(Texas Scorecard) – The Texas Senate has unanimously approved two pieces of impeachment reform legislation that address flaws exposed during the 2023 impeachment of Attorney General Ken Paxton.
Senate Bill 2051 and Senate Joint Resolution 68 were both authored by State Sen. Brian Birdwell (R-Granbury), who served as chair of a special committee to recommend impeachment rules in the 2023 proceedings against Paxton.
“I found the need for clarification and additional guidelines of the law governing both constitutional and statutory impeachment,” explained Birdwell. “SJR 68, in conjunction with the enabling language of committee substitutes in Bill 2051, seeks to fix the inadequacies identified in 2023 as well as those identified upon my continued review of our impeachment process.”
Lt. Gov. Dan Patrick, a vocal critic of the House’s handling of the Paxton impeachment, pledged to overhaul the process to ensure fairness and transparency.
He highlighted issues such as the lack of sworn testimony in the House, insufficient time for lawmakers to review evidence, and the withholding of pay from officials during impeachment proceedings.
“Promises made, promises kept,” Patrick stated after the passage of SB 2051 and SJR 68.
Patrick also criticized former House Speaker Dade Phelan for what he described as a rushed and opaque process, noting it took over 18 months for Texans to learn that the impeachment cost taxpayers more than $5.1 million.
“With a new speaker and many new members, it is time to look forward. Sen. Birdwell’s bill and joint resolution are about making sure future impeachments, should they be necessary, are fair for the accused and fully transparent for taxpayers,” Patrick said.
Key Provisions of SB 2051:
- Sworn Testimony Requirement: All witness testimony before the House General Investigating Committee must now occur under oath.
- Deliberation Timeframes: House members are guaranteed at least 72 hours to review evidence before floor deliberations and an additional 72 hours after deliberations before a final vote.
- Transparency in Costs: Both the House and Senate are now required to compile and promptly report the costs of impeachment proceedings, aiming to prevent future delays in disclosing the financial impact to taxpayers.
- Family Member Voting Restrictions: The bill prohibits family members within the third degree of consanguinity or affinity from voting on impeachment proceedings, a provision highlighted during the Paxton case, as his wife, Angela Paxton, serves in the Senate.
SJR 68, meanwhile, proposes a constitutional amendment to ensure that impeached state officeholders continue to receive their regular pay while proceedings are ongoing. This addresses the situation in which Paxton lost around $50,000 in pay during his suspension, with no back pay after acquittal.
The resolution also clarifies that the Legislature may enact general laws to govern impeachment, reducing confusion between statutory and constitutional rules.
“Impeachment is neither a criminal nor a civil proceeding, but rather a delicate mixture of both elements of the two within the political realm. The powers relating to impeachment are a vital check in the balances between branches of government,” said Birdwell.
With the Senate’s unanimous passage, the measures now move to the Texas House for consideration. If SJR 68 is approved by the House, it will go before Texas voters as a constitutional amendment.