SB2051 - 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.

      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.