| |
| |
|
|
A JOINT RESOLUTION
|
|
|
proposing a constitutional amendment providing requirements for |
|
|
the exercise of the power of impeachment by the House of |
|
|
Representatives and providing that officers against whom articles |
|
|
of impeachment are preferred receive pay during the pendency of |
|
|
impeachment proceedings. |
|
|
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1, Article XV, Texas Constitution, is |
|
|
amended to read as follows: |
|
|
Sec. 1. (a) The power of impeachment shall be vested in the |
|
|
House of Representatives. |
|
|
(b) When exercising the power of impeachment, the House of |
|
|
Representatives must: |
|
|
(1) conduct a thorough, even-handed investigation of |
|
|
all articles of impeachment; |
|
|
(2) ensure all testimony presented to and considered |
|
|
by the House of Representatives is provided under oath; |
|
|
(3) provide any officer against whom articles of |
|
|
impeachment may be preferred and the officer's legal counsel the |
|
|
opportunity to: |
|
|
(A) be present during all hearings before the |
|
|
House of Representatives and committees of the House of |
|
|
Representatives; and |
|
|
(B) examine the witnesses and evidence against |
|
|
the officer; and |
|
|
(4) provide the members of the House of |
|
|
Representatives at least 14 calendar days to review all records |
|
|
pertaining to articles of impeachment before voting on the articles |
|
|
of impeachment. |
|
|
SECTION 2. Section 5, Article XV, Texas Constitution, is |
|
|
amended to read as follows: |
|
|
Sec. 5. All officers against whom articles of impeachment |
|
|
may be preferred shall be suspended, with pay, from the exercise of |
|
|
the duties of their office[,] during the pendency of such |
|
|
impeachment. The Governor may make a provisional appointment to |
|
|
fill the vacancy[,] occasioned by the suspension of an officer |
|
|
until the decision on the impeachment. |
|
|
SECTION 3. The following temporary provision is added to |
|
|
the Texas Constitution: |
|
|
TEMPORARY PROVISION. (a) This temporary provision applies |
|
|
to the constitutional amendment proposed by the 88th Legislature, |
|
|
4th Called Session, 2023, providing requirements for the exercise |
|
|
of the power of impeachment by the House of Representatives and |
|
|
providing that officers against whom articles of impeachment are |
|
|
preferred receive pay during the pendency of impeachment |
|
|
proceedings. |
|
|
(b) The amendments to Sections 1 and 5, Article XV, of this |
|
|
constitution take effect January 1, 2025, and apply only to an |
|
|
impeachment that is subject to a vote by the House of |
|
|
Representatives on the question of impeachment on or after that |
|
|
date. |
|
|
(c) This temporary provision expires January 1, 2026. |
|
|
SECTION 4. This proposed constitutional amendment shall be |
|
|
submitted to the voters at an election to be held November 5, 2024. |
|
|
The ballot shall be printed to permit voting for or against the |
|
|
proposition: "The constitutional amendment providing requirements |
|
|
for the exercise of the power of impeachment by the House of |
|
|
Representatives and providing that officers against whom articles |
|
|
of impeachment are preferred receive pay during the pendency of |
|
|
impeachment proceedings." |