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Attorney General Ken Paxton, who has been at the center of several scandals, faces possible impeachment. A Texas House committee voted Thursday to recommend action, clearing the way for the Texas House of Representatives to hold a hearing and decide whether to impeach the attorney general for three terms.
Paxton, the state’s top lawyer and one of its most powerful and controversial Republicans, has faced criminal investigations, legal battles and charges of wrongdoing for years. But after seeking $3.3 million in public funds to end a lawsuit by former staffers who accused him of workplace retaliation, the Texas House General Investigative Committee began investigating. on charges of wrongdoing.
The Texas House of Representatives holds impeachment power, but the Senate must conduct impeachment trials for the attorney general, as well as most elected officials and judges in the state, according to state law. .
Here’s how the impeachment process works in Texas.
What are the grounds for dismissal?
The Texas Constitution does not directly describe impeachable offenses, but does mention impeachment in criminal cases. That leaves the details up to the Texas House, but signals that the impeachment process is intended to deal with very serious conduct. But the Texas government code states that a public official cannot be removed from office for an act committed before his election.
What is the dismissal procedure?
During a legislative session, the House may conduct impeachment proceedings at “its pleasure, without further appeal or action”. The impeachment process includes conducting investigations related to possible impeachments, submitting an article of impeachment, and implementing an article of impeachment. During these deliberations, the Chamber may summon persons to testify or provide documents and may sanction persons who fail to do so.
The removal of an official requires a simple majority vote of the House. If that happens, the Texas Senate can hold a trial, where senators take an oath to be impartial. Two-thirds of the senators, or 21, must vote to convict an impeached head of state, according to state law. If this happens, then the official is permanently removed from office.
During the session, state law says the Senate “fixes a day and time” for a trial and can continue the trial beyond the end of the session or choose to take a break and return later. .
During impeachment proceedings, the Senate has powers similar to those of the House to request documents, persons and testimony, but it may also meet privately to deliberate and may “exercise any other powers necessary to discharge” its trial functions, as stated in the 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 it and reconvene at a later date for impeachment proceedings. This year’s legislative session ends on May 29.
If lawmakers are not in session, the House may conduct impeachment proceedings if a proclamation to that effect is issued by the governor, a majority of state officials, or 50 members of the House and the president.
For the Senate to convene for an impeachment trial while lawmakers are not in session, the governor, lieutenant governor, or president pro tempore (the most senior member of the Senate) may call a trial within a specified time. . A majority of the Senate, or 16 senators, could also issue a proclamation to reconvene for an impeachment trial.
What impact does the trial have on whether the Attorney General is married to a senator?
Paxton’s wife, Angela Paxton, is a member of the Senate. It is not yet known how this could affect a trial in the Senate. State law states that “every member of the senate shall be present” during an impeachment trial and that the chamber must adopt rules for the procedure when it meets.
How is a state indictment different from a federal indictment?
A head of state is immediately suspended or temporarily removed from office after being impeached by the Texas House and while the Texas Senate is on trial. The Governor may appoint someone to temporarily fill this vacancy. In Congress, an impeached official remains in office unless convicted of charges 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 misuse of public funds and other charges, although he resigned the day before the judgment was announced.
In 1975, the Legislature impeached State District Judge OP Carrillo of Duval County for embezzlement of public funds, presiding over cases involving financial partners, and a number of other offenses.
What are other possible ways to reprimand officials?
Legislators can also decide to censure or expel a state official. For example, in 2014, a House committee voted to censure Wallace Hall, then chancellor of the University of Texas system, for “misconduct, incompetence in the performance of official duties, or behavior unbecoming of a candidate and incumbent of a state post”. after a year-long investigation. With this decision, the committee disapproved of Hall but allowed him to remain in office.
More recently, state officials voted earlier this month to evict former state Rep. Bryan Slaton, R-Royse City, after a House committee investigation determined he had engaged in inappropriate sexual conduct with an assistant. It was a unanimous vote.
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