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In Texas, impeachment does not itself remove an official. The House brings the accusation; the Senate decides whether to convict. While the case is pending, the official is suspended from exercising the office’s duties. If the Senate does not convict, there is no impeachment judgment removing the official—but separate criminal proceedings or other lawful removal routes may still apply.
What “impeached but not removed” means in Texas
Impeachment is an accusation, not a conviction. The Texas House of Representatives has the power to impeach; the Senate conducts the trial. The Texas Legislative Reference Library explains that conviction must follow impeachment for removal to occur (Texas Legislative Reference Library’s overview).
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| Stage or outcome | Effect on the official |
|---|---|
| House adopts articles; Senate trial is pending | The official is suspended from exercising the duties of office while the impeachment is pending. The Governor may make a provisional appointment until the Senate decides the case. |
| Senate does not convict | No impeachment judgment removes the official. The Senate’s rules for the 2023 proceeding treated an article not sustained as an acquittal and provided for a judgment of acquittal if no article was sustained. |
| Senate convicts | The impeachment judgment removes the official. The Senate may also disqualify the person from holding a Texas office, under the applicable procedure. |
The suspension during a pending case is not the same as final removal. Article XV, Section 5 of the Texas Constitution says officers against whom articles are preferred “shall be suspended from the exercise of the duties of their office, during the pendency of such impeachment.” It also permits the Governor to make a provisional appointment during that period (Texas Constitution, Article XV).
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How the Senate decides whether to convict
The Senate’s conviction threshold is two-thirds of the senators present—not two-thirds of the full Senate membership. The House’s vote is not the final removal vote: conviction by the Senate is the event that produces removal through impeachment (Texas Constitution, Article XV, Section 3).
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In its rules for the 2023 Court of Impeachment, the Senate provided for articles to be decided separately and for a final judgment of acquittal if no article was sustained. Those rules describe that proceeding; they should not be assumed to dictate the wording or procedure of every future case (Texas Senate Journal, Senate Resolution 35).
Can the official keep the job after an acquittal?
An official acquitted by the Senate is not removed by an impeachment judgment. But while the case is still pending, the Constitution requires suspension from exercising the office’s duties. The constitutional text establishes that suspension and the possibility of a provisional appointment; it does not set out every administrative step for reinstating the official after acquittal. The practical effect after a decision can therefore depend on the office and the applicable procedures.
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What impeachment does—and does not—settle
The Constitution limits the judgment in an impeachment case to removal from office and disqualification from holding an office of honor, trust, or profit under Texas. It also says that a person convicted on impeachment remains subject to indictment, trial, and punishment under ordinary law. An impeachment acquittal therefore does not, by itself, decide a separate criminal case (Texas Constitution, Article XV, Sections 3–4).
Disqualification is distinct from removal. The Constitution allows it as an impeachment judgment; under the rules adopted for the 2023 Senate proceeding, a motion to extend a conviction judgment to disqualification was considered separately and required two-thirds of senators present. That is the procedure specified for that proceeding, not a universal rule for every future trial (Texas Senate Journal, Senate Resolution 35).
Impeachment is also a cumulative remedy under Texas law. Other removal mechanisms may be available for particular offices or circumstances, so an impeachment acquittal does not rule out every other lawful route (Texas Government Code, Chapter 665).
Which Texas officials follow this process?
Article XV names the Governor, Lieutenant Governor, Attorney General, Commissioner of the General Land Office, Comptroller, and justices or judges of specified state courts for trial by the Senate. Government Code Chapter 665 also describes categories of state officials who may be removed by impeachment, including certain department or institution heads and members, regents, trustees, or commissioners involved in managing state institutions or enterprises (Texas Government Code, Chapter 665).
Do not assume that every municipal, county, or state official follows the same process. The relevant rules depend on the office and the law that applies to it.
The 2023 Paxton proceeding as a procedural example
The Texas Senate’s official record says the House adopted 20 articles of impeachment against Attorney General Ken Paxton on May 27, 2023. The Senate then acted as the Court of Impeachment under the rules adopted for that case (Texas State Senate, Senate Court of Impeachment). The proceeding illustrates the distinction between House impeachment and a Senate verdict; it does not determine the process for every office or future case.
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