
As I outlined in my original dissent in this case, Hotze is in a better position than Todd as to standing because he was involved and voted in the initiative and referendum whereas Todd did not. Hotze as a lawmaker regarding the initiative and referendum demonstrates he would have standing to sue in behalf of the other participants and voters in that referendum to invoke the court’s remedial powers in their behalf, and to obtain a declaration, injunction, or some other form of prospective relief which would inure to his and the other participants and voter’s benefit. See Texas Ass’n of Bus. v. Texas Air Control Bd„ 852 S.W.2d 440, 447-48 (Tex.1993). Hotze’s status as a law maker possesses an interest distinct from the general public and the City’s actions through Mayor Brown caused him some special injury. By signing the initiative petition and voting for the proposition that passed gives Hotze a justiciable interest in seeing that proposition is not subverted by a void and illegal executive order by Mayor Brown. Blum v. Lanier, 997 S.W.2d 259 (Tex.1999); Glass v. Smith, 150 Tex. 632, 244 S.W.2d 645 (1951). Mayor Brown’s executive order was not a discretionary act, and he and the City of Houston through Mayor Brown have a ministerial duty to correct the order and make the correction a part of the City’s Official Records. Hotze is entitled to a declaratory judgment and mandamus to require such correction.
I do agree that Todd had standing and capacity to bring this suit, and if he has standing to invoke the subject-matter jurisdiction of the trial court, it is immaterial whether Hotze has standing, although I would hold both had standing.
I respectfully dissent. I would reverse the trial court’s order dismissing Hotze for lack of standing.