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Bill

HJR 149

Proposing a constitutional amendment allowing an impeached officer to continue in office pending the impeachment trial.

89th Legislature (2025) Introduced by David Lowe

Texas amendment would allow impeached officials to keep their positions while awaiting trial instead of automatic suspension during impeachment proceedings.

Referred to State Affairs
#legislature(i0520) #resolutions--constitutionalamendments(i0661) #stateofficers(i0761)
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Bill Summary · HJR 149

Legislative bill overview

HJR 149 proposes a constitutional amendment to Texas law that would allow elected officials to remain in their positions while facing impeachment charges, rather than being suspended from office pending trial. Currently, Texas constitutional provisions automatically suspend impeached officers from their duties. This amendment would change that requirement and let the impeached official continue performing their job functions during the impeachment process.

Why is this important

Impeachment processes can take months or years to complete, and this change would significantly alter how Texas government functions during investigations of elected officials. It directly affects the separation of powers, the practical operation of government offices, and public trust—by either allowing continuity of leadership or, conversely, potentially allowing someone facing serious charges to continue wielding official power and influence.

Potential points of contention

  • Due process vs. precautionary suspension: Opponents may argue that automatic suspension protects the public and government integrity during serious investigations, while supporters contend it's unfair to remove someone from office before conviction.
  • Abuse of power concerns: Critics worry an impeached official could use remaining authority to obstruct investigations or influence proceedings; supporters counter this assumes guilt before trial.
  • Precedent and tradition: Texas has suspended impeached officers since statehood; changing this breaks long-standing constitutional practice, which some view as protecting democratic norms while others see as outdated.

Compiled from official sources — confirm details with the bill’s official record.

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