Proposing a constitutional amendment to clarify and implement certain provisions governing the impeachment, trial, removal from office, and disqualification of public officers.

The text as introduced · 390 words

90R3641 MLH-D

By: Vasut
H.J.R. No. 49

A JOINT RESOLUTION

proposing a constitutional amendment to clarify and implement

certain provisions governing the impeachment, trial, removal from

office, and disqualification of public officers.

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

SECTION 1. Section 5, Article XV, Texas Constitution, is

amended to read as follows:

Sec. 5. (a) All officers against whom articles of

impeachment may be preferred shall be suspended from the exercise

of the duties of their offices [ office ], with ordinary pay, during

the pendency of such impeachment.

(b) The Governor may make a provisional appointment to fill

the vacancy[ , ] occasioned by the suspension of an officer , other

than the Governor, until the decision on the impeachment.

(c) Section 16, Article IV, of this Constitution applies to

a vacancy occasioned by the suspension of the Governor on

impeachment or by the removal of the Governor from office.

SECTION 2. Section 7, Article XV, Texas Constitution, is

amended to read as follows:

Sec. 7. (a) The Legislature shall provide by law for the

trial and removal from office of all officers of this State, the

modes for which have not been provided in this Constitution.

(b) The Legislature may enact general laws, consistent with

this Constitution, to implement this Article or another provision

of this Constitution providing for the impeachment, trial, removal

from office, or disqualification of an officer of this State.

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 90th Legislature,

Regular Session, 2027, to clarify and implement certain provisions

governing the impeachment, trial, removal from office, and

disqualification of public officers.

(b) The amendments to Sections 5(a) and (b), Article XV, of

this constitution take effect on January 1, 2028, and apply only to

an officer against whom articles of impeachment have been preferred

on or after that date.

(c) This temporary provision expires January 1, 2029.

SECTION 4. This proposed constitutional amendment shall be

submitted to the voters at an election to be held November 2, 2027.

The ballot shall be printed to permit voting for or against the

proposition: "The constitutional amendment to clarify and

implement certain provisions governing the impeachment, trial,

removal from office, and disqualification of public officers."