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