CHAPTER 665. IMPEACHMENT AND REMOVAL
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.