On Tuesday, the Texas House unanimously voted to expel Rep. Bryan Slaton. But on Monday, Slaton submitted his resignation. Wasn't the situation be moot? Well, according to Rep. Andrew Murr, who led the investigative committee, Slaton didn't actually resign. Murr announced on Facebook:
Though Representative Slaton has submitted his resignation from office, under Texas law he is considered to be an officer of this state until a successor is elected and takes the oath of office to represent Texas House District 2.
Perhaps this rule is correct under Texas law, but it would seem strange. Could it really be that a member who resigns, and does not wish to exercise the legislative power, would still continue holding that power? Would a different rule pertain if the member dies? Would a corpse continue holding the office until a successor is elected?
