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