2 weeks Ago
AUSTIN, Texas — The Texas Senate passed a bill Tuesday to change impeachment procedures. It comes after the high-profile impeachment of Attorney General Ken Paxton in 2023. He was acquitted on charges of misusing his office powers to help a friend, real estate investor Nate Paul, who was under federal investigation .
The legislation stems from lessons lawmakers say they learned from that impeachment. Several lawmakers were critical of how the Texas House of Representatives impeached Paxton, so much so that Lt. Gov.
Dan Patrick appointed a special committee to look into the procedures, which resulted in this legislation. Senate Bill 2051 mandates that all impeachment testimony be given under oath to members of the House impeachment managers. It also requires House members to be given impeachment materials 72 hours before deliberations begin and 72 more hours between the end of floor deliberation and the final vote.
There was an obvious conflict of interest in Paxton's trial since his wife, Angela, is a senator, so she was barred from voting. But the bill's author, Sen. Brian Birdwell (R-Granbury), said he wants to ensure lesser-known relatives of an impeached officer also can't vote.
The bill prohibits senators with family ties to the third degree from voting. This includes relationships such as parents, grandparents, or in-laws. SB 2051 also requires both chambers to document and report all impeachment-related costs to state officials.
Birdwell said his bill would provide a more robust due process for the accused during an impeachment than Paxton received in 2023. "The efficacy of procedures in the House and the efficacy of procedures in the Senate with these changes would lead to the statement that the accused was given a fair trial to respond and that due process was fulfilled in the spirit of how the United States and Texas adhere to due process," Birdwell said. SB 2051 also requires both chambers to document and report all impeachment-related costs to state officials within 60 days of the end of the impeachment trial.
"With it sketching out some procedures that are far less assailable than what prevailed last time around, there is greater public faith in what happens here in this phase, and therefore, we have less of this effect of the public telling the Senate never mind conducting a fair trial," Sen. Nathan Johnson (D-Dallas) said. "What happened in the House was a travesty because we have to do our job no matter what and if people believe in the integrity of the House proceedings, it makes it easier for us in the Senate to do ours.
" SB 2051 also changes the current law that prohibits an elected official from being removed for an act committed before the officer's election to office. Birdwell said this protects an elected official who committed an act in their prior job before re-election or election to a new office. So if an elected official is a state representative and is later elected to a statewide office, they can still be held accountable in an impeachment proceeding in their newly elected position for acts committed while they were a state representative.
"Even if information comes to light after a new election cycle, every elected officer should be held accountable for acts committed while they held a public office," Sen. Birdwell said. "SB 2051 addresses this conflict to ensure that an officer is subject to removal for an act they committed while holding any elected or appointed office, regardless of the number of times they've been re-elected.
" The Senate also passed Senate Joint Resolution 68, a constitutional amendment to let voters decide on other changes to the impeachment procedures. It would allow the person impeached to be suspended with pay. During his impeachment, Paxton had his pay docked and he was not given back pay.
It would also allow the governor to make a provisional appointment to fill the vacancy. If passed, it will be on the ballot in November. Patrick, who has long been critical of Former House Speaker Dade Phelan and the House process during the Paxton impeachment, has vowed to pass legislation to change the impeachment process and said in a statement after Tuesday's vote, "Promises made, promises kept.
" "In 2023, House members were rushed into taking an impeachment vote without proper time to deliberate or even see the evidence themselves," Patrick said. "No witnesses were placed under oath by the House General Investigating Committee. As a result, witness testimony fell apart when they were placed under oath at trial in the Senate.
" Patrick has been critical of the fact that Paxton did not get paid during the impeachment and has been vocal in his opposition to the $5.1 million price tag for taxpayers of what he called "Phelan's failed political gambit." "With a new speaker and many new members, it is time to look forward," Patrick said.
"Sen. Birdwell's bill and joint resolution are about making sure future impeachments, should they be necessary, are fair for the accused and fully transparent for taxpayers." Both bills now head to the Texas House for lawmakers in the lower chamber to consider.
.
