88R33178 BEF-F
By: Murr / A. Johnson of Harris / Geren / Longoria / Spiller H.R. No. 2377
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, That Warren Kenneth Paxton Jr., Attorney General of the
State of Texas, is impeached and that the following articles of
impeachment be exhibited to the Texas Senate:
ARTICLES OF IMPEACHMENT
Exhibited by the House of Representatives of the State of
Texas in the name of itself and of all the people of the State of
Texas against Warren Kenneth Paxton, Attorney General of the State
of Texas, in maintenance and support of its impeachment against
him.
ARTICLE I
(Disregard of Official Duty-
Protection of Charitable Organization)
While holding office as attorney general, Warren Kenneth
Paxton violated the duties of his office by failing to act as public
protector of charitable organizations as required by Chapter 123,
Property Code.
Specifically, Paxton caused employees of his office to
intervene in a lawsuit brought by the Roy F. & JoAnn Cole Mitte
Foundation against several corporate entities controlled by Nate
Paul. Paxton harmed the Mitte Foundation in an effort to benefit
Paul.
ARTICLE II
(Disregard of Official Duty-Abuse of the Opinion Process)
While holding office as attorney general, Warren Kenneth
Paxton misused his official power to issue written legal opinions
under Subchapter C, Chapter 402, Government Code.
Specifically, Paxton caused employees of his office to
prepare an opinion in an attempt to avoid the impending foreclosure
sales of properties belonging to Nate Paul or business entities
controlled by Paul. Paxton concealed his actions by soliciting the
chair of a senate committee to serve as straw requestor.
Furthermore, Paxton directed employees of his office to reverse
their legal conclusion for the benefit of Paul.
ARTICLE III
(Disregard of Official Duty-Abuse of the Open Records Process)
While holding office as attorney general, Warren Kenneth
Paxton misused his official power to administer the public
information law (Chapter 552, Government Code).
Specifically, Paxton directed employees of his office to act
contrary to law by refusing to render a proper decision relating to
a public information request for records held by the Department of
Public Safety and by issuing a decision involving another public
information request that was contrary to law and applicable legal
precedent.
ARTICLE IV
(Disregard of Official Duty-Misuse of Official Information)
While holding office as attorney general, Warren Kenneth
Paxton misused his official power to administer the public
information law (Chapter 552, Government Code).
Specifically, Paxton improperly obtained access to
information held by his office that had not been publicly disclosed
for the purpose of providing the information to the benefit of Nate
Paul.
ARTICLE V
(Disregard of Official Duty-Engagement of Cammack)
While holding office as attorney general, Warren Kenneth
Paxton misused his official powers by violating the laws governing
the appointment of prosecuting attorneys pro tem.
Specifically, Paxton engaged Brandon Cammack, a licensed
attorney, to conduct an investigation into a baseless complaint,
during which Cammack issued more than 30 grand jury subpoenas, in an
effort to benefit Nate Paul or Paul's business entities.
ARTICLE VI
(Disregard of Official Duty-Termination of Whistleblowers)
While holding office as attorney general, Warren Kenneth
Paxton violated the duties of his office by terminating and taking
adverse personnel action against employees of his office in
violation of this state's whistleblower law (Chapter 554,
Government Code).
Specifically, Paxton terminated employees of his office who
made good faith reports of his unlawful actions to law enforcement
authorities. Paxton terminated the employees without good cause or
due process and in retaliation for reporting his illegal acts and
improper conduct. Furthermore, Paxton engaged in a public and
private campaign to impugn the employees' professional reputations
or prejudice their future employment.
ARTICLE VII
(Misapplication of Public Resources-
Whistleblower Investigation and Report)
While holding office as attorney general, Warren Kenneth
Paxton misused public resources entrusted to him.
Specifically, Paxton directed employees of his office to
conduct a sham investigation into whistleblower complaints made by
employees whom Paxton had terminated and to create and publish a
lengthy written report containing false or misleading statements in
Paxton's defense.
ARTICLE VIII
(Disregard of Official Duty-Settlement Agreement)
While holding office as attorney general, Warren Kenneth
Paxton misused his official powers by concealing his wrongful acts
in connection with whistleblower complaints made by employees whom
Paxton had terminated.
Specifically, Paxton entered into a settlement agreement
with the whistleblowers that provides for payment of the settlement
from public funds. The settlement agreement stayed the wrongful
termination suit and conspicuously delayed the discovery of facts
and testimony at trial, to Paxton's advantage, which deprived the
electorate of its opportunity to make an informed decision when
voting for attorney general.
ARTICLE IX
(Constitutional Bribery-Paul's Employment of Mistress)
While holding office as attorney general, Warren Kenneth
Paxton engaged in bribery in violation of Section 41, Article XVI,
Texas Constitution.
Specifically, Paxton benefited from Nate Paul's employment
of a woman with whom Paxton was having an extramarital affair. Paul
received favorable legal assistance from, or specialized access to,
the office of the attorney general.
ARTICLE X
(Constitutional Bribery-
Paul's Providing Renovations to Paxton Home)
While holding office as attorney general, Warren Kenneth
Paxton engaged in bribery in violation of Section 41, Article XVI,
Texas Constitution.
Specifically, Paxton benefited from Nate Paul providing
renovations to Paxton's home. Paul received favorable legal
assistance from, or specialized access to, the office of the
attorney general.
ARTICLE XI
(Obstruction of Justice-Abuse of Judicial Process)
While holding office as attorney general, Warren Kenneth
Paxton abused the judicial process to thwart justice.
After Paxton was elected attorney general, Paxton was
indicted by a Collin County grand jury for engaging in fraud or
fraudulent practices in violation of The Securities Act (Title 12,
Government Code). Paxton then concealed the facts underlying his
criminal charges from voters by causing protracted delay of the
trial, which deprived the electorate of its opportunity to make an
informed decision when voting for attorney general.
ARTICLE XII
(Obstruction of Justice-Abuse of Judicial Process)
While holding office as attorney general, Warren Kenneth
Paxton abused the judicial process to thwart justice.
Specifically, Paxton benefited from the filing of a lawsuit
by Jeff Blackard, a donor to Paxton's campaign, that interfered
with or disrupted payment of the prosecutors in a criminal
securities fraud case against Paxton. Blackard's actions caused
protracted delay in the criminal case against Paxton, including the
delay of discovery of facts and testimony at trial, to Paxton's
advantage, which deprived the electorate of its opportunity to make
an informed decision when voting for attorney general.
ARTICLE XIII
(False Statements in Official Records-
State Securities Board Investigation)
While holding office as attorney general, and prior to,
Warren Kenneth Paxton made false statements in official records to
mislead both the public and public officials.
Specifically, Paxton made false statements to the State
Securities Board in connection with its investigation of his
failure to register with the board as required by law.
ARTICLE XIV
(False Statements in Official Records-
Personal Financial Statements)
While holding office as attorney general, and prior to,
Warren Kenneth Paxton made misrepresentations or false or
misleading statements in official filings to mislead both the
public and public officials.
Specifically, Paxton failed to fully and accurately disclose
his financial interests in his personal financial statements
required by law to be filed with the Texas Ethics Commission in
furtherance of the acts described in one or more articles.
ARTICLE XV
(False Statements in Official Records-
Whistleblower Response Report)
While holding office as attorney general, Warren Kenneth
Paxton made false or misleading statements in official records to
mislead both the public and public officials.
Specifically, Paxton made or caused to be made multiple false
or misleading statements in the lengthy written report issued by
his office in response to whistleblower allegations.
ARTICLE XVI
(Conspiracy and Attempted Conspiracy)
While holding office as attorney general, Warren Kenneth
Paxton acted with others to conspire, or attempt to conspire, to
commit acts described in one or more articles.
ARTICLE XVII
(Misappropriation of Public Resources)
While holding office as attorney general, Warren Kenneth
Paxton misused his official powers by causing employees of his
office to perform services for his benefit and the benefit of
others.
ARTICLE XVIII
(Dereliction of Duty)
While holding office as attorney general, Warren Kenneth
Paxton violated the Texas Constitution, his oaths of office,
statutes, and public policy against public officials acting
contrary to the public interest by engaging in acts described in one
or more articles.
ARTICLE XIX
(Unfitness for Office)
While holding office as attorney general, Warren Kenneth
Paxton engaged in misconduct, private or public, of such character
as to indicate his unfitness for office, as shown by the acts
described in one or more articles.
ARTICLE XX
(Abuse of Public Trust)
While holding office as attorney general, Warren Kenneth
Paxton used, misused, or failed to use his official powers in a
manner calculated to subvert the lawful operation of the government
of the State of Texas and obstruct the fair and impartial
administration of justice, thereby bringing the Office of Attorney
General into scandal and disrepute to the prejudice of public
confidence in the government of this State, as shown by the acts
described in one or more articles.
PRAYER
Accordingly, the House of Representatives of the State of
Texas, reserving to itself the prerogative of presenting at any
future date further articles of impeachment against Warren Kenneth
Paxton; of replying to any answer he makes to these articles; and of
offering proof to sustain each of the above articles and to any
other articles which may be preferred, requests that Warren Kenneth
Paxton be called upon to answer these articles of impeachment in the
Texas Senate, and that in those proceedings the examinations,
trials, and judgments be conducted and issued in accordance with
law and justice.