CHAPTER 665. IMPEACHMENT AND REMOVAL - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. STATE OFFICERS AND EMPLOYEES

CHAPTER 665. IMPEACHMENT AND REMOVAL

SUBCHAPTER A. IMPEACHMENT BY HOUSE

Sec. 665.001. IMPEACHMENT PROCEEDING. In this subchapter,

"impeachment proceeding" includes:

(1) presenting an article of impeachment;

(2) investigating a matter relating to a contemplated

impeachment; and

(3) acting on an article of impeachment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.002. INDIVIDUALS WHO MAY BE IMPEACHED. An individual

may be removed from an office or a position by impeachment in the

manner provided by the constitution and this chapter if the

individual is:

(1) a state officer;

(2) a head of a state department or state institution; or

(3) a member, regent, trustee, or commissioner having control or

management of a state institution or enterprise.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.003. IMPEACHMENT WHEN HOUSE IS IN SESSION. (a) The

house of representatives may conduct an impeachment proceeding at

a regular or called session at its pleasure without further call

or action.

(b) If the house is conducting an impeachment proceeding at the

time a session expires or ends by house or senate adjournment on

legislative matters, the house may:

(1) continue in session to conduct the impeachment proceeding;

or

(2) adjourn to a later time to conclude the impeachment

proceeding.

(c) If the house adjourns under Subsection (b)(2), it may

continue the impeachment proceeding through committees or agents.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.004. CONVENING HOUSE FOR IMPEACHMENT PURPOSES WHEN

HOUSE IS NOT IN SESSION. (a) When the house is not in session

it may be convened to conduct an impeachment proceeding:

(1) by proclamation of the governor;

(2) by proclamation of the speaker of the house if the speaker

is petitioned in writing by 50 or more members of the house; or

(3) by proclamation in writing signed by a majority of the

members of the house.

(b) Each member of the house who is in the state and accessible

must be given a copy of the proclamation in person or by

registered mail:

(1) by the speaker of the house or under the direction of the

speaker; or

(2) by the members signing the proclamation or one or more

individuals who signed the proclamation designated by the members

that signed the proclamation if the proclamation was issued under

Subsection (a)(3).

(c) The proclamation must:

(1) state in general terms the reason for convening the house;

(2) state a time for the house to convene; and

(3) be published in at least three daily newspapers of general

circulation.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.005. POWERS OF HOUSE DURING IMPEACHMENT PROCEEDING.

When conducting an impeachment proceeding, the house or a house

committee may:

(1) send for persons or papers;

(2) compel the giving of testimony; and

(3) punish for contempt to the same extent as a district court

of this state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.006. PER DIEM AND MILEAGE DURING IMPEACHMENT

PROCEEDING. (a) A member of the house is entitled to a per diem

when the house is in session for an impeachment proceeding but

not for legislative purposes.

(b) A member of a house committee is entitled to a per diem when

the committee is meeting for an impeachment proceeding and the

house is not in session.

(c) A member of the house is entitled to mileage when the house

is convened by proclamation under Section 665.004.

(d) The amount of a per diem and the mileage authorized by this

section is the same as the amounts for those items fixed for

members of the legislature when in legislative session.

(e) The house may pay agents to assist in conducting an

impeachment proceeding.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.007. CUMULATIVE REMEDY. The remedy of impeachment as

provided in this chapter is cumulative of all other remedies

regarding the impeachment or removal of public officers.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. REMOVAL AFTER IMPEACHMENT

Sec. 665.021. SENATE MEETS AS COURT OF IMPEACHMENT. If the

house prefers articles of impeachment against an individual, the

senate shall meet as a court of impeachment in a trial of the

individual in the manner provided by Article XV of the Texas

Constitution.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.022. PROCEDURE WHEN SENATE IS IN SESSION. (a) If the

senate is in a regular or called session when articles of

impeachment are preferred by the house, the senate shall receive

the articles when they are presented. The senate shall set a day

and time to resolve into a court of impeachment to consider the

articles.

(b) 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.023. PROCEDURE WHEN SENATE IS NOT IN SESSION. (a) If

the senate is not in a regular or called session when articles of

impeachment are preferred by the house, the house shall deliver

by personal messenger or certified or registered mail a certified

copy of the articles of impeachment to the governor, lieutenant

governor, and each member of the senate. A record of the

deliveries and a copy of the record shall be delivered to the

lieutenant governor and the president pro tempore of the senate.

(b) After the deliveries are made as required by Subsection (a),

the senate shall be convened to consider the articles of

impeachment:

(1) by proclamation of the governor; or

(2) if the governor fails to issue the proclamation within 10

days from the date the articles of impeachment are preferred by

the house, by proclamation of the lieutenant governor; or

(3) if the lieutenant governor fails to issue the proclamation

within 15 days from the date the articles of impeachment are

preferred by the house, by proclamation of the president pro

tempore of the senate; or

(4) if the president pro tempore of the senate fails to issue

the proclamation within 20 days from the date the articles of

impeachment are preferred by the house, by proclamation signed by

a majority of the members of the senate.

(c) A proclamation issued under Subsection (b) must:

(1) be in writing;

(2) state the purposes for which the senate is to be convened;

(3) fix a date not later than the 20th day after the date of the

issuance of the proclamation for convening the senate; and

(4) be published in at least three daily newspapers of general

circulation.

(d) A copy of the proclamation shall be sent by registered or

certified mail to each member of the senate and the lieutenant

governor.

(e) The senate shall convene on the day set in the proclamation

and receive the articles of impeachment. The senate shall then

act as a court of impeachment to consider the articles of

impeachment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.024. ADOPTION OF RULES. The senate shall adopt rules

of procedure when it resolves into a court of impeachment. After

the senate has adopted the rules it shall consider the articles

of impeachment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.025. CONVENING AND ADJOURNING SENATE. The senate may

recess or adjourn during the impeachment trial to a time to be

set by the senate. The senate may condition reconvening on the

occurrence of an event specified in the motion.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.026. ATTENDANCE OF SENATORS. Each member of the senate

shall be in attendance when the senate is meeting as a court of

impeachment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.027. POWERS OF SENATE MEETING AS A COURT OF

IMPEACHMENT. (a) The senate may:

(1) send for persons, papers, books, and other documents;

(2) compel the giving of testimony;

(3) punish for contempt to the same extent as a district court;

(4) meet in closed session for purposes of deliberation; and

(5) exercise any other power necessary to carry out its duties

under Article XV of the Texas Constitution.

(b) The senate may employ assistance to enforce and execute the

lawful orders, mandates, writs, process, and precepts of the

senate meeting as a court of impeachment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.028. PER DIEM WHILE SENATE IS MEETING AS A COURT OF

IMPEACHMENT. (a) When meeting as a court of impeachment the

members of the senate and the lieutenant governor receive the

same mileage and per diem as is provided for members of the

legislature when it is in legislative session.

(b) If the senate is not in session as a court of impeachment

for more than four consecutive days because of recess or

adjournment, the members of the senate and the lieutenant

governor are not entitled to the per diem for those days.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER C. REMOVAL BY ADDRESS

Sec. 665.051. INDIVIDUALS SUBJECT TO REMOVAL. Only the

following individuals are subject to removal from office by

address under this subchapter:

(1) a justice of the supreme court;

(2) a judge of the court of criminal appeals;

(3) a justice of a court of appeals;

(4) a judge of a district court;

(5) a judge of a criminal district court;

(6) the commissioner of agriculture;

(7) the commissioner of insurance; and

(8) the banking commissioner.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.052. CAUSES FOR REMOVAL. (a) An individual may be

removed from office by address for:

(1) wilful neglect of duty;

(2) incompetency;

(3) habitual drunkenness;

(4) oppression in office;

(5) breach of trust; or

(6) any other reasonable cause that is not a sufficient ground

for impeachment.

(b) In this section, "incompetency" means:

(1) gross ignorance of official duties;

(2) gross carelessness in the discharge of official duties; or

(3) inability or unfitness to discharge promptly and properly

official duties because of a serious physical or mental defect

that did not exist at the time of the officer's election.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.053. NOTICE AND HEARING. (a) Notice of the reason for

removal by address must be given to the officer who is to be

removed.

(b) The officer must be allowed to appear at a hearing in the

officer's defense before the vote for removal by address is

taken.

(c) The cause for removal shall be stated at length in the

address and entered in the journal of each house.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 665.054. REMOVAL VOTE. (a) The governor shall remove from

office a person on the address of two-thirds of each house of the

legislature.

(b) The vote of each member shall be recorded in the journal of

each house.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER D. OTHER REMOVAL PROVISIONS

Sec. 665.081. NO REMOVAL FOR ACTS COMMITTED BEFORE ELECTION TO

OFFICE. (a) An officer in this state may not be removed from

office for an act the officer may have committed before the

officer's election to office.

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

the officer commits before the officer's election is covered by:

(1) Section 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.