bill sets new rules for Texas impeachments

The text as introduced · 1,119 words

89R3338 BEF-D

By: Vasut
H.B. No. 5492

A BILL TO BE ENTITLED

AN ACT

relating to the impeachment or removal from office of certain

public officers, including procedures governing the impeachment,

trial on impeachment, and disqualification of state officers, and

to the grounds for which certain public officers may be removed from

office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 665, Government Code, is

amended by adding Sections 665.008, 665.009, 665.010, and 665.011

to read as follows:

Sec. 665.008. TESTIMONY IN IMPEACHMENT PROCEEDING. All

witness testimony in an impeachment proceeding, including

testimony by the officer who is the subject of the proceeding, must

be given:

(1) under oath; and

(2) in a session open to all members of the house or,

if the proceeding is conducted by a committee, to all members of the

committee.

Sec. 665.009. REVIEW OF COMMITTEE MATERIALS. (a) This

section applies to an impeachment proceeding in which an

investigation or other portion of the proceeding is conducted by a

committee.

(b) The committee must provide to each member of the house

the committee's report and other materials related to the

impeachment at least 48 hours before the house begins deliberating

or votes on the impeachment.

Sec. 665.010. INELIGIBILITY TO VOTE IN PROCEEDING INVOLVING

FAMILY MEMBER. A member of the house is ineligible to vote in an

impeachment proceeding, including in a portion of the proceeding

conducted by a committee, if the member is related within the third

degree by consanguinity or affinity as determined under Subchapter

B, Chapter 573, to the officer who is the subject of the proceeding.

Sec. 665.011. REPORT OF COSTS OF IMPEACHMENT PROCEEDING.

(a) The house shall keep an accounting of all costs incurred by the

house in connection with an impeachment proceeding, including

investigative costs and costs incurred during the trial by the

senate, if applicable.

(b) Not later than the 60th day after the conclusion of an

impeachment proceeding by the house, the house shall deliver a

report of the costs described by Subsection (a) incurred in

connection with the proceedings to the comptroller, lieutenant

governor, speaker of the house, Legislative Budget Board, chair of

the senate committee on finance, and chair of the house committee on

appropriations. If the senate conducts a trial on the impeachment,

the house shall update the report to include the additional costs

incurred by the house during the trial and deliver the updated

report to those entities not later than the 60th day after the

conclusion of the trial.

SECTION 2. Subchapter B, Chapter 665, Government Code, is

amended by adding Sections 665.029, 665.030, 665.031, and 665.032

to read as follows:

Sec. 665.029. PRESIDING OFFICER IN TRIAL OF GOVERNOR OR

LIEUTENANT GOVERNOR. The presiding officer for the court of

impeachment in a trial of the governor or lieutenant governor is:

(1) the chief justice of the Supreme Court of Texas; or

(2) if the chief justice recuses himself or herself,

the presiding judge of the Court of Criminal Appeals of Texas.

Sec. 665.030. TESTIMONY IN IMPEACHMENT TRIAL. All witness

testimony in a trial on impeachment, including testimony by the

officer who is the subject of the trial, must be given:

(1) under oath; and

(2) in a session open to all members of the senate.

Sec. 665.031. INELIGIBILITY TO VOTE IN TRIAL INVOLVING

FAMILY MEMBER. A member of the senate is ineligible to vote on the

removal of an individual from office following impeachment or the

disqualification of an individual from holding any office of honor,

trust, or profit under this state if the member of the senate is

related to the individual within the third degree by consanguinity

or affinity as determined under Subchapter B, Chapter 573.

Sec. 665.032. REPORT OF COSTS OF TRIAL. (a) The senate

shall keep an accounting of all costs incurred by the senate in

connection with the trial of an impeachment, including any costs

incurred during the house impeachment proceeding.

(b) Not later than the 60th day after the conclusion of the

trial of an impeachment, the senate shall deliver a report of all

costs described by Subsection (a) to the comptroller, lieutenant

governor, speaker of the house, Legislative Budget Board, chair of

the senate committee on finance, and chair of the house committee on

appropriations.

SECTION 3. Section 665.081, Government Code, is amended to

read as follows:

Sec. 665.081. [ NO ] REMOVAL ONLY FOR ACTS COMMITTED WHILE

HOLDING [ BEFORE ELECTION TO ] OFFICE. (a) An officer in this state

is subject to removal [ may not be removed ] from office only for an

act the officer [ may have ] committed while holding an elected or

appointed [ before the officer's election to ] office.

(b) The prohibition against the removal from office for an

act the officer commits while not an officeholder [ before the

officer's election ] is covered by:

(1) Section 21.024 [ 21.002 ], Local Government Code,

for a mayor or alderman of a general law municipality; or

(2) Chapter 87, Local Government Code, for a county or

precinct officer.

SECTION 4. Section 21.024, Local Government Code, is

amended to read as follows:

Sec. 21.024. [ NO ] REMOVAL ONLY FOR ACTS COMMITTED WHILE

HOLDING OFFICE [ BEFORE ACTION ]. An officer is subject to removal

[ may not be removed ] under this subchapter only for an act the

officer committed while holding an elected or appointed [ before

election to ] office [ if the act was a matter of public record or

otherwise known to the voters ].

SECTION 5. Section 87.001, Local Government Code, is

amended to read as follows:

Sec. 87.001. [ NO ] REMOVAL ONLY FOR ACTS COMMITTED WHILE

HOLDING OFFICE [ PRIOR ACTION ]. An officer is subject to removal

[ may not be removed ] under this chapter only for an act the officer

committed while holding an elected or appointed [ before election

to ] office.

SECTION 6. The changes in law made by this Act apply only to

an impeachment proceeding, trial, or other removal proceeding

commenced on or after the effective date of this Act. A proceeding

or trial commenced before the effective date of this Act is governed

by the law in effect when the proceeding was commenced, and the

former law is continued in effect for that purpose.

SECTION 7. This Act takes effect January 1, 2026, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, clarifying and implementing certain

provisions governing the impeachment, trial, removal from office,

and disqualification of public officers is approved by the

voters. If that amendment is not approved by the voters, this Act

has no effect.