Rep. Leo Berman Speaks His Mind On The Speaker's Race

One of Leo Berman's (R-Tyler) constituents sent him an email (see Burnt Orange Report) asking him to please support McCall for speaker. In his reply, Berman suggests that one of Craddick's opponents may be doing something that is against the law (emphasis mine in italics):

Dear Mr. Yocom:

I am a Conservative Republican. Tom Craddick is a Conservative Republican. I have no idea what you are talking about when you speak of fear and corruption in the Texas House.

Rep. McCall is a Moderate to Liberal Republican who would have to make many concessions to Liberal Democrats in the House in order to get their vote for Speaker. I plan to stay with the winning team of Tom Craddick.

Democrats in the House have tried to disrupt the legislative process for two sessions since Republicans became the majority party. If not for Tom Craddick, they would have ruled the roost despite the fact that they are in the minority.

Sincerely,
Leo Berman

The thing is that Speaker's candidates cannot make ANY promises to any legislator to win their vote. There is something called the "Speaker's Statute" which is Chapter 302 of the Texas Government Code. Offering something in return for a Speaker's vote is called legislative bribery:

SUBCHAPTER C. LEGISLATIVE BRIBERY

Sec.A302.031. DEFINITION.In this subchapter, "economic benefit" means anything reasonably regarded as economic gain or advantage, including a campaign contribution.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec.A302.032. LEGISLATIVE BRIBERY: PROMISES OR THREATS.

A person commits an offense if, with the intent to influence a member of or candidate for the house of representatives in casting a vote for speaker of the house of representatives, the person:

(1) promises or agrees to cause:
(A) the appointment of a person to a chairmanship or vice-chairmanship of a house committee or subcommittee;
(B) the appointment of a person to a particular house committee or subcommittee, the Legislative Budget Board, the Texas Legislative Council, the Legislative Library Board, the Legislative Audit Committee, or any other position the speaker appoints;
(C) preferential treatment on any legislation or appropriation;
(D) the employment of a person; or
(E) economic benefit to a person; or
(2) threatens to cause:
(A) the failure to appoint a person to a chairmanship or vice-chairmanship of a house committee or subcommittee;
(B) the failure to appoint a person to a particular house committee or subcommittee, the Legislative Budget Board, the Texas Legislative Council, the Legislative Library Board, the Legislative Audit Committee, or any other position the speaker appoints;
(C) unfavorable treatment on any legislation or appropriation;
(D) the refusal of or removal from employment of a person; or
(E) the withholding of economic benefit from a person.

So, when Berman says that McCall would have to make concessions to get the votes of Democrats, he is implying that he would have to break the law to win the Speaker's race. I'd use a little different language if I were Berman, as that is a serious accusation.