HJR29 - Proposing a constitutional amendment prescribing certain requirements applicable to the impeachment of an officer by the house of representatives and repealing the requirement that an officer against whom articles of impeachment have been preferred be suspended from the exercise of the duties of office during the pendency of the impeachment.

  89R277 TJB-D     By: Guillen H.J.R. No. 29       A JOINT RESOLUTION   proposing a constitutional amendment prescribing certain   requirements applicable to the impeachment of an officer by the   house of representatives and repealing the requirement that an   officer against whom articles of impeachment have been preferred be   suspended from the exercise of the duties of office during the   pendency of the impeachment.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1, Article XV, Texas Constitution, is   amended to read as follows:          Sec. 1.   (a) The power of impeachment is [ shall be ] vested in   the House of Representatives.           (b)     The House of Representatives may not impeach an officer   unless a committee of the House has first adopted articles of   impeachment against the officer and filed the articles with the   chief clerk of the House or the successor officer performing the   chief clerk's functions.   The House of Representatives may not   consider the articles of impeachment earlier than the 14th day   after the date the articles are filed by the committee.           (c)     Not later than 24 hours after the time a committee files   articles of impeachment as provided by Subsection (b) of this   section, the committee shall make available to each member of the   House of Representatives each document or other item of evidence   considered by the committee as part of the committee's   investigation.           (d)     A witness who testifies before a committee conducting an   impeachment investigation or before the House of Representatives   when conducting an impeachment proceeding must testify under oath.           (e)     An officer who is the subject of an impeachment   investigation or impeachment proceeding is entitled to   cross-examine any witness testifying during the investigation or   proceeding.          SECTION 2.  Section 5, Article XV, Texas Constitution, is   repealed.          SECTION 3.  The following temporary provision is added to   the Texas Constitution:           TEMPORARY PROVISION. (a)   This temporary provision applies   to the constitutional amendment proposed by the 89th Legislature,   Regular Session, 2025, prescribing certain requirements applicable   to the impeachment of an officer by the house of representatives and   repealing the requirement that an officer against whom articles of   impeachment have been preferred be suspended from the exercise of   the duties of office during the pendency of the impeachment.           (b)     The amendment to Section 1, Article XV, of this   constitution, and the repeal of Section 5, Article XV, of this   constitution, take effect January 1, 2026, and apply only to the   impeachment of an officer under Article XV of this constitution for   whom the house of representatives has not preferred articles of   impeachment on or before that date.           (c)  This temporary provision expires January 1, 2027.          SECTION 4.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 4, 2025.   The ballot shall be printed to permit voting for or against the   proposition: "The constitutional amendment prescribing certain   requirements applicable to the impeachment of an officer by the   house of representatives and repealing the requirement that an   officer against whom articles of impeachment have been preferred be   suspended from the exercise of the duties of office during the   pendency of the impeachment."