H.R. No. 254 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 Chapter 241, Election Code, Speaker 1-5 Gibson D. "Gib" Lewis appointed a master of discovery for the 1-6 election contest on December 18, 1992, and a Select Committee on 1-7 Election Contest on January 6, 1993, to begin consideration of the 1-8 contest; and 1-9 WHEREAS, Pursuant to Chapter 241, Election Code, Speaker 1-10 James E. "Pete" Laney appointed a master of discovery and a Select 1-11 Committee on Election Contest on January 13, 1993, to continue 1-12 consideration of the contest; and 1-13 WHEREAS, On February 3, 1993, after a public hearing the 1-14 committee found by a vote of 9 to 0 that in the matter of the 1-15 election contest for District 144 the contestant did not by clear 1-16 and convincing evidence establish that the outcome of the contested 1-17 election was not the true outcome because of any ground prescribed 1-18 in Chapter 221, Election Code; and 1-19 WHEREAS, On February 12, 1993, pursuant to Section 241.017, 1-20 Election Code, a written statement of withdrawal signed by the 1-21 contestant's attorney was filed with the chairman of the committee 1-22 and the speaker of the house of representatives; and 1-23 WHEREAS, On January 13, 1993, pursuant to H.R. No. 21, a 1-24 question as to the eligibility of Robert E. Talton to hold the 2-1 office of state representative, District 144, was referred to the 2-2 Select Committee on Election Contest; and 2-3 WHEREAS, On February 4, 1993, after a public hearing the 2-4 committee found by a vote of 9 to 0 that it had not been shown by 2-5 clear and convincing evidence that Robert E. Talton was ineligible 2-6 to serve as a member of the house of representatives; and 2-7 WHEREAS, On January 11, 1993, Robert E. Talton executed an 2-8 agreement permitting him to serve conditionally as a member of this 2-9 house until the election contest in District 144 and the question 2-10 of Robert E. Talton's eligibility were resolved; now, therefore, be 2-11 it 2-12 RESOLVED, That the contestant's statement of withdrawal of 2-13 the election contest be read into the journal, as required by law; 2-14 and, be it further 2-15 RESOLVED, That the Select Committee on Election Contest and 2-16 the special master appointed to assist the committee be discharged 2-17 and that the committee need not make further report to this house; 2-18 and, be it further 2-19 RESOLVED, That pursuant to Section 241.025, Election Code, 2-20 each party to the election contest and to the question of 2-21 eligibility bear the party's own costs, and that the cost of the 2-22 proceedings of the master of discovery and the committee not 2-23 assessed against a party be borne by this house; and, be it further 2-24 RESOLVED, That Robert E. Talton be seated unconditionally as 2-25 a member of the house of representatives for District 144, 73rd 2-26 Legislature. 2-27 Legislature. 3-1 Yarbrough 3-2 H.R. No. 254 3-3 _______________________________ 3-4 Speaker of the House 3-5 I certify that H.R. No. 254 was adopted by the House on 3-6 February 15, 1993, by a non-record vote. 3-7 _______________________________ 3-8 Chief Clerk of the House