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