BILL ANALYSIS Senate Research Center S.J.R. 68 89R3339 BEF-D By: Birdwell State Affairs 4/1/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Impeachment is neither a criminal nor a civil proceeding, but rather a delicate combination of the two. The powers relating to impeachment are a vital check in the balances between the branches of government and are essential in keeping the sovereignty of our state and nation. According to Ferguson v. Maddox, "the primary purpose of an impeachment is to protect the state, not punish the offender." Under Texas law, there are two types of impeachment: constitutional and statutory. Constitutional impeachment, Article 15 of the Texas Constitution, applies to statewide elected officials, but Article 15 provides little to no procedural guidelines on the impeachment process. Statutory impeachment, Government Code Chapter 665, applies to all other elected officials in the state. While Chapter 665 provides extensive guidelines for the impeachment process, these provisions not only need improvement, but they do not apply to Constitutional impeachments. The depth of clarity in statutory impeachment proceedings and guidelines demonstrates the need for similar guidelines for constitutional impeachments. This lack of clarity was evidenced during the entire impeachment process of Attorney General Paxton and shed light on insufficiencies within Constitutional impeachments. To align current law with this sentiment and address the insufficiencies identified in 2023, changes need to be made to the Texas Constitution and related statutes. S.J.R. 68 seeks to address insufficiencies in the impeachment process. S.B. 2051 is the enabling language to S.J.R. 68. S.J.R. 68 proposes a constitutional amendment to clarify and implement certain provisions governing the impeachment, trial, removal from office, and disqualification of public officers. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5, Article XV, Texas Constitution, as follows: Sec 5. (a) Creates this subsection from existing text. Requires all officers against whom articles of impeachment may be preferred to be suspended from the exercise of the duties of their offices, with ordinary pay, during the pendency of such impeachment. Makes a nonsubstantive change. (b) Creates this subsection from existing text. Authorizes the Governor to make a provisional appointment to fill the vacancy occasioned by the suspension of an officer, other than the Governor, until the decision on the impeachment. Makes a nonsubstantive change. (c) Provides that Section 16 (Lieutenant Governor), Article IV (Executive Department), of this Constitution applies to a vacancy occasioned by the suspension of the Governor on impeachment or by the removal of the Governor from office. SECTION 2. Amends Section 7, Article XV, Texas Constitution, as follows: Sec. 7. (a) Creates this subsection from existing text and makes no further changes. (b) Authorizes the Legislature to enact general laws, consistent with this Constitution, to implement Article XV (Impeachment) or another provision of this Constitution providing for the impeachment, trial, removal from office, or disqualification of an officer of this State. SECTION 3. Requires that the proposed constitutional amendment be submitted to the voters at an election to be held November 4, 2025. Sets forth the required language of the ballot.
BILL ANALYSIS
Senate Research Center S.J.R. 68
89R3339 BEF-D By: Birdwell
State Affairs
4/1/2025
As Filed
Senate Research Center
S.J.R. 68
89R3339 BEF-D
By: Birdwell
State Affairs
4/1/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Impeachment is neither a criminal nor a civil proceeding, but rather a delicate combination of the two. The powers relating to impeachment are a vital check in the balances between the branches of government and are essential in keeping the sovereignty of our state and nation. According to Ferguson v. Maddox, "the primary purpose of an impeachment is to protect the state, not punish the offender." Under Texas law, there are two types of impeachment: constitutional and statutory. Constitutional impeachment, Article 15 of the Texas Constitution, applies to statewide elected officials, but Article 15 provides little to no procedural guidelines on the impeachment process. Statutory impeachment, Government Code Chapter 665, applies to all other elected officials in the state. While Chapter 665 provides extensive guidelines for the impeachment process, these provisions not only need improvement, but they do not apply to Constitutional impeachments. The depth of clarity in statutory impeachment proceedings and guidelines demonstrates the need for similar guidelines for constitutional impeachments.
This lack of clarity was evidenced during the entire impeachment process of Attorney General Paxton and shed light on insufficiencies within Constitutional impeachments. To align current law with this sentiment and address the insufficiencies identified in 2023, changes need to be made to the Texas Constitution and related statutes.
S.J.R. 68 seeks to address insufficiencies in the impeachment process.
S.B. 2051 is the enabling language to S.J.R. 68.
S.J.R. 68 proposes a constitutional amendment to clarify and implement certain provisions governing the impeachment, trial, removal from office, and disqualification of public officers.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 5, Article XV, Texas Constitution, as follows:
Sec 5. (a) Creates this subsection from existing text. Requires all officers against whom articles of impeachment may be preferred to be suspended from the exercise of the duties of their offices, with ordinary pay, during the pendency of such impeachment. Makes a nonsubstantive change.
(b) Creates this subsection from existing text. Authorizes the Governor to make a provisional appointment to fill the vacancy occasioned by the suspension of an officer, other than the Governor, until the decision on the impeachment. Makes a nonsubstantive change.
(c) Provides that Section 16 (Lieutenant Governor), Article IV (Executive Department), of this Constitution applies to a vacancy occasioned by the suspension of the Governor on impeachment or by the removal of the Governor from office.
SECTION 2. Amends Section 7, Article XV, Texas Constitution, as follows:
Sec. 7. (a) Creates this subsection from existing text and makes no further changes.
(b) Authorizes the Legislature to enact general laws, consistent with this Constitution, to implement Article XV (Impeachment) or another provision of this Constitution providing for the impeachment, trial, removal from office, or disqualification of an officer of this State.
SECTION 3. Requires that the proposed constitutional amendment be submitted to the voters at an election to be held November 4, 2025. Sets forth the required language of the ballot.