83S10900 JSA-D
By: Pitts H.R. No. 230
R E S O L U T I O N
WHEREAS, The House of Representatives of the State of Texas
has the responsibility and authority under Chapter 665, Government
Code, as authorized by Section 7, Article XV, Texas Constitution,
to present articles of impeachment to the Texas Senate calling for
the removal from office of a member, regent, trustee, or
commissioner having control or management of a state institution or
enterprise for misconduct, malfeasance, abuse of office, or
incompetency; and
WHEREAS, The Texas Supreme Court in Ferguson v. Maddox, 263
S.W. 888 (Tex. 1924), established that impeachable offenses need
not be violations of the law, finding that "'[t]he purposes of an
impeachment lie wholly beyond the penalties of the statute or the
customary law.' The Constitution, in relation to impeachment, has
in mind the protection of the people from official delinquencies or
malfeasances"; and
WHEREAS, Wallace L. Hall Jr., a member of the Board of
Regents of The University of Texas System, may have obtained that
office through misrepresentation of material facts regarding his
experience and qualifications in a manner that violates the penal
laws of this state, including Section 37.10, Penal Code, and casts
doubt on his fitness to hold public office and ability to carry out
the responsibilities of that office with the integrity expected of
a person holding a position of public trust in this state; and
WHEREAS, Mr. Hall, through ongoing concealment of that
misrepresentation, may have continued to violate the public trust
and demonstrate continuing unfitness to hold office throughout his
service on the board of regents; and
WHEREAS, Mr. Hall, while holding office as a member of the
Board of Regents of The University of Texas System, may have abused
that office by making numerous unreasonably burdensome, wasteful,
and intrusive requests for information of certain University of
Texas System institutions as a member of the board of regents as
well as on his own behalf; and
WHEREAS, Mr. Hall has exhibited behavior that calls into
question his fitness for office by giving the incorrect and
misleading impression to certain institutions and personnel of The
University of Texas System that certain actions taken and requests
for information made by him were approved by the board of regents,
when in fact the actions taken or requests made were without
approval of the board of regents; and
WHEREAS, Mr. Hall may have violated the duties and
responsibilities of his office and interfered with the proper
functioning of The University of Texas System and its component
institutions by disregarding the processes and procedures of the
board of regents concerning the gathering and handling of
information from institutions of the system; now, therefore, be it
RESOLVED, That the House of Representatives of the 83rd Texas
Legislature initiate impeachment proceedings under Chapter 665,
Government Code, including the investigation of matters related to
a contemplated impeachment, against Wallace L. Hall Jr., a member
of the Board of Regents of The University of Texas System, and any
other state officer that the investigation of the matters described
by this resolution reveals may have engaged in misconduct,
malfeasance, abuse of office, or incompetency; and, be it further
RESOLVED, That the house of representatives adopt the
following procedures for investigating the matters described by
this resolution and, if appropriate, preparing appropriate
articles of impeachment and acting on those articles of
impeachment:
SECTION 1. SPECIAL COMMITTEE ON IMPEACHMENT. The speaker
of the house of representatives shall appoint the House Special
Committee on Impeachment composed of seven members of the house of
representatives appointed by the speaker. The speaker shall
designate a committee member to serve as chair of the committee and
a committee member to serve as vice chair of the committee.
SECTION 2. INVESTIGATION; ARTICLES OF IMPEACHMENT. The
committee shall conduct a full and fair investigation under Chapter
665, Government Code, of the matters described by this resolution
and, if warranted, propose appropriate articles of impeachment
against Wallace L. Hall Jr., a member of the Board of Regents of The
University of Texas System, and any other state officer that the
investigation of the matters described by this resolution reveals
may have engaged in misconduct, malfeasance, abuse of office, or
incompetency, and present those articles to the Texas House of
Representatives to consider for presentment to the Texas Senate.
SECTION 3. POWERS; ADMINISTRATION. (a) The committee
shall meet at the call of the chair and may meet in executive
session if approved by a majority of the members of the committee.
(b) The committee has all the powers granted to a standing
committee under the Rules of the House of Representatives and under
Subchapter B, Chapter 301, Government Code, including the power to
issue process to procure testimony or other evidence, and any
powers provided to a legislative committee by Subchapter B, Chapter
301, or Chapter 665, Government Code, or other law. The committee
is a general investigating committee of the house for purposes of
Subchapter B, Chapter 301, Government Code.
(c) On the request of the committee, the Texas House of
Representatives or the Texas Legislative Council shall provide the
staff necessary to assist the committee in carrying out its duties.
(d) The operating expenses of the committee shall be paid as
determined by the Committee on House Administration.