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Impeachment is the process by which the legislative branch has the authority to remove a sitting public official. The actual trial on those charges, and subsequent removal of an official on conviction on those charges, is separate from the act of impeachment itself.[1] Impeachments in Texas begin in the Texas House of Representatives which must cast a majority vote in favor of impeachment. Unlike federal offices, which require formal charges brought against an individual and in most cases criminal charges, the Texas Constitution does not provide specific grounds for impeachment. The specifics are left to the state legislators to determine.[2] Impeachments have historically been reserved for cases in which a public official committed a criminal act. The United States Constitution provides that the President of the United States shall only be removed from office upon "Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."[3] In general, impeachments are a rare occurrence. Only 17 federal officers have been impeached since 1776.[4] In Texas, two officials have been successfully impeached -- Governor James Ferguson in 1917 and Judge O.P. Carillo in 1975. Ferguson was indicted on charges including embezzlement while Carillo spent three years in jail following his impeachment.[5] In 2013, the Texas State Legislature began an impeachment trial for Regent Wallace Hall. Legislators have accused Hall of abusing his power and targeting University of Texas, Austin President Bill Powers, while Hall maintains he was acting as a responsible regent investigating situations of clout and accountability problems within the University of Texas system. Some have said Hall is being targeted for uncovering evidence of political favoritism with respect to admissions processes.[6] Laws governingLaws governing impeachment in Texas are governed by Article 15 of the Texas Constitution. Both elected and non-elected officials can be impeached in Texas. Constitutional provisionsThe following sections are outlined in Article 15 of the Texas Constitution.
Legislative code for impeachmentTitle 6, Chapter 665 of the Texas Government Code addresses the impeachment and removal of public officers by the state house. In order for an official to be impeached, articles of impeachment must be brought by the Texas House of Representatives. If the House adopts articles of impeachment, the Texas State Senate must then sit as the court of impeachment. Special sessionsIf the state legislature is not in regular session during the time of impeachment, a special session can be called specifically to handle impeachments. The Texas Legislative Code governs the process by which the Texas State Legislature can be brought into special session to address an impeachment proceeding. HouseWhen the House is not in session, there are three ways that the House may be convened for purposes of impeachment.[7]
SenateIf the House adopts articles of impeachment, the Texas State Senate is required to sit as a court of impeachment. If the Senate is not in session, there are four ways by which it may be convened.[7]
Wallace Hall impeachmentSee also: Wallace Hall impeachment trialAn effort was begun in 2013 to investigate the possibility of impeaching University of Texas Regent Wallace Hall. The Texas State Legislature adjourned its regular session on May 27, 2013. There is no regularly scheduled session until 2015. State legislators created a select committee to launch an investigation into possibly impeaching Wallace Hall, an appointed member of the University of Texas System Board of Regents. That committee has been holding a series of meetings in late 2013. The most that the select committee can do would be to recommend to the full state house that articles of impeachment be drafted. If that is the case, then the state house must follow procedures outlined regarding calling a special session specifically for the process of impeachment. BackgroundAfter he was appointed in 2011, Hall began looking into what he believed to be clout scandals within the University of Texas system. Hall investigated the university's forgivable-loans program and admissions policies and preferential treatment to politically-connected individuals.[8] Hall, as an individual citizen, filed FOIA requests with the University system after his inquiries via his role as a Regent were rebuffed.[9] According to his accusers, Hall filed requests of more than 800,000 pages, which some Texas administrators called an unnecessary burden.[10][11] However, a letter from University chancellor Francisco Cigarroa in February 2014 said that Hall likely requested fewer than 100,000 pages.[12] [13] In addition, Cigarroa wrote: "During testimony before the Select Committee, some early witnesses implied that the U.T. System has not protected the privacy rights of students, staff, and patients. This is simply not true."[14] An effort was begun in June 2013 to try and impeach Hall from his position as regent. Some legislators justified the impeachment on the grounds that Hall did not disclose several lawsuits that he was involved in when he originally completed his Regent background check. Hall updated Governor Rick Perry's office in April 2013 with the full list.[15][16] No unelected official in Texas has ever been successfully impeached or removed from office.[17] Governor of Texas Rick Perry's spokesperson said the investigations send a "chilling message" to gubernatorial appointees.[18] He added that the investigation was "extraordinary political theater."[19] Texas state legislators have never previously tried to remove an appointed official. Only two elected officials in the history of Texas have ever been successfully impeached.[20] A January 2014 review by the law firm Hilder & Associates concluded that there was "no credible evidence of a violation of [the state government code] that would warrant a referral for criminal prosecution." The report concluded that Hall had a legitimate reason for having the documents in question. "In light of the fundamental role attorneys play, it would lead to an absurd result were it criminal for an official to provide student records to his or her attorney in the face of litigation, or anticipated litigation, involving these records," Philip Hilder wrote in the report. Hilder submitted the report to the legislative committee. The Board of Regents hired the firm to review whether Hall may have violated any federal privacy laws in his handling of student information. November 2013 testimony prompted committee-member Trey Fischer to request the inquiry. Committee member Dan Flynn said he was not surprised by the findings and was pleased the university counsel reached a conclusion.[21][22][23][24] History of impeachmentsOnly two Texas public officials have been impeached in the state's history. Prior impeachments
Failed impeachments
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Footnotes
How can governors be removed from office?Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitution.
How can a governor be removed from office quizlet?majority of the house of representatives must vote to impeach and if it passes then there are formal charges against the governor. If a governor is impeached, a trial in the Texas Senate follows, with the chief justice of the Texas Supreme Court presiding. The Texas House acts as the prosecution.
Which of the following can impeach the Texas governor?The power of impeachment shall be vested in the House of Representatives. SEC. 2. Impeachment of the governor, lieutenant governor, attorney general, treasurer, commissioner of the general land office, comptroller, and the judges of the Supreme Court, Court of Appeals and District Court shall be tried by the senate.
Which of the following procedures results in the removal of the President from office?Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
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