Texas 2023 - 88th 3rd C.S.

Texas House Bill HJR8 Compare Versions

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Old	New	Differences
1	1	88S30780 BEF-F
2	2	By: Clardy H.J.R. No. 8
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4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment providing requirements for
7	7	the exercise of the power of impeachment by the House of
8	8	Representatives and providing that officers against whom articles
9	9	of impeachment are preferred receive pay during the pendency of
10	10	impeachment proceedings.
11	11	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1, Article XV, Texas Constitution, is
13	13	amended to read as follows:
14	14	Sec. 1. (a) The power of impeachment shall be vested in the
15	15	House of Representatives.
16	16	(b) When exercising the power of impeachment, the House of
17	17	Representatives must:
18	18	(1) conduct a thorough, even-handed investigation of
19	19	all articles of impeachment;
20	20	(2) ensure all testimony presented to and considered
21	21	by the House of Representatives is provided under oath;
22	22	(3) provide any officer against whom articles of
23	23	impeachment may be preferred and the officer's legal counsel the
24	24	opportunity to:
25	25	(A) be present during all hearings before the
26	26	House of Representatives and committees of the House of
27	27	Representatives; and
28	28	(B) examine the witnesses and evidence against
29	29	the officer; and
30	30	(4) provide the members of the House of
31	31	Representatives at least 14 calendar days to review all records
32	32	pertaining to articles of impeachment before voting on the articles
33	33	of impeachment.
34	34	SECTION 2. Section 5, Article XV, Texas Constitution, is
35	35	amended to read as follows:
36	36	Sec. 5. All officers against whom articles of impeachment
37	37	may be preferred shall be suspended, with pay, from the exercise of
38	38	the duties of their office[,] during the pendency of such
39	39	impeachment. The Governor may make a provisional appointment to
40	40	fill the vacancy[,] occasioned by the suspension of an officer
41	41	until the decision on the impeachment.
42	42	SECTION 3. The following temporary provision is added to
43	43	the Texas Constitution:
44	44	TEMPORARY PROVISION. (a) This temporary provision applies
45	45	to the constitutional amendment proposed by the 88th Legislature,
46	46	3rd Called Session, 2023, providing requirements for the exercise
47	47	of the power of impeachment by the House of Representatives and
48	48	providing that officers against whom articles of impeachment are
49	49	preferred receive pay during the pendency of impeachment
50	50	proceedings.
51	51	(b) The amendments to Sections 1 and 5, Article XV, of this
52	52	constitution take effect January 1, 2025, and apply only to an
53	53	impeachment that is subject to a vote by the House of
54	54	Representatives on the question of impeachment on or after that
55	55	date.
56	56	(c) This temporary provision expires January 1, 2026.
57	57	SECTION 4. This proposed constitutional amendment shall be
58	58	submitted to the voters at an election to be held November 5, 2024.
59	59	The ballot shall be printed to permit voting for or against the
60	60	proposition: "The constitutional amendment providing requirements
61	61	for the exercise of the power of impeachment by the House of
62	62	Representatives and providing that officers against whom articles
63	63	of impeachment are preferred receive pay during the pendency of
64	64	impeachment proceedings."