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How a Texas impeachment reaches the Senate
- The House adopts articles of impeachment. The House has the constitutional power to impeach. The articles set out the charges the Senate will consider.
- The Senate convenes as a Court of Impeachment. The Senate has the constitutional duty to try the case. It considers the articles and the evidence, rather than deciding whether to adopt the charges itself.
- The Senate votes on the articles. The conviction threshold is two-thirds concurrence of senators present. The decision is made on the articles before the court.
The 2023 trial of Attorney General Warren Kenneth Paxton illustrates how those stages can work, but its particular schedule and procedures came from special rules for that proceeding. The Texas Senate’s Court of Impeachment case page records that the House adopted 20 articles against Paxton on May 27, 2023, and delivered them to the Senate on May 29. The Senate adopted special rules and convened as a court on September 5.
What happens during the trial
Under the special rules adopted for the Paxton proceeding, the articles were read and the respondent could enter a plea in person or through counsel. The parties could present evidence and witnesses, and motions were handled under the rules’ procedures, with many questions put to senators serving as jurors. These are details of that trial’s rules, not a guaranteed script for every future impeachment.
The rules distinguished public proceedings from private deliberation: “The sessions of the court of impeachment are to be open. Deliberations of the court are to be closed.” They also provided for open proceedings with public gallery access and livestreaming. Formal action and votes were to take place in open court. These arrangements are set out in the Senate’s 2023 special rules and case materials.
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How many votes are needed to convict?
The threshold is two-thirds of the senators present, as the Texas Senate’s 2024 interim report summarizes Article XV of the Texas Constitution. The denominator matters: this standard is not the same as a fixed number of votes in every circumstance.
In particular, do not confuse the conviction threshold with the Senate’s ordinary quorum rule. The Senate’s general vote-requirements reference describes a 21-member, two-thirds-membership quorum for ordinary Senate business. That quorum figure is not the impeachment conviction standard; the latter is stated as two-thirds concurrence of senators present.
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What removal and disqualification mean
A conviction results in removal from the official’s current office. The Senate may also disqualify the person from holding a future Texas state “office of honor, trust or profit.” Under the 2023 Paxton trial rules, disqualification was considered as a separate question after conviction and required two-thirds approval of members present. That voting procedure is specific to those rules; the constitutional framework allows disqualification as a possible consequence.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Constitutional rules versus trial-specific procedures
| Question | Constitutional framework | Paxton trial rules (2023) |
|---|---|---|
| Who impeaches and who tries the case? | The House impeaches; the Senate conducts the trial. | The Senate convened as a Court of Impeachment under special rules. |
| What vote convicts? | Two-thirds concurrence of senators present. | Votes on articles took place in open court under the rules. |
| What follows conviction? | Removal; disqualification from future state office may also be imposed. | Disqualification was a separate post-conviction question requiring two-thirds approval of members present. |
| How are proceedings conducted? | The constitutional framework establishes the roles and consequences described above. | The special rules addressed pleadings, evidence, motions, public sessions, closed deliberations, and voting. |
The Senate’s June 22, 2023 announcement quoted presiding officer Lieutenant Governor Dan Patrick as saying, “The citizens of Texas can count on the Senate of Texas to have a fair and just trial.” That is Patrick’s stated assurance, not independent evidence that a proceeding was fair.
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