Burnt Orange Report

Rick Noriega Chooses Wife to fill Seat

By Byron LaMasters

Under a new state constitutional amendment Texas state legislators who are on active military duty may designate a replacement to fill their seat until they return, or until their term expires. Texas will see that amendment in action for the first time with the start of the 2005 legislative session. State Rep. Rick Noriega (D-Houston) who was reelected in November is serving in Afghanistan with the Nation Guard, so he has asked his wife to fill his seat in the 79th legislature. The Houston Chronicle reports:

Melissa Noriega, 50, is a special projects manager for the Houston Independent School District. She said she has refused to travel at work because she did not want to leave her son alone, but she said she feels a responsibility to fill in for her husband in the Legislature while he is on active duty.

"This is really an honor, both that my husband would trust me with the responsibility and we've also gotten a lot of feedback from the district. This isn't something we just did," she said. "We've been discussing it with precinct judges and community leaders."

A state constitutional amendment passed last year allowing legislators who are called up to active military duty to designate their replacement until they return or their term of office expires. Noriega won re-election last year while on active duty in Afghanistan.

Hopefully this will all work out fine and good, but I am a little bit concerned. Here was the specific language of the amendment allowing for a member on active military duty to retain their seat:

When a public official enters active military duty, they must leave the office they hold. Proposition 22 would allow officials to retain their offices while in the military and allows the appointment of temporary replacements.

I voted against the amendment because the language was unclear as to who actually chooses the replacement. If it were clear that the legislator on active military duty could choose his or her replacement, then the amendment would have made perfect sense, but the amendment did not make that clear. Thus, there's a possibility that the Republicans in the state house or the governor may decide that they can best choose who shall represent house district 145 even though Noriega won reelection unopposed.

The Chronicle notes this potential problem later in the article:

The procedures for how she will replace him are not completely in place. But most likely he will be sworn in from Afghanistan when the Legislature convenes Jan. 11. Then he will notify the House chief clerk and parliamentarian of his choice of surrogate.

The full House has the power to reject Noriega's choice, but in this case is expected to seat Melissa Noriega to serve in her husband's place.

Noriega said she believes she can do a good job for her husband and his district because they are both Democrats and share perspectives on how government can help its citizens.

For a Republican legislature that seems willing to throw away democracy in order to seat Talmadge Heflin, Eric Opieda and Jack Stick, I would not be surprised if they try and find a way to deny the people of house district 145 the representative of their choice. We shall see.