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Clear out junk files and repair common Windows errorsFree Scan →Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →A Texas impeachment trial is a proceeding in which the Texas Senate decides whether to convict a state official impeached by the House. The House brings the accusation; the Senate tries it. If convicted by two-thirds of the senators present, the official may be removed and disqualified from holding state office. The proceeding is separate from any criminal case.
What impeachment means in Texas
The Texas Legislative Reference Library explains that “technically, ‘impeachment’ is merely an accusation, analogous to a criminal indictment, and must be followed by trial and conviction for removal.” In other words, a House impeachment is not itself a Senate conviction.
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Article XV of the Texas Constitution identifies the governor, lieutenant governor, attorney general, commissioner of the General Land Office, comptroller, and judges of the Supreme Court, Courts of Appeals, and District Courts among the officials whose impeachments are tried by the Senate. Texas Government Code § 665.002 also addresses state officers, heads of state departments or institutions, and certain people who manage state institutions or enterprises. See the Texas Constitution, Article XV and Government Code Chapter 665.
How a Texas impeachment trial works
1. The House investigates and impeaches
The House of Representatives holds the constitutional power of impeachment. Texas Government Code Chapter 665 treats investigating a contemplated impeachment, presenting an article, and acting on an article as parts of the proceeding. Article XV and the cited chapter do not establish a House vote threshold; a specific proceeding’s applicable House rules must be consulted rather than assuming a number.
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2. Articles are preferred and the official is suspended
When articles of impeachment are preferred against an officer, Article XV suspends that official from exercising the duties of the office while the impeachment is pending. The governor may make a provisional appointment until the Senate decides the case.
3. The Senate convenes as a court of impeachment
The Senate receives the articles and sets a time to resolve into a court of impeachment when it is in session. If the Senate is not in session, Chapter 665 provides for delivery of the articles and a sequence of officials who may proclaim a Senate meeting. When the Senate resolves into the court, it adopts procedural rules for the proceeding.
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4. Senators hear the case
Senators must swear or affirm that they will try the accused impartially. Chapter 665 authorizes the Senate to compel testimony and documents, punish contempt to the same extent as a district court, and deliberate in closed session. The adopted rules for a particular proceeding determine procedural details such as evidence and hearing schedules.
5. The Senate votes on conviction and judgment
Conviction requires the concurrence of two-thirds of the senators present. The Constitution limits the judgment to removal from office and possible disqualification from holding an office of honor, trust, or profit under Texas. A person convicted in an impeachment trial may also be indicted, tried, and punished according to law; that criminal process is separate from the Senate’s judgment.
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How impeachment differs from other Texas removal routes
Impeachment is not the only way some Texas officials can leave office involuntarily. Article XV and Chapter 665 also address removal by legislative address for certain officials, removal of district judges by the Supreme Court under stated conditions, and removal of certain gubernatorial appointees. These are distinct procedures, not Senate impeachment trials.
For removal by legislative address, the official receives notice and an opportunity for a hearing, and removal requires approval by two-thirds of each legislative chamber. The applicable route depends on the office and legal grounds; the procedures and consequences should not be conflated with impeachment.
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What the 2023 Paxton proceeding shows
The Texas Senate archive records that the House adopted 20 articles of impeachment against Attorney General Warren Kenneth Paxton, Jr. on May 27, 2023, and delivered them to the Senate on May 29. The Senate archive includes the adopted rules, trial transcripts, daily journals, and judgment.
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For that proceeding, the Senate’s adopted rules addressed motions, evidence, testimony, witnesses, opening and closing statements, and cross-examination. The Senate described the process as legislative rather than judicial, while noting that some procedures resembled those of a courtroom. Those details illustrate the 2023 case; they do not establish universal rules for every future Texas impeachment trial.
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