May 31, 2016
The Honorable Greg Abbott
Governor, State of Texas
P.O. Box 12428
Austin, Texas 78711
The Honorable Dan Patrick
Lieutenant Governor, State of Texas
P.O. Box 12068
Austin, Texas 78711
The Honorable Joe Straus
Speaker, Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768
Re:

Holdovers on the Texas Ethics Commission

Dear Governor Abbott, Lieutenant Governor Patrick, and Speaker Straus:
We write to request that you collectively address and cure a very important deficiency
relating to the sovereign officers serving at the Texas Ethics Commission (Commission);
namely, the compelling need to appoint qualified new Commissioners to replace those sitting in
office under the holdover provision in Article XVI, section 17, of the Texas Constitution.
The eight commissioners are appointed – four by the Governor, two by the Lieutenant
Governor, and two by the Speaker of the Texas House of Representatives – via a process
involving members of the Senate and House, representing the two major political parties,
submitting lists of nominees to the appropriate state official for appointment. The
commissioners serve for four-year terms. Additionally, Article III, Section 24a(c) of the Texas
Constitution provides that “[a] member who has served for one term and any part of a second
term is not eligible for reappointment.”
Importantly, certain commissioners remain in their position under the holdover provision,
long awaiting replacement appointments. Specifically, please note the following expirations:

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Tom Harrison, gubernatorial appointee, expired November 2011.
Bob Long, gubernatorial appointee, expired November 2015.
Wilhelmina Deloc, Lt. Governor appointee, expired November 2015.
Paul Hobby, Speaker appointee, expired November 2015.

The holdover provision is a safeguard preventing vacancies and ensuring continuation of
functions, rather than serving as an undue extension of terms in office. Moreover, we have for
some time been concerned with the use of the Texas Ethics Commission by certain elected
officials as a vehicle to harass and silence the voice of the people during their participation in the
political process. In fact, the Commission, during the course of the last couple of years, has
found itself involved in at least eight lawsuits brought by citizens attempting to defend their
rights.
Respectfully, we request that the matter of appointing commissioners to replace those
who are sitting in expired terms be set as a priority action item. In so doing, we hope and trust
that you will appoint Texans who will respect the guarantees embedded in the United States and
Texas Constitutions regarding the ability of citizens to participate in the political process.
Sincerely,

JoAnn Fleming
Executive Director
Grassroots America – We The People

Michael Quinn Sullivan
President
Empower Texans

Julie McCarty
President
NE Tarrant Tea Party

Jim Graham
President
Texas Right to Life

Tim Lambert
President
Texas Home School Coalition

Jonathan Saenz
President
Texas Values

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