Limiting Campaign Contributions, Addressing Conflicts of Interest Must Be Part of Impeachment Reform

October 15, 2024

Limiting Campaign Contributions, Addressing Conflicts of Interest Must Be Part of Impeachment Reform

A Disservice To Make Impeachment Reform About a House vs. Senate Power Struggle, Public Citizen Says

AUSTIN, Texas - Today's legislative hearing on the impeachment process must prioritize limiting the influence of money and addressing the conflict-of-interest questions that arose from last year's impeachment of Texas Attorney General Ken Paxton.

The Texas Senate Committee on State Affairs will meet this morning to consider changes to a process that saw Paxton become the first elected statewide official impeached by the Texas House in over a century. Paxton was later acquitted in the Texas Senate and allowed to resume his attorney general duties.

Lt. Gov. Dan Patrick, a critic of the Texas House's impeachment of Paxton, directed the State Affairs committee to take up impeachment reform and make recommendations in a report due by December 1.

"What matters most for the next time there is an impeachment is that most Texans can respect the outcome, even if they disagree with it," Adrian Shelley, Texas director of Public Citizen, said. "But respecting the outcome means respecting the process first. Last year's impeachment devolved into a power struggle between the House and the Senate. The Legislature must keep its focus on the changes needed to restore faith in the process."

Public Citizen will ask lawmakers to include the following changes in impeachment reform legislation they may consider when the Texas Legislature next meets in regular session in January:

• A moratorium on campaign contributions:Texas law prohibits members of the Legislature from soliciting or accepting political contributions during a regular legislative session, but the prohibition does not apply during special sessions or when an impeachment trial is pending. Public Citizen supports a contribution moratorium during special sessions and when an impeachment trial looms.

• Addressing conflicts of interest: Paxton's impeachment raised multiple conflict questions. Public Citizen supports legislation clarifying what constitutes a conflict and how it should be addressed.

• A licensed lawyer in good standing to preside as judge: Under current law, the lieutenant governor is the presiding judge of impeachment trials. Public Citizen suggests that either the Chief Justice of the Texas Supreme Court presides or a jurist appointed by the Senate.

Paxton was impeached in an overwhelming, bipartisan vote by members of the Texas House in the final days of the 2023 regular legislative session. Months later, in September 2023, Paxton was acquitted when none of the impeachment articles received the 21 votes required for conviction and removal from office.