Attorneys for suspended Texas Attorney General Ken Paxton have asked that the majority of the articles of impeachment brought against him be dismissed arguing he cant be tried for alleged actions that took place before his current term . The move comes after the Texas House of Representatives impeached Paxton in May for alleged misconduct including allegations that he used his office to favor the interests of a prominent donor . Under the Texas Constitution Paxton is suspended from office while the matter is pending but would be reinstated if acquitted by the Senate . He has denied all charges and allegations and is also under indictment for securities fraud in a separate unrelated case . Texas Republican Gov. Greg Abbott has appointed former Texas Secretary of State John Scott as a temporary replacement while Paxton awaits his September impeachment trial . During the Senate impeachment trial the lieutenant governor will function as the judge and the senators will serve as jurors . A twothirds vote of those present would be required to convict Paxton . Paxton has said earlier this month he will not testify during the trial. He is also facing an FBI investigation for abuse of office and a separate case. s Rosa Flores contributed to this report . s RosaFlFlFlores contributed to the report . The report also reported that he has been appointed by Texas Republican Governor Greg Abbott to be a temporary substitute for Paxton. Texas Republican . Gov. Rick Perry has since resigned from the report. He has also said that he is also been appointed to the Report. The report. s. Greg Abcississ of the report that he was appointed by the report and said he has since said he is. The Texas State Attorney General. John Scott has said he would not testify to the Texas State House of Attorney Attorney General John Scott. The State of Attorney General