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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 State of Texas |
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has the responsibility and authority under Chapter 665, Government |
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Code, as authorized by Section 7, Article XV, Texas Constitution, |
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to present articles of impeachment to the Texas Senate calling for |
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the removal from office of a member, regent, trustee, or |
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commissioner having control or management of a state institution or |
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enterprise for misconduct, malfeasance, abuse of office, or |
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incompetency; and |
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WHEREAS, The Texas Supreme Court in Ferguson v. Maddox, 263 |
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S.W. 888 (Tex. 1924), established that impeachable offenses need |
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not be violations of the law, finding that "'[t]he purposes of an |
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impeachment lie wholly beyond the penalties of the statute or the |
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customary law.' The Constitution, in relation to impeachment, has |
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in mind the protection of the people from official delinquencies or |
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malfeasances"; and |
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WHEREAS, Wallace L. Hall Jr., a member of the Board of |
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Regents of The University of Texas System, may have obtained that |
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office through misrepresentation of material facts regarding his |
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experience and qualifications in a manner that violates the penal |
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laws of this state, including Section 37.10, Penal Code, and casts |
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doubt on his fitness to hold public office and ability to carry out |
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the responsibilities of that office with the integrity expected of |
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a person holding a position of public trust in this state; and |
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WHEREAS, Mr. Hall, through ongoing concealment of that |
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misrepresentation, may have continued to violate the public trust |
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and demonstrate continuing unfitness to hold office throughout his |
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service on the board of regents; and |
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WHEREAS, Mr. Hall, while holding office as a member of the |
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Board of Regents of The University of Texas System, may have abused |
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that office by making numerous unreasonably burdensome, wasteful, |
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and intrusive requests for information of certain University of |
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Texas System institutions as a member of the board of regents as |
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well as on his own behalf; and |
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WHEREAS, Mr. Hall has exhibited behavior that calls into |
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question his fitness for office by giving the incorrect and |
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misleading impression to certain institutions and personnel of The |
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University of Texas System that certain actions taken and requests |
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for information made by him were approved by the board of regents, |
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when in fact the actions taken or requests made were without |
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approval of the board of regents; and |
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WHEREAS, Mr. Hall may have violated the duties and |
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responsibilities of his office and interfered with the proper |
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functioning of The University of Texas System and its component |
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institutions by disregarding the processes and procedures of the |
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board of regents concerning the gathering and handling of |
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information from institutions of the system; now, therefore, be it |
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RESOLVED, That the House of Representatives of the 83rd Texas |
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Legislature initiate impeachment proceedings under Chapter 665, |
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Government Code, including the investigation of matters related to |
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a contemplated impeachment, against Wallace L. Hall Jr., a member |
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of the Board of Regents of The University of Texas System, and any |
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other state officer that the investigation of the matters described |
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by this resolution reveals may have engaged in misconduct, |
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malfeasance, abuse of office, or incompetency; and, be it further |
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RESOLVED, That the house of representatives adopt the |
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following procedures for investigating the matters described by |
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this resolution and, if appropriate, preparing appropriate |
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articles of impeachment and acting on those articles of |
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impeachment: |
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SECTION 1. SPECIAL COMMITTEE ON IMPEACHMENT. The speaker |
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of the house of representatives shall appoint the House Special |
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Committee on Impeachment composed of seven members of the house of |
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representatives appointed by the speaker. The speaker shall |
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designate a committee member to serve as chair of the committee and |
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a committee member to serve as vice chair of the committee. |
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SECTION 2. INVESTIGATION; ARTICLES OF IMPEACHMENT. The |
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committee shall conduct a full and fair investigation under Chapter |
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665, Government Code, of the matters described by this resolution |
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and, if warranted, propose appropriate articles of impeachment |
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against Wallace L. Hall Jr., a member of the Board of Regents of The |
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University of Texas System, and any other state officer that the |
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investigation of the matters described by this resolution reveals |
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may have engaged in misconduct, malfeasance, abuse of office, or |
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incompetency, and present those articles to the Texas House of |
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Representatives to consider for presentment to the Texas Senate. |
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SECTION 3. POWERS; ADMINISTRATION. (a) The committee |
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shall meet at the call of the chair and may meet in executive |
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session if approved by a majority of the members of the committee. |
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(b) The committee has all the powers granted to a standing |
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committee under the Rules of the House of Representatives and under |
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Subchapter B, Chapter 301, Government Code, including the power to |
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issue process to procure testimony or other evidence, and any |
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powers provided to a legislative committee by Subchapter B, Chapter |
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301, or Chapter 665, Government Code, or other law. The committee |
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is a general investigating committee of the house for purposes of |
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Subchapter B, Chapter 301, Government Code. |
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(c) On the request of the committee, the Texas House of |
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Representatives or the Texas Legislative Council shall provide the |
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staff necessary to assist the committee in carrying out its duties. |
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(d) The operating expenses of the committee shall be paid as |
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determined by the Committee on House Administration. |