Changes

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/SR00035F.pdf#navpanes=0</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, the House managers and their attorneys will be limited to 24 hours to present their case (unless extended by agreement) 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.  Finally, although removal from office will be automatic if any Article is agreed on by the 2/3 vote required, a separate vote will be held to determine if removal will extend to any future office.

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/SR00035F.pdf#navpanes=0</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; those were the three Articles centered on Paxton's ongoing securities fraud matter as well as one involving another known matter of not timely filing financial statements).  Witnesses will be required to testify in person and subject to cross-examination, the House managers and their attorneys will be limited to 24 hours to present their case (unless extended by agreement) 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.  Finally, although removal from office will be automatic if any Article is agreed on by the 2/3 vote required, a separate vote will be held to determine if removal will extend to any future office.

The senators who voted against the rules were (in addition to Senator Paxton) liberal senator Sarah Eckhardt (D-Austin) and conservative Senator Bob Hall (R-Edgewood).<ref>https://www.khou.com/article/news/local/texas/ken-paxton-impeachment-trial-rules/285-1a6ea7d6-3529-4ad4-91e6-6100d3d6c464</ref>  Eckhardt later made a public statement of her vote, stating that the rules were too permissive, allowing an Article to be dismissed beforehand by only a simple majority vote but requiring a 2/3 vote for affirmation, and further that the rules gave Patrick too much control over the proceedings (as Patrick and Paxton are political allies, Eckhardt sees it as a potential avenue for quick dismissal without the merits being heard and debated).

The senators who voted against the rules were (in addition to Senator Paxton) liberal senator Sarah Eckhardt (D-Austin) and conservative Senator Bob Hall (R-Edgewood).<ref>https://www.khou.com/article/news/local/texas/ken-paxton-impeachment-trial-rules/285-1a6ea7d6-3529-4ad4-91e6-6100d3d6c464</ref>  Eckhardt later made a public statement of her vote, stating that the rules were too permissive, allowing an Article to be dismissed beforehand by only a simple majority vote but requiring a 2/3 vote for affirmation, and further that the rules gave Patrick too much control over the proceedings (as Patrick and Paxton are political allies, Eckhardt sees it as a potential avenue for quick dismissal without the merits being heard and debated).