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Victory claimed by both Craddick and his opponents

By R.G. RATCLIFFE
Copyright 2007 Houston Chronicle Austin Bureau

AUSTIN — Attorney General Greg Abbott has delivered a legal opinion that gives both sides tacit victories in the battle to oust Rep. Tom Craddick as Texas House speaker.

Abbott agreed with Craddick that the speaker is a state officer who is subject to removal from office by impeachment, a process that would give the Texas Senate the final say in whether the House presiding officer kept his job.

"But the fact that the speaker can be impeached (under the Texas Constitution) does not mean that impeachment is the only means of removing a speaker," Abbott wrote.

House rebels in the final days of the legislative session in May tried to remove Craddick by calling a vote to vacate the chair. Craddick refused to allow the vote to occur, saying he had "absolute authority" to interpret House rules.

The anti-Craddick side had hoped Abbott would rule that Craddick had exceeded his authority. But Abbott declined to give an opinion on House rules.

The Abbott opinion was delivered Friday.

Craddick's spokeswoman, Alexis DeLee, hailed the ruling as a victory for the speaker.

"The speaker welcomes the attorney general's opinion and his acknowledgment that the rules of the House, as well as the interpretation of those rules, are matters to be determined solely by the members of the House," DeLee said. "The attorney general's opinion affirms the speaker's position on all issues, including that the speaker is an officer of the state, who serves a two-year term of office."

State Rep. Jim Keffer, R-Eastland, and Rep. Byron Cook, R-Corsicana, described Abbott as "punting" in the debate.

"We firmly believe our state constitution did not create the Texas House Speaker post as a dictatorial position," Keffer and Cook said in a joint statement.

Keffer is an announced candidate for speaker when the Legislature convenes in 2009.

State Rep. Jim Pitts, R-Waxahachie, who lost a speaker's race to Craddick in January and has announced he will run again, said the ruling favored the position of the Craddick opponents.

Unless the Legislature meets again in special session, the legal battle has no impact on Craddick continuing to serve as speaker. When the House reconvenes in January 2009, the constitution requires the body to elect a new speaker.

r.g.ratcliffe@chron.com