The Following is Being Entered Into the House Journal

The office of Speaker of the Texas House of Representatives is the only constitutionally-mandated officer of the Texas House by virtue of Article 3 Section 9 of the Texas Constitution.  All other officers of the House including committee chairs are chosen by rule.  The Speaker occupies a unique position in this state as an officeholder in his capacity as a state representative from a particular district of this state and also as the constitutional officeholder of the position of Speaker of the Texas House of Representatives.

The Texas Constitution speaks to the exclusive grounds for the removal of officeholders.  Article 16 Section 5 is applicable to all officeholders and is automatic upon conviction for bribery.

Article 3 Section 11 is specific to the legislature and authorizes each house of the legislature to expel members for offenses upon a two-thirds vote.  Article 3 Section 8 vests procedural authority upon each house to judge election contests and qualifications to hold office as a state legislator.

Furthermore a unique provision of the Texas Constitution Article 15 Section 7 mandates that the legislature can only provide for the trial and removal from office of any officer of this State by enactment of a law if a mode for a state officer’s removal has not otherwise been specifically provided for in the Texas Constitution.

This unambiguous provision of the Texas Constitution overrides any supposed merit to the suggestion that a process to remove an officer of this State can be created by one house of the legislature during a legislative session and used to remove that officer from office.  

Because Article 15 Section 7 specifically forbids the result that Representatives Smith Hill and Dunnam seek to accomplish by motion  their reliance on precedent from sources outside of the Rules of this House the Texas Constitution and the laws of this state is misplaced and violates the specific substantive provisions and procedural guarantees of the Texas Constitution.

Additionally and independent of the foregoing the House Rules do not have a provision for members to remove a Speaker during mid-session for the reason that Article 3 Section 9 of the Texas Constitution governs the timing and authority for the election of the Speaker.   A motion to amend the rules to provide for electing a Speaker by a new and different method than that set out in the Texas Constitution is in essence an attempt to amend the Texas Constitution by the passage of a motion in one house.  Amendments to the Texas Constitution can only come about by the passage by two-thirds vote in both houses of the proposed amendment which must then receive voter approval in an election called for that purpose.

Given that the motion being proposed is not authorized by law and furthermore conflicts with applicable provisions of the Texas Constitution the effect of passage of such a motion would be invalid.  As a matter of public policy for a Speaker to recognize a member for such a motion would not only be disruptive of the legitimate business on behalf of the citizens of this state that the House should instead be conducting but it also would undermine the institution of the office of the Speaker of the Texas House of Representatives.

Therefore pursuant to my authority under Rule 5 Section 24 of the House Rules I denied the requests to be recognized for the motion.