Texas 2023 - 88th 1st C.S.

Texas Senate Bill SR35 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell, et al. S.R. No. 35
	1	+	2023S0455-1 06/21/23
	2	+	By: Birdwell S.R. No. 35
2	3
3	4
4	5		SENATE RESOLUTION
5	6		BE IT RESOLVED by the Senate of the State of Texas, That the
6	7		following Rules of Impeachment govern in the Impeachment Trial of
7	8		Warren Kenneth Paxton Jr., Attorney General of the State of
8	9		Texas:
9	10		Rule 1.
10	11		Court of Impeachment. At 9:00 a.m., on September 5, 2023, or at
11	12		the discretion of the presiding officer of the Senate, the Senate
12	13		of the State of Texas shall meet to receive the appearance or plea
13	14		and commence the trial of Warren Kenneth Paxton, Jr., Attorney
14	15		General of the State of Texas, against whom articles of
15	16		impeachment have been preferred by the House of Representatives
16	17		of the State of Texas.
17	18		Rule 2.
18	19		Court and Court Officers. The Senate of the State of Texas sits as
19	20		the court of impeachment. The members of the Senate serve as the
20	21		members of the court. The President of the Senate, or a member of
21	22		the Senate designated by the President, serves as the presiding
22	23		officer of the court. In addition, the President of the Senate
23	24		may appoint a jurist who shall not run for election in the 2024
24	25		election cycle to serve as the presiding officer of the court.
25	26		The Sergeant at Arms of the Senate serves as bailiff of the court.
26	27		The Secretary of the Senate serves as clerk of the court. The
27	28		President of the Senate may appoint additional officers of the
28	29		court as he deems necessary.
29	30		Rule 3.
30	31		Parties and Appearance. Warren Kenneth Paxton, Jr., and the House
31	32		Board of Managers are the parties to the trial of impeachment.
32	33		The parties and their counsel shall be admitted to appear and be
33	34		heard on the impeachment. The parties and their counsel have
34	35		access to the floor of the Senate at all times and are to be
35	36		provided seats on the floor of the Senate, except when the court
36	37		of impeachment is in closed session. The appearance of the
37	38		parties and their counsel is to be indicated in the record of the
38	39		proceedings for each session of the impeachment trial. The
39	40		bailiff shall maintain a daily register of all persons admitted
40	41		to the floor of the Senate, except for members of the court,
41	42		officers of the court, the presiding officer, legal counsel for
42	43		the presiding officer, and staff of members of the court.
43	44		Rule 4.
44	45		Proceeding Records.
45	46		(a) The clerk of the court shall ensure that the court has the
46	47		court reporters necessary to transcribe the court's proceedings.
47	48		The parties may also have their own court reporter to transcribe
48	49		the proceedings, at their own expense.
49	50		(b) A copy of all written documents submitted into evidence
50	51		during the impeachment trial shall be shared with members of the
51	52		court.
52	53		Rule 5.
53	54		(a) Commencement of the Trial. The Senate, having resolved itself
54	55		into a court of impeachment, shall proceed to the consideration
55	56		of Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XV, XVI,
56	57		XVII, XVIII, XIX, and XX. Articles XI, XII, XIII, and XIV shall be
57	58		held in abeyance. The clerk of the court shall read the articles
58	59		of impeachment and the presiding officer shall ask Warren Kenneth
59	60		Paxton, Jr., or his counsel, how he plead on each article. Warren
60	61		Kenneth Paxton, Jr., shall in-person or by counsel appear in the
61	62		court and plead guilty or not guilty to the articles of
62	63		impeachment preferred against him. The plead shall be recorded
63	64		with the clerk of the court of impeachment. If Warren Kenneth
64	65		Paxton, Jr., fails to appear in-person or by counsel, or in
65	66		appearing, fails to plead to the articles of impeachment, the
66	67		trial shall proceed as on a plea of not guilty.
67	68		(b) Action on Pleadings. Any motion, that if wholly or partially
68	69		granted, would result in dismissal of any article or articles of
69	70		impeachment shall be submitted to a vote of the majority of the
70	71		members present and eligible to serve as jurors without debate or
71	72		comment, after members of the court consider all written motions
72	73		and answers by the parties and the report of recommendations
73	74		prepared by the Senate Special Committee on Rules & Procedures
74	75		for Court of Impeachment.
75	76		All other pre-trial motions shall be ruled on by the presiding
76	77		officer of the court considering all written motions and answers
77	78		by the parties and the report of recommendations prepared by the
78	79		Senate Special Committee on Rules & Procedures for Court of
79	80		Impeachment previously submitted under Rule 15, without debate
80	81		or comment. The presiding officer of the court shall rule on each
81	82		such motion, or at his or her option, shall submit the question to
82	83		a vote of the majority of the members present and eligible to
83	84		serve as jurors.
84	85		(c) Order of Proceeding and Trial. The trial shall begin promptly
85	86		after rulings and votes on all pre-trial motions. Time
86	87		limitations as provided in Rule 17 shall be monitored by the
87	88		clerk of the court during all the proceedings of the court. The
88	89		House Board of Managers may provide an opening statement. Warren
89	90		Kenneth Paxton, Jr., or his counsel may make an opening statement
90	91		afterwards or reserve the right to make an opening statement at
91	92		the beginning of his case. The House Board of Managers or their
92	93		counsel may then begin the presentation of evidence.
93	94		Cross-examination of witnesses is permitted. Upon conclusion of
94	95		the evidence on the part of the House Board of Managers or their
95	96		counsel, Warren Kenneth Paxton, Jr., or his counsel may make an
96	97		opening statement if they have not already done so. Warren
97	98		Kenneth Paxton, Jr., or his counsel may begin the presentation of
98	99		evidence. Cross-examination is permitted. Rebuttal evidence may
99	100		be presented by both parties. Upon the completion of all
100	101		evidence, closing arguments shall be heard. The House Board of
101	102		Managers having the burden of proof, has a right to open and close
102	103		the final arguments. Following final arguments, members of the
103	104		court shall begin deliberation.
104	105		(d) Examination of Witnesses. All witnesses and evidence shall be
105	106		examined only by the House Board of Managers or counsel to the
106	107		parties.
107	108		(e) Witness Lists. A list of all witnesses, if any, who are to be
108	109		called to testify in their case in chief at trial by a party,
109	110		including the status of their subpoenas, are to be filed with the
110	111		clerk of the court by August 22, 2023, or a date set by the
111	112		presiding officer of the Senate. Copies of such lists shall be
112	113		provided to the opposing party, members of the court, the
113	114		presiding officer of the court, and legal counsel of the
114	115		presiding officer of the court but are otherwise confidential.
115	116		Rule 6.
116	117		Authority of the Court. The presiding officer of the court has the
117	118		power to compel the attendance of witnesses, to enforce obedience
118	119		to its orders, mandates, writs, process, and judgments, to
119	120		preserve order, and to punish for contempt to the same extent as
120	121		district courts in the State of Texas or as provided in Section
121	122		III, Article 15, of the Texas Constitution, and to make all
122	123		lawful orders, rules and regulations which it may deem essential
123	124		or conducive to the ends of justice. The bailiff, under the
124	125		direction of the presiding officer thereof, may employ licensed
125	126		Texas peace officers to aid and assist as may be necessary to
126	127		enforce, execute, and carry into effect the lawful orders,
127	128		mandates, writs, and process sitting as a court of impeachment.
128	129		All effort shall be taken to ensure the timely production of
129	130		subpoenaed writings or other items. All subpoenas issued
130	131		requesting documents, writings, or other items shall be
131	132		responded to within seven days of receipt of service.
132	133		Rule 7.
133	134		Suspension or Amendment of the Rules. These rules of impeachment
134	135		govern during the trial of this impeachment proceeding. The rules
135	136		may be suspended on the vote of two-thirds of the members of the
136	137		court present and eligible to serve as jurors, the yeas and nays
137	138		of the vote entered in the record. The rules may be amended on
138	139		the vote of two-thirds of the members of the court present and
139	140		eligible to serve as jurors, the yeas and nays of the vote entered
140	141		in the record, after written notice of the proposed amendment has
141	142		been given in the open court for a period of at least twenty-four
142	143		hours.
143	144		Rule 8.
144	145		Closed Court Deliberation. The sessions of the court of
145	146		impeachment are to be open. Deliberations of the court are to be
146	147		closed. The court may meet in closed session, but no formal
147	148		action may be taken in a closed session. Deliberations may not
148	149		occur until conclusion of all final arguments. Only members of
149	150		the court are permitted in deliberations. Any vote shall be in
150	151		open court without debate or comment. After final judgment, a
151	152		member of the court may provide a written statement on their vote
152	153		within seventy-two hours to the clerk of the court which would
153	154		become a part of the official record and entered into the
154	155		journal.
155	156		Rule 9.
156	157		(a) News Media. In order for the public to be properly informed,
157	158		representatives of the news media are to be provided space in the
158	159		Senate gallery and are to be allowed to cover the proceedings of
159	160		the Senate of the State of Texas sitting as a court of impeachment
160	161		when the court is in open session. Interviews, press conferences,
161	162		and other contacts between representatives of the news media and
162	163		members of the court, officers of the court, members of the House
163	164		of Representatives, counsel, witnesses, or parties may not be
164	165		conducted in the Senate Chamber, the Lt. Governor's reception
165	166		room, the member's lounge, the back hall of the Senate Chamber,
166	167		and the corridors and rooms within the prescribed area while the
167	168		court is in session. Two stationary pool cameras shall be allowed
168	169		in the Senate Chamber to ensure clear visual and audio
169	170		availability to the news media.
170	171		(b) Public Access. The bailiff shall organize a method by which
171	172		as many members of the public as possible have access to the
172	173		Senate gallery while the court is in open session by rotating
173	174		members of the public through the gallery seats in an orderly
174	175		fashion at certain time intervals. To ensure remote public
175	176		access, the court shall livestream the court proceedings, except
176	177		when the court is in a closed session.
177	178		Rule 10.
178	179		(a) Gag Order. A gag order that meets state and federal law
179	180		standards shall be issued by the presiding officer of the court
180	181		as soon as practicable after adoption of the rules for the court
181	182		of impeachment.
182	183		(b) Communication Rules. No members of the court, staff of
183	184		members of the court, presiding officer of the court, and legal
184	185		counsel of the presiding officer shall discuss or comment on any
185	186		matter relating to the merits of the proceedings before the court
186	187		of impeachment with Warren Kenneth Paxton, Jr., and his counsel,
187	188		the House Board of Managers and their counsel, or any persons
188	189		other than members of the court, the presiding officer of the
189	190		court, legal counsel to the presiding officer, or staff or legal
190	191		counsel to members of the court.
191	192		(c) Advocating a Position. No member of the court or the presiding
192	193		officer of the court shall advocate a position on the merits of
193	194		the proceedings to other members of the court or the presiding
194	195		officer of the court, until such time as deliberations shall
195	196		begin.
196	197		Rule 11.
197	198		Call of the Senate and Privileges of the Senate Floor.
198	199		(a) The court shall proceed as a court of impeachment as though
199	200		under a call of the Senate. While the court is in session, all
200	201		members of the court shall be in attendance in accordance with
201	202		the Texas Constitution and Section 665.026 of the Texas
202	203		Government Code.
203	204		(b) All members of the House Board of Managers shall be in
204	205		attendance on the Senate floor when the court of impeachment is
205	206		in open session.
206	207		(c) Members of the court, and their staff and legal counsel, and
207	208		members of the House Board of Managers may not utilize a wireless
208	209		mobile device while the court of impeachment is in session on the
209	210		Senate floor unless necessary for hearing assistance or
210	211		accessing electronic documents submitted into evidence.
211	212		(d) Each member of the court is entitled to one staff member on
212	213		the Senate floor outside of the rail while the court is in open
213	214		session. The presiding officer may have legal counsel on the
214	215		Senate floor while the court is in open session.
215	216		(e) Members of the court are allowed legal materials, court
216	217		transcripts and documents, and personal materials on the Senate
217	218		floor at their desk. Members of the court, and their staff and
218	219		legal counsel, and members of the House Board of Managers may
219	220		utilize electronic equipment on the Senate floor while the court
220	221		of impeachment is in session that does not have wireless
221	222		communication capabilities or where those wireless communication
222	223		capabilities are disabled. Members of the court may access
223	224		electronic documents submitted into evidence utilizing any
224	225		electronic device. Members of the court may keep a drinking
225	226		container with water on the Senate floor at their desk while the
226	227		court is in session.
227	228		(f) Members of the court may take brief personal breaks to the
228	229		member's lounge, where the proceedings will be broadcasted,
229	230		while the court is in session.
230	231		(g) As necessary when a witness is not testifying, members of the
231	232		court may move about the Senate floor while the court is in open
232	233		session to confer with staff and legal counsel, the presiding
233	234		officer, legal counsel to the presiding officer, or other members
234	235		of the court while maintaining strict decorum.
235	236		(h) Former members of the Texas Senate, members of the House of
236	237		Representatives that are not members of the House Board of
237	238		Managers, family privileges, and other guest floor privileges
238	239		are suspended during the proceedings of the court of impeachment.
239	240		Rule 12.
240	241		New Articles of Impeachment. The House of Representatives shall
241	242		not present to the Senate of the State of Texas any additional
242	243		articles of impeachment to those already presented prior to
243	244		thirty days within the commencement of the court of impeachment
244	245		trial. Any additional articles of impeachment to those already
245	246		presented brought within thirty days of commencement of the court
246	247		of impeachment trial shall be held in abeyance. If any additional
247	248		articles of impeachment to those already presented are received
248	249		by the Senate of the State of Texas in compliance with Rule 12, no
249	250		additional time shall be granted to the parties in accordance
250	251		with the time limitations stated in Rule 17.
251	252		Rule 13.
252	253		Authority and Duties of the Presiding Officer.
253	254		(a) The presiding officer of the court shall have power to make
254	255		and to issue, by himself or herself or by the clerk of the court,
255	256		all orders, mandates, writs, and process authorized by these
256	257		rules or by the court, and to make and to enforce such regulations
257	258		and orders in the Senate as the court may authorize or provide.
258	259		(b) All questions of evidence, including questions of relevancy,
259	260		materiality, or repetition of evidence, and all incidental
260	261		questions, shall be decided observing the established Texas
261	262		Rules of Evidence as nearly as applicable, as deemed necessary to
262	263		promote a timely and fair resolution of the articles of
263	264		impeachment. The presiding officer of the court shall rule on
264	265		each question, or at his or her option, shall submit the question
265	266		to a vote of the majority of the members present and eligible to
266	267		serve as jurors without debate or comment.
267	268		Rule 14.
268	269		(a) Legal Counsel for the Presiding Officer. In addition to legal
269	270		staff currently employed by the presiding officer of the Senate,
270	271		the presiding officer may select legal counsel licensed in the
271	272		State of Texas who is not a registered lobbyist in this State.
272	273		Legal counsel for the presiding officer may consult on matters
273	274		related to all rulings, orders, mandates, writs, questions of
274	275		evidence, and processes authorized by the rules of the court of
275	276		impeachment. The legal counsel selected must be knowledgeable
276	277		about the Texas Rules of Evidence.
277	278		(b) Legal Counsel for the Members of the Court. In addition to
278	279		legal staff currently employed by members of the court, the Texas
279	280		Senate Caucus may select legal counsel licensed in the State of
280	281		Texas who is not a registered lobbyist in this State.
281	282		Rule 15.
282	283		Motions of the Parties.
283	284		(a) All pre-trial motions made by the parties, or their counsel,
284	285		other than those referred to in Rule 13(b), are to be submitted in
285	286		writing to the clerk of the court and addressed to the presiding
286	287		officer no later than August 5, 2023. All answers shall be filed
287	288		by the opposing party no later than August 15, 2023. The clerk of
288	289		the court shall prepare copies of all motions and answers and
289	290		distribute to members of the court by August 16, 2023. The Senate
290	291		Special Committee on Rules & Procedures for Court of Impeachment
291	292		shall review all pre-trial motions and answers and shall prepare
292	293		a report with recommendations for each motion no later than
293	294		August 28, 2023. The Senate Special Committee on Rules &
294	295		Procedures for Court of Impeachment shall provide written copies
295	296		of the report to members of the court by August 29, 2023. The
296	297		reports of the Senate Special Committee on Rules & Procedures for
297	298		Court of Impeachment are otherwise confidential.
298	299		(b) Except for motions that if granted could result in the
299	300		dismissal of any article or articles of impeachment, the rulings
300	301		shall be made by the presiding officer of the Senate sitting as
301	302		the presiding officer of the court of impeachment at the
302	303		commencement of the trial prior to opening statements. The
303	304		presiding officer may, at his or her option, submit the question
304	305		on any motion to a vote of the majority of members of the court
305	306		present and eligible to serve as jurors without debate or
306	307		comment. If the granting of a motion could result in the
307	308		dismissal of any article or articles of impeachment, it shall be
308	309		submitted prior to the beginning of an opening statement to a
309	310		vote of the majority of the members present and eligible to serve
310	311		as jurors without debate or comment, after members of the court
311	312		consider all written motions and answers by the parties and the
312	313		report of recommendations prepared by the Senate Special
313	314		Committee on Rules & Procedures for Court of Impeachment.
314	315		(c) If necessary, the presiding officer may defer the ruling on a
315	316		motion until the conclusion of all evidence, if it is deemed any
316	317		evidence is necessary for a ruling on the motion. If the motion is
317	318		deferred, the presiding officer of the Senate, sitting as the
318	319		presiding officer of the court, shall rule on the motion at the
319	320		conclusion of all evidence, or at his option, after the
320	321		conclusion of all evidence, submit the question to a vote of a
321	322		majority of the members of the court present and eligible to
322	323		serve as jurors without debate or comment. If the granting of a
323	324		motion could result in the dismissal of any article or articles
324	325		of impeachment, it shall be submitted to a vote of the majority of
325	326		the members present and eligible to serve as jurors without
326	327		debate or comment, after members of the court consider all
327	328		written motions and answers by the parties and the report of
328	329		recommendations prepared by the Senate Special Committee on
329	330		Rules & Procedures for Court of Impeachment. A majority of the
330	331		members of the court present and eligible to serve as jurors may
331	332		defer the ruling on a motion until the conclusion of all
332	333		evidence, if it is deemed any evidence is necessary for a ruling
333	334		on the motion.
334	335		(d) All other motions that may be filed during the course of the
335	336		trial, other than those referred to in Rule 13(b) shall be filed
336	337		in writing and presented to the presiding officer of the court.
337	338		The presiding officer of the court shall rule on each question,
338	339		or at his or her option, shall submit the question to a vote of
339	340		the majority of the members present and eligible to serve as
340	341		jurors without debate or comment. If the granting of a motion
341	342		could result in the dismissal of any article or articles of
342	343		impeachment, it shall be submitted to a vote of the majority of
343	344		the members present and eligible to serve as jurors without
344	345		debate or comment, after members of the court consider all
345	346		written motions and answers by the parties and the report of
346	347		recommendations prepared by the Senate Special Committee on
347	348		Rules & Procedures for Court of Impeachment.
348	349		(e) The above dates in Rule 15 are subject to change at the
349	350		discretion of the presiding officer of the Senate, if the start
350	351		date of the trial is amended.
351	352		(f) All motions and answers shall be submitted to the clerk of
352	353		the court and must be created in 12-point, Times New Roman font,
353	354		double-spaced, and on letter size paper. All motions and answers
354	355		submitted must maintain a minimum one-inch margin on all sides.
355	356		All motions and answers submitted shall not exceed ten pages in
356	357		length.
357	358		Rule 16.
358	359		Decisions of Court. Except as provided otherwise in these rules,
359	360		all questions to the court are to be decided on the vote of a
360	361		majority of the members present and eligible to serve as jurors
361	362		without debate or comment.
362	363		Rule 17.
363	364		Time Limitations. It is the intent of the Senate of the State of
364	365		Texas to conduct a fair and respectful trial. The Senate will not
365	366		tolerate unnecessary delays, outbursts, or side-bar remarks. The
366	367		decorum rules of the Senate Chamber will be respected at all
367	368		times. Prolonged, repetitive, or unnecessary questioning or
368	369		posturing will not be allowed. The presiding officer will
369	370		strictly and routinely enforce Rule 611 in the Texas Rules of
370	371		Evidence. The presiding officer shall exercise reasonable
371	372		control over the time, mode, and order of the examination of
372	373		witnesses and the presentation of evidence so as to:
373	374		(1) make those procedures effective for determining the
374	375		truth;
375	376		(2) avoid wasting time; and
376	377		(3) protect witnesses from harassment or undue
377	378		embarrassment.
378	379		To that end, the following time limits and rules are to be in
379	380		effect for the court of impeachment, subject to extension by the
380	381		presiding officer of the court in the interest of justice:
381	382		(1) Opening statements: 60 minutes per side;
382	383		(2) Total hours for presentation of evidence: 24 hours for
383	384		each party;
384	385		(3) Cross-examination of witnesses shall be closely
385	386		monitored for violations of Rule 611 in the Texas Rules of
386	387		Evidence;
387	388		(4) Only one person per side can question a witness and
388	389		only one person per side may cross-examine a witness;
389	390		(5) Rebuttal evidence: 60 minutes per side;
390	391		(6) Final argument: 60 minutes per side; and
391	392		(7) If there is a conviction: 15 minutes per side on the
392	393		issue of disqualification to hold future office.
393	394		Rule 18.
394	395		Preparations and Proceedings. The presiding officer of the Senate
395	396		shall direct all necessary preparations in the Senate Chamber,
396	397		and the presiding officer of the court, shall direct all forms of
397	398		proceedings, and all forms during the trial of impeachment not
398	399		otherwise provided for.
399	400		Rule 19.
400	401		Administration of Oaths.
401	402		(a) The following oath is to be administered by the chief justice
402	403		of the Supreme Court of Texas or the presiding judge of the
403	404		Criminal Court of Appeals of Texas to the presiding officer of
404	405		the court:
405	406		"I do solemnly swear or affirm that I will impartially try Warren
406	407		Kenneth Paxton, Jr., Attorney General of Texas, upon the
407	408		impeachment charges submitted by the House of Representatives,
408	409		so help me God."
409	410		(b) The following oath is to be administered by the presiding
410	411		officer of the court to each member of the Senate that is eligible
411	412		to serve as a juror of the court:
412	413		"I do solemnly swear or affirm that I will impartially try Warren
413	414		Kenneth Paxton, Jr., Attorney General of Texas, upon the
414	415		impeachment charges submitted to me by the House of
415	416		Representatives and a true verdict render according to the law,
416	417		and the evidence, so help me God."
417	418		(c) The following oath is to be administered by the presiding
418	419		officer, or the clerk of the court at the direction of the
419	420		presiding officer, to each person employed by the court to
420	421		interpret or translate for a witness appearing in the impeachment
421	422		proceedings:
422	423		"I do solemnly swear or affirm that I will correctly interpret
423	424		and translate for proceedings on the trial of Warren Kenneth
424	425		Paxton, Jr., on impeachment, so help me God."
425	426		(d) The following oath is to be administered by the presiding
426	427		officer, or the clerk of the court at the direction of the
427	428		presiding officer, to each person employed by the court to
428	429		transcribe or report the impeachment proceedings:
429	430		"I do solemnly swear or affirm that I will correctly transcribe
430	431		and report all of the proceedings on the trial of Warren Kenneth
431	432		Paxton, Jr., on impeachment, so help me God."
432	433		Rule 20.
433	434		Votes.
434	435		(a) No member of the court that is eligible to serve as a juror
435	436		may vote or have a vote recorded on any question unless present on
436	437		the Senate floor at the time such vote is taken. No member may be
437	438		paired or vote by proxy. All votes by members of the court shall
438	439		be a yea or nay.
439	440		(b) For any motion, that if wholly or partially granted, would
440	441		result in dismissal of any article or articles of impeachment,
441	442		the votes shall be taken in the following manner: Each member of
442	443		the court shall be provided a voting form and shall submit a
443	444		written vote on the motion to the clerk of the court to be entered
444	445		in the record. Immediately after collection of the written votes
445	446		by the bailiff, the clerk of the court shall randomly select one
446	447		written ballot at a time and call the member of the court's name
447	448		and the vote that the member of the court recorded. At the
448	449		conclusion of reading all members of the court's votes, the clerk
449	450		of the court shall announce the vote tally and then the presiding
450	451		officer shall poll the members of the court. As each member of the
451	452		court's name is called by the presiding officer, he or she shall
452	453		rise in his or her place and answer yea or nay.
453	454		Rule 21.
454	455		Witnesses.
455	456		(a) Each person appearing as a witness in the impeachment
456	457		proceeding shall be administered an oath. The presiding officer
457	458		of the court shall administer the following oath:
458	459		"I do solemnly swear or affirm that the evidence I give upon this
459	460		hearing by the Senate of Texas of impeachment charges against
460	461		Warren Kenneth Paxton, Jr., shall be the truth, the whole truth,
461	462		and nothing but the truth, so help me God."
462	463		(b) Witnesses may be examined by only one person on behalf of the
463	464		party calling them and cross-examined by only one person on
464	465		behalf of the other party.
465	466		(c) For purposes of this court of impeachment, witness
466	467		depositions shall not be taken by either party of any potential
467	468		witness. Evidence in the form of a deposition is not admissible,
468	469		unless the deposition was taken in a prior proceeding, is
469	470		authenticated, and is used solely for impeachment purposes under
470	471		Rule 613 of the Texas Rules of Evidence.
471	472		(d) No member of the court or the presiding officer of the court may
472	473		be called or volunteer as a witness unless the evidence to be
473	474		elicited is relevant, material, compelling, and not otherwise
474	475		provable. A party seeking to call a member of the court or the
475	476		presiding officer as a witness must provide notice as required
476	477		under Rule 5(e) unless the testimony is requested during the
477	478		rebuttal period, but in any event must prepare a written proffer of
478	479		evidence and testimony to be elicited. Such written proffer must
479	480		explain why the evidence is not otherwise provable. The presiding
480	481		officer shall rule on the request to call a member of the court. If
481	482		the proffer is for the presiding officer to be a witness, the Senate
482	483		Special Committee on Rules & Procedures for Court of Impeachment
483	484		shall prepare a report with recommendations that shall be presented
484	485		to members of the court. Upon review of the report, the question
485	486		shall be submitted to a vote of the majority of the members present
486	487		and eligible to serve as jurors without comment or debate.
487	488		(e) At any time, the parties, may by agreement proffer the
488	489		testimony of a member of the court or the presiding officer. Such
489	490		proffer is not admissible unless the member of the court or the
490	491		presiding officer who is the subject of the proffer, voluntarily
491	492		signs the proffer.
492	493		(f) A member of the court who is called as a witness, or whose
493	494		testimony is provided by proffer, is not subject to removal or
494	495		recusal from the court of impeachment by any party by virtue of
495	496		the fact that they are a witness.
496	497		(g) In preparation for trial, parties may contact potential
497	498		witnesses. If a potential witness voluntarily agrees, a party may
498	499		speak to a witness.
499	500		(h) If the presiding officer determines that a request by a party
500	501		under Rule 21(d) is frivolous, it shall subject the moving party
501	502		to contempt proceedings.
502	503		Rule 22.
503	504		Service of Subpoenas. The presiding officer is authorized on the
504	505		request of one of the parties or their counsel to issue subpoenas
505	506		compelling persons to attend or to produce writings or other items
506	507		before the court. Subpoenas shall be promptly served by the
507	508		bailiff, or licensed peace officers in the State of Texas on behalf
508	509		of the bailiff. Subpoenas are to be served in-person or by
509	510		certified or registered mail, but where it is impractical to secure
510	511		service in such manner, subpoenas may be served by leaving a true
511	512		copy at the usual place of business of the person to be served, by
512	513		delivering a true copy to anyone over sixteen years of age at the
513	514		person's usual place of residence, or in any other manner which will
514	515		be reasonably effective to give the person notice.
515	516		Rule 23.
516	517		Form of Subpoena.
517	518		SENATE OF TEXAS
518	519		COURT OF IMPEACHMENT
519	520		TO THE BAILIFF OF THE COURT OF IMPEACHMENT OR ANY PEACE OFFICER OF
520	521		THE STATE OF TEXAS
521	522		GREETING:
522	523		You are hereby commanded to summon
523	524		______________________________________________________________
524	525		_____________________________________________________________
525	526		to appear in person before the SENATE OF TEXAS sitting as a COURT
526	527		OF IMPEACHMENT which will meet at the SENATE CHAMBER in the
527	528		CAPITOL BUILDING in AUSTIN, TEXAS, on the ___ day of
528	529		_____________, 2023, at _____, then and there to testify and the
529	530		truth to speak on behalf of ______________________ in the cause
530	531		which is before the Court, in which the House of Representatives
531	532		has impeached Warren Kenneth Paxton, Jr., and there to remain
532	533		from day to day until discharged by the Court.
533	534		Said witness is further commanded to produce at the said time and
534	535		place the following books, papers, documents or other tangible
535	536		things as described below:
536	537		______________________________________________________________
537	538		________________________. Herein fail not, but have you this
538	539		writ in due time before the Court with your return thereon,
539	540		showing how you have executed the same. Issued and given under my
540	541		hand this ____ day of ______________, 2023.
541	542		________________________________
542	543		Dan Patrick
543	544		President of the Senate and
544	545		Presiding Officer of the Court of Impeachment
545	546		________________________________
546	547		Clerk of the Court
547	548		OFFICER'S RETURN ON SUBPOENA
548	549		Came to hand on the ___ day of __________, 2023, at _____, and
549	550		executed on the ___ day of ____________, 2023, at ______, by
550	551		delivering a true copy of this subpoena to
551	552		________________________________________________________________
552	553		________________________________________________________________
553	554		____________________________ the within named witness, at
554	555		______________________________________________________ in
555	556		____________ County, Texas.
556	557		____________________________
557	558		Bailiff or any Peace Officer of the State of Texas
558	559		Rule 24.
559	560		The Rule.
560	561		(a) Witnesses who are present at trial are to be sworn and placed in
561	562		the custody of the bailiff and removed from the Senate Chamber to a
562	563		place where they cannot hear the testimony of other witnesses. This
563	564		is termed placing witnesses under the Rule. If they are not reached
564	565		to testify on that day, they will be excused until the next court
565	566		date and shall be admonished on the Rule. All witnesses listed
566	567		under Rule 5(e), shall be instructed of Rule 24 prior to
567	568		commencement of the court of impeachment trial.
568	569		(b) Members of the court, the presiding officer of the court,
569	570		parties, and their counsel are excused from the Rule. The court by
570	571		vote of the majority of members present and eligible to serve as
571	572		jurors without debate or comment may excuse other witnesses from
572	573		the Rule.
573	574		(c) No witness under the Rule may be allowed to hear any testimony
574	575		of other witnesses.
575	576		(d) Witnesses under the Rule must be instructed by the presiding
576	577		officer that they are not to converse with each other or with any
577	578		other person, except counsel for the parties concerning the
578	579		proceedings before the court, and are not to read any report, watch
579	580		any livestream or broadcast of the proceedings, including news
580	581		reports or social media of, or comment on testimony before the
581	582		court. A witness violating such instructions may be punished for
582	583		contempt.
583	584		Rule 25.
584	585		Burden of Proof. The burden of proof is beyond a reasonable doubt
585	586		and is put upon the House Board of Managers who are entitled to open
586	587		and conclude the presentation of evidence and argument in the case.
587	588		Rule 26.
588	589		Orders and Decisions of the Court. All orders and decisions of the
589	590		court shall be made and had by yeas and nays, which shall be entered
590	591		on the record, and without debate or comment, except when the doors
591	592		shall be closed for deliberation.
592	593		Rule 27.
593	594		Court Deliberation After Final Argument. After conclusion of
594	595		argument, the court shall deliberate on the articles of
595	596		impeachment. The deliberation is in closed session. Before
596	597		deliberation commences, the presiding officer shall read the
597	598		following to members of the court:
598	599		"Sustaining an article of impeachment means that the impeached
599	600		officer is removed from office for the term the officer was last
600	601		elected. You are instructed that the rules adopted by the court of
601	602		impeachment establish that the burden of proof rests on the House
602	603		Board of Managers to prove an article of impeachment beyond a
603	604		reasonable doubt. You are to determine if the allegation in each
604	605		article presented to you has been proven beyond a reasonable doubt,
605	606		and if so, shall the article of impeachment be sustained which
606	607		would result in removal of office. The final question to be put to
607	608		you after each article is: "Shall this article of impeachment be
608	609		sustained?"
609	610		Rule 28.
610	611		Submission of the Final Question. An article of impeachment is not
611	612		divisible. Voting occurs separately on each article. After an
612	613		article has been read, the final question is put: "Shall this
613	614		article of impeachment be sustained?", and each member of the court
614	615		shall be provided a voting form and shall submit a written vote on
615	616		the article of impeachment to the clerk of the court to be entered
616	617		in the record. Immediately after collection of the written votes by
617	618		the bailiff, the clerk of the court shall randomly select one
618	619		written ballot at a time and call the member of the court's name and
619	620		the vote that the member of the court recorded. At the conclusion of
620	621		reading all members of the court's votes, the clerk of the court
621	622		shall announce the vote tally and then the presiding officer shall
622	623		poll the members of the court. As each member of the court's name is
623	624		called by the presiding officer, he or she shall rise in his or her
624	625		place and answer yea or nay. If an article of impeachment is not
625	626		sustained by the votes of the members of the court present, a
626	627		finding of acquittal is entered as to that article. If an article of
627	628		impeachment is sustained by the votes of two-thirds of the members
628	629		present, a finding of conviction is entered as to that article. The
629	630		vote by which an article of impeachment is sustained or rejected
630	631		shall not be reconsidered.
631	632		Rule 29.
632	633		Judgment of Acquittal. If no article of impeachment is sustained, a
633	634		judgment of acquittal is entered. The presiding officer of the
634	635		court shall prepare a final judgment disposing of all issues in
635	636		accordance with the decisions of the court. The judgment is entered
636	637		in the record of the court and a certified copy is deposited in the
637	638		office of the Texas Secretary of State.
638	639		Rule 30.
639	640		Judgment of Conviction.
640	641		(a) If any article of impeachment is sustained, the presiding
641	642		officer of the court shall prepare a final judgment disposing of
642	643		all issues in accordance with the decisions of the court. Upon
643	644		motion by the House Board of Managers to extend the judgment to
644	645		include disqualification from holding any office of honor, trust,
645	646		or profit under this State, counsel for each party may present
646	647		arguments. Upon conclusion of the arguments, the question is put:
647	648		"Shall judgment extend to disqualification from holding any office
648	649		of honor, trust, or profit under this State?", and each member of
649	650		the court, as his or her name is called, shall rise in his or her
650	651		place and answer yea or nay, which vote shall be entered on the
651	652		record. The motion shall be adopted if approved by two-thirds of
652	653		the members of the court present. Upon pronouncement of judgment by
653	654		the court, a certified copy of the judgment is to be deposited in
654	655		the office of the Texas Secretary of State. The judgment must
655	656		extend to removal from office and may extend to disqualification
656	657		from holding any office of honor, trust, or profit under this
657	658		State.
658	659		(b) Upon final judgment of either acquittal or conviction of
659	660		Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XV, XVI, XVII,
660	661		XVIII, XIX, and XX, any member of the court may make a motion for
661	662		dismissal of the remaining articles of impeachment held in
662	663		abeyance. The motion shall be adopted only if approved by a
663	664		majority of the members of the court present. If adopted, a
664	665		dismissal in this context does not constitute an acquittal of any
665	666		charge contained in the articles of impeachment but would
666	667		constitute a final decision by the Senate on the articles of
667	668		impeachment and the impeachment would no longer be pending for
668	669		purposes of Article 15, Section 5, of the Texas Constitution and
669	670		the court of impeachment would dissolve upon further motion to
670	671		adjourn sine die. If it is not adopted, the date for further
671	672		proceedings shall then be set by the presiding officer for a time
672	673		certain in the future.
673	674		Rule 31.
674	675		Conflict. A member of the court who is the spouse of a party to the
675	676		court of impeachment is considered to have a conflict pursuant to
676	677		Article III, Section 22, of the Texas Constitution. Such member of
677	678		the court shall be seated in the court of impeachment pursuant to
678	679		Article 15 of the Texas Constitution. However, such member of the
679	680		court shall not be eligible to vote on any matter, motion, or
680	681		question, or participate in closed sessions or deliberations.
681	682		Notwithstanding any other rule, a member of the court who is the
682	683		spouse of a party to the court of impeachment shall be considered
683	684		present and eligible only for the purpose of calculating the number
684	685		of votes required for any and all matters, motions, and questions
685	686		under these rules.
686		-	_______________________________
687		-	President of the Senate
688		-	I hereby certify that the
689		-	above Resolution was adopted by
690		-	the Senate on June 21, 2023, by the
691		-	following vote: Yeas 25, Nays 3.
692		-	_______________________________
693		-	Secretary of the Senate