A GOP-led Texas House committee on Thursday voted unanimously to recommend the impeachment of Attorney General Ken Paxton, an extraordinary and nearly unprecedented move in state history.

It comes after attorneys for the General Investigating Committee spent three hours on Wednesday going over several serious crimes they believed Paxton committed using the resources of his office as part of a larger effort to help a friend and campaign donor.

The investigators, who reiterated many of the claims made in a retaliation lawsuit filed by four of Paxton’s former aides, concluded that Paxton had abused the power of his office to benefit the friend, Austin real estate investor Nate Paul. 

The last time the state Legislature impeached an official was almost a half century ago in 1975, when it ousted a district judge it found guilty of embezzlement and other fraud, according to the Legislative Reference Library. The only other Texas official impeached was Gov. James Edward “Pa” Ferguson in 1917.

Paxton did not immediately respond to a request for comment, but an attorney from his office, Chris Hilton, told reporters that the investigators’ testimony was "filled with falsehoods and misrepresentations."

Hilton claimed the process was “illegal” and that Paxton could not be held responsible for conduct that allegedly happened before the last election in 2022, per his reading of state law.

“Overturning elections begins behind closed doors,” Paxton wrote in a tweet just before the committee’s vote.

The possibility of impeachment and removal represents the most immediate threat Paxton has faced in his eight years as AG, most of which he’s spent under indictment in a separate felony securities fraud case.

It was especially remarkable because despite Paxton’s accumulating legal troubles, conservative voters have largely stuck with him, and the state’s top Republicans, including Gov. Greg Abbott and Lt. Gov. Dan Patrick, have publicly stayed out of the matter.

What’s more, the Republican’s undoing could be at the hands of members of his own party, not by a judge or prosecutor or even an election challenger.

The full House could take up the matter as soon as Friday, the next open calendar day. If approved, the Senate would hold a court-like trial on whether to remove him.

Under the Texas Constitution, Paxton would be immediately suspended from his duties during the impeachment proceedings. The governor could choose to leave the spot open or appoint someone to fill the vacancy temporarily.

On Wednesday, the House investigative attorneys said Paxton appeared to provide Paul with confidential FBI documents and use his power to help pursue other details about an FBI raid on his home and business office. Paul, who is in the middle of multiple bankruptcies proceedings and financial litigation, had donated $25,000 to Paxton’s re-election campaign in 2018. 

Paxton is a hardline conservative and longtime ally of former President Donald Trump who has created a name for himself nationally as a crusader against Democratic presidential administrations, first Obama’s then Biden’s.

“The voters have spoken: They want Ken Paxton,” Hilton said. “This committee by investigating him, by not allowing us to be heard here today, by never reaching out to us at any time during this investigative process, is trying to thwart the will of the voters. We deserve to be heard here today.”

The House pushback against Paxton started early in the legislative session, when members balked at providing Paxton’s office with $3.3 million to settle the whistleblowers’ lawsuit that brought many of the allegations against Paxton to light.

“The citizens of Texas would not be aware of this corruption if the whistleblowers did not report it to law enforcement,” said T.J. Turner, an attorney for whistleblower David Maxwell. “It is impossible to comprehend how the Legislature could continue to hang the whistleblowers out to dry by refusing to fund the settlement that would pay the wages and other damages they suffered because of their brave, selfless actions when those actions led to this result.”

Texas Democratic Party Chair Gilberto Hinojosa pressed for Paxton to resign. The party came closest in 2018 to unseating Paxton when Democratic nominee and Houston lawyer Justin Nelson came within 3.6 points.

“While we fully support the Texas House voting to impeach Ken Paxton – we think it would be better for all Texans if he saved legislators the trouble, and taxpayer money, and just resigned on his own accord,” Hinojosa said. “This grifter shouldn’t be permitted to waste one more minute of legislators’ time or one more dollar of taxpayer money dealing with his litany of crimes and offenses.”

What happens next

The Texas Legislature can impeach any state officer, head of a state department or institution, and any member or trustee of a state institution, according to state law.

Cal Jillson, a political science professor at Southern Methodist University, said the process is similar to the national impeachment process with which many Texans are probably already familiar and resembles a court proceeding.

The House would be first to conduct proceedings. If members were to vote and approve impeachment, the matter would move to the Senate, which would hold its own trial.

The House would need to approve the impeachment on a two-thirds vote in order for it to advance, and the Senate would need to approve removing Paxton on a two-thirds vote. As in a state district court trial, both the House and Senate would each have the ability to call witnesses, compel testimony and hold potential witnesses in contempt.

The Legislature does not have to be in session for an impeachment to move forward, according to state law.

The House could start impeachment proceedings now, before the biennial session ends Monday. But if it does not, the governor can call the members into session, the law states. The House speaker also can do so if 50 or more members ask for it. Or a majority of members can compel a session if they sign a written proclamation.

The Senate has similar authority under the law to continue its work when not in session.

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