| | Complicating matters is that, in addition to limited precedent (there have been only two trials for removal in Texas history, and none in nearly half a century) in determining what the rules of the trial should be, two Senators have actual or potential conflicts which may require recusal from voting: Angela Paxton (his wife) and Bryan Hughes (the alleged "straw requestor" on the foreclosure opinion, who may be called as a witness by the House). As it is likely that all 12 Democrat Senators will vote to remove, if Paxton and Hughes must or choose to recuse themselves, the Senate would need nine out of the remaining 17 Republican Senators (just over half) to vote to remove. | | Complicating matters is that, in addition to limited precedent (there have been only two trials for removal in Texas history, and none in nearly half a century) in determining what the rules of the trial should be, two Senators have actual or potential conflicts which may require recusal from voting: Angela Paxton (his wife) and Bryan Hughes (the alleged "straw requestor" on the foreclosure opinion, who may be called as a witness by the House). As it is likely that all 12 Democrat Senators will vote to remove, if Paxton and Hughes must or choose to recuse themselves, the Senate would need nine out of the remaining 17 Republican Senators (just over half) to vote to remove. |
| − | The Senate was to have announced the rules on June 20, 2023. However, after numerous delays continuing into the following day, the rules were finally announced.<ref>https://capitol.texas.gov/tlodocs/881/billtext/pdf/SR00035I.pdf</ref> Notably, the Senate will meet on September 5, 2023 to sit as the Court of Impeachment, and that Articles XI, XII, XIII, and XIV will be held in abeyance (i.e. not considered at that time). Also, Senator Hughes (if called as a witness or if he agrees to testify voluntarily) will not be subject to recusal as a juror; Senator Angela Paxton will be counted solely as present for purposes of counting the number of votes, but cannot participate in any deliberations or vote on any matter. | + | The Senate was to have announced the rules on June 20, 2023. However, after numerous delays continuing into the following day, the rules were finally announced.<ref>https://capitol.texas.gov/tlodocs/881/billtext/pdf/SR00035I.pdf</ref> Notably, the Senate will meet on September 5, 2023 to sit as the Court of Impeachment, and that Articles XI, XII, XIII, and XIV will be held in abeyance (i.e. not considered at that time). Witnesses will be required to testify in person and subject to cross-examination, and the standard of proof for any Article (all of which will be voted on separately) will be [[beyond a reasonable doubt]]. Also, Senator Hughes (if called as a witness or if he agrees to testify voluntarily) will not be subject to recusal as a juror; Senator Angela Paxton will be counted solely as present for purposes of counting the number of votes, but cannot participate in any deliberations or vote on any matter. |