imported>Admin at 14:32, June 4, 2023

2023-06-04T14:32:45Z

New page

{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution (''<small>"Impartial Trial by Senate; Two-thirds Vote Required"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:

'''When the Senate is sitting as a Court of Impeachment, the Senators shall be on oath, or affirmation impartially to try the party impeached, and no person shall be convicted without the concurrence of two-thirds of the Senators present.'''

|editor=

The Texas Attorney General, in Tex. Att'y Gen. Op. GM-898 (1939), generally discussed the principles and procedures applicable to impeachment under this article.

Among other things, he [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0898.pdf#page=2 opined] that: "Mere negligence or excess of power without corrupt intention is not such an offense for which an officer should be impeached."

|other=

None.

|recent=

None.

|historic=

* ''Ferguson v. Maddox'', 263 S.W. 888, [https://texaslegalguide.com/images/263_SW_888.pdf#page=5 892] (Tex. 1924) ("We most emphatically repudiate the idea that any officer may be arbitrarily impeached. In the exercise of its exalted jurisdiction, the Senate must proceed according to law. It must ascertain the law by an examination of the Constitution, legal treatises, the common law and parliamentary precedents, and therefrom determine the nature, elements, and characteristics of impeachable offenses, and, in the light of reason, apply the principles so worked out to the facts of the case before it. This is not arbitrary power. It is the exercise of judicial authority under the Constitution. There is a vast difference between arbitrary power and final authority.")

}}

[[Category:TxCon ArtXV Sec]]
[[Category:WikiSEO Extension]]
{{#seo:|type=article|author=Steve Smith|site_name=Texas Legal Guide|section=law|published_time=2015-01-01|image=Texas_Constitution_of_1876_Article_XV.jpg|image_alt=Article 15, Texas Constitution|title=Article XV, Section 3 of the Texas Constitution ("Impartial Trial by Senate; Two-thirds Vote Required")|keywords=Article 15 Section 3, Texas impeachment removal provisions, attorney Steve Smith|description=The Texas Attorney General has opined that "[m]ere negligence or excess of power without corrupt intention is not such an offense for which an officer should be impeached."}}

Texas Constitution:Article XV, Section 3 - Revision history

imported>Admin at 14:32, June 4, 2023