89R277 TJB-D

By: Guillen H.J.R. No. 29

A JOINT RESOLUTION

proposing a constitutional amendment prescribing certain requirements applicable to the impeachment of an officer by the house of representatives and repealing the requirement that an officer against whom articles of impeachment have been preferred be suspended from the exercise of the duties of office during the pendency of the impeachment.

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 is [shall be] vested in the House of Representatives.

(b) The House of Representatives may not impeach an officer unless a committee of the House has first adopted articles of impeachment against the officer and filed the articles with the chief clerk of the House or the successor officer performing the chief clerk's functions. The House of Representatives may not consider the articles of impeachment earlier than the 14th day after the date the articles are filed by the committee.

(c) Not later than 24 hours after the time a committee files articles of impeachment as provided by Subsection (b) of this section, the committee shall make available to each member of the House of Representatives each document or other item of evidence considered by the committee as part of the committee's investigation.

(d) A witness who testifies before a committee conducting an impeachment investigation or before the House of Representatives when conducting an impeachment proceeding must testify under oath.

(e) An officer who is the subject of an impeachment investigation or impeachment proceeding is entitled to cross-examine any witness testifying during the investigation or proceeding.

SECTION 2. Section 5, Article XV, Texas Constitution, is repealed.

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 89th Legislature, Regular Session, 2025, prescribing certain requirements applicable to the impeachment of an officer by the house of representatives and repealing the requirement that an officer against whom articles of impeachment have been preferred be suspended from the exercise of the duties of office during the pendency of the impeachment.

(b) The amendment to Section 1, Article XV, of this constitution, and the repeal of Section 5, Article XV, of this constitution, take effect January 1, 2026, and apply only to the impeachment of an officer under Article XV of this constitution for whom the house of representatives has not preferred articles of impeachment on or before that date.

(c) This temporary provision expires January 1, 2027.

SECTION 4. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 4, 2025. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment prescribing certain requirements applicable to the impeachment of an officer by the house of representatives and repealing the requirement that an officer against whom articles of impeachment have been preferred be suspended from the exercise of the duties of office during the pendency of the impeachment."