By: Yarbrough H.R. No. 21 73R2528 DRH-D 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.