Simone Lawson
The Texas Constitution does not explicitly outline impeachable offences, but it does refer to impeachment in connection with criminal matters. The power of impeachment is vested in the Texas House of Representatives, which must cast a majority vote in favour of impeachment. The Texas Senate then sits as a Court of Impeachment to determine whether the official should be removed from office or prevented from holding office in the future.
| Characteristics | Values |
|---|---|
| Who can be impeached | Both elected and non-elected officials |
| Who can impeach | The Texas House of Representatives |
| Who tries the impeachment | The State Senate |
| Conviction | Requires a two-thirds majority of senators |
| Judgement | Removal from office, disqualification from holding any office of honour, trust or profit under the State, and indictment, trial and punishment according to law |
| Suspension | Officers against whom articles of impeachment are preferred are suspended from the exercise of the duties of their office during the pendency of such impeachment |
| Removal of judges | The Governor can remove judges for wilful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable cause which shall not be sufficient ground for impeachment |
| Removal of district judges | The Supreme Court may remove district judges for incompetence, partiality, oppression, official misconduct, unfitness for office, negligent failure to perform duties, or failure to execute business in their courts |
Explore related products
$29.99
What You'll Learn
Who can be impeached
The Texas Constitution's Article 15 outlines the impeachment process in the state. Both elected and non-elected officials can be impeached in Texas.
The House of Representatives has the power of impeachment. If the House adopts articles of impeachment, the State Senate must then sit as the Court of Impeachment. The Senate will adopt rules of procedure and consider the articles of impeachment.
The following officials can be impeached:
- Governor
- Lieutenant Governor
- Attorney General
- Treasurer
- Commissioner of the General Land Office
- Comptroller
- Judges of the Supreme Court, Court of Appeals and District Court
Additionally, any individual who is a member, regent, trustee, or commissioner having control or management of a state institution or enterprise may be impeached.
The Governor can remove judges for wilful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable causes. However, these are not sufficient grounds for impeachment. The Governor requires two-thirds consent from each chamber of the Texas State Legislature to remove a judge.
Continuing Education Courses: Are They Worth Your Time?
You may want to see also
Who can impeach
In Texas, impeachment is governed by Article 15 of the Texas Constitution. The power of impeachment is vested in the Texas House of Representatives, which must cast a majority vote in favour of impeachment. If the House adopts articles of impeachment, the Texas State Senate must then sit as the Court of Impeachment. The Senate may be convened in several ways, including by proclamation of the Lieutenant Governor or by proclamation in writing signed by a majority of the members of the House.
The Senate sits as a Court of Impeachment to determine whether the official should be removed from office or prevented from holding office in the future. Senators are required to be on oath during impeachment processes, and no person shall be convicted without the concurrence of two-thirds of the senators present.
The Governor of Texas can remove judges for wilful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable cause, but this is not sufficient ground for impeachment. The Governor requires two-thirds consent from each chamber of the Texas State Legislature to do so.
Both elected and non-elected officials can be impeached in Texas, including the Governor, Lieutenant Governor, Attorney General, Land Commissioner, Comptroller, and Judges.
Executive Branch Cabinet: Term Limits and Tenure Rules
You may want to see also
What happens after impeachment
The Texas Constitution, under Article 15, outlines the impeachment process for state officials. The power of impeachment is vested in the Texas House of Representatives, which must cast a majority vote in favour of impeachment. The process is similar to federal impeachment, with a few key differences.
Firstly, in Texas, the person being impeached is suspended from office immediately and replaced temporarily until the trial is complete. The Governor may make a provisional appointment to fill the vacancy. This is in contrast to the federal system, where the official remains in office until convicted by the Senate.
Secondly, the trial in Texas is conducted by the State Senate, which sits as a "Court of Impeachment". Senators act as jurors, hearing evidence, witness testimony, and legal arguments before reaching a verdict. The Senators are sworn to impartially try the impeached and must concur with a two-thirds majority to convict.
If convicted, the official is removed from office and disqualified from holding any office of honour, trust, or profit within the State. They are also subject to indictment, trial, and punishment according to the law.
The Texas Constitution also outlines the grounds for impeachment, which include wilful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable causes. The Governor can remove judges for these reasons with the consent of two-thirds of each chamber of the Texas State Legislature.
Constitution Abroad: Does It Apply?
You may want to see also
Explore related products
Impeachment and removal
The Texas Constitution does not explicitly define an impeachable offence, but it does refer to impeachment in connection with criminal matters. The impeachment process in Texas is governed by Article 15 of the state constitution.
The power of impeachment is vested in the Texas House of Representatives, which must cast a majority vote in favour of impeachment. The state Senate then sits as a "Court of Impeachment" to determine whether the official should be removed from office or prevented from holding office in the future. Senators act as jurors, hearing evidence, witness testimony, and legal arguments before reaching a verdict.
Impeachment trials in Texas are reserved for cases in which a public official has committed a criminal act. The Texas Supreme Court defined impeachment broadly in a 1924 case, stating that it was designed to reach "those in high places guilty of official delinquencies or maladministration". The wrongs justifying impeachment need not be statutory or common-law offences.
Judges of the Supreme Court, Court of Appeals, and District Courts can be removed by the governor on the address of two-thirds of each house of the Legislature for "wilful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable cause". This procedure, known as "removal by address", involves a hearing but not a full-blown trial.
The Governor, Lieutenant Governor, Attorney General, Land Commissioner, Comptroller, and Judges are tried by the State Senate. No person can be convicted without the concurrence of two-thirds of the senators present. Judgement in cases of impeachment extends only to removal from office and disqualification from holding any office of honour, trust, or profit in Texas.
Foundations of Freedom: Guarding Tyranny with the Constitution
You may want to see also
Impeachment and criminal matters
The Texas Constitution does not explicitly define impeachable offences, but it does refer to impeachment in connection with criminal matters. The Bill of Rights (Article I) mentions impeachment in a section about the rights of the accused in criminal prosecutions.
The power of impeachment is vested in the Texas House of Representatives, which must cast a majority vote in favour of impeachment. The Texas Senate then sits as a Court of Impeachment to determine whether the official should be removed from office or prevented from holding office in the future. Senators act as jurors, hearing evidence, witness testimony, and legal arguments before reaching a verdict.
Impeachment has been historically reserved for cases in which a public official committed a criminal act. The Texas Supreme Court defined impeachment broadly in a 1924 case, stating that it was designed to "reach those in high places guilty of official delinquencies or maladministration". The court also noted that the wrongs justifying impeachment need not be statutory or common-law offences.
The Texas Constitution outlines several procedures and distinctions related to impeachment. Article XV, Section 8 differentiates between impeachment and "removal by address", a process involving a hearing but not a full trial. This procedure is applicable only to judges and certain state commissioners, who can be removed for reasons of "incompetency", "habitual drunkenness", or other similar offences.
Additionally, the Governor of Texas can make provisional appointments to fill vacancies caused by the suspension of an officer during the impeachment process. The Lieutenant Governor of Texas typically presides over the impeachment trial, and the Senate must vote to convict or acquit the impeached official.
Women's Suffrage: The Original Constitution's Missing Voice
You may want to see also
Frequently asked questions
The Texas Constitution says that the following can be impeached: the Governor, Lieutenant Governor, Attorney General, Treasurer, Commissioner of the General Land Office, Comptroller, and the Judges of the Supreme Court, Court of Appeals and District Court.
The impeachment process in Texas begins with an investigation into alleged misconduct by a public official. If there is sufficient evidence, the House of Representatives votes to impeach, and the Senate sits as a Court of Impeachment to try the official.
The Texas Constitution does not explicitly describe what constitutes an impeachable offence. However, it does refer to impeachment in connection with criminal matters. For example, the Bill of Rights (Article I) mentions impeachment in a section about the rights of the accused in criminal prosecutions.
The punishment for impeachment in Texas is removal from office and disqualification from holding any office of honour, trust or profit under the State. A party convicted on impeachment will also be subject to indictment, trial and punishment according to law.
Yes, in 1917, Governor James "Pa" Ferguson was impeached and removed from office.
