The conservative wing of the Texas House Republican Caucus scored symbolic victories last week, using the state budget process to force record votes on a series of motions—including one instructing negotiators to include back pay for Attorney General Ken Paxton, whose salary was withheld during his 2023 impeachment.
The motion, proposed by Rep. Mitch Little (R-Lewisville), called for restoring roughly $63,000 in salary lost during Paxton’s suspension from office while under impeachment. Though motions to instruct are nonbinding, Little’s effort received 88 votes in favor and 56 against—delivering a statement of support from much of the GOP caucus, as well as several Democrats.
“If we believe that not only politicians but regular citizens are entitled to the presumption of innocence,” Little told his colleagues, “we should truly believe that he should have been entitled to his salary during the course of his suspension.”
Among those backing the motion was former House Speaker Dade Phelan (R-Beaumont), who previously supported Paxton’s impeachment. Democrats who voted in favor included Reps. Terry Canales, Oscar Longoria, Christian Manuel, Sergio Muñoz, Richard Raymond, and Senfronia Thompson.
Still, critics pushed back on the symbolic move. Rep. Gene Wu (D-Houston) argued that Texas law clearly mandates salary suspension during impeachment. “What we're asking the body to do today is to vote to exempt one of our own from the laws of the state,” Wu said from the back microphone.
The back-pay instruction came during a House discussion to appoint budget conferees following the Texas Senate’s decision on Monday not to accept the House’s changes to the proposed state budget. That set the stage for the appointment of a conference committee—a standard legislative procedure to reconcile differing versions between chambers.
The House named Reps. Greg Bonnen (R-Friendswood), Mary González (D-El Paso), Stan Kitzman (R-Pattison), Angelia Orr (R-Hillsboro), and Armando Walle (D-Houston) as its conferees.
Little’s proposal echoed an earlier amendment he submitted last week, which had been moved into Article XI—a part of the budget often referred to as the “graveyard” where unfunded or symbolic amendments are sent to languish. His other amendment proposing a raise for staff at the Office of the Attorney General was cut down via a procedural maneuver by Rep. González, who had previously zeroed out the relevant funding stream, rendering the amendment moot.
Although many of the right flank’s budget priorities didn’t make it into the final draft, including efforts to increase property tax relief, those lawmakers successfully used “motions to instruct” to force recorded votes on contentious issues. While these motions don’t carry the force of law, they serve as political statements and provide ammunition for primary campaigns or policy debates.
Additional nonbinding motions passed with broad Republican support, including proposals to eliminate funding for the Texas Lottery, boost property tax relief by $4 billion, and require hospitals to report levels of uncompensated care provided to undocumented immigrants.
Notably, several Republicans who voted against Little’s back-pay motion had recently fended off primary challengers backed by Gov. Greg Abbott or other figures from the party’s hard-right, including Reps. Drew Darby (R-San Angelo), Charlie Geren (R-Fort Worth), Stan Lambert (R-Abilene), and Gary VanDeaver (R-New Boston).