GOVT 2302

The Texas Legislature – Constitutional Design

The Constitutional Design of the Texas Legislature

The Texas Legislature: Article Three of the Texas Constitution

You might want to also read the legislature’s entry in the Handbook of Texas Online.

Here is a link to the original wording of

Article 3 of the 1876 Constitution.

It had 58 Sections and

3,809 words

In the current version, the article contains 67 Sections and 29,557

words.

It contains language defining more clearly how the House and Senate

operate internally and how bills become laws.

Many provisions are very similar to those in the U.S. Constitution.

But many are not.

The article has been heavily amended since it was originally

ratified.

Some highlights

Section 1 contains the vesting clause

Section 2 establishes the size of each chamber – the U.S.

Constitution has no such language.

Sections 3 and 4 establish the term lengths for each chamber.

Section 5 establishes that the legislature meets every two years,

and establishes rules for the consideration of bills. None can be

considered for the first 30 days, but it states that the Governor can

declare certain bills “emergency matters” meaning that they can.

Sections 6 and 7 states the qualifications for Senators and

Representatives.

Sections 8 states that each chamber can judge the

qualifications of their members.

Section 9 establishes the position of Speaker and defines the powers

of the Lieutenant Governor.

Section 10 states that a 2/3rds quorum is necessary to conduct

business.

Section 11 allows each chamber to punish and expel members.

Section 12 mandates that each chamber keep a journal of its

proceedings.

Section 13 mandates that the Governor issue writs of elections if vacancies occur in either chamber.

Section 14 privileges members from arrest during the session.

Section 15 allows each chamber to punish members for disorderly

conduct.

Section 16 mandates that sessions be open to the public.

Section 17 concerns adjournments.

Sections 18 and 19 prevents members from holding other

government offices, and vice versa.

Section 20 places limits on tax collectors holding office.

Section 21 states that debates on the floor cannot be questioned in

any other place.

Section 22 prevents members who have a stake in an issue from

voting on it.

Section 23 reinforces the residency requirement.

Section 24 establishes the salary of members, allows them to receive a per diem rates when in session and

mandates that sessions be 140 days long.

Section 24a establishes the Texas Ethics Commission.

TEC: Texas TribuneTEC: Wikipedia

Section 25 concerns senatorial districts

Section 26 modifies how house districts are apportioned across

the state.

Section 27 states that elections for each chamber shall be the same

throughout the state.

Section 28 clarifies the apportionment process and

establishes the Legislative Redistricting Board.

LRB: Texas Tribune

Section 29 states that all laws begin with the phrase: "Be it

enacted by the Legislature of the State of Texas.“

This section begins a series that cover the details of the bill making

process in the state.

Full information about bills passed in the state can be found in the Legislative Reference Library’s

section on Bill Statistics.

The only bill that the legislature has to pass is the budget.

Section 30 states that laws must be passed in the form of bills.

Section 31 allows bills to originate in either chamber.

Section 32 states that bills have to be read on three several days in

each chamber.

Section 33 mandates that revenue bills begin in the House.

Section 34 bills once defeated, cannot be reintroduced that

session.

Section 35 bills can only contain one subject.

Section 36 concerns the revision of laws.

Section 37 states that bills must be reported out of committee at least 3 days before the adjournment of

the legislature.

Section 38 mandates that bills passed by each chamber be signed

by the presiding officer of each chamber.

Section 39 states that laws passed by the legislature go into effect 90 days after the end of the session.

Section 40 states that special sessions can only focus on the

subject the legislature was called to consider.

Section 41 states that all votes – except for those for officers – shall be by voice vote. Votes for Speaker

are by secret ballot.

Section 42 was repealled

Section 43 modifies the process for revising laws.

Section 44 concerns compensation for all officers not covered in the

Constitution.

Section 45 allows for changes of venue in criminal and civil cases.

Section 46 States that all fees must be collected uniformly.

Section 47 allows for laws to be passed regarding lotteries and

regulating bingo games.

Section 48 has been repealed with the exception of a section relating

to emergence service, and jail districts.

Section 49 prohibits the states from creating debt unless due to

certain circumstances described in the section.

Section 49a requires the Comptroller of Public Accounts to

provide to the Governor and Legislature an accounting of the financial condition of the state

prior to each session.

Section 49b establishes the Veteran’s Land Fund and the Veteran’s Housing Assistance

Fund.

Section 49c establishes that Texas Water Development Board.

Section 49d (the longest in the article) concerns Water Development Board and

authorizes the sale of bonds for that purpose.

Section 49e concerns the Texas Park Development Fund

Section 49f provides for bonds to be sold to provide assistance for the purchase of farm and ranch

land.

Section 49g was initially intended to provide funding for the

Superconducting Super Collider.

Section 49g now concerns the Economic Stabilization Fund (

the Rainy Day Fund).

Section 49h allows for bonds to be sold to build prisons and mental

health facilities.

Section 49i allows for bonds to be sold to establish the Texas

Agricultural Fund.

Section 49j places limits on additional state debt beyond what

is allowed in the preceding sections.

Section 49k establishes the Texas Mobility Fund.

Section 49l allows for assistance for building roads to serve

colonias.

Section 49m and n allows for funding highway projects as well as

projects aimed at benefiting defense related communities.

Section 49o allows for funding the Texas Rail and Relocation

Improvement Fund.

Section 49p allows for additional highway construction projects.

Section 50 limits the ability of the state to provide credit and related

assistance.

Section 50a allows for the creation of the State Medical Educational

Board.

Sections 50b-4, 5 and 6 allow for student loans

Sections 50c, d, e, f and g provide for loans related to agriculture and

maintenance and repair

Section 51 prevents the legislature form making grants to individuals

or corporations

Sections 51a – g authorize various forms of assistance

Sections 52 a – k concern the relationship between the state and

smaller, local governments.

Section 53 prevents the state from granting the power to grant extra

fees and compensation after services have been rendered.

Section 55 prevents the state from negating indebtedness on the part

of an individual or corporation

Section 56 places limits on the local laws and special that can be

passed by the legislature

Section 57 states that local laws passed by the legislature cannot be passed unless notice is given in the

locality affected by the law.

Section 58 states the seat of government is Austin

Sections 59 and 60 allows for the establishment of Workers’ Compensation Insurance.

Section 61a establishes minimum salaries for executive office

holders.

Section 62 relates to the continuity of state and local government in

the event of a disaster.

Section 63 was repealed

Section 64 allows for the consolidation of governmental

offices within a county.

Section 65 places a limit on the interest rates on bonds issued by

the state.

Section 66 places limits on liability for noneconomic damages

Section 67 allows for the establishment of and funding for

the Cancer Prevention and Research Institute of Texas