H.R. No. 21
R E S O L U T I O N
1-1 WHEREAS, Proceedings were initiated by Donald Peter Fogo to
1-2 contest the election of Robert E. Talton to the office of state
1-3 representative, District 144, Harris County, Texas; and
1-4 WHEREAS, Pursuant to the Election Code, Speaker Gibson D.
1-5 "Gib" Lewis appointed a master of discovery for the election
1-6 contest on December 18, 1992, and a Select Committee on Election
1-7 Contest on January 6, 1993, to begin consideration of the contest;
1-8 and
1-9 WHEREAS, Pursuant to the Election Code, Speaker James E.
1-10 "Pete" Laney has appointed a master of discovery for the election
1-11 contest and a Select Committee on Election Contest to continue
1-12 consideration of the contest; and
1-13 WHEREAS, A question has been raised as to the eligibility of
1-14 Robert E. Talton to hold the office of state representative,
1-15 District 144; now, therefore, be it
1-16 RESOLVED, That the Select Committee on Election Contest has
1-17 all powers and duties not inconsistent with the Election Code that
1-18 are conferred on standing committees of the house by the rules of
1-19 the house and by the Legislative Reorganization Act of 1961
1-20 (Subchapter B, Chapter 301, Government Code); and, be it further
1-21 RESOLVED, That the select committee use the Texas Rules of
1-22 Civil Procedure and the Texas Rules of Evidence as guidelines in
1-23 its proceedings, subject to changes in those rules or limitations
1-24 imposed by the committee; and, be it further
2-1 RESOLVED, That the Select Committee on Election Contest
2-2 shall, in a proceeding separate from its duties in the election
2-3 contest under the Election Code, consider the eligibility under
2-4 Article III, Section 19, of the Texas Constitution of Robert E.
2-5 Talton to hold the office of state representative, District 144;
2-6 and, be it further
2-7 RESOLVED, That the master of discovery in the election
2-8 contest shall investigate the eligibility of Mr. Talton to hold
2-9 office and report to the select committee on any findings or
2-10 rulings on the eligibility issue in the general manner provided for
2-11 an election contest under Chapter 241, Election Code; and, be it
2-12 further
2-13 RESOLVED, That the select committee shall investigate the
2-14 eligibility issue in the general manner provided for an election
2-15 contest under Chapter 241, Election Code; and, be it further
2-16 RESOLVED, That expenses incurred by the master of discovery
2-17 and the select committee in investigating the eligibility issue
2-18 are payable in accordance with house rules and the policies of the
2-19 House Committee on Administration; and, be it further
2-20 RESOLVED, That the select committee make a report of its
2-21 findings on the eligibility issue to the House of Representatives
2-22 of the 73rd Legislature, including either a recommendation that
2-23 Mr. Talton be permitted to hold the office of state representative,
2-24 District 144, for the remainder of the term or a recommendation
2-25 that Mr. Talton be excluded from that office by a majority vote of
2-26 the house under authority of Article III, Section 8, of the Texas
2-27 Constitution and that the office be declared vacant; and, be it
3-1 further
3-2 RESOLVED, That the authority provided by Section 241.016,
3-3 Election Code, to file a minority report in an election contest is
3-4 also applicable to the findings and report of the select committee
3-5 on the eligibility issue; and, be it further
3-6 RESOLVED, That the select committee may meet while the house
3-7 is in session.
3-8 Bosse
3-9 Bailey
3-10 Yarbrough
3-11 Bosse
3-12 Bailey