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Craddick claims victory; Abbott sidesteps addressing some questions.
By Laylan Copelin
AMERICAN-STATESMAN STAFF

Six months ago, Texas Attorney General Greg Abbott was asked to referee the fight between Speaker Tom Craddick, R-Midland, and a rebellious group of Republicans and Democrats who wanted to remove him as House leader during the final days of the legislative session.

Late Friday night, almost too late for reaction, Abbott finally delivered his opinion, just hours before today's legal deadline.

n layman's terms, he gave both sides something to cling to while refusing to interpret House rules at the center of the controversy that enveloped the chamber in May.

In an e-mail, Craddick's press secretary, Alexis DeLee, declared victory.

"The speaker welcomes the attorney general's opinion and his acknowledgement 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," the news release said. "The attorney general's opinion affirms the speaker's position on all issues."

Two Republican lawmakers who had sought Abbott's opinion, Rep. Jim Keffer of Eastland and Byron Cook of Corsicana, disagreed.

"In football terms, the attorney general's advisory opinion has punted this issue to the courts and has fumbled in its attempted summary," they said in an e-mail.

They argued that Craddick, who is elected from one district out of 150, is not a statewide officer and can be removed by a majority of House members.

"We firmly believe Craddick's application of 'absolute authority' has violated constitutional rights of members of the legislature and the constituents they serve," they wrote. "The people of Texas need to let their local representatives know that they've had enough of Tom Craddick's one-man dictatorship."

In his opinion, Abbott concluded that the state constitution and statutes are silent as to whether the speaker, elected by the 150 House members, is an "officer of the state" for the purpose of removing him from office.

But the attorney general cited two Texas Supreme Court decisions in obscure cases dealing with the removal of a San Antonio State Hospital superintendent and a member of the Texas Relief Commission, a Depression-era agency.

"Although neither decision is a model of clarity," Abbott's lawyers wrote, "they are the best authority available."

Reading those decisions, the attorney general wrote that courts would "likely" rule that the speaker is a state officer who "most likely" serves a fixed term.

"His tenure explicitly begins when the House first assembles and temporarily organizes, and, due to the ongoing duties imposed by law, must continue until the next session commences," the opinion says.

That conclusion bolsters the argument of pro-Craddick forces who said the House should not try to remove a speaker during a legislative session, barring impeachment on serious charges.

In May, Craddick's opponents criticized the speaker's leadership style, saying he had consolidated power in his office and was forcing members to vote against the best interests of their districts, an accusation Craddick denied. They never accused Craddick of criminal wrongdoing, which would have been grounds for impeachment.

Abbott's opinion adds, however, that removing a speaker is not limited to impeachment.

At that point, however, Abbott cites the separation-of-powers provision in the constitution, refusing to interpret House rules or the parliamentarian's interpretations of those rules.

The issue in May was whether Craddick had to allow a vote on a motion to remove him and elect a new speaker. He refused, claiming he had absolute power to recognize a member for a motion — or not.

Craddick's detractors, which by that time included many of his former GOP supporters such as Rep. Mike Krusee of Williamson County, argued that House members who elect a speaker can remove a speaker.

Craddick's allies said removing a speaker under those circumstances would invite chaos.

The House, evenly split between Craddick's supporters and opponents, embarks on the 2008 election season as both sides hope to return to Austin in 2009 with a clear majority.

All 150 House members are up for re-election, but only a couple of dozen House races are likely to be in play.

With the House so evenly divided, a few victories one way or the other could ensure Craddick's re-election to a fourth term or a new speaker elected on the first day of the legislative session.

lcopelin@statesman.com; 445-3617