How Does Impeachment Work in Texas?

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With the impending Senate impeachment trial coming up for Attorney General Ken Paxton, I’ve gotten a lot of questions from press and clients alike about what the law says about impeachment in Texas. 

There are two areas of the law that discuss impeachment of an elected official:

  • Article XV of the Texas Constitution: This article sets forth the basic framework for impeachment in Texas. It states that the power of impeachment is vested in the Texas House of Representatives, and that the Senate shall sit as a court of impeachment to try any official who is impeached by the House.
  • Chapter 665 of the Texas Government Code: This chapter provides more detailed rules and procedures for impeachment in Texas. It specifies the grounds for impeachment, the process for bringing impeachment charges, and the conduct of the impeachment trial.

The process for bringing impeachment charges against a state official in Texas is as follows:

  1. A member of the Texas House of Representatives must introduce articles of impeachment.
    1. HOWEVER: These articles do not have to specify particular laws that have been broken. Neither the Texas Constitution nor Ch. 665 mention anything about breaching specific laws in order to bring an impeachment charge.
  2. The House must vote by a simple majority to adopt the articles of impeachment. Upon adoption of articles of impeachment, the official is immediately suspended from office pending Senate trial.
  3. The Senate then sits as a court of impeachment to try the official. Prior to trial, the Senate shall adopt rules of procedure for the trial.
  4. The Senate must vote by a two-thirds majority to convict the official. In the Paxton trial, the Senate rules allow for a simple majority vote to dismiss articles of impeachment.
  5. If the official is convicted, the official is removed from office and disqualified from holding any office in Texas again.

The operation of the trial is presided over by the Lieutenant Governor and (s)he is empowered to make rulings as a judge on all rules of procedure and disputes among the parties or their attorneys. 

Dig Deeper:

The Paxton Senate Trial Rules and Documents: https://senate.texas.gov/coi.php

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