Bill Text: TX HR133 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Impeaching and suspending from office Judge Brad Urrutia, Judge of the 450th Judicial District.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-30 - Filed [HR133 Detail]
Download: Texas-2021-HR133-Introduced.html
87S20996 BEF-D | ||
By: Slaton | H.R. No. 133 |
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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. |