Under the Texas Constitution, who has the power of impeachment?
The legislative branch
The executive branch
The judicial branch
The Texas Constitution does not address impeachment-only the voters can remove someone from office through a formal petition and recall election.
The Correct Answer and Explanation is :
Correct Answer: The legislative branch
Under the Texas Constitution, the power of impeachment is vested in the legislative branch. Specifically, the Texas House of Representatives has the authority to bring impeachment charges, while the Texas Senate conducts the trial to determine whether the official should be removed from office.
The process begins in the Texas House of Representatives, where articles of impeachment are drafted and voted upon. A simple majority vote in the House is required to impeach an official, which is comparable to an indictment in a criminal case. Once the House votes to impeach, the matter moves to the Texas Senate.
In the Senate, a trial is held to determine the guilt or innocence of the impeached individual. The senators act as jurors, and evidence is presented to support or refute the charges. To convict and remove the official from office, a two-thirds majority vote of the senators present is required. This ensures a high threshold for removal and prevents partisan abuse of the impeachment process.
Impeachment in Texas applies to state officers, including the governor, lieutenant governor, and judges, among others. This process is distinct from the judiciary or executive branches’ roles and reflects the principle of checks and balances embedded in the state’s constitutional framework. It allows the legislative branch to hold public officials accountable for misconduct, abuse of power, or other significant violations of public trust.
Contrary to the final option in the question, the Texas Constitution explicitly addresses impeachment as a mechanism for removing officials from office. Recall elections or petitions are not constitutionally provided for in Texas. The impeachment process is a critical tool for ensuring accountability within the state’s government and maintaining public trust in its institutions.