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The Texas House impeaches an official; the Texas Senate tries the case as a Court of Impeachment. The Senate can convict only with the concurrence of two-thirds of the senators present. Conviction removes the official from office, and the Senate may also disqualify that person from holding future state office.
Who impeaches, and who decides the case?
The Texas Constitution assigns distinct roles: the House of Representatives impeaches, and the Senate conducts the trial. The House’s decision to impeach sends articles of impeachment to the Senate; it does not itself remove the official. The Senate decides whether the charges are sustained under the constitutional conviction threshold. Texas State Senate
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How does a Senate impeachment trial work?
The constitutional framework sets the roles, vote threshold and possible judgment. The more detailed procedures below are those adopted for the 2023 trial of Attorney General Warren Kenneth Paxton. They describe that proceeding and should not be treated as automatic rules for every future Texas impeachment trial. The Senate’s case record and the rules adopted for the Paxton proceeding are available on the Senate Court of Impeachment page and in the Senate Journal.
- The House adopts articles. In the Paxton case, the House adopted 20 articles on May 27, 2023, and delivered them to the Senate on May 29. That number belongs to this case; it is not a standard number of articles for impeachment.
- The Senate convenes as a court. The Senate has the constitutional duty to try the case. For the Paxton proceeding, it adopted special rules and convened as a Court of Impeachment on September 5, 2023.
- The court considers the charges and evidence. Under the 2023 special rules, the articles were read and the respondent could plead in person or through counsel. The parties could present evidence and witnesses. The rules set out how motions were handled, with many questions decided by votes of senators serving as jurors.
- Senators vote on each article. The 2023 rules provided for votes on the articles in open court. An article had to receive the constitutionally required two-thirds concurrence of senators present to be sustained. If no article was sustained, the rules provided for a judgment of acquittal.
- The Senate enters judgment. A conviction requires removal from office. The court may also consider disqualification from future state office, as a separate question under the 2023 rules.
What does “two-thirds of the senators present” mean?
The conviction standard is two-thirds of the senators present, according to the Texas Senate’s 2024 interim report summarizing Article XV. The number of votes needed therefore depends on how many senators are present; it is not always a fixed number of 21.
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Do not confuse that standard with the ordinary Senate quorum. The Senate’s general vote-reference page lists a quorum of 21 members for Senate business. A quorum is the number needed for the Senate to conduct business; it is not the impeachment conviction threshold. Senate vote requirements
What can the Senate impose after conviction?
Removal from office follows conviction. The Senate may also disqualify a convicted person from holding a future state “office of honor, trust or profit.” In the Paxton trial rules, disqualification was a separate vote after conviction and required approval by two-thirds of the members present. The Senate’s 2024 interim report summarizes the constitutional consequences as removal and possible disqualification.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What was public in the 2023 Paxton trial?
The Paxton special rules stated: “The sessions of the court of impeachment are to be open. Deliberations of the court are to be closed.” They also provided that no formal action could be taken in closed session and that votes would occur in open court. The rules called for public gallery access and livestreaming during open proceedings. These are details of the rules adopted for that trial, not a description of a universal timetable or procedure for every future case.
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