Article XV, Section 1 of the Texas Constitution ("Impeachment by House of Representatives")
Adopted February 15, 1876:
The power of impeachment shall be vested in the House of Representatives.
Editor Comments
This section does not identify the public officials subject to impeachment or provide a list of impeachable offenses.
It also fails to mandate any procedure. For example, it is unclear whether a simple majority is sufficient to impeach.
Nonetheless, it is well-established that the House performs the functions of the grand jury and prosecuting attorney.
Recent Decisions
None.
Historic Decisions
- Ferguson v. Maddox, 263 S.W. 888, 892 (Tex. 1924) ("The Constitution in this matter [] created nothing new. By it, something existing and well understood was simply adopted. The power granted to the House to 'impeach,' and the Senate to try 'impeachment,' carries with it, by inevitable implication, the power to the one to prefer and to the other to try charges for such official delinquencies, wrongs, or malfeasances as justified impeachment according to the principles established by the common law and the practice of the English Parliament and the parliamentary bodies in America. The grant of the general power of 'impeachment' properly and sufficiently indicates the causes for its exercise.")
Library Resources
- Vernon's Annotated Constitution of the State of Texas (multi-volume and up-to-date resource available at all law and many municipal libraries)
- The Texas State Constitution: A Reference Guide (one-volume resource available at most law and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (two-volume resource available at most law and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (resource published online and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (resource published online and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (resource published online and regularly updated by the Legislative Reference Library)