Almost nothing makes people more angry than finding out only certain people get privileges, while the masses have to suffer in silence. Well, prepare to get ticked off. A state law in Texas, created to protect lawmakers riding on horseback to the Capitol in the 1800’s, affords lawmakers immunity during the legislative session.

The oldest book I could find with the statute was 1859, but the kind ladies at the Capitol research library were able to find a clipping from 1845, when Texas became a state. Here’s what it says (in the statute from 1859 and in the statute now):

Art. 1.21. PRIVILEGE OF LEGISLATORS
Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened.

The statute clearly harks back to the 1800’s when it took a whole day to travel 20 miles. However, since the law hasn’t been changed - a lawmaker from Amarillo enjoys this same immunity 24 days before and after session (to allow for the long buggy ride back home).

Oh, and in case you didn’t know, a ticket is considered an “arrest.” That means Governor Perry had every right to tell the DPS trooper in 2000 “just let us get on down the road” when his driver was stopped for speeding in Dripping Springs. He was simply invoking his immunity protection.

I’m talking about this because a DPS sergeant is coming under fire from his superiors for giving a speeding ticket to Sen. Ogden’s wife last Friday afternoon when she was going 12 miles over the speed limit. Apparently, this 13 year veteran of the agency is now getting “schooled” in policy, which means “you better never ticket the chair of the Senate Finance committee again.” Another DPS insider told me Ogden is the last guy they would want to anger, considering he got a law passed last session that requires all law enforcement officials pass physical tests - this happened after he saw some trooper with “a few extra pounds” hanging around the Capitol.

To his credit, Sen. Ogden did not even mention who he was during the traffic stop and called the agency today when he got an e-mail from the sergeant’s family, detailing the criticism he was facing. “I told them not to criticize him for simply doing his job,” he said.

You can check out the story here.