House members seek AG's opinion on speaker's power
By JANET ELLIOTT
Copyright 2007 Houston Chronicle Austin Bureau
AUSTIN — The end-of-session battles over House Speaker Tom Craddick flared anew Monday when two House committee chairmen asked Attorney General Greg Abbott to issue an advisory opinion on the speaker's power.
Ways and Means Chairman Jim Keffer, who wants to be speaker, and Civil Practices Chairman Byron Cook, who has asked Craddick not to seek a fourth term as speaker, asked for the opinion.
Keffer said the House needs to know whether Craddick was within his legal authority last month when he refused to recognize lawmakers who wanted to call for a vote to remove him as speaker.
"If (Craddick) is right, we need to redo the rules accordingly and if he's wrong, the members need to know that," said Keffer, R-Eastland.
Craddick's press secretary, Alexis DeLee, said the speaker welcomes Abbott's review.
"The rules of the Texas House of Representatives do not provide for a motion to conduct a speaker's race in the midst of a session's business," DeLee said. "Furthermore, the rules are clear with regard to the speaker's power of recognition."
Craddick to run again
Abbott's ruling, expected within six months, also could set the stage for the election of speaker when the Legislature convenes in 18 months for the next regular session.
Craddick has said he will run again for speaker. Keffer and six other House members also are seeking the post.
"Clearly, the integrity of the Texas House of Representatives is at a critical crossroads as to whether the use of 'absolute authority' by the post of Texas House speaker contradicts the state constitution," Keffer said in a letter to Abbott.
All 150 House seats are up for election next year. The 2008 campaign season officially kicked off Monday as candidates could begin collecting donations.
Republican political consultant Royal Masset said that the presiding officer's authority to recognize members could come into play at the start of the next session. The secretary of state will preside over the election, and one battle may be over whether the speaker is chosen in open voting as is usually done or by secret ballot.
Masset said the AG's opinion also could be important if there is a special session between now and January 2009.
Asserts absolute authority
In the face of the House rebellion late last month, Craddick, R-Midland, asserted his absolute authority to decide whether to allow a member to speak. He said the only way to remove the speaker would be through impeachment proceedings outlined in the Texas Constitution.
His parliamentarians disagreed, and promptly resigned. Craddick then brought in two former House members, Terry Keel and Ron Wilson, who supported his position.
DeLee said Craddick acted correctly under the House rules and the Texas Constitution, and was consistent with traditions of parliamentary practice.
Keffer and Cook want specific answers to several questions, including whether the House speaker and Senate president pro tem are "legislative officers" who serve at the pleasure of the membership, or "state officers" subject to removal only by impeachment.
They also asked that if the rules give the speaker unlimited discretion to refuse to recognize members for motions to vacate the chair, do those rules effectively give the speaker unlimited ability to prevent his removal.
In a legal brief attached to the letter, Keffer and Cook argue that if House rules give the speaker unlimited power to decline to recognize members, that power could be exercised for any number of "constitutionally impermissible reasons," including a lawmaker's race, religion or gender.
You know what that means? Aaron Pena will be voting for him again. Or he may tell you he's going to vote for democrat Sly Turner. Turner is Craddick's right hand man.
