89th Legislature Regular Session

SJR 68

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SJR 68 proposes an amendment to the Texas Constitution to clarify and strengthen provisions regarding the impeachment, suspension, trial, removal, and disqualification of public officers in the state. The resolution aims to provide a clearer constitutional framework for how these proceedings are to be conducted, ensuring consistency and adherence to due process.

Specifically, the resolution modifies Section 5 of Article XV to explicitly state that any officer against whom articles of impeachment are brought shall be suspended from the duties of their office—with ordinary pay—during the pendency of the proceedings. In cases involving the suspension of any officer other than the governor, the resolution authorizes the governor to make a temporary appointment until the outcome of the impeachment is determined. It also confirms that if the governor is the subject of such a suspension or removal, the existing succession provision in Article IV, Section 16 will govern the temporary assumption of gubernatorial duties.

Additionally, the resolution amends Section 7 of Article XV to direct the Texas Legislature to provide, by statute, the procedures for the trial and removal of all state officers for whom such procedures are not already established in the Constitution. It further authorizes the Legislature to enact general laws that implement or clarify provisions related to the impeachment, trial, removal, or disqualification of any state officer.

This proposed constitutional amendment is scheduled to be submitted to voters in a statewide election on November 4, 2025. If approved, it would ensure a more coherent, uniform, and constitutionally grounded process for handling the most serious forms of official misconduct in Texas.
Author
Brian Birdwell
Co-Author
Peter Flores
Bob Hall
Juan Hinojosa
Phil King
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), SJR 68 is not expected to have any significant fiscal impact on the State of Texas beyond the required cost of publication. The estimated cost for publishing the resolution, as mandated for all constitutional amendments submitted to voters, is approximately $191,689. This cost covers the public notice and ballot language requirements for the statewide election scheduled for November 4, 2025.

The resolution does not establish new programs or require the creation of new governmental bodies, nor does it mandate significant administrative or enforcement functions that would generate ongoing costs. It primarily serves a clarifying and codifying function within the Texas Constitution, outlining existing and anticipated legislative authority regarding impeachment and removal procedures.

Additionally, no significant fiscal implications are anticipated for local governments. Since the resolution deals with constitutional governance at the state level and does not impose new duties on local entities or require local implementation mechanisms, it is not expected to result in new costs for counties, cities, or other local governmental units.

Vote Recommendation Notes

SJR 68 presents a thoughtful and constitutionally appropriate response to longstanding ambiguities in Texas's impeachment process, particularly those brought into sharp focus during the 2023 impeachment of Attorney General Ken Paxton. As described in the bill analysis and author’s statement of intent, the Texas Constitution currently provides only minimal guidance for constitutional impeachments—those applying to statewide elected officials—leaving a procedural void that can threaten the transparency, fairness, and integrity of the impeachment process.

SJR 68 seeks to close these gaps by amending the Texas Constitution to provide a more structured framework. It clearly stipulates that officers under impeachment will be suspended—with pay—during proceedings and authorizes provisional appointments to maintain the continuity of government operations. Importantly, it also grants the Legislature the authority to pass general laws that implement and govern the impeachment and disqualification process, ensuring that future proceedings are consistent, transparent, and subject to legislative oversight rather than ad hoc political maneuvering.

The resolution carries no significant fiscal burden on the state beyond the $191,689 cost of publication and imposes no additional costs on local governments. Its alignment with core principles of Limited Government and Individual Liberty is evident: it reinforces legislative control over impeachment rules, curtails potential executive overreach, and promotes a clearer process that protects due process rights. Moreover, its nonpartisan structure serves the public interest by strengthening institutional checks and balances, regardless of political affiliation.

Given its constitutional significance, modest fiscal impact, and direct response to weaknesses exposed in recent high-profile proceedings, Texas Policy Research recommends that lawmakers vote YES on SJR 68. It advances the public good by bolstering the integrity and clarity of a vital constitutional mechanism.

  • Individual Liberty: The resolution strengthens individual liberty by ensuring that the constitutional process of impeachment is guided by clear rules and legislative oversight rather than arbitrary or politically expedient actions. By suspending public officers with pay during impeachment, the resolution preserves the presumption of innocence until the process is complete. It protects the rights of the accused from punitive action prior to a fair trial while safeguarding public confidence in the integrity of government institutions.
  • Personal Responsibility: This resolution reinforces the principle that public officials must be accountable for their actions. It enhances personal responsibility by clarifying the legal and procedural consequences of misconduct in office. Public servants are reminded that holding office includes accepting scrutiny and, when warranted, consequences—implemented through a transparent, constitutional process that prioritizes fairness and due process.
  • Free Enterprise: While the resolution does not directly regulate business or economic activity, it has an indirectly positive impact on the principle of Free Enterprise by promoting institutional stability and the rule of law. A transparent and well-defined process for handling the suspension, impeachment, and removal of public officials contributes to a more predictable and accountable government. For entrepreneurs, investors, and businesses operating in Texas, confidence in the integrity of public institutions supports a healthy economic climate where decisions are made fairly and free from arbitrary political disruption. In this sense, the resolution contributes to a business-friendly environment by reinforcing checks and balances and discouraging the misuse of political power, which can otherwise undermine the confidence essential to economic investment and growth.
  • Private Property Rights: The resolution does not directly affect private property rights, as it pertains strictly to the conduct and accountability of public officials. However, it helps uphold the constitutional order that protects all rights, including property rights, by ensuring that government officials can be effectively held accountable when they abuse power. A government that respects its own constitutional limits is less likely to infringe upon private property unjustly. In this way, while the resolution doesn’t change property laws or regulations, it supports a legal framework in which private property rights are more secure due to greater institutional accountability and rule of law.
  • Limited Government: This resolution advances limited government by affirming and clearly defining the Legislature’s constitutional role in managing impeachment proceedings. Rather than expanding executive or judicial powers, it confines the impeachment process to legislative authority and codifies the procedures to avoid power imbalances. This ensures that impeachment does not become a tool of unchecked political will but remains within the boundaries of lawfully delegated authority under the Texas Constitution.
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