By: Birdwell, Hall S.B. No. 2051
(In the Senate - Filed March 7, 2025; March 17, 2025, read
first time and referred to Committee on State Affairs;
April 14, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 14, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2051 By: Birdwell
A BILL TO BE ENTITLED
AN ACT
relating to the impeachment or removal from office of certain
public officers, including procedures governing the impeachment,
trial on impeachment, and disqualification of state officers, and
to the grounds for which certain public officers may be removed from
office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 665, Government Code, is
amended by adding Sections 665.008, 665.009, 665.010, and 665.011
to read as follows:
Sec. 665.008. TESTIMONY IN IMPEACHMENT PROCEEDING. (a) All
witness testimony in an impeachment proceeding, including
testimony by the officer who is the subject of the proceeding, must
be given:
(1) under oath; and
(2) in a session open to all members of the house or,
if the proceeding is conducted by a committee, to all members of the
committee.
(b) The presiding officer of a committee that conducts an
investigation in an impeachment proceeding shall allow, but may not
require, the officer who is the subject of the proceeding to testify
before the committee in the officer's defense and have legal
counsel present during the officer's testimony. This subsection
may not be construed to allow the officer who is the subject of an
impeachment proceeding to cross-examine other witnesses in the
impeachment proceeding.
Sec. 665.009. REVIEW OF COMMITTEE MATERIALS. (a) This
section applies to an impeachment proceeding in which an
investigation or other portion of the proceeding is conducted by a
committee.
(b) The committee must provide to each member of the house
the committee's report and other materials related to the
impeachment at least 72 hours before the house begins deliberating
on the impeachment.
(c) To allow members of the house an opportunity to review
the committee's report and other materials related to the
impeachment, the house may not vote on the impeachment during the 72
hours after the conclusion of the house's deliberations on the
impeachment.
Sec. 665.010. INELIGIBILITY TO VOTE IN PROCEEDING INVOLVING
FAMILY MEMBER. A member of the house is ineligible to vote in an
impeachment proceeding, including in a portion of the proceeding
conducted by a committee, if the member is related within the third
degree by consanguinity or affinity as determined under Subchapter
B, Chapter 573, to the officer who is the subject of the proceeding.
Sec. 665.011. REPORT OF COSTS OF IMPEACHMENT PROCEEDING.
(a) The house shall keep an accounting of all costs incurred by the
house in connection with an impeachment proceeding, including
investigative costs and costs incurred during the trial by the
senate, if applicable.
(b) Not later than the 60th day after the conclusion of an
impeachment proceeding by the house, the house shall deliver a
report of the costs described by Subsection (a) incurred in
connection with the proceedings to the comptroller, lieutenant
governor, speaker of the house, Legislative Budget Board, chair of
the senate committee on finance, and chair of the house committee on
appropriations. If the senate conducts a trial on the impeachment,
the house shall update the report to include the additional costs
incurred by the house during the trial and deliver the updated
report to those entities not later than the 60th day after the
conclusion of the trial.
SECTION 2. Subchapter B, Chapter 665, Government Code, is
amended by adding Sections 665.029, 665.030, 665.031, and 665.032
to read as follows:
Sec. 665.029. PRESIDING OFFICER IN TRIAL OF GOVERNOR OR
LIEUTENANT GOVERNOR. The presiding officer for the court of
impeachment in a trial of the governor or lieutenant governor is:
(1) the chief justice of the Supreme Court of Texas;
(2) if the chief justice of the supreme court recuses
himself or herself or is otherwise unavailable, the presiding judge
of the Court of Criminal Appeals of Texas; or
(3) if both the chief justice of the supreme court and
the presiding judge of the court of criminal appeals recuse
themselves or are otherwise unavailable, a former appellate judge
described by Section 75.003(a) assigned by the chief justice of the
supreme court.
Sec. 665.030. TESTIMONY IN IMPEACHMENT TRIAL. All witness
testimony in a trial on impeachment, including testimony by the
officer who is the subject of the trial, must be given:
(1) under oath; and
(2) in a session open to all members of the senate.
Sec. 665.031. INELIGIBILITY TO VOTE IN TRIAL INVOLVING
FAMILY MEMBER. A member of the senate is ineligible to vote on the
removal of an individual from office following impeachment or the
disqualification of an individual from holding any office of honor,
trust, or profit under this state if the member of the senate is
related to the individual within the third degree by consanguinity
or affinity as determined under Subchapter B, Chapter 573.
Sec. 665.032. REPORT OF COSTS OF TRIAL. (a) The senate
shall keep an accounting of all costs incurred by the senate in
connection with the trial of an impeachment, including any costs
incurred during the house impeachment proceeding.
(b) Not later than the 60th day after the conclusion of the
trial of an impeachment, the senate shall deliver a report of all
costs described by Subsection (a) to the comptroller, lieutenant
governor, speaker of the house, Legislative Budget Board, chair of
the senate committee on finance, and chair of the house committee on
appropriations.
SECTION 3. Section 665.081, Government Code, is amended to
read as follows:
Sec. 665.081. [NO] REMOVAL ONLY FOR ACTS COMMITTED WHILE
HOLDING [BEFORE ELECTION TO] OFFICE. (a) An officer in this state
is subject to removal [may not be removed] from office only for an
act the officer [may have] committed while holding an elected or
appointed [before the officer's election to] office.
(b) The prohibition against the removal from office for an
act the officer commits while not an officeholder [before the
officer's election] is covered by:
(1) Section 21.024 [21.002], Local Government Code,
for a mayor or alderman of a general law municipality; or
(2) Chapter 87, Local Government Code, for a county or
precinct officer.
SECTION 4. Section 21.024, Local Government Code, is
amended to read as follows:
Sec. 21.024. [NO] REMOVAL ONLY FOR ACTS COMMITTED WHILE
HOLDING OFFICE [BEFORE ACTION]. An officer is subject to removal
[may not be removed] under this subchapter only for an act the
officer committed while holding an elected or appointed [before
election to] office [if the act was a matter of public record or
otherwise known to the voters].
SECTION 5. Section 87.001, Local Government Code, is
amended to read as follows:
Sec. 87.001. [NO] REMOVAL ONLY FOR ACTS COMMITTED WHILE
HOLDING OFFICE [PRIOR ACTION]. An officer is subject to removal
[may not be removed] under this chapter only for an act the officer
committed while holding an elected or appointed [before election
to] office.
SECTION 6. The changes in law made by this Act apply only to
an impeachment proceeding, trial, or other removal proceeding
commenced on or after the effective date of this Act. A proceeding
or trial commenced before the effective date of this Act is governed
by the law in effect when the proceeding was commenced, and the
former law is continued in effect for that purpose.
SECTION 7. This Act takes effect January 1, 2026, but only
if the constitutional amendment proposed by the 89th Legislature,
Regular Session, 2025, clarifying and implementing certain
provisions governing the impeachment, trial, removal from office,
and disqualification of public officers is approved by the
voters. If that amendment is not approved by the voters, this Act
has no effect.
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