Relating to the impeachment or removal from office of certain public officers, including procedures governing the impeachment, trial on impeachment, and disqualification of state officers, and to the grounds for which certain public officers may be removed from office.

89(R) SB 2051 - Engrossed version - Bill Text

By: Birdwell, et al.

S.B. No. 2051

A BILL TO BE ENTITLED

AN ACT

relating to the impeachment or removal from office of certain

public officers, including procedures governing the impeachment,

trial on impeachment, and disqualification of state officers, and

to the grounds for which certain public officers may be removed from

office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 665, Government Code, is

amended by adding Sections 665.008, 665.009, 665.010, and 665.011

to read as follows:

Sec.

665.008.

TESTIMONY IN IMPEACHMENT PROCEEDING. (a) All

witness testimony in an impeachment proceeding, including

testimony by the officer who is the subject of the proceeding, must

be given:

(1) under oath; and

(2)

in a session open to all members of the house or,

if the proceeding is conducted by a committee, to all members of the

committee.

(b)

The presiding officer of a committee that conducts an

investigation in an impeachment proceeding shall allow, but may not

require, the officer who is the subject of the proceeding to testify

before the committee in the officer's defense and have legal

counsel present during the officer's testimony.

This subsection

may not be construed to allow the officer who is the subject of an

impeachment proceeding to cross-examine other witnesses in the

impeachment proceeding.

Sec.

665.009.

REVIEW OF COMMITTEE MATERIALS. (a)

This

section applies to an impeachment proceeding in which an

investigation or other portion of the proceeding is conducted by a

committee.

(b)

The committee must provide to each member of the house

the committee's report and other materials related to the

impeachment at least 72 hours before the house begins deliberating

on the impeachment.

(c)

To allow members of the house an opportunity to review

the committee's report and other materials related to the

impeachment, the house may not vote on the impeachment during the 72

hours after the conclusion of the house's deliberations on the

impeachment.

Sec.

665.010.

INELIGIBILITY TO VOTE IN PROCEEDING INVOLVING

FAMILY MEMBER.

A member of the house is ineligible to vote in an

impeachment proceeding, including in a portion of the proceeding

conducted by a committee, if the member is:

(1)

related within the third degree by consanguinity

or affinity as determined under Subchapter B, Chapter 573, to the

officer who is the subject of the proceeding; or

(2)

the former spouse of the officer who is the subject

of the proceeding.

Sec.

665.011.

REPORT OF COSTS OF IMPEACHMENT PROCEEDING.

(a)

The house shall keep an accounting of all costs incurred by the

house in connection with an impeachment proceeding, including

investigative costs and costs incurred during the trial by the

senate, if applicable.

(b)

Not later than the 60th day after the conclusion of an

impeachment proceeding by the house, the house shall deliver a

report of the costs described by Subsection (a) incurred in

connection with the proceedings to the comptroller, lieutenant

governor, speaker of the house, Legislative Budget Board, chair of

the senate committee on finance, and chair of the house committee on

appropriations. If the senate conducts a trial on the impeachment,

the house shall update the report to include the additional costs

incurred by the house during the trial and deliver the updated

report to those entities not later than the 60th day after the

conclusion of the trial.

SECTION 2. Subchapter B, Chapter 665, Government Code, is

amended by adding Sections 665.029, 665.030, 665.031, and 665.032

to read as follows:

Sec.

665.029.

PRESIDING OFFICER IN TRIAL OF GOVERNOR OR

LIEUTENANT GOVERNOR. The presiding officer for the court of

impeachment in a trial of the governor or lieutenant governor is:

(1) the chief justice of the Supreme Court of Texas;

(2)

if the chief justice of the supreme court recuses

himself or herself or is otherwise unavailable, the presiding judge

of the Court of Criminal Appeals of Texas;

(3)

if both the chief justice of the supreme court and

the presiding judge of the court of criminal appeals recuse

themselves or are otherwise unavailable, the chief justice of the

Court of Appeals for the Fifteenth Court of Appeals District; or

(4)

if the chief justice of the supreme court, the

presiding judge of the court of criminal appeals, and the chief

justice of the Fifteenth Court of Appeals each recuse themselves or

are otherwise unavailable, a current or former appellate judge

chosen by the senate from a list of five current or former appellate

judges submitted by the chief justice of the supreme court.

Sec.

665.030.

TESTIMONY IN IMPEACHMENT TRIAL. All witness

testimony in a trial on impeachment, including testimony by the

officer who is the subject of the trial, must be given:

(1) under oath; and

(2) in a session open to all members of the senate.

Sec.

665.031.

INELIGIBILITY TO VOTE IN TRIAL INVOLVING

FAMILY MEMBER.

A member of the senate is ineligible to vote on the

removal of an individual from office following impeachment or the

disqualification of an individual from holding any office of honor,

trust, or profit under this state if the member of the senate is:

(1)

related to the individual within the third degree

by consanguinity or affinity as determined under Subchapter B,

Chapter 573; or

(2) the former spouse of the individual.

Sec.

665.032.

REPORT OF COSTS OF TRIAL. (a) The senate

shall keep an accounting of all costs incurred by the senate in

connection with the trial of an impeachment, including any costs

incurred during the house impeachment proceeding.

(b)

Not later than the 60th day after the conclusion of the

trial of an impeachment, the senate shall deliver a report of all

costs described by Subsection (a) to the comptroller, lieutenant

governor, speaker of the house, Legislative Budget Board, chair of

the senate committee on finance, and chair of the house committee on

appropriations.

SECTION 3. Section 665.081, Government Code, is amended to

read as follows:

Sec. 665.081. [
NO
] REMOVAL
ONLY
FOR ACTS COMMITTED
WHILE

HOLDING
[
BEFORE ELECTION TO
] OFFICE. (a) An officer in this state

is subject to removal
[
may not be removed
] from office
only
for an

act the officer [
may have
] committed
while holding an elected or

appointed
[
before the officer's election to
] office.

(b) The prohibition against the removal from office for an

act the officer commits
while not an officeholder
[
before the

officer's election
] is covered by:

(1) Section
21.024
[
21.002
], Local Government Code,

for a mayor or alderman of a general law municipality; or

(2) Chapter 87, Local Government Code, for a county or

precinct officer.

SECTION 4. Section 21.024, Local Government Code, is

amended to read as follows:

Sec. 21.024. [
NO
] REMOVAL
ONLY FOR ACTS COMMITTED WHILE

HOLDING OFFICE
[
BEFORE ACTION
]. An officer
is subject to removal

[
may not be removed
] under this subchapter
only
for an act the

officer committed
while holding an elected or appointed
[
before

election to
] office [
if the act was a matter of public record or

otherwise known to the voters
].

SECTION 5. Section 87.001, Local Government Code, is

amended to read as follows:

Sec. 87.001. [
NO
] REMOVAL
ONLY
FOR
ACTS COMMITTED WHILE

HOLDING OFFICE
[
PRIOR ACTION
]. An officer
is subject to removal

[
may not be removed
] under this chapter
only
for an act the officer

committed
while holding an elected or appointed
[
before election

to
] office.

SECTION 6. The changes in law made by this Act apply only to

an impeachment proceeding, trial, or other removal proceeding

commenced on or after the effective date of this Act. A proceeding

or trial commenced before the effective date of this Act is governed

by the law in effect when the proceeding was commenced, and the

former law is continued in effect for that purpose.

SECTION 7. This Act takes effect January 1, 2026, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, clarifying and implementing certain

provisions governing the impeachment, trial, removal from office,

and disqualification of public officers is approved by the

voters. If that amendment is not approved by the voters, this Act

has no effect.