Texas 2025 89th Regular

Texas House Bill HJR29 Introduced / Bill

Filed 11/12/2024

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                    89R277 TJB-D
 By: Guillen H.J.R. No. 29




 A JOINT RESOLUTION
 proposing a constitutional amendment prescribing certain
 requirements applicable to the impeachment of an officer by the
 house of representatives and repealing the requirement that an
 officer against whom articles of impeachment have been preferred be
 suspended from the exercise of the duties of office during the
 pendency of the impeachment.
 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 is [shall be] vested in
 the House of Representatives.
 (b)  The House of Representatives may not impeach an officer
 unless a committee of the House has first adopted articles of
 impeachment against the officer and filed the articles with the
 chief clerk of the House or the successor officer performing the
 chief clerk's functions.  The House of Representatives may not
 consider the articles of impeachment earlier than the 14th day
 after the date the articles are filed by the committee.
 (c)  Not later than 24 hours after the time a committee files
 articles of impeachment as provided by Subsection (b) of this
 section, the committee shall make available to each member of the
 House of Representatives each document or other item of evidence
 considered by the committee as part of the committee's
 investigation.
 (d)  A witness who testifies before a committee conducting an
 impeachment investigation or before the House of Representatives
 when conducting an impeachment proceeding must testify under oath.
 (e)  An officer who is the subject of an impeachment
 investigation or impeachment proceeding is entitled to
 cross-examine any witness testifying during the investigation or
 proceeding.
 SECTION 2.  Section 5, Article XV, Texas Constitution, is
 repealed.
 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 89th Legislature,
 Regular Session, 2025, prescribing certain requirements applicable
 to the impeachment of an officer by the house of representatives and
 repealing the requirement that an officer against whom articles of
 impeachment have been preferred be suspended from the exercise of
 the duties of office during the pendency of the impeachment.
 (b)  The amendment to Section 1, Article XV, of this
 constitution, and the repeal of Section 5, Article XV, of this
 constitution, take effect January 1, 2026, and apply only to the
 impeachment of an officer under Article XV of this constitution for
 whom the house of representatives has not preferred articles of
 impeachment on or before that date.
 (c)  This temporary provision expires January 1, 2027.
 SECTION 4.  This proposed constitutional amendment shall be
 submitted to the voters at an election to be held November 4, 2025.
 The ballot shall be printed to permit voting for or against the
 proposition: "The constitutional amendment prescribing certain
 requirements applicable to the impeachment of an officer by the
 house of representatives and repealing the requirement that an
 officer against whom articles of impeachment have been preferred be
 suspended from the exercise of the duties of office during the
 pendency of the impeachment."