Sign up for The Brief, The Texas Tribune’s daily newsletter that informs readers of the most important Texas news.
Attorney General Ken Paxton, who has been at the center of several scandals, faces possible impeachment. A Texas House committee voted Thursday to recommend the action, clearing the way for the Texas House of Representatives to hold a hearing and decide whether to remove the three-term attorney general.
Paxton, the state’s top lawyer and one of the most powerful and controversial Republicans, has faced criminal investigations, legal battles and allegations of wrongdoing for years. But after he requested $3.3 million in taxpayer funds to settle a lawsuit by former employees who accused him of retaliation on the job, the Texas House General Investigative Committee began looking into allegations of wrongdoing.
The Texas House of Representatives has the power of impeachment, but the Senate must hold impeachment trials for the attorney general, as well as most elected state leaders and judges, under state law.
Here’s how impeachment proceedings work in Texas.
What are the grounds for impeachment?
The Texas Constitution does not directly outline impeachable offenses, but it does mention impeachment in connection with criminal cases. That leaves the details up to the Texas House, but signals that the impeachment process is meant to deal with very serious behavior. But Texas government law says an official can’t be removed from office for an act done before he was elected to office.
What is impeachment proceedings?
During a legislative session, the House may conduct impeachment proceedings at “its pleasure without further call or action.” Impeachment proceedings include conducting investigations related to possible impeachments, presenting an article of impeachment, and acting on an article of impeachment. During these proceedings, the House can subpoena people to testify or provide documents and can punish people if they do not.
Impeachment of an official requires a simple majority vote of the House. If that happens, the Texas Senate could hold a process where senators take an oath to be impartial. Two-thirds of senators present must vote to convict an impeached state leader, according to state law. If this happens, the official is permanently removed from office.
During the session, according to state law, the Senate “sets a day and hour” for a trial and can continue the trial after the session ends or choose to adjourn and come back later.
During an impeachment trial, the Senate has similar powers to the House to subpoena documents, persons, and testimony, but may also meet in private for deliberations and may “exercise any other power necessary to carry out” its judicial duties. process as set forth in state law.
How does impeachment work if the Legislature is not in session?
If the legislative session ends while the House is conducting impeachment proceedings, the House may continue the proceedings or adjourn and reconvene for impeachment proceedings at a later date. This year’s legislative session ends on May 29.
If the legislature is not in session, the House can conduct impeachment proceedings if a proclamation is issued by the governor, a majority of state representatives, or 50 members of the House and the speaker.
To convene the Senate for an impeachment trial while the legislature is not in session, the governor, lieutenant governor, or president pro tempore (the next highest-ranking member of the Senate) may convene a trial within a specified time period. A majority of the Senate, or 16 senators, could also issue a proclamation to reconvene for an impeachment trial.
How does the fact that the attorney general is married to a senator affect the process?
Paxton’s wife, Angela Paxton, is a member of the Senate. It’s not yet clear how that might affect the Senate process. State law states that “every member of the Senate must be present” during an impeachment trial and that the chamber must adopt rules of procedure when it sits.
How does state impeachment differ from federal impeachment?
A state leader is immediately removed or suspended from office after being impeached by the Texas House and while the Texas Senate conducts its trial. The governor may appoint someone to temporarily fill that vacancy. In Congress, an impeached official remains in office unless impeached by the US Senate.
How common is impeachment in Texas?
Impeachments in Texas are rare. Texas Governor James “Pa” Ferguson was impeached in 1917 for misappropriation of public funds and other charges, although he resigned the day before the verdict was announced.
In 1975, the Legislature removed Duval County State District Judge OP Carrillo for misusing public funds, presiding over cases involving financial partners and a host of other violations.
What are the other possible ways to reprimand employees?
Lawmakers can also censure or expel a public official. For example, in 2014 a House committee voted to censure Wallace Hall, a member of the University of Texas System Board of Regents, for “misconduct, incompetence in the performance of official duties, or conduct unbecoming a candidate and incumbent in civil service” after a year-long investigation. In this move, the committee disapproved of Hall, but allowed him to remain in office.
Most recently, state representatives voted earlier this month to expel former state Rep. Brian Slaton, R-Royse City, after a House committee investigation found he engaged in inappropriate sexual behavior with an aide. The vote was unanimous.
Stories like the one you just read come to life at The Texas Tribune Festival, the Tribune’s annual celebration of big, bold ideas happening September 21-23 in downtown Austin. For just a little more you can grab a discounted ticket to this year’s event, but act fast — savings expire on May 31st! Buy now and save.