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IN RE TEXAS SENATE

No. 00-1321.

36 S.W.3d 119 (2000)

In re The TEXAS SENATE and The Honorable Rodney Ellis, Relators.

Supreme Court of Texas.

December 28, 2000.

Attorney(s) appearing for the Case

John Cornyn, Atty. Gen. of the State of Texas, Gregory S. Coleman, Office of Atty. Gen., Andrew M. Taylor, Bracewell & Patterson, Jeffrey S. Boyd, Office of Atty. Gen., Austin, relators.

Jennifer S. Riggs, Randall D. Terrell, Hill Gilstrap Adams & Graham, Joseph Robert Larsen, Ogden Gibson White & Brooks, Houston, Mark J. Cannan, Clemens & Spencer, San Antonio, for respondent.

JUSTICE HECHT delivered the opinion of a unanimous Court.

Yesterday, five newspapers and a magazine1 sued the Texas Senate and the Honorable Rodney Ellis, president pro tempore of the Senate, contending that the Senate is prohibited by the Texas Open Meetings Act2 from electing one of its members to perform the duties of Lieutenant Governor except by viva voce vote in open session. The office...

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