Eye on Politics: The impeachment trial of Ken Paxton and property tax relief
AUSTIN (CBSNewsTexas.com) - In this episode of Eye on Politics (original air date: June 22), political reporter Jack Fink covers new developments in the two major stories that have gripped the Texas Capitol for nearly one month: the pending impeachment trial of suspended Attorney General Ken Paxton and the ongoing and bitter political standoff between Governor Greg Abbott, Lt. Governor Dan Patrick, and House Speaker Dade Phelan over the most effective way to provide Texans property tax relief.
Every week, CBS News Texas political reporter Jack Fink breaks down some of the biggest political stories grabbing headlines in North Texas and beyond. Watch the latest episode of Eye on Politics in the video player above and stream new episodes live every Thursday and Friday at 2 p.m. and 7 p.m. on CBS News Texas.
Impeachment Trial of Ken Paxton
This week, the State Senate set the start of Paxton's impeachment trial for 9 a.m. Sept. 5 at the Texas Capitol.
Under the rules approved by Senators by a 25-3 margin, Paxton's wife, State Senator Angela Paxton, R-McKinney, can't be an active juror.
Appellate attorney David Coale of Dallas, who's not part of the case said, "She is not allowed to vote on any matter, so not just the ultimate vote, but any procedural point that comes up along the way. She is not allowed to participate in closed sessions where they have deliberation either about the ultimate verdict or about some other issue."
But state statute still requires Senator Paxton to be on the Senate floor during the trial.
While there will be one less Senator voting, only 30, her attendance means all 31 Senators will be counted as present.
That raises the two-thirds threshold needed to convict Paxton on each article of impeachment from 20 to 21 votes.
Coale said, "So the higher threshold, the harder it gets, and sometimes one vote is all the difference in the case. So it ends up with a slight procedural advantage for the Attorney General."
Senator Paxton, who was one of the three Senators who voted against the trial rules said in a statement Thursday, "These rules state that I am ineligible to vote on any matter, motion, or question before the Court, or to participate in deliberations. These same rules prohibit me from saying more about the proceedings."
Ken Paxton's lead lawyer, Tony Buzbee issued a statement saying, "Now that the senate has adopted the rules, we look forward to proving every count of this sham impeachment is baseless."
The attorneys hired by the Texas House to prosecute the case against Paxton, Rusty Hardin and Dick DeGuerin told CBS News Texas, "The rules the Senate has propounded for the impeachment trial of Attorney General Kenneth Paxton provide a fair trial for both sides. We look forward to presenting our case."
Attorney David Coale said he believes the Paxton impeachment trial will take weeks.
If Senators convict Paxton, they will also then decide whether to disqualify him from holding state office ever again.
Political standoff over property tax relief
The Texas Senate unveiled and passed a new bill in a little over an hour's time this week in an effort to resolve an ongoing and bitter dispute at the Capitol over how to reduce property taxes.
At a news conference Tuesday afternoon at the Capitol, Lt. Gov. Dan Patrick told reporters, "The Senate just passed the largest tax cut in the history of the world."
For weeks now, Patrick, Governor Greg Abbott, and House Speaker Dade Phelan have chastised each other's plans in news conferences, statements and tweets.
But the Lt. Gov. said he worked with Senate members over the weekend to develop a new bill that he hopes will be considered by the House in the remaining week of the special session called by the governor.
Senate Bill 26 provides a total of $18 billion in property tax relief.
That's $400 million more than previously budgeted but senators say the state has the money.
Most homeowners would see their homestead exemptions rise to $100,000, and the homestead exemption for homeowners over 65 would increase to $110,000.
Senators say that provides savings of nearly $2,600 to most homeowners for the first two years and nearly $3,000 in savings for the first two years for homeowners over 65.
Senator Royce West of Dallas said all Texans want this. "Lt. Gov. is right. This is Democrats and Republicans standing today here together. Yes, there have been issues in the past we have not agreed upon, but this we agree upon for all our constituents."
The new Senate bill also doubles the business franchise tax exemption to nearly $2.5 million.
The author of the bill, Senator Paul Bettencourt, R-Houston said, "That means 67,000 businesses no longer pay a franchise tax."
Now that the Senate has passed the bill, it would have to also be approved by the Texas House.
They approved their own legislation, favored by Abbott, weeks ago and then left town.
Like the Senate plan, it reduces property tax rates and replaces them with state revenues.
But unlike the Senate plan, the House plan does not include a provision to increase the homestead exemption.
Governor Abbott has said he would like the state to gradually eliminate property taxes that go toward paying for public schools and replace that with state revenues.
The Lt. Governor has said that is not realistic.
In a statement released Tuesday afternoon after the news conference, Abbott's Communications Director Renae Eze issued a statement saying, "The Governor has been clear that his goal is to put Texans on a pathway to eliminate their school M&O property taxes, and the best way to do that is to devote all property tax relief to cutting property tax rates. The Governor has also been clear that the only way a property tax bill gets to his desk is for the Texas House and Texas Senate to agree to a bill and get it to the Governor's desk, and he encourages the two chambers to work towards a solution."
Patrick said, "We want, in all sincerity, the Texas House to return and pass this bill. "I would ask Governor Abbott to take a serious look at this package and support the package."
Voters will have to go to the polls in November to raise the homestead exemption in the Texas Constitution.
If approved, the tax cuts will be retroactive and include this year.
But to get on the ballot, the House and Senate would need to agree on a bill and send it to the governor within six weeks from now.
Interviews
Jack interviewed both of Texas' U.S. Senators, Republicans John Cornyn and Ted Cruz who appeared in Dallas Tuesday morning.
Senators Cornyn and Cruz were invited by Dallas Mayor Eric Johnson to attend his inauguration and that of the city council.
Cornyn administered the oath of office to Johnson.
Jack spoke with both about why it was important for them to attend, along with the indictment of former President Donald Trump and other issues making headlines.
As we've reported, Senator Cruz is being challenged by Democratic Congressman Colin Allred of Richardson next year.
That's creating an open seat in the 32nd Congressional District.
This week, Jack spoke with State Representative Julie Johnson, D-Farmers Branch, who announced she's running for this Congressional seat.
Jack also interviewed Trauma Surgeon Dr. Brian Williams, who entered the Democratic primary weeks ago.