Speaker controversy survives session

Since the regular session of the 80th Texas Legislature is over, you could reasonably assume that the Speaker controversy is moot: after all, there's not session over which the Speaker will preside, and elections will occur before the next Speaker's selection in 2009. But the controversy continues and has spilled over into the Attorney General's office.

Rep. Jim Keffer (R-Eastland), Ways and Means committee chair, has formally requested an Advisory Opinion from Attorney General Gregg Abbott "on the legal and constitutional scope and limitation of claimed 'Absolute Authority' and other powers of the current Speaker of the Texas House of Representatives." Read Keffer's letter here, and the questions he poses to the AG here.

As if that's not enough drama, Rep. Will Hartnett (R-Dallas), Chair of the Judiciary committee, also submitted a request to Abbott asking for a ruling on whether or not the Constitution and the rules of the Senate authorize senators to remove the President of the Senate (i.e., the Lt. Governor) and if the President of the Senate has the power to refuse to recognize a senator for a motion. Since Abbott is known to have ambitions to become Lt. Governor, a ruling on Hartnett's request could come back to haunt him.

Speaker Tom Craddick (R-Midland) responded with a 40-plus-page legal brief sent to Abbott which claimed it would be inappropriate and indeed unconstitutional for the AG to become embroiled in an internal legislative matter dealing with the House rules. The brief is extensive, covering all issues mentioned in the Keffer/Cook requests just in case Abbott doesn't agree with Craddick's first point: that he shouldn't get involved.

Craddick's brief is supported by letters from the new House Parliamentarian, former Rep. Terry Keel, and Rep. Warren Chisum (R-Pampa), Chair of the Appropriations committee.