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R E S O L U T I O N
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WHEREAS, The House of Representatives of the Texas |
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Legislature has exclusive power to present articles of impeachment |
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against a state officer under Section 1, Article XV, Texas |
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Constitution, and Chapter 665, Government Code; now, therefore, be |
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it |
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RESOLVED, That the House of Representatives of the 81st Texas |
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Legislature adopt the following procedures to consider the |
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impeachment of Judge Sharon Keller, Presiding Judge of the Texas |
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Court of Criminal Appeals, for gross neglect of duty and conducting |
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her official duties with willful disregard for human life: |
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SECTION 1. SPECIAL COMMITTEE ON IMPEACHMENT. The House |
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Special Committee on Impeachment composed of seven members of the |
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House of Representatives shall be appointed by the Speaker of the |
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House. The Speaker shall designate a committee member to serve as |
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chair of the committee and a committee member to serve as vice-chair |
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of the committee. |
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SECTION 2. INVESTIGATION; ARTICLES OF IMPEACHMENT. (a) |
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The committee shall conduct an investigation to consider whether to |
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recommend that under Section 1, Article XV, Texas Constitution, and |
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Chapter 665, Government Code, the House of Representatives adopt |
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and present to the Texas Senate articles of impeachment against |
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Judge Sharon Keller, Presiding Judge of the Texas Court of Criminal |
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Appeals, for gross neglect of duty and conducting her official |
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duties with willful disregard for human life in connection with her |
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actions on the evening of September 25, 2007, including her |
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apparent irresponsible refusal to abide by the prior practice of |
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the Texas Court of Criminal Appeals in order to receive the appeal |
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of Michael Richard, which conduct may have resulted in Mr. |
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Richard's deprivation of life without due process of law as |
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guaranteed by the Fifth Amendment to the Constitution of the United |
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States and Section 19, Article I, Texas Constitution, by means of a |
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potentially unlawful execution by lethal injection, and in the |
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embarrassment of the State of Texas in a manner that casts severe |
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doubt on the impartiality of the Texas Court of Criminal Appeals and |
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the entire criminal justice system of this state. |
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(b) The committee shall submit a report of its findings to |
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the Speaker of the House and the full House of Representatives as |
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soon as reasonably practicable, but not later than the 90th day |
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after the date the committee is appointed. If the committee |
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recommends impeachment of the judge, the report shall contain a |
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draft of articles of impeachment. |
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SECTION 3. POWERS; ADMINISTRATION. (a) The committee |
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shall meet at the call of the chair and may meet in executive |
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session if approved by a majority of the members of the committee. |
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(b) The committee has all the powers granted to a standing |
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committee under the Rules of the House of Representatives and under |
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Subchapter B, Chapter 301, Government Code, including the power to |
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issue process to procure testimony or other evidence. |
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(c) On the request of the committee, the House of |
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Representatives or the Texas Legislative Council shall provide the |
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staff necessary to assist the committee in carrying out its duties. |
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(d) The operating expenses of the committee shall be paid as |
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determined by the Committee on House Administration. |
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SECTION 4. EXPIRATION. This resolution expires and the |
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House Special Committee on Impeachment ceases to exist on January |
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1, 2010. |