No. V-0053 (1947).

• Court: Texas

Texas Attorney General Opinions 1947. No. V-0053 (1947). 1Feb. 27, 1947Hon. Donald M. Markle, ChairmanCommittee on Privileges, Suffrage & ElectionsHouse of Representatives, 50th LegislatureAustin, TexasOpinion No. V-53Re: Whether the House of Representatives may seat a delegate elected as the "Representative from Nueces County"Dear Sir:You have asked our opinion on the two questions set out below, arising from the following situation stated in your letter of February 20, 1947, to this department, which reads as follows:

"I hand you herewith an instrument, dated November 18, 1946, executed by the County Judge of Nueces County, Texas, certifying that at an election held on November 5, 1946, Mr. Philip A. Schraub, of Corpus Christi, Texas, was elected a Representative from Nueces County to the House of Representatives of the Fiftieth Legislature. This instrument was filed with the Chief Clerk of the House of Representatives on January 16, 1947, and was referred to the Committee on Privileges Suffrage and Elections of the House by the Speaker on February 12, 1947.

"Mr. O. E. Cannon, of Corpus Christi, Texas, has been certified by the Secretary of State as the duly elected Representative from District No. 71 to the House of Representatives of the Fiftieth Legislature. (See page 3 of House Journal for January 14, 1947.)

"The provisions of the election laws of Texas pertaining to contests arising out of elections for members of the Legislature do not provide for a situation such as this one. (See Title 50, Ch. 9, of the R.C.S. of Texas, 1925.)

"On January 16, 1947, Mr. Schraub, in an address delivered before the House requested that he be seated. (See page 42, et seq., of the current House Journal.)

2

"The Committee on Privileges, Suffrage and Elections of the House, of which I am Chairman, has instructed me to request your opinion on the following two questions:

"(1) could the said Philip A. Schraub legally and constitutionally be seated as a member of the House of Representatives of the Fiftieth Legislature of Texas if the House should vote to seat him?

"(2) if he could be seated by the House, what procedure should this Committee follow in acting upon the instrument herein enclosed?"

The substance of the instrument attached is contained in the first paragraph of your letter; and, for the sake of brevity will not be here...