Proposing a constitutional amendment allowing an impeached officer to continue in office pending the impeachment trial.
Impact
If passed, this amendment would alter the existing legal framework surrounding the impeachment process in Texas by allowing those officials who have been impeached to retain their positions and powers until their trial concludes. Supporters of the amendment argue that it is a necessary reform to prevent abrupt disruptions in governance and to maintain continuity in leadership during what is often a protracted legal process. This provision could particularly be significant in cases involving high-profile officials whose departure could leave considerable gaps in government operations.
Summary
HJR149 proposes a constitutional amendment that allows an impeached officer to continue serving in their position while awaiting the outcome of their impeachment trial. This amendment seeks to modify Section 5 of Article XV of the Texas Constitution, which currently dictates that officers under impeachment are suspended from performing their duties. The intention behind this proposal is to ensure that the governance of the state is not disrupted during the potentially lengthy impeachment process.
Contention
The proposal might face opposition from those who argue it undermines the accountability of public officials. Critics may contend that it allows impeached officials, who are often facing serious allegations of misconduct, to exert influence and power while awaiting trial, which could lead to further complications in governance. The balancing act between ensuring governmental continuity and maintaining accountability is likely to be a central point of debate as this bill proceeds through the legislative process. Potential discussions will focus on the implications for public trust in government and the effectiveness of the impeachment process.
Proposing a constitutional amendment providing requirements for the exercise of the power of impeachment by the House of Representatives and providing that officers against whom articles of impeachment are preferred receive pay during the pendency of impeachment proceedings.
Proposing a constitutional amendment providing requirements for the exercise of the power of impeachment by the House of Representatives and providing that officers against whom articles of impeachment are preferred receive pay during the pendency of impeachment proceedings.
Proposing a constitutional amendment providing for the suspension of certain public officers by the governor and the trial, removal, and reinstatement of certain public officers by the senate.
Proposing a constitutional amendment to allow certain officers to become candidates for an office of profit or trust without automatically resigning from their current office.
Relating to the state's continuing duty to disclose exculpatory, impeachment, or mitigating evidence in a criminal case and prohibited retaliation against local assistant prosecutors for discharging that duty.
Adopting rules to govern its proceedings in the trial of Warren Kenneth Paxton Jr., Attorney General, upon articles of impeachment presented by the House of Representatives.