Bill Text: TX HR230 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Adopting procedures regarding the impeachment of Wallace L. Hall Jr., a member of the Board of Regents of The University of Texas System, or other state officers, for certain misconduct.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-24 - Filed [HR230 Detail]
Download: Texas-2013-HR230-Introduced.html
| 83S10900 JSA-D | ||
| By: Pitts | H.R. No. 230 | |
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| 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. | ||
