Texas 2021 - 87th 2nd C.S.

Texas House Bill HR133 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S20996 BEF-D
2	2	By: Slaton H.R. No. 133
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5	5	R E S O L U T I O N
6	6	WHEREAS, The House of Representatives of the Texas
7	7	Legislature has exclusive power to present articles of impeachment
8	8	against a state officer under Section 1, Article XV, Texas
9	9	Constitution, and Chapter 665, Government Code; and
10	10	WHEREAS, The fundamental principle of separation of powers is
11	11	guaranteed by Section 1, Article II, Texas Constitution, which
12	12	provides that "no person, or collection of persons, being of one of
13	13	these departments, shall exercise any power properly attached to
14	14	either of the others, except in the instances herein expressly
15	15	permitted"; and
16	16	WHEREAS, The power to compel the attendance of absent members
17	17	of either house of the legislature is expressly granted to that
18	18	house by Section 10, Article III, Texas Constitution, which
19	19	provides that "a smaller number may adjourn from day to day, and
20	20	compel the attendance of absent members, in such manner and under
21	21	such penalties as each House may provide"; and
22	22	WHEREAS, Each house of the legislature is given the power to
23	23	determine the rules of its own proceedings by Section 11, Article
24	24	III, Texas Constitution; and
25	25	WHEREAS, The House of Representatives of the 87th Legislature
26	26	authorized the arrest of absent members as necessary to secure a
27	27	quorum in Rule 5, Section 8, of its permanent rules, which provides
28	28	that "[a]ll absentees for whom no sufficient excuse is made may, by
29	29	order of a majority of those present, be sent for and arrested,
30	30	wherever they may be found, by the sergeant-at-arms or an officer
31	31	appointed by the sergeant-at-arms for that purpose, and their
32	32	attendance shall be secured and retained"; and
33	33	WHEREAS, Judge Brad Urrutia, Judge of the 450th Judicial
34	34	District, demonstrated gross disregard for the constitutional
35	35	separation of powers when, as a member of the judicial department,
36	36	Judge Urrutia prevented the House of Representatives from
37	37	exercising its exclusive constitutional power to arrest absent
38	38	members as necessary to secure a quorum; now, therefore, be it
39	39	RESOLVED, That the Texas House of Representatives impeach
40	40	Judge Brad Urrutia, Judge of the 450th Judicial District; and, be it
41	41	further
42	42	RESOLVED, That in accordance with Section 5, Article XV,
43	43	Texas Constitution, Judge Brad Urrutia, Judge of the 450th Judicial
44	44	District, be suspended from the exercise of the duties of his office
45	45	during the pendency of his impeachment, and that the governor may
46	46	make a provisional appointment to fill the vacancy occasioned by
47	47	the suspension of Judge Urrutia until the conclusion of his trial by
48	48	the Senate on the impeachment charges; and, be it further
49	49	RESOLVED, That the House of Representatives of the 87th Texas
50	50	Legislature conduct an investigation under Section 1, Article XV,
51	51	Texas Constitution, and Chapter 665, Government Code, prepare
52	52	appropriate articles of impeachment against Judge Brad Urrutia,
53	53	Judge of the 450th Judicial District, and consider those articles
54	54	for presentment to the Texas Senate.