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Why Is Craddick Using House Institutions Against Its Own Members?

By Vince Leibowitz  on May 8, 2008 in 2008 Texas Elections       [Post to Twitter] Tweet This Post  

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Adding to their indignation is the fact that institutions created to help the members are being used against them now.

The House General Investigating and Ethics Committee opened an investigation a month ago at Mr. Craddick’s request – though the members didn’t know about it until last week. The Texas Legislative Council – which exists to help members draft legislation and use their legal advice – has sent the House members in question a letter telling them they plan to release computer records to the Travis County District Attorney’s office at the DA’s request. The House Business Office, which holds payroll records and personnel files, is also expected to be involved.

“They are destroying the House,” said Glenn Smith of the Texas Progressive Council, which supports House Democrats and the Republicans who are against Mr. Craddick. “If members can’t count on those support services to be neutral, they can’t get their jobs done. You may as well not have representatives elected from throughout Texas. You may as well have one speaker elected as governor and do away with the legislative branch.”

Glenn Smith is spot on when it comes to this issue. The Texas Legislative Council is supposed to be a neutral agency. In fact, communications between a member of the legislature and an employee of the council relating to official information, advice, or opinions are confidential under Texas law. Information and even advice given privately by a council staffer to a member of the legislature are confidential under Texas law.

The Legislative Council is essentially like a large general counsel’s office for the members of the legislature on a variety of issues. Why, then, is Craddick using them as a pawn. Of course, the Travis County DA’s office has the right to request the records and, if they need them to conduct their investigation into this matter, they may subpoena those or the council may cooperate in giving them to the DA’s office, But, for Craddick to use the Lege Council as a pawn in a political game is simply unacceptable. The legislators must be able to trust the legislative council for non-partisan advice.

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  1. South Texas Chisme on May 20th, 2008 3:06 pm

    links from Technoratidistrict attorney’s office. Under state law, people who testify or provide evidence for a legislative inquiry can receive immunity from prosecution for misdeeds. So, if the committee investigates itself, its members could derail any case by prosecutors.Vince at Capital Annex

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