By: Smithee H.B. No. 5020
A BILL TO BE ENTITLED
AN ACT
relating to 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 ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 665.004, Government Code, is amended to
read as follows:
Sec. 665.005. POWERS OF HOUSE DURING IMPEACHMENT
PROCEEDING. (a) When conducting an impeachment proceeding, the
house or a house committee may:
(1) send for persons or papers;
(2) compel the giving of testimony; and
(3) punish for contempt to the same extent as a
district court of this state.
(b) When exercising the power of impeachment, the house or a
house committee 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 in a hearing before the House of Representatives that
shall take place at least seven days after all evidence and witness
testimony transcripts have been provided to 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. Subchapter D, Chapter 665, Government Code, is
amended by adding Section 665.082 to read as follows:
Sec. 665.082. PAY DURING SUSPENSION. The suspension
provided by Article XV, Sec. 5 of the Texas Constitution shall be
suspension with pay.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.