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Truant Texas Dems violating open meetings law (possible way to arrest them in OK)

Posted on 05/13/2003 9:15:05 PM PDT by GOPcapitalist

The following letter was sent to the Travis County District Attorney by the Republican Party of Texas today:

>The Hon. Ronnie Earle
>Travis County District Attorney
>509 W.11th St
>Austin, TX 78701

Dear Mr. Earle,

I am confident you are aware that a sizeable group of Democrat legislators have left the Texas State Capitol and gathered in an adjoining state. According to reports from the Department of Public Safety, the majority of the House Democrat Caucus is currently together at a Holiday Inn in Ardmore, Oklahoma.

Unfortunately, news reports indicate that the group has been discussing legislative matters. There is a concern that these discussions may actually be a violation of the Open Meetings Laws, because it appears the members on the House Committees on Pensions and Investments, and Land and Resource Management have a majoirty of their members present, thus producing a quorum. If a majority of the members of a House Committee are indeed meeting in secret, without the proper posting requirements being performed, then a clear violation of the Open Meetings Laws of Texas has occurred.

It is clear that a majority of members of several House committees are gathered together and constitute a quorum. I urge you to request a Cease and Desist Order and devote the necessary resources from your office to investigate these matters and protect the right of Texas citizens to have an open government.

Sincerely,

Susan Weddington
Chairman, Republican Party of Texas

Texas Open Meetings Law:

§ 551.143. Conspiracy to Circumvent Chapter; Offense; Penalty

(a) A member or group of members of a governmental body commits an offense if the member or group of members knowingly conspires to circumvent this chapter by meeting in numbers less than a quorum for the purpose of secret deliberations in violation of this chapter.

(b) An offense under Subsection (a) is a misdemeanor punishable by:

(1) a fine of not less than $100 or more than $500;

(2) confinement in the county jail for not less than one month or more than six months; or

(3) both the fine and confinement.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.

§ 551.144. Closed Meeting; Offense; Penalty

(a) A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly:

(1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting;

(2) closes or aids in closing the meeting to the public, if it is a regular meeting; or

(3) participates in the closed meeting, whether it is a regular, special, or called meeting.

(b) An offense under Subsection (a) is a misdemeanor punishable by:

(1) a fine of not less than $100 or more than $500;

(2) confinement in the county jail for not less than one month or more than six months; or

(3) both the fine and confinement.

(c) It is an affirmative defense to prosecution under Subsection (a) that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.

Amended by Acts 1999, 76th Leg., ch. 647, § 3, eff. Aug. 30, 1999.


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: chickends; texasdemocrats; texasrats; truantdems
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If it can be proven, this effectively means that the Texas Dems not only evaded a Call of the House, for which they may be arrested and delivered but not prosecuted, but also committed a criminal offense that is punishable by jail time and could theoretically be grounds for an arrest.
1 posted on 05/13/2003 9:15:05 PM PDT by GOPcapitalist
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To: GOPcapitalist
Hardball---I like it!!

This has gotta be making Rats look like doofuses nation-wide.
2 posted on 05/13/2003 9:17:06 PM PDT by fightinJAG
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To: fightinJAG
bump
3 posted on 05/13/2003 9:18:21 PM PDT by timestax
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To: fightinJAG
Here's more from the Texas statutes:

SUBCHAPTER G. ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS

§ 551.141. Action Voidable

An action taken by a governmental body in violation of this chapter is voidable.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.

§ 551.142. Mandamus; Injunction

(a) An interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this chapter by members of a governmental body.

(b) The court may assess costs of litigation and reasonable attorney fees incurred by a plaintiff or defendant who substantially prevails in an action under Subsection (a). In exercising its discretion, the court shall consider whether the action was brought in good faith and whether the conduct of the governmental body had a reasonable basis in law.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.

4 posted on 05/13/2003 9:19:19 PM PDT by GOPcapitalist
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To: GOPcapitalist
Why not just send out a bunch of bounty hunters to bring back the cowards? The Texas legislature only needs 8 of these pu$$ies to have a quorum.
5 posted on 05/13/2003 9:19:41 PM PDT by Sgt_Schultze
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To: anymouse; Gracey; PetroniDE; HoustonCurmudgeon; Flyer
Texas bump! Here's a possible way we can get the 'rats charged and arrested.
6 posted on 05/13/2003 9:21:33 PM PDT by GOPcapitalist
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To: GOPcapitalist
Does Texas have chain gangs?
7 posted on 05/13/2003 9:21:46 PM PDT by Consort
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To: All
Get a rope!
8 posted on 05/13/2003 9:22:32 PM PDT by Reagan is King
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To: GOPcapitalist
These hypocrites: They expect us to keep the laws they make -- while ignoring laws to suit their whim.
9 posted on 05/13/2003 9:24:24 PM PDT by BenR2 ((John 3:16: Still True Today.))
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To: GOPcapitalist
The Texas GOP should market Wanted Posters, card decks, tee shirts, etc, to raise money for candidates. They could give 1% of the proceeds to the Dems just to make it fair and ligit.
10 posted on 05/13/2003 9:24:59 PM PDT by Consort
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To: GOPcapitalist
Ronnie Earle does not know how to investigate Democrats. I think he's still investigating Kay Bay's first Senate race.
11 posted on 05/13/2003 9:25:09 PM PDT by centexan
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To: fightinJAG
This has gotta be making Rats look like doofuses nation-wide.

One would think so but I listened to most of Rush and Sean today and I didn't hear a word. Is this story really getting the media coverage that it deserves? Should be front page stuff I would think.

12 posted on 05/13/2003 9:25:14 PM PDT by InterceptPoint
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To: GOPcapitalist
This is great!

Additionally, the Governor of Texas should be requesting the Governor of Oklahoma expell the fugitive Texas Legislators back to the Texas border.

And make it public so citizens can line up and spit on the returning rats!
13 posted on 05/13/2003 9:26:12 PM PDT by DakotaGator (The Democrat Party; 40 years without honor or integrity.)
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To: InterceptPoint
You're kidding---I would think Rush and Sean would be eating this up. For one thing, it is SO FUNNY. Could it be that Tom DeLay actually did pull a fast one or what?
14 posted on 05/13/2003 9:26:44 PM PDT by fightinJAG
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To: centexan
"Ronnie Earle does not know how to investigate Democrats. I think he's still investigating Kay Bay's first Senate race>"

Earle is probably the slimeiest DA in the state.
15 posted on 05/13/2003 9:27:08 PM PDT by The South Texan (The Democrat Party and the leftist (ABCCBSNBCCCNN NYLA TIMES)media are a criminal enterprise!)
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To: InterceptPoint
I t would be great if they all ended up in jail, except a few not members of the commitees... maybe just the 5 needed to make qorum :)

could have some real fun with it 88 to 12...
16 posted on 05/13/2003 9:27:19 PM PDT by AlextheWise1
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To: The South Texan
Why is it we never get lucky and get a GOP DA in these cases?
17 posted on 05/13/2003 9:27:41 PM PDT by rwfromkansas (Blessed be the Lord, the God of Israel!)
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To: The South Texan
We know he isn't going to do anything about this request but laugh!
18 posted on 05/13/2003 9:27:59 PM PDT by rwfromkansas (Blessed be the Lord, the God of Israel!)
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To: centexan
Ronnie Earle does not know how to investigate Democrats. I think he's still investigating Kay Bay's first Senate race.

I know he doesn't, but he has previously tried to prosecute Republicans on "open meetings violations" for stuff like going out to lunch together! Perhaps we should start making complaints to other DA's...maybe the home county ones of each of the fugitive legislators.

19 posted on 05/13/2003 9:28:18 PM PDT by GOPcapitalist
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To: GOPcapitalist
Excellent! But, is the Travis county DA a dem as well? I suspect that there's not a republican on staff there.
20 posted on 05/13/2003 9:28:59 PM PDT by Wneighbor (aka Mrs. Field)
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