Article XV, Section 3 of the Texas Constitution

From Texas Legal Guide
Revision as of 14:59, September 10, 2020 by Steve Smith [Admin] (talk | contribs) (2 revisions imported: transfer to 1.34.1)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigation Jump to search

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 Comments

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

For example, he opined that: "Mere negligence or excess of power without corrupt intention is not such an offense for which an officer should be impeached."

Steve Smith

Recent Decisions


Historic Decisions

  • Ferguson v. Maddox, 263 S.W. 888, 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.")

Library Resources

Online Resources