88S40018 BEF-F
By: Clardy H.J.R. No. 8
A JOINT RESOLUTION
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.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article XV, Texas Constitution, is
amended to read as follows:
Sec. 1. (a) The power of impeachment shall be vested in the
House of Representatives.
(b) When exercising the power of impeachment, the House of
Representatives must:
(1) conduct a thorough, even-handed investigation of
all articles of impeachment;
(2) ensure all testimony presented to and considered
by the House of Representatives is provided under oath;
(3) provide any officer against whom articles of
impeachment may be preferred and the officer's legal counsel the
opportunity to:
(A) be present during all hearings before the
House of Representatives and committees of the House of
Representatives; and
(B) examine the witnesses and evidence against
the officer; and
(4) provide the members of the House of
Representatives at least 14 calendar days to review all records
pertaining to articles of impeachment before voting on the articles
of impeachment.
SECTION 2. Section 5, Article XV, Texas Constitution, is
amended to read as follows:
Sec. 5. All officers against whom articles of impeachment
may be preferred shall be suspended, with pay, from the exercise of
the duties of their office[,] during the pendency of such
impeachment. The Governor may make a provisional appointment to
fill the vacancy[,] occasioned by the suspension of an officer
until the decision on the impeachment.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 88th Legislature,
4th Called Session, 2023, 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.
(b) The amendments to Sections 1 and 5, Article XV, of this
constitution take effect January 1, 2025, and apply only to an
impeachment that is subject to a vote by the House of
Representatives on the question of impeachment on or after that
date.
(c) This temporary provision expires January 1, 2026.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2024.
The ballot shall be printed to permit voting for or against the
proposition: "The 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."