Bill Text: TX HJR8 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Proposing a constitutional amendment providing 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-11-09 - Filed [HJR8 Detail]
Download: Texas-2023-HJR8-Introduced.html
88S40018 BEF-F | ||
By: Clardy | H.J.R. No. 8 |
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proposing a constitutional amendment providing 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 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 shall be vested in the | ||
House of Representatives. | ||
(b) When exercising the power of impeachment, the House of | ||
Representatives 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; 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. Section 5, Article XV, Texas Constitution, is | ||
amended to read as follows: | ||
Sec. 5. All officers against whom articles of impeachment | ||
may be preferred shall be suspended, with pay, from the exercise of | ||
the duties of their office[ |
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impeachment. The Governor may make a provisional appointment to | ||
fill the vacancy[ |
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until the decision on the impeachment. | ||
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 88th Legislature, | ||
4th Called Session, 2023, providing 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. | ||
(b) The amendments to Sections 1 and 5, Article XV, of this | ||
constitution take effect January 1, 2025, and apply only to an | ||
impeachment that is subject to a vote by the House of | ||
Representatives on the question of impeachment on or after that | ||
date. | ||
(c) This temporary provision expires January 1, 2026. | ||
SECTION 4. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 5, 2024. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment providing 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." |