Texas 2023 - 88th Regular

Texas House Bill HR2377 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.R. No. 2377
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, That Warren Kenneth Paxton Jr., Attorney General of the
7	7	State of Texas, is impeached and that the following articles of
8	8	impeachment be exhibited to the Texas Senate:
9	9	ARTICLES OF IMPEACHMENT
10	10	Exhibited by the House of Representatives of the State of
11	11	Texas in the name of itself and of all the people of the State of
12	12	Texas against Warren Kenneth Paxton, Attorney General of the State
13	13	of Texas, in maintenance and support of its impeachment against
14	14	him.
15	15	ARTICLE I
16	16	(Disregard of Official Duty-
17	17	Protection of Charitable Organization)
18	18	While holding office as attorney general, Warren Kenneth
19	19	Paxton violated the duties of his office by failing to act as public
20	20	protector of charitable organizations as required by Chapter 123,
21	21	Property Code.
22	22	Specifically, Paxton caused employees of his office to
23	23	intervene in a lawsuit brought by the Roy F. & JoAnn Cole Mitte
24	24	Foundation against several corporate entities controlled by Nate
25	25	Paul. Paxton harmed the Mitte Foundation in an effort to benefit
26	26	Paul.
27	27	ARTICLE II
28	28	(Disregard of Official Duty-Abuse of the Opinion Process)
29	29	While holding office as attorney general, Warren Kenneth
30	30	Paxton misused his official power to issue written legal opinions
31	31	under Subchapter C, Chapter 402, Government Code.
32	32	Specifically, Paxton caused employees of his office to
33	33	prepare an opinion in an attempt to avoid the impending foreclosure
34	34	sales of properties belonging to Nate Paul or business entities
35	35	controlled by Paul. Paxton concealed his actions by soliciting the
36	36	chair of a senate committee to serve as straw requestor.
37	37	Furthermore, Paxton directed employees of his office to reverse
38	38	their legal conclusion for the benefit of Paul.
39	39	ARTICLE III
40	40	(Disregard of Official Duty-Abuse of the Open Records Process)
41	41	While holding office as attorney general, Warren Kenneth
42	42	Paxton misused his official power to administer the public
43	43	information law (Chapter 552, Government Code).
44	44	Specifically, Paxton directed employees of his office to act
45	45	contrary to law by refusing to render a proper decision relating to
46	46	a public information request for records held by the Department of
47	47	Public Safety and by issuing a decision involving another public
48	48	information request that was contrary to law and applicable legal
49	49	precedent.
50	50	ARTICLE IV
51	51	(Disregard of Official Duty-Misuse of Official Information)
52	52	While holding office as attorney general, Warren Kenneth
53	53	Paxton misused his official power to administer the public
54	54	information law (Chapter 552, Government Code).
55	55	Specifically, Paxton improperly obtained access to
56	56	information held by his office that had not been publicly disclosed
57	57	for the purpose of providing the information to the benefit of Nate
58	58	Paul.
59	59	ARTICLE V
60	60	(Disregard of Official Duty-Engagement of Cammack)
61	61	While holding office as attorney general, Warren Kenneth
62	62	Paxton misused his official powers by violating the laws governing
63	63	the appointment of prosecuting attorneys pro tem.
64	64	Specifically, Paxton engaged Brandon Cammack, a licensed
65	65	attorney, to conduct an investigation into a baseless complaint,
66	66	during which Cammack issued more than 30 grand jury subpoenas, in an
67	67	effort to benefit Nate Paul or Paul's business entities.
68	68	ARTICLE VI
69	69	(Disregard of Official Duty-Termination of Whistleblowers)
70	70	While holding office as attorney general, Warren Kenneth
71	71	Paxton violated the duties of his office by terminating and taking
72	72	adverse personnel action against employees of his office in
73	73	violation of this state's whistleblower law (Chapter 554,
74	74	Government Code).
75	75	Specifically, Paxton terminated employees of his office who
76	76	made good faith reports of his unlawful actions to law enforcement
77	77	authorities. Paxton terminated the employees without good cause or
78	78	due process and in retaliation for reporting his illegal acts and
79	79	improper conduct. Furthermore, Paxton engaged in a public and
80	80	private campaign to impugn the employees' professional reputations
81	81	or prejudice their future employment.
82	82	ARTICLE VII
83	83	(Misapplication of Public Resources-
84	84	Whistleblower Investigation and Report)
85	85	While holding office as attorney general, Warren Kenneth
86	86	Paxton misused public resources entrusted to him.
87	87	Specifically, Paxton directed employees of his office to
88	88	conduct a sham investigation into whistleblower complaints made by
89	89	employees whom Paxton had terminated and to create and publish a
90	90	lengthy written report containing false or misleading statements in
91	91	Paxton's defense.
92	92	ARTICLE VIII
93	93	(Disregard of Official Duty-Settlement Agreement)
94	94	While holding office as attorney general, Warren Kenneth
95	95	Paxton misused his official powers by concealing his wrongful acts
96	96	in connection with whistleblower complaints made by employees whom
97	97	Paxton had terminated.
98	98	Specifically, Paxton entered into a settlement agreement
99	99	with the whistleblowers that provides for payment of the settlement
100	100	from public funds. The settlement agreement stayed the wrongful
101	101	termination suit and conspicuously delayed the discovery of facts
102	102	and testimony at trial, to Paxton's advantage, which deprived the
103	103	electorate of its opportunity to make an informed decision when
104	104	voting for attorney general.
105	105	ARTICLE IX
106	106	(Constitutional Bribery-Paul's Employment of Mistress)
107	107	While holding office as attorney general, Warren Kenneth
108	108	Paxton engaged in bribery in violation of Section 41, Article XVI,
109	109	Texas Constitution.
110	110	Specifically, Paxton benefited from Nate Paul's employment
111	111	of a woman with whom Paxton was having an extramarital affair. Paul
112	112	received favorable legal assistance from, or specialized access to,
113	113	the office of the attorney general.
114	114	ARTICLE X
115	115	(Constitutional Bribery-
116	116	Paul's Providing Renovations to Paxton Home)
117	117	While holding office as attorney general, Warren Kenneth
118	118	Paxton engaged in bribery in violation of Section 41, Article XVI,
119	119	Texas Constitution.
120	120	Specifically, Paxton benefited from Nate Paul providing
121	121	renovations to Paxton's home. Paul received favorable legal
122	122	assistance from, or specialized access to, the office of the
123	123	attorney general.
124	124	ARTICLE XI
125	125	(Obstruction of Justice-Abuse of Judicial Process)
126	126	While holding office as attorney general, Warren Kenneth
127	127	Paxton abused the judicial process to thwart justice.
128	128	After Paxton was elected attorney general, Paxton was
129	129	indicted by a Collin County grand jury for engaging in fraud or
130	130	fraudulent practices in violation of The Securities Act (Title 12,
131	131	Government Code). Paxton then concealed the facts underlying his
132	132	criminal charges from voters by causing protracted delay of the
133	133	trial, which deprived the electorate of its opportunity to make an
134	134	informed decision when voting for attorney general.
135	135	ARTICLE XII
136	136	(Obstruction of Justice-Abuse of Judicial Process)
137	137	While holding office as attorney general, Warren Kenneth
138	138	Paxton abused the judicial process to thwart justice.
139	139	Specifically, Paxton benefited from the filing of a lawsuit
140	140	by Jeff Blackard, a donor to Paxton's campaign, that interfered
141	141	with or disrupted payment of the prosecutors in a criminal
142	142	securities fraud case against Paxton. Blackard's actions caused
143	143	protracted delay in the criminal case against Paxton, including the
144	144	delay of discovery of facts and testimony at trial, to Paxton's
145	145	advantage, which deprived the electorate of its opportunity to make
146	146	an informed decision when voting for attorney general.
147	147	ARTICLE XIII
148	148	(False Statements in Official Records-
149	149	State Securities Board Investigation)
150	150	While holding office as attorney general, and prior to,
151	151	Warren Kenneth Paxton made false statements in official records to
152	152	mislead both the public and public officials.
153	153	Specifically, Paxton made false statements to the State
154	154	Securities Board in connection with its investigation of his
155	155	failure to register with the board as required by law.
156	156	ARTICLE XIV
157	157	(False Statements in Official Records-
158	158	Personal Financial Statements)
159	159	While holding office as attorney general, and prior to,
160	160	Warren Kenneth Paxton made misrepresentations or false or
161	161	misleading statements in official filings to mislead both the
162	162	public and public officials.
163	163	Specifically, Paxton failed to fully and accurately disclose
164	164	his financial interests in his personal financial statements
165	165	required by law to be filed with the Texas Ethics Commission in
166	166	furtherance of the acts described in one or more articles.
167	167	ARTICLE XV
168	168	(False Statements in Official Records-
169	169	Whistleblower Response Report)
170	170	While holding office as attorney general, Warren Kenneth
171	171	Paxton made false or misleading statements in official records to
172	172	mislead both the public and public officials.
173	173	Specifically, Paxton made or caused to be made multiple false
174	174	or misleading statements in the lengthy written report issued by
175	175	his office in response to whistleblower allegations.
176	176	ARTICLE XVI
177	177	(Conspiracy and Attempted Conspiracy)
178	178	While holding office as attorney general, Warren Kenneth
179	179	Paxton acted with others to conspire, or attempt to conspire, to
180	180	commit acts described in one or more articles.
181	181	ARTICLE XVII
182	182	(Misappropriation of Public Resources)
183	183	While holding office as attorney general, Warren Kenneth
184	184	Paxton misused his official powers by causing employees of his
185	185	office to perform services for his benefit and the benefit of
186	186	others.
187	187	ARTICLE XVIII
188	188	(Dereliction of Duty)
189	189	While holding office as attorney general, Warren Kenneth
190	190	Paxton violated the Texas Constitution, his oaths of office,
191	191	statutes, and public policy against public officials acting
192	192	contrary to the public interest by engaging in acts described in one
193	193	or more articles.
194	194	ARTICLE XIX
195	195	(Unfitness for Office)
196	196	While holding office as attorney general, Warren Kenneth
197	197	Paxton engaged in misconduct, private or public, of such character
198	198	as to indicate his unfitness for office, as shown by the acts
199	199	described in one or more articles.
200	200	ARTICLE XX
201	201	(Abuse of Public Trust)
202	202	While holding office as attorney general, Warren Kenneth
203	203	Paxton used, misused, or failed to use his official powers in a
204	204	manner calculated to subvert the lawful operation of the government
205	205	of the State of Texas and obstruct the fair and impartial
206	206	administration of justice, thereby bringing the Office of Attorney
207	207	General into scandal and disrepute to the prejudice of public
208	208	confidence in the government of this State, as shown by the acts
209	209	described in one or more articles.
210	210	PRAYER
211	211	Accordingly, the House of Representatives of the State of
212	212	Texas, reserving to itself the prerogative of presenting at any
213	213	future date further articles of impeachment against Warren Kenneth
214	214	Paxton; of replying to any answer he makes to these articles; and of
215	215	offering proof to sustain each of the above articles and to any
216	216	other articles which may be preferred, requests that Warren Kenneth
217	217	Paxton be called upon to answer these articles of impeachment in the
218	218	Texas Senate, and that in those proceedings the examinations,
219	219	trials, and judgments be conducted and issued in accordance with
220	220	law and justice.
221	221	Murr
222	222	A. Johnson of Harris
223	223	Geren
224	224	Longoria
225	225	Spiller
226	226	______________________________
227	227	Speaker of the House
228	228	I certify that H.R. No. 2377 was adopted by the House on May
229	229	27, 2023, by the following vote: Yeas 121, Nays 23, 2 present, not
230	230	voting.
231	231	______________________________
232	232	Chief Clerk of the House