AG Ken Paxton calls for House Speaker Dade Phelan to resign over slurred speech

Video footage from before and after the clip show Phelan speaking in a clearer and less halting manner.

Paxton, who is himself under indictment on felony securities fraud charges and reportedly under investigation by the FBI on a separate matter, added that Phelan had “proven himself unworthy of Texans’ trust” and had “created a credibility crisis for all Republican candidates and for our entire Party.” (Paxton has denied all wrongdoingin his own criminal case and the FBI inquiry.)

In a statement, Phelan’s office characterized the attorney general's statement as politically motivated, pointing out that it coincided with a House General Investigating committee probe into Paxton.

In November 2020, Paxton was sued by four of his former aides who said he fired them in retaliation for reporting him to federal law enforcement for allegedly taking bribes and abusing the power of his office to help a friend and campaign donor. The parties reached a $3.3 million settlement in February; however, the Legislature has so far refused to fund it.

The House committee has been investigating “events tied to the firing of the whistleblowers in addition to Ken Paxton’s alleged illegal conduct” since March, said Phelan spokeswoman Cait Wittman. Phelan had been among the first to publicly oppose Paxton's request for state funds to cover his settlement with whistleblowers.

“The motives for and timing behind Paxton’s statement today couldn’t be more evident,” Wittman said.  “Mr. Paxton’s statement today amounts to little more than a last ditch effort to save face.”

The investigative committee is scheduled to hold a public hearing on the Paxton investigation at 8 a.m. Wednesday.

The whistleblowers’ lawyers have asked for the legal case, which is before the Texas Supreme Court, to continue if they do not receive the funding by the end of this legislative session, which ends May 29. Both a state district court and appellate court have ruled that the whistleblowers have the right to protection under the state’s whistleblower law.

Paxton files complaint against Phelan

Minutes after posting his accusations against Phelan, Paxton posted a picture of a complaint he filed to the House’s General Investigating Committee requesting an investigation.

Paxton did not offer any additional evidence that Phelan was intoxicated in the letter, nor his original statement, beyond an implied reference to the video.

Already this session, the investigating committee has initiated expulsion proceedings against a House member.

Earlier this month, the House voted to expel state Rep. Bryan Slaton, R-Royse City, upon the committee’s recommendation, after it found that he developed an inappropriate relationship with a 19-year-old legislative aide,whom he supplied with alcohol at his apartment where they later had sex.

There have long been nagging concerns about heavy drinking and a party culture at the Texas Capitol, where lawmakers frequently work into the late evening during the final weeks of session.

Former state Rep. Jonathan Stickland, a Republican from Bedford who was one of the most conservative members during his tenure, alluded to it in his response to the Phelan video on Twitter.

“Anyone who watches the #txlege House knows many of the members are regularly intoxicated,” said Stickland, who opposed Phelan’s speaker candidacy. “Watching the speaker be this wasted is absolutely unacceptable. These Representatives are making laws that impact 30 million Texans. It must stop.”

Paxton amplifies Phelan critics

Paxton’s call for Phelan to resign come amid the final days of the five-month legislative session, with the fate of most major bills, from property tax cuts to power grid reforms, still up in the air.

Phelan, a central player in negotiations with Lt. Gov. Dan Patrick and Gov. Greg Abbott over key items, has faced pressure from hardline conservatives throughout the session to prioritize more right-wing priorities.

Paxton echoed those sentiments in his call for Phelan to resign, citing the House’s failure to pass legislation “protecting the integrity of our elections” and “preventing Chinese spies from controlling Texas land.”

Paxton’s statement came as the House was preparing to pass a bill that would grant state officials sweeping oversight over elections in Harris County. Minutes earlier, the House had sent a bill to Abbott’s desk abolishing the county’s elections administrator post.

The bills were two of the few GOP-backed election proposals on track to pass this session, with the vast majority dying over the weekend after missing key legislative deadlines. Other bills had sought more ambitious election oversight for state officials and proposed stiffening legal penalties for election workers. Another would have allowed prosecutors in neighboring counties to prosecute election fraud if the local prosecutor declined.

Phelan is serving his second term as speaker after receiving near-unanimous support from the 150 House members. At the beginning of this session, state Rep. Tony Tinderholt, R-Arlington, made an unsuccessful grab for the seat in which he bemoaned Phelan’s continuation of longstanding House tradition to allow some Democrats to head committees.

Phelan succeeded Dennis Bonnen who was forced to resign in 2019 after he was caught on tape disparaging members on both sides of the aisle and calling for Republican primary challenges against colleagues.

Edward McKinley contributed to this report.

taylor.goldenstein@houstonchronicle.com

jasper.scherer@houston chronicle.com

This is a developing story. Check back for updates.