Eleanor Finch
The Texas Constitution grants the power of impeachment to the House of Representatives, which can suspend a governor or other impeachable official by a majority vote. The Senate then sits as a Court of Impeachment to determine the verdict, with the Lieutenant Governor presiding. Impeachment in Texas is a mechanism to hold high-ranking officials accountable for misconduct, and it has been used in notable cases such as the 1917 impeachment of Governor James Pa Ferguson.
| Characteristics | Values |
|---|---|
| Who holds the power of impeachment | The House of Representatives |
| Who tries impeachment of the Governor, Lieutenant Governor, Attorney General, Land Commissioner, Comptroller and Judges | The State Senate |
| Who tries impeachment of Judges of the Supreme Court, Court of Appeals and District Court | The Senate |
| Who can be impeached | Both elected and non-elected officials |
| What is the required vote for impeachment | Majority vote |
| What is the required vote for conviction | 2/3 of senators |
| What is the result of conviction | Removal from office and disqualification from holding any office of honor, trust or profit in Texas. The convicted party is also subject to indictment, trial and punishment according to law. |
| Who can remove judges | The Governor with 2/3 consent from each chamber of the Texas State Legislature |
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What You'll Learn
The power of impeachment is vested in the House of Representatives
The power of impeachment in Texas is vested in the House of Representatives, as outlined in Article 15, Section 1 of the state constitution. This means that the Texas House of Representatives has the authority to initiate impeachment proceedings against public officials, including elected and non-elected officials. The process typically begins with a majority vote in the House of Representatives in favour of impeachment. This vote is similar to an indictment in a criminal court.
Once the House of Representatives has impeached an official, the official is immediately suspended from their office or position. This is a key difference from the federal impeachment process, where the president retains power until convicted by the Senate. In Texas, the state Senate then sits as a "Court of Impeachment" to determine the outcome of the case. Senators are required to take an oath of impartiality and must concur with a two-thirds majority to convict the impeached official.
The House of Representatives' power of impeachment serves as a check on executive and judicial authority, ensuring that public officials can be held accountable for misconduct, corruption, or abuse of power. It is a significant tool for the state legislature to address official delinquencies or maladministration. The process of impeachment in Texas has been utilised in the past, such as in the case of Governor James "Pa" Ferguson, who was impeached by the Texas House in 1917.
The power of impeachment vested in the Texas House of Representatives demonstrates the state's commitment to upholding the principles of accountability and integrity among its public officials. It provides a mechanism to address wrongdoing and maintain the public's trust in their government.
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Impeachment of the Governor, Lieutenant Governor, Attorney General, etc
The Texas Constitution grants the power of impeachment to the Texas House of Representatives. The House can suspend a governor or any other impeachable official by a majority vote. However, the impeachment process in Texas differs from the federal process in that an official is immediately suspended from office upon impeachment by the House, without waiting for conviction by the Senate.
The Texas Constitution does not specify or restrict the officers subject to impeachment. However, Article 15, Section 1 of the state constitution, also known as Article XV, states that the power of impeachment is vested in the House of Representatives.
Article 15, Section 2, outlines the impeachment process for specific officers, including the Governor, Lieutenant Governor, Attorney General, Land Commissioner, Comptroller, and Judges. These impeachments are tried by the State Senate, which sits as a "Court of Impeachment." This process requires the Senators to be under oath, and a conviction requires the concurrence of two-thirds of the Senators present.
The Governor also has the power to remove judges for wilful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable causes. However, these causes for removal are not considered sufficient grounds for impeachment.
The impeachment process in Texas serves as a check on executive and judicial authority, ensuring that high-ranking officials are held accountable for misconduct, corruption, or abuse of power.
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Judgement in cases of impeachment
In Texas, impeachment begins in the state House of Representatives, which must cast a majority vote in favor 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.
Article 15, Section 3 of the Texas Constitution states that when the Senate is sitting as a Court of Impeachment, the Senators shall be under oath or affirmation to try the impeached party impartially, 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 causes. However, these causes are not sufficient grounds for impeachment. The Governor requires two-thirds consent from each chamber of the Texas State Legislature to remove a judge. The cause for removal must be stated and entered into the journals of each House, and the judge must be notified and allowed to present a defence before any vote for removal is passed.
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The Senate meets as a Court of Impeachment
In Texas, impeachment is a constitutional mechanism that allows the Texas Legislature to hold high-ranking officials accountable for misconduct, corruption, or abuse of power. The Texas Constitution does not identify or limit the officers subject to impeachment.
The Texas House of Representatives holds the power of impeachment. By a majority vote, the legislators can impeach an official, which is comparable to an indictment in a criminal court. Once the House prefers articles of impeachment against an individual, the Senate meets as a Court of Impeachment to try the individual.
The Senate has the power to send for persons, papers, books, and other documents. Senators shall be on oath or affirmation to try the impeached party impartially, and no person shall be convicted without the concurrence of two-thirds of the Senators present. The Senate may continue in session as a court of impeachment beyond the end of the session for legislative purposes or may adjourn as a court of impeachment to a day and time set by the Senate.
The judgment in cases of impeachment shall extend only to removal from office and disqualification from holding any office of honour, trust, or profit under the State. However, the parties convicted shall still be subject to indictment, trial, and punishment according to law.
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The Governor can remove judges
In Texas, the power of impeachment is vested in the House of Representatives. The state constitution gives the House the authority to initiate impeachment proceedings against public officials, including the Governor, Lieutenant Governor, Attorney General, Land Commissioner, Comptroller, and Judges.
Once the House of Representatives has impeached an official, the state Senate then sits as a "Court of Impeachment" to determine the official's fate. The Senate has the power to remove the impeached official from office and disqualify them from holding future offices. This process applies to judges, who can be impeached and removed from office through a collaboration of the House of Representatives and the Senate.
However, it is important to note that the Governor of Texas also has the power to remove judges under certain circumstances. According to Section 8 of the Texas Constitution, the Governor can remove judges of the Supreme Court, Court of Appeals, and District Courts for "wilful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable cause." This power is separate from impeachment and does not require the involvement of the House of Representatives or the Senate.
The Governor's authority to remove judges is subject to specific conditions. Firstly, the Governor must have the consent of two-thirds of each chamber of the Texas State Legislature. Additionally, the cause for removal must be stated and entered into the journals of each house. The judge in question is also entitled to a hearing to defend themselves before any vote for removal is passed.
In summary, while the House of Representatives and the Senate have the power of impeachment over judges in Texas, the Governor also possesses the separate authority to remove judges under certain circumstances, provided that specific procedural requirements are met. This dual mechanism allows for accountability and the removal of judges who are deemed unfit to serve.
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Frequently asked questions
The Texas House of Representatives holds the power of impeachment.
The official is immediately suspended from office, and 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.
When the Senate is sitting as a Court of Impeachment, the Senators shall be on oath or affirmation to try the party impeached impartially, and no person shall be convicted without the concurrence of two-thirds of the Senators present.
