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Resolution Censuring Representative Andrew Murr by the Republican Party of Texas
- James Wesolek
WHEREAS, Rule 44 of the Republican Party of Texas states that “a County or Senatorial District Convention or a County or District Executive Committee may, after notice and invitation to the officeholder to appear and be provided time to speak before a County or Senatorial Convention or a County or District Executive Committee, by a two-thirds (2/3) vote of those present and voting, but in no case by less than a majority of the County Executive Committee (CEC) in full, adopt a resolution censuring a Republican public officeholder representing all or a portion of that County or District for three (3) or more actions taken during the current biennium in opposition to the core principles of the Republican Party of Texas as defined in the Preamble of the Party Platform as described in Rule No. 43A or to the Legislative Priorities adopted at the most recent State Convention as described in Rule 34(c)”; and
WHEREAS, the Medina County Republican Party, at its September 14, 2023 Executive Committee meeting, passed a “Resolution of Censure of Texas House Representative Andrew Murr, District 53” which identified, among other grievances, the following three actions taken during the current biennium (which began on June 18, 2022, when the 2022 Republican Party of Texas Convention adjourned sine die, having adopted its rules) in violation of the Principles or Legislative Priorities of the Republican Party of Texas:
- Texas House Representative Andrew Murr (April 6, 2023, House Record Vote: 111) voted in favor of HB 1 Amendment 45 by Herrero (D-Robstown) to prohibit use of appropriated money for school vouchers or other similar programs. Such act prohibited money appropriated from being used to pay for or support a school voucher, including an education savings account, tax credit scholarship program, or a grant or other similar program to which a child may use state money for non-public primary or secondary education. This action was in opposition to the seventh core principle and the eighth Legislative Priority of Parental Rights and Educational Freedom; and
- Texas House Representative Andrew Murr, acting as Chair of the Committee on General Investigating (CGI), engaged in a pattern of action demonstrably opposed to the first, third, fourth, fifth, and eighth core principles by:
- Moving to impeach Texas Attorney General Ken Paxton and thereby overturning the will of the November 2022 voters in opposition to the third principle as more particularly described in:
- the Republican Party of Texas “Resolution Condemning the Impeachment of Attorney General Ken Paxton” dated June 20, 2023 (being entirety adopted by this body); and
- dishonoring fundamental constitutional rights and protections of due process in opposition to core principle one and the Preamble of the 2022 Republican Party of Texas Platform; and
- admitting to knowingly failing to present any sworn testimony for consideration by House members as required by Texas Government Code §301.022 in opposition to the first, third, fourth, and fifth core principles; and
- failing to provide Attorney General Paxton notice and provide the opportunity to prepare, to be heard, to present evidence in his defense, or to cross-examine witnesses, contrary to the U.S. Constitution Amendments IV, V, VI, and XIV, and to the precedent established by the Texas House of Representatives in the 1975-76 Carrillo impeachment proceeding, and in opposition to the Preamble of the Republican Party of Texas Platform and core principles one, three, five, and eight; and
- Distributing a Memorandum on May 26, 2023 (“Memorandum”) to the members of the House of Representatives hours before a vote on the floor for an impeachment that compromised the Attorney General’s right to a fair trial, his right to be heard and the presumption of innocence by misstating mere opinions as facts never found or adjudicated, which stated: “Because of Paxton’s long-standing pattern of abuse of office and public trust, disregard and dereliction of duty, and obstruction of justice and abuse of judicial process, it is imperative the House proceed with impeachment…”; such action was in opposition to the Preamble of the 2022 Republican Party of Texas Platform and core Principles one, three, four, five and, eight; and
- Falsely stating in the Memorandum that the Texas Supreme Court opined In re Carrillo (1976): “The Court explained that Section 665.081 only applies…” when §665.081 of the Texas Government Code did not become effective until September 1, 1993, seventeen (17) years later; this false predicate was an effort to further lead House members to an impeachment vote in opposition to the Preamble of the 2022 Republican Party of Texas Platform and Principles one, three, four, five, and eight; and
- Moving to impeach Texas Attorney General Ken Paxton and thereby overturning the will of the November 2022 voters in opposition to the third principle as more particularly described in:
- Texas House Representative Andrew Murr was absent for an important vote for SJR 35, (excused to attend a meeting on the General Investigating Committee) that would have amended the Texas Constitution to require United States citizenship to vote; such measure failed by 88 voting “yes,” 54 voting “present, not voting,” and no House member voting “no”; the bill died, failing to receive 100 votes; not wanting to be left out from the record, Representative Murr entered in the House Journal (88R) on page 5197 regarding record vote #2041 that, had he been present, he would have noted “no,” making him the only lawmaker to vote against SJR 35; such action by Representative Murr was in direct opposition to the Preamble of the 2022 Republican Party of Texas Platform, core Principle three, and the first Legislative Priority, “Protect Our Elections”; and
WHEREAS, the Medina County Republican Party provided notice to Representative Andrew Murr’s office and an opportunity for him to speak prior to the vote taking place, and despite this invitation, Representative Murr did not respond to any communication or appear at the meeting to explain his actions; and
WHEREAS, the Medina County Republican Party Executive Committee passed the resolution of censure of Representative Andrew Murr by both a two-thirds (2/3) majority of those present and voting and a 50% majority of all precinct chairs, even those not in attendance; and
WHEREAS, the term of office for Representative Andrew Murr expires after the 2024 Primary and General Elections, and he would be eligible to run for re-election to his House seat in the 2024 elections and also eligible to run for any other partisan office in the 2024 elections; and
WHEREAS, in discussing resolutions of censure passed by a County Executive Committee, Rule 44 of the Republican Party of Texas states that “such a resolution may include a request, to the SREC [State Republican Executive Committee] or any State Convention held prior to start of the filing period of a Republican Primary Election while these rules are in effect, that the named officeholder be penalized. If such a request is included, after not less than fourteen (14) days’ notice and opportunity to the officeholder to appear and be provided time to speak before the SREC or the State Convention in conformity with the request, the delegates of the State Convention by majority vote in the case of (1) below, or by a two-thirds (2/3) vote in the case of (2) below, or the State Republican Executive Committee by a three-fifths (3/5) vote of the full membership, may vote to concur with the resolution of censure and impose one or both of the following penalties:
- Declare that no Rule or Bylaw enacted by any division of the Party at any level that demands the Party be neutral in intraparty contests shall be observed with respect to the named officeholder, and no financial or other support shall be provided to their campaign by the Party except that which is required by law. If the officeholder files an application to run for any public office in the Republican Party primary following the censure resolution’s passage, the SREC shall be authorized to spend up to twelve percent (12%) of the Party’s general fund on voter education in the officeholder’s district, by republishing the original censure resolution verbatim, using a media format determined by the SREC.
- Declare that the named officeholder is discouraged from participating in the Republican
Any above penalty imposed shall expire on the day following the date of the Primary runoff in which the officeholder would be up for re-election”; and
WHEREAS, in its resolution of censure, the Medina County Republican Party requested that the SREC “concur in this resolution of censure” and that the SREC “impose upon Texas House Representative Andrew Murr, the full set of penalties as provided in Rule 44 of the Republican Party of Texas instanter”; and
WHEREAS, the Republican Parties of Upton County, Bandera County, Real County, and Llano County, all of which are within District 53, have also passed resolutions censuring Representative Andrew Murr and requesting the concurrence of the SREC; now
THEREFORE, BE IT RESOLVED that the State Republican Executive Committee concurs with the violations of Republican Party of Texas Principles and Legislative Priorities stated in the resolution of censure passed by the Medina County Republican Party and restated in this resolution; and
BE IT FURTHER RESOLVED that the Republican Party of Texas imposes both penalties identified in Rule 44 on Representative Andrew Murr as follows:
- No Rule or Bylaw enacted by any division of the Party at any level that demands the Party be neutral in intraparty contests shall be observed with respect to Representative Andrew Murr, and no financial or other support shall be provided to his campaign by the Party except that which is required by law. If Representative Murr files an application to run for any public office in the 2024 Republican Party Primary, the SREC shall be authorized to spend up to twelve percent (12%) of the Party’s general fund on voter education in the state of Texas, by republishing this censure resolution verbatim, using a media format determined by the SREC.
- Representative Andrew Murr is discouraged from participating in the 2024 Republican Party Primary; and
BE IT FURTHER RESOLVED that nothing in this Resolution shall be construed to prohibit the use of Party resources to encourage voting for Republican Party nominees or officeholders collectively, so long as Representative Andrew Murr is not identified by name.