1 | 1 | | 89R277 TJB-D |
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2 | 2 | | By: Guillen H.J.R. No. 29 |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment prescribing certain |
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9 | 9 | | requirements applicable to the impeachment of an officer by the |
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10 | 10 | | house of representatives and repealing the requirement that an |
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11 | 11 | | officer against whom articles of impeachment have been preferred be |
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12 | 12 | | suspended from the exercise of the duties of office during the |
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13 | 13 | | pendency of the impeachment. |
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14 | 14 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Section 1, Article XV, Texas Constitution, is |
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16 | 16 | | amended to read as follows: |
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17 | 17 | | Sec. 1. (a) The power of impeachment is [shall be] vested in |
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18 | 18 | | the House of Representatives. |
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19 | 19 | | (b) The House of Representatives may not impeach an officer |
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20 | 20 | | unless a committee of the House has first adopted articles of |
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21 | 21 | | impeachment against the officer and filed the articles with the |
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22 | 22 | | chief clerk of the House or the successor officer performing the |
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23 | 23 | | chief clerk's functions. The House of Representatives may not |
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24 | 24 | | consider the articles of impeachment earlier than the 14th day |
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25 | 25 | | after the date the articles are filed by the committee. |
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26 | 26 | | (c) Not later than 24 hours after the time a committee files |
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27 | 27 | | articles of impeachment as provided by Subsection (b) of this |
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28 | 28 | | section, the committee shall make available to each member of the |
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29 | 29 | | House of Representatives each document or other item of evidence |
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30 | 30 | | considered by the committee as part of the committee's |
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31 | 31 | | investigation. |
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32 | 32 | | (d) A witness who testifies before a committee conducting an |
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33 | 33 | | impeachment investigation or before the House of Representatives |
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34 | 34 | | when conducting an impeachment proceeding must testify under oath. |
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35 | 35 | | (e) An officer who is the subject of an impeachment |
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36 | 36 | | investigation or impeachment proceeding is entitled to |
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37 | 37 | | cross-examine any witness testifying during the investigation or |
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38 | 38 | | proceeding. |
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39 | 39 | | SECTION 2. Section 5, Article XV, Texas Constitution, is |
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40 | 40 | | repealed. |
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41 | 41 | | SECTION 3. The following temporary provision is added to |
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42 | 42 | | the Texas Constitution: |
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43 | 43 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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44 | 44 | | to the constitutional amendment proposed by the 89th Legislature, |
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45 | 45 | | Regular Session, 2025, prescribing certain requirements applicable |
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46 | 46 | | to the impeachment of an officer by the house of representatives and |
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47 | 47 | | repealing the requirement that an officer against whom articles of |
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48 | 48 | | impeachment have been preferred be suspended from the exercise of |
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49 | 49 | | the duties of office during the pendency of the impeachment. |
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50 | 50 | | (b) The amendment to Section 1, Article XV, of this |
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51 | 51 | | constitution, and the repeal of Section 5, Article XV, of this |
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52 | 52 | | constitution, take effect January 1, 2026, and apply only to the |
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53 | 53 | | impeachment of an officer under Article XV of this constitution for |
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54 | 54 | | whom the house of representatives has not preferred articles of |
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55 | 55 | | impeachment on or before that date. |
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56 | 56 | | (c) This temporary provision expires January 1, 2027. |
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57 | 57 | | SECTION 4. This proposed constitutional amendment shall be |
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58 | 58 | | submitted to the voters at an election to be held November 4, 2025. |
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59 | 59 | | The ballot shall be printed to permit voting for or against the |
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60 | 60 | | proposition: "The constitutional amendment prescribing certain |
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61 | 61 | | requirements applicable to the impeachment of an officer by the |
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62 | 62 | | house of representatives and repealing the requirement that an |
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63 | 63 | | officer against whom articles of impeachment have been preferred be |
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64 | 64 | | suspended from the exercise of the duties of office during the |
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65 | 65 | | pendency of the impeachment." |
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