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R E S O L U T I O N
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WHEREAS, The House of Representatives of the Texas |
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Legislature has exclusive power to present articles of impeachment |
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against a state officer under Section 1, Article XV, Texas |
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Constitution, and Chapter 665, Government Code; and |
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WHEREAS, The fundamental principle of separation of powers is |
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guaranteed by Section 1, Article II, Texas Constitution, which |
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provides that "no person, or collection of persons, being of one of |
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these departments, shall exercise any power properly attached to |
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either of the others, except in the instances herein expressly |
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permitted"; and |
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WHEREAS, The power to compel the attendance of absent members |
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of either house of the legislature is expressly granted to that |
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house by Section 10, Article III, Texas Constitution, which |
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provides that "a smaller number may adjourn from day to day, and |
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compel the attendance of absent members, in such manner and under |
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such penalties as each House may provide"; and |
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WHEREAS, Each house of the legislature is given the power to |
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determine the rules of its own proceedings by Section 11, Article |
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III, Texas Constitution; and |
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WHEREAS, The House of Representatives of the 87th Legislature |
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authorized the arrest of absent members as necessary to secure a |
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quorum in Rule 5, Section 8, of its permanent rules, which provides |
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that "[a]ll absentees for whom no sufficient excuse is made may, by |
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order of a majority of those present, be sent for and arrested, |
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wherever they may be found, by the sergeant-at-arms or an officer |
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appointed by the sergeant-at-arms for that purpose, and their |
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attendance shall be secured and retained"; and |
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WHEREAS, Judge Brad Urrutia, Judge of the 450th Judicial |
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District, demonstrated gross disregard for the constitutional |
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separation of powers when, as a member of the judicial department, |
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Judge Urrutia prevented the House of Representatives from |
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exercising its exclusive constitutional power to arrest absent |
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members as necessary to secure a quorum; now, therefore, be it |
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RESOLVED, That the Texas House of Representatives impeach |
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Judge Brad Urrutia, Judge of the 450th Judicial District; and, be it |
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further |
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RESOLVED, That in accordance with Section 5, Article XV, |
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Texas Constitution, Judge Brad Urrutia, Judge of the 450th Judicial |
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District, be suspended from the exercise of the duties of his office |
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during the pendency of his impeachment, and that the governor may |
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make a provisional appointment to fill the vacancy occasioned by |
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the suspension of Judge Urrutia until the conclusion of his trial by |
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the Senate on the impeachment charges; and, be it further |
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RESOLVED, That the House of Representatives of the 87th Texas |
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Legislature conduct an investigation under Section 1, Article XV, |
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Texas Constitution, and Chapter 665, Government Code, prepare |
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appropriate articles of impeachment against Judge Brad Urrutia, |
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Judge of the 450th Judicial District, and consider those articles |
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for presentment to the Texas Senate. |