Republican Texas Attorney General Ken Paxton might finally face a measure of justice when the state legislature takes up 20 articles of impeachment against him as early as Friday.  But as the Texas Tribune points out in a handy “Texas Impeachment Primer,” the scheduled May 29th end of the legislative session and the fact that the Texas legislature meets only every two years bring some potential complications.

A simple majority in the state house would impeach Paxton, and thanks to Texas’s legislative rules that give the Speaker virtually unlimited power to bring anything to the floor when he wants, it’s possible Speaker Dade Phelan could introduce the 20 articles from the House General Investigating Committee and ask for a vote immediately.  More likely, however, they will take some time to read some evidence into the record.  With the end of the session just three days away, don’t expect an extensive grand jury presentation.  An impeachment would mean an automatic suspension for Paxton from undertaking any official duties, allowing the governor to make a “provisional” appointment.

Once a vote for impeachment is passed, the Senate can organize an investigation and trial.  Of course, this being Texas, the Senate could drop everything and convene a kangaroo court to boot him from office before heading for vacation.  More likely, however, the Senate will form an impeachment committee to lead the investigation.  Upon the investigation’s completion, the Senate can be recalled either by an agreement of the governor, lieutenant governor and Senate leader, or by a petition signed by half of the 32 senators.

Unlike the federal process, the way an impeachment trial takes place is not outlined in the state constitution.  The entire explanation of the trial in the Texas constitution reads:  “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.”  Nothing on who presides or who prosecutes. The Senate literally makes the rules up before it begins the trial.

But like the federal system, impeachment in Texas results only on removal from office.  The Senate can take a separate vote to bar him from holding office.  There’s no affiliated criminal indictment, but there’s also no absolution:  Paxton could be charged criminally.

And if you’re wondering, only two state officials have ever been successfully impeached and removed from office in Texas: Democratic Governor James E. “Pa” Ferguson for embezzlement in 1917 and state District Judge O.P. Carillo in 1975 for financial fraud and income tax evasion.