Texas Senate Approves Overhaul of Impeachment Rules

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AUSTIN – Legislation aimed at significantly restructuring the state’s impeachment procedures was approved unanimously by the Texas Senate on Tuesday. The bills include directives for both legislative bodies, mandate sworn testimonies from witnesses, and track associated expenses.

Lt. Gov. Dan Patrick, who oversees the Senate, stated following the vote, "This message conveys our intention to take the correct course of action going forward." He clarified, "Our aim isn’t to criticize previous actions but rather to build upon them. We look forward to collaborating with our colleagues in the House to ensure a proper impeachment process moving ahead."

Similar bills in the House are still waiting to be assigned a date for a public hearing.

The present reform initiative emerged due to the ambiguity surrounding the procedure that controlled the House’s historically contentious impeachment of Attorney General Ken Paxton in 2023. After a two-week trial, which garnered nationwide attention, Paxton was ultimately cleared by the Senate.

Senator Brian Birdwell, a Republican from Granbury, stated that clarifying legislation is needed as Texas operates distinct processes for impeachment—one for statewide officeholders and another for heads of state agencies—which proved challenging for lawmakers and the general public to comprehend during the previous legislative term.

Birdwell’s proposed constitutional amendment Would provide voters an opportunity to decide whether to revise the process in November. This amendment would permit officials who have been impeached to remain on paid leave throughout the proceedings, specify that the governor can appoint someone provisionally should the officer be suspended, except when the governor themselves faces impeachment charges, and grant legislators authority to establish comprehensive laws concerning impeachment procedures.

Paxton, who hasn’t managed to recover any lost wages due to his suspension, faced impeachment charges related to accusations of bribery, misuse of authority, and impeding legal proceedings. This came about when high-ranking staff members accused him of leveraging his position to assist real estate developer and political supporter Nate Paul. It turns out that Paul had refurbished Paxton’s residence in Austin and also provided employment to a female whom Paxton was allegedly linked to romantically.

Paul was penalized with a fine of $1 million last week. and was ordered to spend four months under house arrest with specific terms after entering into an agreement with federal prosecutors.

Birdwell’s bill, Senate Bill 2051 , would streamline the two impeachment procedures and provide specifics on how future impeachments should proceed in the Legislature.

Now there isn’t any distinction between a statutory and a constitutional impeachment," Birdwell stated. "Impeachment remains impeachment.

Should these reforms take place, impeachment testimonies will need to be provided under oath during public sessions. The official facing possible removal from office can choose whether to speak before a House investigative panel along with their lawyer; however, they cannot be forced to participate in this process.

The investigative panel must deliver a report to every member of the House at least three days prior to when the chamber starts discussions, and an additional 72-hour period should pass after the completion of debates on the floor before proceeding with the final impeachment vote.

On Tuesday evening, senators endorsed two amendments. The initial one specified that a previous spouse of an alleged officer would not have the right to vote in said individual’s impeachment process.

The proposed legislation aims to prohibit any individual "connected through the third degree of relationship by blood or marriage" — which encompasses relations ranging from a great-grandparent, aunt, uncle, niece, nephew, or great-grandchild to a grandparent-in-law, sibling-in-law, or grandchild-in-law — from participating in an impeachment vote.

Paxton’s spouse, Republican Angela Paxton from McKinney, serves as a state senator. Due to the guidelines established by the chamber prior to the trial, she couldn’t participate in voting for his acquittal or join the deliberation process since she had to be absent.

The second amendment would alter the bill's stipulations concerning the impeachment process for a governor or lieutenant governor. Should the chief justice of the Texas Supreme Court or the presiding judge of the Court of Criminal Appeals step aside or be unable to oversee an impeachment trial, the responsibility would fall to the chief justice of the 15th Court of Appeals. In case this individual cannot take up the role either, the Senate will select one among a panel of five current or past appellate judges nominated by the supreme court's top jurist.

The leftover parts of the restructuring aim to specify that a state official can only face removal from their position due to actions performed during their time as either an elected or appointed official. Additionally, these sections mandate that both chambers must monitor and document expenses within sixty days following the end of an impeachment process.

A recent audit discovered that Paxton’s impeachment has cost taxpayers over $5 million.

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