Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 2051 proposes comprehensive procedural reforms to the impeachment and removal process for certain public officers in Texas. The bill amends the Government Code to establish clearer guidelines for the conduct of impeachment proceedings in both the Texas House of Representatives and the Senate. It mandates that all testimony—whether from witnesses or the subject of the proceeding—must be delivered under oath and in open session, ensuring transparency throughout the process. Furthermore, SB 2051 grants the impeached officer the opportunity to testify before investigative committees and to be accompanied by legal counsel, although it restricts their ability to cross-examine witnesses.

The bill also introduces a requirement that the House provide all members with committee reports and related materials no fewer than 72 hours before deliberation begins and prohibits a final vote on impeachment within that time frame. To address potential conflicts of interest, SB 2051 makes members of the House or Senate ineligible to vote in impeachment matters involving close relatives, as defined under current law. This provision seeks to enhance the integrity and impartiality of the proceedings.

Additionally, SB 2051 requires the House and Senate to maintain and report detailed cost records for all activities related to impeachment and trials, submitting these reports to state leadership and fiscal oversight bodies within 60 days of the conclusion of proceedings. For impeachment trials involving the Governor or Lieutenant Governor, the bill designates the Chief Justice of the Texas Supreme Court as the presiding officer or other senior judicial officers if necessary.

Overall, SB 2051 aims to improve procedural clarity, safeguard due process, and promote fiscal and ethical accountability in the state’s impeachment processes, reflecting a thoughtful and structured approach to legislative oversight.

The originally filed version of SB 2051 and the Committee Substitute both aim to clarify and reform the procedures related to impeachment and removal of certain public officers in Texas. However, there are several important differences between the two versions in terms of scope, procedure, and administrative structure.

One of the key changes is the extension of the review period for impeachment materials. The originally filed bill required that materials be made available to House members at least 48 hours before deliberation or a vote. The committee substitute strengthens this by increasing the review period to 72 hours before deliberation and prohibits voting during that time, thereby enhancing transparency and ensuring adequate preparation for lawmakers.

Additionally, the presiding officer provision for impeachment trials was expanded in the substitute version. While the filed bill listed only the Chief Justice of the Texas Supreme Court or the Presiding Judge of the Court of Criminal Appeals as possible presiding officers, the substitute adds a third option: a former appellate judge appointed by the Chief Justice, in case both primary officers are unavailable or recused. This change introduces greater flexibility and preparedness for high-profile trials.

The contingency clause tied to a constitutional amendment also differs. While both versions make effectiveness conditional on the approval of a constitutional amendment, the committee substitute does a better job of structurally preparing the statute to align with potential constitutional changes.

In sum, the committee substitute refines and strengthens the impeachment process introduced in the originally filed version, particularly through expanded review timelines, added judicial fallback provisions, and clearer legislative intent. These changes aim to improve due process, transparency, and administrative resilience in handling impeachment cases.

Author

Brian Birdwell

Co-Author

Peter Flores

Bob Hall

Juan Hinojosa

Phil King

Royce West

Contact the Author

Sen. Brian Birdwell

Capitol Phone:

Capitol Office:

CAP 1E.3

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of SB 2051 indicate no significant fiscal impact to the state. The bill introduces procedural reforms for handling the impeachment and removal of certain public officers, including requirements for open testimony, cost reporting, and disqualification rules related to familial ties. However, it does not create new agencies or allocate new funding streams.

It is anticipated that any administrative or reporting duties required by the bill—such as compiling and delivering cost reports or managing extended deliberation timelines—can be handled within the existing resources of the legislative bodies. This includes duties by the House and Senate to track and report costs associated with impeachment proceedings and trials.

Furthermore, there is no significant fiscal impact expected for local governments. The changes introduced pertain strictly to state-level impeachment and do not impose any new mandates or financial burdens on municipalities or counties.

Vote Recommendation Notes

SB 2051 represents a thoughtful and necessary modernization of the impeachment process in Texas. The bill addresses key procedural deficiencies identified during recent high-profile proceedings, most notably the impeachment of Attorney General Ken Paxton. By providing clear statutory guidance for constitutional impeachments—where such clarity has been lacking—the bill enhances the legitimacy and structure of one of the state's most powerful checks on public officials. As the bill analysis notes, impeachment exists primarily to protect the state, not to punish individuals.

The legislation provides consistent standards across different levels of government for how testimony is handled, who may participate in voting (excluding family members of the accused), and how cost accounting must be maintained and reported. It increases transparency by requiring open-session testimony and extends the review time for impeachment materials from 48 to 72 hours—an important safeguard for deliberative decision-making.

Importantly, the bill has no significant fiscal impact, with implementation costs expected to be absorbed within existing resources. It also includes safeguards to prevent removal from office based on conduct occurring prior to holding the office, promoting fairness, and reinforcing the principle that officials should be judged based on their performance in office.

Given its alignment with constitutional principles and responsiveness to recent shortcomings in Texas governance, Texas Policy Research recommends that lawmakers vote YES on SB 2051. It does not grow government, imposes no undue fiscal burdens, and strengthens institutional accountability.

Individual Liberty: The bill upholds individual liberty by ensuring that public officers subject to impeachment are afforded procedural protections. The bill mandates that testimony be taken under oath and in open session, and it allows the accused to testify in their own defense with legal counsel present. These safeguards ensure fairness and due process, protecting individuals from arbitrary or politically driven removal efforts. It also removes the ability to impeach officials for actions committed before holding office, which protects individual reputations and freedoms from retroactive political judgment.
Personal Responsibility: While protecting individuals from undue punishment, the bill also reinforces accountability. It maintains the integrity of the office by clarifying that officials can be removed for misconduct while in office, emphasizing that officeholders are responsible for their conduct once entrusted with public duties. This reinforces the idea that with public trust comes personal responsibility and that breaches of that trust are grounds for removal.
Free Enterprise: The bill has no direct impact on market regulation, competition, or economic freedoms. It does not introduce any new economic policy, taxation, or regulation that would affect the operation of free markets. Its scope is entirely within the realm of government structure and official accountability.
Private Property Rights: The bill does not directly impact private property rights. It is a procedural reform focused on governmental processes related to impeachment and does not create new regulations or restrictions affecting property ownership, use, or rights.
Limited Government: The bill supports limited government by defining the proper scope and boundaries of state authority in impeachment cases. It limits the government's ability to pursue impeachment for pre-office conduct and imposes procedural constraints (e.g., 72-hour review periods, ineligibility due to familial conflict) that prevent abuse or hasty action. By requiring transparency and reporting of impeachment costs, the bill also creates fiscal accountability—another pillar of limited government.

Related Legislation

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