TXCONSTITITUTION STUDY GUIDE

8/7/2019 TXCONSTITITUTION STUDY GUIDE

http://slidepdf.com/reader/full/txconstititution-study-guide 1/82

The San Jacinto Constitutional Study Group’s

Version of

The

Texas

Constitution

Study Guide



Texas Constitution

State of Texas Constitution

Table of Contents

Preface ………………………………………………………………. Pg. 9

Preamble ……………………………………………………………. Pg. 10

Article I Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 10

Section 1. Texas Free and Independent . . . . . . . . . . . . . . . . . . . . . . . . Pg. 10Section 2. Political Power Inherent in the People . . . . . . . . . . . . . . . . Pg. 10Section 3. Equal Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 11Section 3a. Equality; Sex, Race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 11Section 4. No Religious Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 11Section 5. Witnesses; Religion, Oath . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 11Section 6. Freedom of Worship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 11Section 7. No Appropriation for Sectarian Purposes . . . . . . . . . . . . . . Pg. 11Section 8. Freedom of Speech and Press . . . . . . . . . . . . . . . . . . . . . . . Pg. 11Section 9. Searches and Seizures . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 12

Section 10. Rights of Criminal Defendants . . . . .. . . . . . . . . . . . . . . . Pg. 12Section 11. Bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. . . Pg. 12Section 11-a. Denial of Bail . . . . . . . .. . . .. . . . . . . . . . . . .. . .. . . . . . Pg. 12Section 12. Habeas Corpus . . . . . .. . . . . . . . . . . . . . . . . . . . . ... .. . . Pg. 13Section 13. Excessive Bail; Open Courts . .. .. . ................................... Pg. 13Section 14. No Double Jeopardy . . . . . . . . . .. . .. . . . . . . . . . . . . . . ... Pg. 13Section 15. Trial by Jury . . . . . . . . . . . .. . . .. . . ... . .. . . .. . . . . . . . . . Pg. 13Section 15a. Evidence for Commitment; Appeal . . . . . . . . . . .. . . ... . Pg. 14Section 16. No Ex Post Facto Laws . . . . . . ... . . . . . ... . . ... .. .. .. . ... Pg. 14Section 17. Takings for Public Use . . . . . . . . .. . . . . ... .... .. .... .. .. . . Pg. 14Section 18. No Imprisonment for Debt . . . .. . . ... . . . . . .. . . . . . . . .. Pg. 14Section 19. Due Course of Law . . . . . .. .. .. .. . ... . . .. . . .. .. . . . . . . Pg. 14Section 20. No Outlawry or Transportation for Offense . . . . . .. . .. ... . Pg. 14

Section 21. No Corruption of Blood . . . . . . . . . ... .. . . . . . . . . . . . . . Pg. 15Section 22. Treason . . . . . . . . .. . .. . ... . .. . . . . .. . . .. . . . . . . . . . . . Pg. 15Section 23. Right to Keep and Bear Arms . . . . . .. . . . . . . . . . . .. . . . Pg. 15Section 24. Subordination of Military . . . . . . .. . . . . . . . . . .. .. ... . . . Pg. 15Section 25. Quartering Soldiers . . . . .. . . .. .. . . . . . . . . . . .. . . . . . . . Pg. 15Section 26. No Perpetuities or Monopolies . . .. . . .. . . . . . . . . . ... . . . Pg. 15Section 27. Right of Assembly . . . . . . . .. . . . . . . . . . . .. . . . . . . .. . . . Pg. 15Section 28. Suspension of Laws . . . . . .. . . .. . . .. . . . . . . .. . . . .. . . . Pg. 15Section 29. Bill of Rights Inviolate . . . . . ... . . . . . . . . . . . . . . . . . . . Pg. 16Section 30. Rights of Crime Victims . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 16

Article II The Power s of Government . .. . . . . . . . . . . . . . . . . . . . . .. . Pg. 16

Section 1. Division of Governmental Power s . . . . . . . . . . . . . . . . . . . Pg. 16

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Article III Legislative Department . . . . . . . . . . . . . . . . . . . . . . . . . . .. Pg. 17

Section 1. Legislature Composed of Senate and House of Representatives . . Pg. 17Section 2. Number of Senators and Representatives . . . . . . . . . . . . . . Pg. 17Section 3. Election and Term of Office of Senators . . . . . . . . . . . . . . . Pg. 17Section 4. Election and Term of Office of Representatives . . . . . . . . Pg. 17Section 5. Sessions of Legislature . . . . . . . . . . . . . . . . . . . . . . . . . .. Pg. 17Section 6. Qualifications of Senators . .. . . . . . . . . . . . . . . . . . . . . . Pg. 18Section 7. Qualifications of Representatives . . . . . . . . . . . . . . . . . . . Pg. 18

Section 8. Each House is Judge of Qualifications . . . . . . . . . . . . . . . Pg. 18Section 9. President Pro Tempore of Senate; Speaker of the House . . . Pg. 18Section 10. Quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pg. 18Section 11. Rules of Procedure .......................................................... Pg. 19Section 12. Journals of Proceedings ................................................... Pg. 19Section 13. Vacancies in Legislature ................................................. Pg. 19Section 14. Legislators Privileged from Arrest ................................... Pg. 19Section 15. Disrespectful or Disorderly Conduct ................................ Pg. 19Section 16. Sessions to be Open ......................................................... Pg. 19Section 17. Adjournments .................................................................. Pg. 19Section 18. Legislators Ineligibility for Other Office .......................... Pg. 19Section 19. Officers Ineligible as Legislators ..................................... Pg. 20Section 20. Persons Entrusted With Public Money Ineligible .............. Pg. 20

Section 21. Words Spoken in Debate .................................................. Pg. 20Section 22. Disclosure of Interest in Bill ............................................. Pg. 20Section 23. Vacancy Upon Moving of Legislator ................................ Pg. 20Section 24. Compensation Legislators; Sessions ................................. Pg. 20Section 24-a. Texas Ethics Commission .............................................. Pg. 21Section 25. Senatorial Districts ........................................................... Pg. 21Section 26. Apportionment of Representatives .................................... Pg. 22Section 26-a. Counties with more than Seven Representatives ............. Pg. 22Section 27. Election of Legislators ...................................................... Pg. 22Section 28. Apportionment After Decennial Census ........................... Pg. 22Section 29. Enacting Clause .............................................................. Pg. 23Section 30. No Change in Purpose of Bill ......................................... Pg. 23Section 31. Bills May Originate in Either House ............................... Pg. 23

Section 32. Three Readings; Exception ............................................. Pg. 23Section 33. Revenue Bills .................................................................. Pg. 23Section 34. No Reconsideration of Defeated Bills and Resolution ....... Pg. 23Section 35. Subject of Bills ................................................................. Pg. 23Section 36. No Revival or Amendment by Reference .......................... Pg. 24Section 37. Reference of Bills to Committee ....................................... Pg. 24Section 38. Signing by Presiding Officer ............................................ Pg. 24Section 39. No Law to Take Effect for Ninety Days; Exception .......... Pg. 24Section 40. Special Sessions ............................................................... Pg. 24Section 41. Votes to be Viva Voce ...................................................... Pg. 24Section 43. Revision and Publication of Laws .................................... Pg. 25Section 44. Compensation of Public Officers ...................................... Pg. 25Section 45. Changes of Venue ............................................................ Pg. 25Section 50. No Loan or Pledge of Credit of State …………………….. Pg. 25Section 51. No Grants of Public Money to Individuals, Private Corporations …. Pg.25Section 51-c. Compensation to Persons Improperly Fined or Imprisoned ………Pg. 26Section 55. No Release or Extinguishment of Debt …………………… Pg. 26

Article III Legislative Department (Cont.)

Section 56. Restrictions on Local and Special Laws ………………….. Pg. 26

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Section 57. Notice of Local or Special Laws ………………………….. Pg. 27Section 62. Suspension of Rules in Emergency ………………………. Pg. 27Section 63. Consolidation of Governmental Functions in Counties of 1,200,000 or More ………. Pg. 28Section 64. Consolidation of Governmental Functions in Any County ………… Pg. 28

Article IV Executive Departments ……………………………………Pg. 29

Section 1. Officers of the Executive Department ……………………… Pg. 29

Section 2. Election of Executive Officers ………………………………Pg. 29Section 3. Elections ……………………………………………………. Pg. 29Section 3a. Succession ………………………………………………… Pg. 29Section 4. Swearing in of Governor; Qualifications ………………….. Pg. 30Section 5. Compensation of Governor ………………………………… Pg. 30Section 6. Governor May Hold No Other Office ……………………… Pg. 30Section 7. Governor as Commander-in-Chief ………………………… Pg. 30Section 8. Governor May Convene Legislature ……………………….. Pg. 30Section 9. Governor's Address ………………………………………….Pg. 30

Section 10. Governor Shall Cause Execution of Laws ……………… Pg. 31

Section 11. Pardons and Paroles ………………………………………. Pg. 31Section 11a. Suspension of Sentences ………………………………… Pg. 31Section 11b. Criminal Justice ………………………………………….Pg. 31

Section 12. Vacancies in State or District Offices to be Filled by Appointment …………Pg. 32Section 13. Governor's Residence …………………………………….. Pg. 33Section 14. Presentation for Approval of Governor; Bills …………….. Pg. 33Section 15. Presentation for Approval of Governor; Orders, Resolutions, or Votes …….. Pg. 33Section 16. Lieutenant Governor ……………………………………… Pg. 33Section 18. Restrictions after Succession ……………………………… Pg. 34Section 19. State Seal …………………………………………………. Pg. 34Section 20. Commissions in the Name of the State …………………… Pg. 34Section 21. Secretary of State …………………………………………. Pg. 34Section 22. Attorney General …………………………………………. Pg. 34Section 23. Terms of Comptroller; Commissioner of General Land Office ……. Pg. 34Section 24. Accounts of Public Moneys ………………………………. Pg. 35Section 25. Investigation of Custodians of Pubic Funds ……………… Pg. 35

Section 26. Notaries Public …………………………………………….Pg. 35

Article V Judicial Department ………………………………………. Pg. 35

Section 1. Judicial Power ……………………………………………… Pg. 35Section 1-a. Retirement; Commission on Judicial Conduct and Compensation ………… Pg. 36Section 2. Supreme Court Justices/A> ……………………………….. Pg. 39Section 3. Supreme Court Jurisdiction ……………………………….. Pg. 39Section 3-a. Terms of Court …………………………………………… Pg. 40Section 3-b. Appeal of Injunctions ……………………………………. Pg. 40Section 3-c. Certified Questions ………………………………………. Pg. 40Section 4. Court of Criminal Appeals Judges …………………………. Pg. 40

Section 5. Court of Criminal Appeals Jurisdiction ……………………. Pg. 40

Article V Judicial Department (Cont.)

Section 6. Courts of Appeals ……………………………………………Pg. 41Section 7. Judicial Districts and District Judges ……………………….Pg. 41Section 7a. Judicial Districts Board ……………………………………Pg. 42

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Section 8. District Court Jurisdiction …………………………………..Pg. 43Section 9. District Court Clerk …………………………………………Pg. 43Section 10. Right to Trial By Jury………………………………………Pg. 43Section 11. Disqualification of Judges ………………………………….Pg. 43Section 12. Judges as Conservators of the Peace; Indictments and Informations vest Jurisdiction…………. Pg. 44Section 13. Number of Jurors …………………………………………..Pg. 44Section 15. County Court; Judge ……………………………………….Pg. 44Section 16. Jurisdiction of County Courts …………………………….. Pg. 44Section 17. Prosecutions in County Courts ……………………………. Pg. 45

Section 18. Division of Counties into Precincts ………………………. Pg. 45Section 19. Justices of the Peace ………………………………………. Pg. 46Section 20. County Clerk………………………………………………. Pg. 46Section 21. County and District Attorneys ……………………………. Pg. 46Section 23. County Sheriff …………………………………………….. Pg. 47Section 24. Removal of County Officers ……………………………….Pg. 47Section 26. Appeal by State in Criminal Cases ………………………...Pg. 47Section 27. Transfer of Cases …………………………………………. Pg. 47Section 28. Vacancies …………………………………………………. Pg. 47Section 29. Terms of County Courts ……………………………………Pg. 47Section 30. Terms of Judges with County-Wide Jurisdiction and District Attorneys …………….. Pg. 48Section 31. Court Administration …………………………………….. Pg. 48

Article VI Suffrage …………………………………………………… Pg. 48

Section 1. Persons Not allowed to Vote ……………………………….. Pg. 48Section 2. Qualifications ………………………………………………. Pg. 48Section 2a. Exceptions to Residency Requirements ……………………Pg. 49Section 3. Municipal Elections …………………………………………Pg. 49Section 3a. Qualifications to Vote on bond Issues …………………….. Pg. 49Section 4. Prevention of Voting Fraud …………………………………Pg. 50Section 5. Voters Privileged from Arrest ……………………………… Pg. 50

Article VII Education …………………………………………………Pg. 50

Section 1. Support of Public Schools ………………………………… Pg. 50Section 2. Public School Fund ……………………………………….. Pg. 50Section 2A. Release of Claim ………………………………………… Pg. 50Section 3. Taxes for Schools ………………………………………….. Pg. 51Section 3-b. Change in District Boundaries ……………………………Pg. 52Section 4. Sale of School Fund Land …………………………………. Pg. 52Section 4A. Application for Patent of School Fund Land ……………. Pg. 52Section 5. Composition and Use of Permanent School Fund ………… Pg. 53Section 6. County School Land ……………………………………….. Pg. 53Section 6a. Taxation of County School Land …………………………. Pg. 54

Article VIII Taxation ……………………………………………….. Pg. 54

Section 1. Taxes to be Equal and Uniform ……………………………. Pg. 54Section 1-a. No State Ad Valorem Tax ……………………………….. Pg. 55Section 1-b. Homestead Exemption ……………………………………Pg. 55Section 1-e. No State Ad Valorem Taxes ………………………………Pg. 57

Section 3. all Taxes by General laws ………………………………… Pg. 57

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Section 4. Power to Tax Corporations ………………………………… Pg. 57Section 6. Appropriations …………………………………………….. Pg. 57Section 7. No Borrowing From Special Funds ……………………….. Pg. 57Section 7-a. Motor Vehicle Registration Fees ………………………….Pg. 57Section 7-b. Revenues From Federal Government For Public Roadways ……….Pg. 58Section 9. Maximum Tax Rate …………………………………………Pg. 58Section 10. Release From Taxes ………………………………………. Pg. 58Section 11. Place of Assessment and Payment of Taxes ……………….Pg. 58Section 13. Sales of Property for Taxes ……………………………….. Pg. 59

Section 14. Tax Assessor ……………………………………………… Pg. 59Section 15. Assessment as Lien for Taxes …………………………….. Pg. 60Section 16. Tax Assessor in Counties Having 10,000 or More Inhabitants ……………... Pg. 60Section 16a. Tax Assessor in Counties Having Less Than 10,000 Inhabitants …………. Pg. 60Section 17. Specification of Subjects Not Limitation of Legislature's Power …………….. Pg. 60Section 18. Equalization of Property Valuations………………………. Pg. 60Section 19. Exemption of Farm Products and Family Supplies ………. Pg. 61Section 19-a. Exemption of Implements of Husbandry ………………. Pg. 61Section 20. Assessments Limited to Market Value …………………… Pg. 61Section 21. Increases in Property Taxes ……………………………… Pg. 61Section 22. Growth of Appropriations ………………………………… Pg. 62Section 23. No Statewide Appraisal of Property ……………………….Pg. 62Section 24. Vote Required for Personal Income Tax …………………. Pg. 62

Article XI Municipal Corporations …………………………………. Pg. 63

Section 1. Counties as Legal Subdivisions ……………………………. Pg. 63Section 2. Construction of Jails, Court-houses, Bridges and Roads…… Pg. 63Section 3. Investment in Private Corporations…………………………Pg. 64Section 4. Charter , Taxes of Cities and Towns with Population of 5,000 or Less ……….Pg. 64Section 5. Charter , Taxes of Cities and Towns with Population of More than 5,000 Population …………. Pg. 64Section 6. Taxes to Pay Indebtedness………………………………….. Pg. 64Section 7. Taxes for Sea Walls, Breakwaters and Sanitation ………… Pg. 64Section 8. State Aid for Construction of Sea Walls or Breakwaters …. Pg. 65Section 9. Exemption of Property from Taxation and Forced Sale……. Pg. 65

Article XII Private Corporations………………………………………Pg. 65

Section 1. Creation Only by General laws ……………………………. Pg. 65Section 2. General laws to be Enacted for Creation of Private Corporations ….. Pg. 65

Article XIV Public Lands and Land Office ………………………….. Pg. 65

Section 1. General Land Office ………………………………………. Pg. 65

Article XV Impeachment …………………………………………….. Pg. 66

Section 1. House of Representatives to Have Power of Impeachment… Pg. 66Section 2. Trial by Senate……………………………………………… Pg. 66Section 3. Concurrence Required for Impeachment ………………….. Pg. 66Section 4. Effect of Judgment of Impeachment ……………………….. Pg. 66Section 5. Suspension from Office Pending Impeachment …………….Pg. 66Section 6. Removal District Judges …………………………………… Pg. 66Section 7. Legislature to Provide for Removal of Other Officers……… Pg. 66Section 8. Removal of Judges by Governor……………………………. Pg. 67Section 9. Removal of Officers Appointed by Governor ……………… Pg. 67

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Article XVI General Provisions ……………………………………… Pg. 67

Section 1. Oath of Office ……………………………………………… Pg. 67Section 2. Exclusion From Office for Offenses ……………………….. Pg. 68Section 5. Bribery as Disqualification to Hold Office ………………….Pg. 68Section 6. Expenditures Related to Handicapped ………………………Pg. 68Section 8. County Poor Houses ……………………………………….. Pg. 69Section 9. Effect of Absence for Public Business on Residency ……….Pg. 69

Section 10. Neglect of Duty to Cause Deductions From Salary ………..Pg. 69Section 11. Usury ……………………………………………………….Pg. 69Section 12. Members of Congress are Ineligible to Hold Public Office.. Pg. 69Section 14. Residence of Civil Officers…………………………………Pg. 70Section 15. Community Property ……………………………………… Pg. 70Section 16. Banks ……………………………………………………… Pg. 70Section 17. Succession of Public Officers …………………………….. Pg. 71Section 18. No Divestiture by Adoption of Constitution ……………… Pg. 71Section 19. Qualifications of Jurors ………………………………….. Pg. 71Section 20. Regulation of Alcoholic Beverages ………………………. Pg. 71Section 21. Contracts for Pubic Printing and Binding ……………….. Pg. 72Section 22. Fence Laws ……………………………………………….. Pg. 72Section 23. Regulation of Livestock and Brands ……………………… Pg. 72

Section 24. Use of Fines and Convict Labor for Roads and Bridges …. Pg. 72Section 25. No Drawbacks or Rebatements to Common Carriers ……. Pg. 73Section 26. Civil Liability for Homicide ……………………………… Pg. 73Section 27. Elections to Fill Vacancies for Unexpired Term Only …… Pg. 73Section 28. No Garnishment of Wages; Exception …………………… Pg. 73Section 31. Qualifications for the Practice of Medicine ………………. Pg. 73Section 33. Limitation of Pay for Persons Holding More than One Office …….. Pg. 73Section 37. Mechanics', Artisans' and Materialmen's Liens …………. Pg. 73Section 39. Historical Memorials ………………………………………Pg. 74Section 40. Holding More Than One Office ………………………….. Pg. 74Section 41. Bribery ……………………………………………………. Pg. 74Section 43. No Exemption From Public Duty by Special Law …………Pg. 74Section 47. Objection to Bearing Arms ……………………………….. Pg. 75

Section 48. Continuity of Laws Under Constitutions …………………. Pg. 75Section 49. Property Exempt for Execution ………………………….. Pg. 75Section 50. Homesteads ……………………………………………….. Pg. 75

Article XVI General Provisions (Cont.)

Section 51. Amount of Homestead ……………………………………. Pg. 75Section 52. Descent of Homestead ……………………………………. Pg. 76Section 53. Effect of Adoption of Constitution on Process and Writs… Pg. 76Section 56. Dissemination of Information Concerning Texas Resources………. Pg. 76Section 59. Conservation of Natural Resources……………………….. Pg. 76Section 61. Basis of Compensation of District, County and Precinct Officers….. Pg. 77Section 64. Terms of Offices of District, County and Precinct Officers………… Pg. 78Section 65. Transition From Two Year to Four Year Terms………….. Pg. 78Section 65A. Term of Fort Bend County District Attorney…………… Pg. 79Section 66. Retirement for Texas Rangers…………………………….. Pg. 79Section 67. Retirement Systems ………………………………………. Pg. 79Section 68. Assessments by Agricultural Producers' Associations……. Pg. 80Section 69. Approval of Expenditure or Emergency Transfer of Appropriations…………Pg. 81

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Section 70. Texas Growth Fund ………………………………………. Pg. 82Section 71. Texas Product Development and Small Business Funds….. Pg. 83

Article XVII Mode of Amending the Constitution of This State…….. Pg. 84

Section 1. Proposition by Legislature; Approval by Voters……………. Pg. 84Section 2. Constitutional Convention…………………………………. Pg. 84

INDEX ……………………………………………………………… Pg. 86

Preface:

This is just a taste of the amended Texas Constitution of 1876 which all Free Peopl

should know by heart. This is the second most important document, that you should kno

the first being the Constitution for the United States of America.

You were not taught this in school and your parents would not believe what some hsaid, that the Constitution for the United States of America was suspended March

1933. The Reconstruction Act, after the Civil War, brought fourthall laws that w

established prior to the Civil War, which makes them still in force today.

If you go to Austin and stand in the main lobby of the Capital, you will see the emb

Seal of the Republic of Texas located on the floor. This building was made in 1878 w

the State of Texas was supposedly established, after 1868. Ask yourself why the State

Texas seal is not located in the floor of the Capital instead of the Republic of Tex

Why can the flag of Texas fly at the same height as the U.S. Flag, if Texas is j

another State in the Union?

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You must learn what the difference of Defacto and Dejure is. We are under a Defa

state of government and the Dejure state of government is there waiting for the Peo

to awaken.

What this Study Guide is supposed to do, isresurrect knowledge that was once known

the Texas Constitution which will bring back Life to this great document.

You should read this as you would a contract. Knowing what our Public Servants are

are not supposed to do, will keep the sovereign on guard, if the servants overstep thauthority. Freedom is not free! You must earn your freedom by eternal vigilance.

The Study Guide is not the complete Texas Constitution. This was done only as

reference to learn the more important items which may involve your daily lives. Wo

that are colored, larger, bolder and underlined words are there only to point

certain items in the Constitution. The footnotes will be very helpful in your study.

Please do more research and check out everything that you are in doubt about. There

no guarantee as to the accuracy of this typed document, and there may be some mistake

Remember that all elected and appointed Officials of Texas agencies should have tak

the Oath to uphold the Constitution and probably, they have never read it. Find out

they did. Ask them questions about it at meetings. Give them a copy of this docume

Let them know that it is a crime to knowingly or unknowingly pass a law that

unconstitutional, after they have took an Oath to uphold it. What is the crime

1.PERJURY (they lied under oath, if they swore an oath), 2.TREASON (gives comfort to t

enemy of the people).

Work on your Texas government officials to eliminate all rules and regulations tha

not sanctioned by the Texas Constitution. Get in the habit of asking for the

Regulatory Authority to do any acts against you. Remember, everylaw that has any effe

on you must, 1) Be enacted by the Legislature, 2)Authenticated by the Secretary

State, and 3) Published in the Texas Register. If any of these steps are left out, t

law has no legal effect on you.

Why, inside most Courts, do they have a flag withfringes around it? What is meant

Sovereign ? What is Quiet Title ? There is a movement to bring back true Freedom. If yowill search, you will find. Don’t act like deceived sheep and let them pull the w

over your eyes. Find or Start a Constitutional Study group in your area.

Study--Research--Study--Research--Study--Research--Study--Research

CONSTITUTION

OF THE

STATE OF TEXAS1876

PREAMBLE

Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.

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ARTICLE I

BILL OF RIGHTS

That the general, great and 1essential principles of liberty and free government may be recognized and established, we declare: Section 1. Freedom and Sovereignty of State

Section 1. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of o

free institutions and the 2perpetuity of the Union depend upon the preservation of the right of local self -government, unimpaired

all the States.

Section 2. Political Power Inherent in the People

Section 2. 3All political power is inherent in the people, and all free governments are founded on 4their authority, and institut

for their benefit. The faith of the people of Texas stands pledged to the preservation of a 5republican form of government, an

subject to this limitation only, they have at all times the 6inalienable right to alter, reform or abolish their government in su

manner as they may think expedient.

Section 3. Equal Rights

Section 3. all free men, when they form a 7

social compact, have equal rights, and no man, or set of men, is entitled to 8

exclusiseparate public 9emoluments, or privileges, but in consideration of public services.

Section 3a. Equality; Sex, Race

Section 3a. Equality under the law shall not be denied or 10 abridged because of sex, race, color , creed, or national origin. Th

amendment is self-operative.

Section 4. No Religious Test

Section 4. No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall a

one be excluded from holding office on account of his religious 11sentiments, 12provided he acknowledge the existence ofSupreme Being.

Section 5. Witnesses; Religion, Oath

Section 5. No person shall be disqualified to give evidence in any of the Courts of this State on account of his religio

1 That which is necessary and is incapable of removal without destroying the thing itself.2 To make the Union everlasting.3 Not some but ALL. It can not be given to anywhere, anyhow, anyway, anything or by anyone else. Period.4 The Free sovereign people and their descendents, which created the government.5 Not Democratic.6 Rights which can not be taken away.7 Rules to live by, Do unto others as you would have them do to you.8 To have to themselves only.9 Compensation or an advantage.10 To be Deprived of being equal.11 Emotion, feeling or opinion.12 A good thing to ask a Judge or any Public Servant, to see if he should keep his possession.

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opinions, or for the want of any religious belief, but 13all oaths or affirmations shall be administered in the mode most bindin

upon the conscience, and shall be taken subject to the pains and penalties of 14perjury.

Section 6. Freedom of Worship

Section 6. All men have a natural and 15indefeasible right to worship Almighty God according to the dictates of their ow

consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against h

consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty

the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoymeof its own mode of 16public worship.

Section 7. No Appropriations for Sectarian Purposes

Section 7. No money shall be 17appropriated, or drawn from the Treasury for the benefit of any sect, or religious societ

theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.

Section 8. Freedom of Speech and Press

Section 8. Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for thabuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for t

publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper f

public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right

determine the law and the facts, under the direction of the court, 18as in other cases.

Section 9. Searches and Seizures

Section 9. The people shall be secure in their persons, houses, papers and possessions, from all 19unreasonable seizures

searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as m

be, nor without probable cause,20

supported by oath or affirmation.

Section 10. Rights of Criminal Defendants

Section 10. In all criminal prosecutions the accused shall have a speedy 21public trial by an 22impartial jury. He shall ha

the right to demand the 23nature and 24cause of the accusation against him, and 25to have a copy thereof. He shall not be compell

13 Not some but ALL.14 A Violation of the Texas Penal Code Sec. 37.03, which is a Felony of the Third Degree – “Aggravated Perjury”.15 Not capable of being annulled or avoided or undone.16 If not Open to the Public then it need not be protected.17 Taken without authority.18 This statement gives the Jury the Authority to Rule on the Law, as being Morally Right, as well as the Facts of the Case, nomatter what the Judge may say. If you feel in your heart that the Law is unfair or not right, you have the authority of the TexasConstitution, to find the defendant, Not Guilty, no matter if he did the act.19 It is not Reasonable if the act could be done, without violating someone’s Rights or it is not Reasonable if the act should nothave been done in the first place. It is not Reasonable if established procedures are violated in the act.20 The act is unlawful unless the pains and penalty of perjury can be used as a complaint of a wrongful action.21 The trial is Open to the Public.22 Treating all Equally.23 Common Law, Admiralty Law, Maritime Law or some other Law is the Nature of the Court.24 Whether it is a Criminal or Civil violation is the Cause of the Action.25 Have a copy of the Complaint.

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to give evidence against himself, and shall have the right of being heard by himself or 26counsel, or both, shall be confront

by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witne

resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the Sta

shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature m

hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except

cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in casarising in the army or navy, or in the militia, when in actual service in time of war or public danger.

Section 11. Bail

Section 11. all prisoners shall be bailable by sufficient 27sureties, unless for 28capital offenses, when the proof is evident; b

this provision shall not be so 29construed as to prevent bail after indictment found upon examination of the evidence, in su

manner as may be prescribed by law.

30 Section 11a. Denial of Bail

Section 11a. (a) Any person (1) accused of a felony less than capital in this State, who has been theretofore twice convicted o

felony, the second conviction being subsequent to the first, both in point of time of commission of the offense and convictiotherefor, (2) accused of a felony less than capital in this State, committed while on bail for a prior felony for which he has beeindicted, (3) accused of a felony less than capital in this State involving the use of a deadly weapon after being convicted of a pri

felony, or (4) accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the Staor a political subdivision of the State for a prior felony, after a hearing, and upon evidence substantially showing the guilt of taccused of the offense in (1) or (3) above, of the offense committed while on bail in (2) above, or of the offense in (4) abovcommitted while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prifelony, may be denied bail pending trial, by a district judge in this State, if said order denying bail pending trial is issued withseven calendar days subsequent to the time of incarceration of the accused; provided, however, that if the accused is not accordedtrial upon the accusation under (1) or (3) above, the accusation and indictment used under (2) above, or the accusation or indictme

used under (4) above within sixty (60) days from the time of his incarceration upon the accusation, the order denying bail shabe automatically set aside, unless a continuance is obtained upon the motion or request of the accused; provided, further, that t

right of appeal to the Court of Criminal Appeals of this State is expressly 31accorded the accused for a review of any judgment

order made hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.

(b) In this section:(1) "Violent offense" means:

(A) murder;(B) aggravated assault, if the accused used or exhibited a deadly weapon during the Commission of the assault;(C) aggravated kidnaping; or (D) aggravated robbery.

(2) "Sexual offense" means:(A) aggravated sexual assault;(B) sexual assault; or (C) indecency with a child.

Section 12. Habeas Corpus

Section 12. The 32writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws

26 An advisor and not a Lawyer or Attorney.27 One who becomes liable for a debt if the accused does not show up for trial or cannot pay the fine, if found guilty.28 Felonies.29 To understand in a certain way.30 Amendment added in 1956 and amended in 1977 and amended and added to in 1993.31 To arrive a an agreement, like a plea bargain.32 A Document requesting the release of a individual from unlawful imprisonment.

12



render the 33remedy speedy and effectual.

Section 13. Excessive Bail; Open Courts

Section 13. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. acourts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have reme

by 34due course of law.

Section 14. No Double Jeopardy

Section 14. No person, for the same offense, shall be twice put in 35jeopardy of life or liberty, nor shall a person be again p

upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.

36 Section 15. Trial by Jury

Section 15. The right of 37trial by jury shall remain 38inviolate. The Legislature shall pass such laws as may be needed

regulate the same, and to maintain its purity and efficiency. Provided, that the Legislature may provide for the temporacommitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period of time nto exceed ninety (90) days, by order of the County Court without the necessity of a trial by jury.

39 Section 15-a. Evidence for Commitment; Appeal

Section 15-a. No person shall be committed as a person of unsound mind except on competent medical or psychiatr

testimony. The Legislature may enact all laws necessary to provide for the trial, 40adjudication of insanity and commitment

persons of unsound mind and to provide for a method of appeal from judgments rendered in such cases. Such laws may provide f

a waiver of trial by jury, in cases where the person under inquiry has not been charged with the Commission of a criminal offensby the concurrence of the person under inquiry, or his next of kin, and an attorney ad litem appointed by a judge of either t

County or Probate Court of the county where the trial is being held, and shall provide for a method of service of noticesuch trial upon the person under inquiry and of his right to demand a trial by jury.

Section 16. No Ex Post Facto Laws

Section 16. No 41bill of attainder, 42ex post facto law, 43retroactive law, or any 44law impairing the obligation of contracts, shabe made.

33 The act of making right or compensating.34 Steps of administrative procedures to insure that justice and rights will be preserved.35 To be put at risk.36 Amendment amended in 1935.37 Having a Trial by Jury, the jury has the final say. Having a Jury Trial, the judge has the final say.38 Can not be violated by any Law.39 Amendment added in 1956.40 The ruling of a Judge.41 A document which will put a person in jail before being found guilty of a crime, like not signing a traffic citation. The citationbecomes a Bill of Attainder, if they put you in jail.42 A law passed to convict a person of an act that was done in the past, before a law was passed, making the act unlawful.43 Making a Law to be in effect before the Date that it was enabled, enacted and authinicated.44 They can’t make a Law which would keep someone from fulfilling their part of a contract.

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Section 17. Takings for Public Use

Section 17. No person's property shall be taken, damaged or destroyed for or applied to public use without adequa

compensation being made, unless by the consent of such person; and, when taken, except for the use of the State, su

compensation shall be first made, or secured by a deposit of money; and no 45irrevocable or uncontrollable grant of spec

privileges or immunities, shall be made; but all privileges and franchises granted by the Legislature, or created under i

authority shall be subject to the control thereof.

Section 18. No Imprisonment for Debt

Section 18. No person shall ever be imprisoned for debt.

Section 19. Due Course of Law

Section 19. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any mann46disfranchised, except by the due course of the law of the land. 47 Section 20. No Outlawry or Transportation for Offense

Section 20. No citizen

shall be

48outlawed. No person

shall betransported out of the State for any offense committ

within the same. This section does not prohibit an agreement with another state providing for the confinement of inmates of thState in the penal or correctional facilities of that state.

Section 21. No Corruption of Blood

Section 21. No conviction shall work 49corruption of blood, or forfeiture of estate, and the estates of those who destroy the

own lives shall descend or vest as in case of natural death.

Section 22. Treason

Section 22. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid an

comfort; and no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or oconfession in open court.

Section 23. Right to Keep and Bear Arms

Section 23. Every citizen shall have the right to keep and bear arms 50in the lawful defense of himself or the State; but t

Legislature shall have power , by law, to 51regulate the wearing of arms, with a view to prevent crime.

Section 24. Subordination of Military

Section 24. The military shall at all times be 52 subordinate to the civil authority.

45 Not Able to be stopped and returned as though it had never been done.46 To be deprived of a legal right.47 Amendment amended in 1985.48 To be deprived of the benefit and protection of the law.49 To make one’s relatives liable for the actions of another.50 Which means, you have the right to protect yourself anywhere you happen to be.51 The Legislature can on say if the arm must be shown or concealed from view.52 Under the control of the civil authority.

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Section 25. Quartering of Soldiers

Section 25. No soldier shall in time of peace be quartered in the house of any citizen without the consent of the owner, nor

time of war but in a manner prescribed by law.

Section 26. No Perpetuities or Monopolies

Section 26. 53

Perpetuities and 54

monopolies are contrary to the genius of a free government, and shall never be allowenor shall the law of 55primogeniture or 56entailments ever be in force in this State.

Section 27. Right of Assembly

Section 27. The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply

those invested with the powers of government for 57redress of grievances or other purposes, by petition, address or 58remonstrance

Section 28. Suspension of Laws

Section 28. No power of suspending laws in this State shall be exercised except by the Legislature.

Section 29. Bill of Rights Inviolate

Section 29. To guard against 59transgressions of the high power s herein delegated, we declare that everything in this "Bill

Rights" is excepted out of the general power s of government, and shall forever remain 60inviolate, and all laws contrary there

or to the following provisions, shall be void.

61 Section 30. Rights of Crime Victims

Section 30. (a) A crime victim has the following rights:

the right to be treated with fairness and with respect for the victim's dignity and privacy throughout the criminal justi

process; and the right to be reasonably protected from the accused throughout the criminal justice process.

(b) On the request of a crime victim, the crime victim has the following rights:

the right to notification of court proceedings;

the right to be present at all public court proceedings related to the offense, unless the victim is to testify and the cou

determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial;

the right to confer with a representative of the prosecutor's office;the right to 62restitution; andthe right to information about the conviction, sentence, imprisonment, and release of the accused.

(c) The legislature may enact laws to define the term "victim" and to enforce these and other rights of crime victims.

(d) The state, through its prosecuting attorney, has the right to enforce the rights of crime victims.

53 A condition which lasts forever.54 Having exclusive possession or control and does not allow competition.55 Having exclusive rights because you were the first to do such a thing.56 To fix permanently in some condition or status.57 To make right once more.58 A document formally stating reasons for opposition or grievance.59 The infringement or violation of a law, command, or duty.60 To Never be violated by some law which could be mistakenly passed.61 Amendment added in 1989.62 Compensation for damages incurred.

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(e) The legislature may enact laws to provide that a judge, attorney for the state, peace officer, or law enforcement agency 6

not liable for a failure or inability to provide a right enumerated in this section. The failure or inability of any person to provideright or service enumerated in this section may not be used by a defendant in a criminal case as a ground for appeal or pos

conviction writ of habeas corpus. A victim or guardian or legal representative of a victim 64has standing to enforce the righ

enumerated in this section but 65 does not have standing to participate as a party in a criminal proceeding or to contest t66disposition of any charge.

ARTICLE IITHE POWER S OF GOVERNMENT

Section 1. Division of Governmental Power s

Section 1. The power s of the Government of the State of Texas shall be divided into three distinct departments, each of whi

shall be confided to a separate body of 67magistracy, to wit: Those which are Legislative to one; those which are Executive

another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shaexercise any power properly attached to either of the others, except in the instances herein expressly permitted.

ARTICLE III

LEGISLATIVE DEPARTMENTS

Section 1. Legislature Composed of Senate and House of Representatives

Section 1. The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shabe styled "The Legislature of the State of Texas."

Section 2. Number of Senators and Representatives

Section 2. The Senate shall consist of thirty-one members, and shall never be increased above this number. The House

Representatives shall consist of ninety-three members until the first 68apportionment after the adoption of this Constitution, wh

or at any apportionment thereafter, the number of Representatives may be increased by the Legislature, upon the ratio of not mo

than one Representative for every fifteen thousand inhabitants; provided, the number of Representatives shall never exceed o

hundred and fifty. 69 Section 3. Election and Term of Office of Senators

Section 3. The Senators shall be chosen by the qualified 70electors for the term of four years; but a new Senate shall bchosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classe

The seats of the Senators of the first class shall be vacated at the expiration of the first two years, and those of the second classthe expiration of four years, so that one half of the Senators shall be chosen biennially thereafter. Senators shall take offi

63 A lawyer wrote the “Don’t Blame Me “ Clause.64 Has the lawful right65 Does not have the Lawful right.66 The administrative steps to the conclusion of the action.67 The state of being an administrator of a court.68 The assignment of numbers of individuals to represent different areas per rules as set forth in the Constitution.69 Amended in 1966.70 One qualified to vote in an election.

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following their election, on the day set by law for the convening of the Regular Session of the Legislature, and shall ser

thereafter for the full term of years to which elected and until their successors shall have been elected and qualified.

71 Section 4. Election and Term of Office of Representatives

Section 4. The Members of the House of Representatives shall be chosen by the qualified electors for the term of two yea

Representatives shall take office following their election, on the day set by law for the convening of the Regular Session of t

Legislature, and shall serve thereafter for the full term of years to which elected and until their successors shall have beelected and qualified. 72 Section 5. Sessions of Legislature

Section 5. The Legislature shall meet every two years at such time as may be provided by law and at other times wh

convened by the Governor. When convened in regular Session, the first thirty days thereof shall be devoted to the introducti

of bills and resolutions, acting upon emergency 73appropriations, passing upon the confirmation of the recess appointees of tGovernor and such emergency matters as may be submitted by the Governor in special messages to the Legislature; provided th

during the succeeding thirty days of the regular session of the Legislature the various committees of each House shall ho

hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted

the Governor; provided further that during the following sixty days the Legislature shall act upon such bills and74

resolutionsmay be then pending and upon such emergency matters as may be submitted by the Governor in special messages to thLegislature; provided, however, either House may otherwise determine its order of business by an affirmative vote of four-fifthsits membership.

Section 6. Qualifications of Senators

Section 6. No person shall be a Senator , unless he be a 75citizen of the United States, and, at the time of his election a qualifi

elector of this State, and shall have been a resident of this State five years next preceding his election, and the last year thereo

resident of the district for which he shall be chosen, and shall have attained the age of twenty-six years.

Section 7. Qualifications of Representatives

Section 7. No person shall be a Representative, unless he be a citizen of the United States, and, at the time of his election

qualified elector of this State, and shall have been a resident of this State two years next preceding his election, the last ye

thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-one years.

Section 8. Each House is Judge of Qualifications

Section 8. Each House shall be the judge of the qualifications and election of its own members; but contested elections shabe determined in such manner as shall be provided by law.

76 Section 9. President Pro Tempore of Senate; Speaker of the House

Section 9. (a) The Senate shall, at the beginning and close of each session, and at such other times as may be necessary, ele

one of its members President pro tempore, who shall perform the duties of the Lieutenant Governor in any case of absence

disability of that officer. If the said office of Lieutenant Governor becomes vacant, the President pro tempore of the Senate sha

71 Amended in 196672 Amended 1930.73 Money set aside by formal action for a specific use.74 A formal expression of opinion or intent to do something , BUT has no force or effect on the Sovereign Citizen.75 Creates the 14th Amendment citizen.76 Amended in 1984.

17



convene the Committee of the Whole Senate within 30 days after the vacancy occurs. The Committee of the Whole shall ele

one of its members to perform the duties of the Lieutenant Governor in addition to his duties as Senator until the next gener

election. If the Senator so elected ceases to be a Senator before the election of a new Lieutenant Governor, another Senator shabe elected in the same manner to perform the duties of the Lieutenant Governor until the next general election. Until t

Committee of the Whole elects one of its members for this purpose, the President pro tempore shall perform the duties of t

Lieutenant Governor as provided by this subsection.

(b) The House of Representatives shall, when it first assembles, organize temporarily, and thereupon proceed to the election a Speaker from its own members.

( c ) Each House shall choose its other officers.

Section 10. Quorum

Section 10. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day

day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.

Section 11. Rules of Procedure

Section 11. Each House may determine the rules of its own proceedings, punish members for disorderly conduct, and, with tconsent of two-thirds, expel a member, but not a second time for the same offense.

Section 12. Journals of Proceedings

Section 12. Each House shall keep a journal of its proceedings, and publish the same; and the yeas and nays of the members

either House on any question shall, at the desire of any three members present, be entered on the journals.

Section 13. Vacancies in Legislature

Section 13. When vacancies occur in either House, the Governor, or the person exercising the power of the Governor, shaissue 77writs of election to fill such vacancies; and should the Governor fail to issue a writ of election to fill any such vacancy with

twenty days after it occurs, the returning officer of the district in which such vacancy may have happened, shall be authorized

order an election for that purpose.

Section 14. Legislators Privileged from Arrest

Section 14. Senators and Representatives shall, except in cases of treason, felony, or breach of the peace, be privileged fro

arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty milesuch member may reside from the place at which the Legislature is convened.

Section 15. Disrespectful or Disorderly Conduct

Section 15. Each House may punish, by imprisonment, during its sessions, any person not a member, for disrespectful

disorderly conduct in its presence, or for obstructing any of its proceedings; provided, such imprisonment shall not, at any o

time, exceed forty-eight hours.

Section 16. Sessions to be Open

77 Document authorizing the election of a vacant office.18



Section 16. The sessions of each House shall be open, except the Senate when in 78Executive session.

Section 17. Adjournments

Section 17. Neither House shall, without the consent of the other , adjourn for more than three days, nor to any other place th

that where the Legislature may be sitting. 79 Section 18. Legislators Ineligibility for Other Office

Section 18. No Senator or Representative shall, during the term for which he was elected, be eligible to (1) any civil office

profit under this State which shall have been created, or the emoluments of which may have been increased, during such term,

(2) any office or place, the appointment to which may be made, in whole or in part, by either branch of the Legislature; providedhowever, the fact that the term of office of Senators and Representatives does not end precisely on the last day of December b

extends a few days into January of the succeeding year shall be considered as de minimis, and the ineligibility herein creat

shall terminate on the last day in December of the last full calendar year of the term for which he was elected. No member

either House shall vote for any other member for any office whatever, which may be filled by a vote of the Legislature, except

such cases as are in this Constitution provided, nor shall any member of the Legislature be 80interested, either directly

indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he welected.

Section 19. Officers Ineligible as Legislators

Section 19. No judge of any court, Secretary of State, Attorney General, clerk of any court of record, or any person holding81lucrative office under the United States, or this State, or any foreign government shall during the term for which he is elected

appointed, be eligible to the Legislature.

Section 20. Persons Entrusted With Public Money Ineligible

Section 20. No person who at any time may have been a collector of taxes, or who may have been otherwise entrusted with pub

money, shall be eligible to the Legislature, or to any office of profit or trust under the State government, until he shall ha

obtained a 82 discharge for the amount of such collections, or for all public moneys with which he may have been entrusted.

Section 21. Words Spoken in Debate

Section 21. 83No member shall be questioned in any other place for words spoken in debate in either House.

Section 22. Disclosure of Interest in Bill

Section 22. 84A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislatu

shall disclose the fact to the House, of which he is a member, and shall not vote thereon.

Section 23. Vacancy Upon Moving of Legislator

Section 23. If any Senator or Representative remove his residence from the district or county for which he was elected, his offi

shall thereby become vacant, and the vacancy shall be filled as provided in section 13 of this article.

78 The Senate is supposed to be a Legislative Department.79 Amended in 196880 Like Lawyers voting for the establishment of the State Bar Association.81 That which produces wealth.82 The be released of the burden or obligation.83 A lawyer putting in a “Don’t Ask Me to Explain Myself” Clause.84 This Clause has been violated time after time, without the Sovereign filing a complaint. Start Filing Complaints!

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85 Section 24. Compensation Legislators; Sessions

Section 24. (a) Members of the Legislature shall receive from the Public Treasury a salary of Six Hundred Dollars ($600) p

month, unless a greater amount is recommended by the Texas Ethics Commission and approved by the voters of this State in whi

case the salary is that amount. Each member shall also receive a 86per diem set by the Texas Ethics Commission for each d

during each Regular and Special Session of the Legislature.

(b) No Regular Session shall be of longer duration than one hundred and forty (140) days.

( c) In addition to the per diem the Members of each House shall be entitled to mileage at the same rate as prescribed by la

for employees of the State of Texas.

87 Section 24a. Texas Ethics Commission

Section 24a. (a) The Texas Ethics Commission is a state agency consisting of the following eight members:

(1) two members of different political parties appointed by the governor from a list of at least 10 names submitted by thmembers of the house of representatives from each political party required by law to hold a primary;

(2) two members of different political parties appointed by the governor from a list of at least 10 names submitted by thmembers of the Senate from each political party required by law to hold a primary;

(3) two members of different political parties appointed by the speaker of the house of representatives from a list of at least names submitted by the members of the house from each political party required by law to hold a primary; and

(4) two members of different political parties appointed by the lieutenant governor from a list of at least 10 names submitted bthe members of the Senate from each political party required by law to hold a primary.

(b) The governor may reject all names on any list submitted under Subsection (a)(1) or (2) of this section and require a ne

list to be submitted. The members of the Commission shall elect annually the chairman of the Commission.

With the exception of the initial appointees, commission members serve for four-year terms. Each appointing official wmake one initial appointment for a two-year term and one initial appointment for a four-year term. A vacancy on the Commissi

shall be filled for the unexpired portion of the term in the same manner as the original appointment. A member who has serv

for one term and any part of a second term is not eligible for reappointment.

(d) The Commission has the powers and duties provided by law.

(e) The Commission may recommend the salary of the members of the legislature and may recommend that the salary of tspeaker of the house of representatives and the lieutenant governor be set at an amount higher than that of other members. T

Commission shall set the per diem of members of the legislature and the lieutenant governor, and the per diem shall refle

reasonable estimates of costs and may be raised or lowered biennially as necessary to pay those costs, but the per diem may nexceed during a calendar year the amount allowed as of January 1 of that year for federal income tax purposes as a deduction fliving expenses incurred in a legislative day by a state legislator in connection with the legislator's business as a legislatodisregarding any exception in federal law for legislators residing near the Capitol.

(f) At each general election for state and county officers following a proposed change in salary, the voters shall approve

disapprove the salary recommended by the Commission if the Commission recommends a change in salary. If the votedisapprove the salary, the salary continues at the amount paid immediately before disapproval until another amount recommended by the Commission and approved by the voters. If the voters approve the salary, the approved salary takes effe

85 Amended in 1930, 1954, 1960, 1975 & 1991.86 An amount of money given per day for expenses that may occur.87 Added in 1951

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January 1 of the next odd-numbered year.

Section 25. Senatorial Districts

Section 25. The State shall be divided into Senatorial Districts of contiguous territory according to the number of qualifi

electors, as nearly as may be, and each district shall be entitled to elect one Senator ; and no single county shall be entitled

more than one Senator .

Section 26. Apportionment of Representatives

Section 26. The members of the House of Representatives shall be apportioned among the several counties, according to t

number of population in each, as nearly as may be, on a ratio obtained by dividing the population of the State, as ascertained by thmost recent United States census, by the number of members of which the House is composed; provided, that whenever a sing

county has sufficient population to be entitled to a Representative, such county shall be formed into a separate Representati

District, and when two or more counties are required to make up the ratio of representation, such counties shall be contiguous

each other; and when any one county has more than sufficient population to be entitled to one or more Representatives, su

Representative or Representatives shall be apportioned to such county, and for any surplus of population it may be joined in

Representative District with any other contiguous county or counties. 88 Section 26a. Counties with more than Seven Representatives

Section 26a. Provided however, that no county shall be entitled to or have under any 89apportionment more than seven (

Representatives unless the population of such county shall exceed seven hundred thousand (700,000) people as ascertained by t

most recent United States Census, in which event such county shall be entitled to one additional Representative for each o

hundred thousand (100,000) population in excess of seven hundred thousand (700,000) population as shown by the latest Unit

States Census; nor shall any district be created which would permit any county to have more than seven (7) Representativ

except under the conditions set forth above.

Section 27. Election of Legislators

Section 27. Elections for Senators and Representatives shall be general throughout the State, and shall be regulated by law

90 Section 28. Apportionment After Decennial Census

Section 28. The Legislature shall, at its first regular session after the publication of each United States 91decennial censu

apportion the state into senatorial and representative districts, agreeable to the provisions of Sections 25, 26, and 26-a of th

Article. In the event the Legislature shall at any such first regular session following the publication of a United States decenni

census, fail to make such apportionment, same shall be done by the Legislative Redistricting Board of Texas, which is here

created, and shall be composed of five (5) members, as follows: The Lieutenant Governor, the Speaker of the House

Representatives, the Attorney General, the Comptroller of Public Accounts and the Commissioner of the General Land Office,

majority of whom shall constitute a quorum. Said Board shall assemble in the City of Austin within ninety (90) days after t

88 Added in 193689 The assignment of numbers of individuals to represent different areas per rules as set forth in the Constitution.90 Amended in 1948.91 Every Ten (10) years.

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final adjournment of such regular session. The board shall, within sixty (60) days after assembling, apportion the state in

senatorial and representative districts, or into senatorial or representative districts, as the failure of action of such Legislature m

make necessary. Such apportionment shall be in writing and signed by three (3) or more of the members of the Board du

acknowledged as the act and deed of such Board, and, when so executed and filed with the Secretary of State, shall have force a

effect of law. Such apportionment shall become effective at the next succeeding statewide general election. The Supreme Cou

of Texas shall have jurisdiction to compel such Commission to perform its duties in accordance with the provisions of this secti

by 92writ of mandamus or other extraordinary writs conformable to the usages of law. The Legislature shall provide necessa

funds for clerical and technical aid and for other expenses incidental to the work of the board, and the Lieutenant Governor and th

Speaker of the House of Representatives shall be entitled to receive per diem and travel expense during the board's session in t

same manner and amount as they would receive while attending a special session of the Legislature. This amendment shabecome effective January 1, 1951.

PROCEEDINGS

Section 29. Enacting Clause

Section 29. The enacting clause of all laws shall be: "Be it enacted by the Legislature of the State of Texas."

Section 30. No Change in Purpose of Bill

Section 30. No law shall be passed, except by bill, and no bill shall be so amended in its passage through either House,

to change its original purpose.

Section 31. Bills May Originate in Either House

Section 31. Bills may originate in either House, and, when passed by such House, may be amended, altered or rejected by thother.

Section 32. Three Readings; Exception

Section 32. No bill shall have the force of a law, until it has been read on three several days in each House, and free discussi

allowed thereon; but in cases of imperative public necessity (which necessity shall be stated in a preamble or in t

body of the bill) four-fifths of the House , in which the bill may be pending, may suspend this rule, the yeas and nays being taken the question of suspension, and entered upon the journals.

Section 33. Revenue Bills

Section 33. All bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reje

them as other bills.

Section 34. No Reconsideration of Defeated Bills and Resolution

Section 34. After a bill has been considered and defeated by either House of the Legislature, no bill containing the sam

substance, shall be passed into a law during the same session. After a resolution has been acted on and defeated, no resoluti

containing the same substance, shall be considered at the same session.

93Section 35. Subject and Titles of Bills

92 A document issued by a court, to a public official or corporation, commanding the performance of some public duty required bstatute.93 Amended in 1986.

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Section 35. (a) No bill, (except general appropriation bills, which may embrace the various subjects and accounts, for and o

account of which moneys are 94appropriated) shall contain more than one subject.

(b) The rules of procedure of each house shall require that the subject of each bill be expressed in its title in a manner th

gives the legislature and the public reasonable notice of that subject. The legislature is solely responsible for determinicompliance with the rule.

( c) A law, including a law enacted before the effective date of this subsection, may not be held void on the basis of ainsufficient title.

Section 36. No Revival or Amendment by Reference

Section 36. No law shall be revived or amended by reference to its title; but in such case the act revived, or the section

sections amended, shall be re-enacted and published at length.

Section 37. Reference of Bills to Committee

Section 37. No bill shall be considered, unless it has been first referred to a committee and reported thereon, and no bill shabe passed which has not been presented and referred to and reported from a committee at least three days before the fin

adjournment of the Legislature.

Section 38. Signing by Presiding Officer

Section 38. The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills a

joint resolutions passed by the Legislature, after their titles have been publicly read before signing; and the fact of signing shabe entered on the journals.

Section 39. No Law to Take Effect for Ninety Days; Exception

Section 39. No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until nine

days after the adjournment of the session at which it was enacted, unless in case of an emergency, which emergency must

expressed in a preamble or in the body of the act , the Legislature shall, by a vote of two-thirds of all the members elected

each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals.

Section 40. Special Sessions

Section 40. When the Legislature shall be convened in special session, there shall be no legislation upon subjects oth

than those designated in the 95proclamation of the Governor calling such session, or presented to them by the Governor; and no su

session shall be of longer duration than thirty days.

Section 41. Votes to be Viva Voce

Section 41. In all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given 96

vivoce, except in the election of their officers.

94 Taken without authority.95 An official formal Public Announcement96 Given by Word of mouth.

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REQUIREMENTS AND LIMITATIONS

97 Section 43. Revision and Publication of Laws

Section 43. (a) The Legislature shall provide for revising, digesting and publishing the laws, civil and criminal; provided, that

the adoption of and giving effect to any such digest or revision, the Legislature shall not be limited by sections 35 and 36 of th

Article.

(b) In this section, "revision" includes a revision of the statutes on a particular subject and any enactment having the purposdeclared in the enactment, of codifying without substantive change statutes that individually relate to different subjects.

Section 44. Compensation of Public Officers

Section 44. The Legislature shall provide by law for the compensation of all officers, servants, agents and public contracto

not provided for in this Constitution, but shall not grant extra compensation to any officer, agent, servant, or public contracto

after such public service shall have been performed or contract entered into, for the performance of the same; nor grant, b

appropriation or otherwise, any amount of money out of the Treasury of the State, to any individual, on a claim, real or pretende

when the same shall not have been provided for by pre-existing law; nor employ any one in the name of the State, unle

authorized by pre-existing law.

Section 45. Changes of Venue

Section 45. The power to change the 98venue in civil and criminal cases shall be vested in the courts, to be exercised in su

manner as shall be provided by law; and the Legislature shall pass laws for that purpose.

Section 50. No Loan or Pledge of Credit of State

Section 50. The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of t

State in aid of, or to any person, association or corporation, whether municipal or other, or to pledge the credit of the State in amanner whatsoever, for the payment of the liabilities, present or prospective, of any individual, association of individuamunicipal or other corporation whatsoever. 99 Section 51. No Grants of Public Money to Individuals, Private Corporations

Section 51. The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys

any individual, association of individuals, municipal or other corporations whatsoever; provided, however, the Legislature m

grant aid to indigent and disabled confederate soldiers and sailors under such regulations and limitations as may be deemed by tLegislature as 100expedient, and to their widows in indigent circumstances under such regulations and limitations as may be deem

by the Legislature as expedient; provided that the provisions of this Section shall not be construed so as to prevent the grant of a

in cases of public 101calamity.

97 Amended in 1986.98 The geological area where the action had taken place.99 Amended 1894, 1898, 1904, 1910, 1912, 1924, 1928 & 1968.100 What is immediately advantageous without regard for ethics or consistent principles.101 A state of deep distress or misery caused by major misfortune or loss.

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102 Section 51-c. Compensation to Persons Improperly Fined or Imprisoned

Section 51-c. 103The Legislature may grant aid and compensation to any person who has heretofore paid a fine or servedsentence in prison, or who may hereafter pay a fine or serve a sentence in prison, under the laws of this State for an offense fwhich he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient.

104 Section 55. No Release or Extinguishment of Debt

Section 55. The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in who

or in part, the indebtedness, liability or obligation of any corporation or individual, to this State or to any county or definesubdivision thereof, or other municipal corporation therein, 105except delinquent taxes which have been due for a period of at leaten years.

Section 56. Restrictions on Local and Special Laws

Section 56. The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law,

authorizing:

The creation, extension or impairing of liens;Regulating the affairs of counties, cities, towns, wards or school districts;Changing the names of persons or places;Changing the venue in civil or criminal cases;Authorizing the laying out, opening, altering or maintaining of roads, highways, streets or alleys;Relating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing stream

which form boundaries between this and any other State;Vacating roads, town plats, streets or alleys;Relating to cemeteries, grave-yards or public grounds not of the State;Authorizing the adoption or legitimation of children;Locating or changing county seats;Incorporating cities, towns or villages, or changing their charters;For the opening and conducting of elections, or fixing or changing the places of voting;Granting divorces;Creating offices, or prescribing the power s and duties of officers, in counties, cities, towns, election or school districts;Changing the law of descent or succession;Regulating the practice or jurisdiction of , or changing the rules of evidence in any judicial proceeding or inquiry before courtjustices of the peace, sheriffs, commissioners, arbitrators or other tribunals, or providing or changing methods for the collectiof debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate;Regulating the fees, or extending the power s and duties of aldermen, justices of the peace, magistrates or 106constables; Regulating the management of public schools, the building or repairing of school houses, and the raising of money for suc

purposes;Fixing the rate of interest;Affecting the estates of minors, or persons under disability;Remitting fines, penalties and 107forfeitures, and refunding moneys legally paid into the treasury;Exempting property from taxation;Regulating labor, trade, mining and manufacturing;

Declaring any named person of age;Extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from thdue performance of his official duties, or his securities from liability;Giving effect to informal or invalid wills or deeds;

102 Added in 1956103 This should be referenced to recover cost from fighting court battles against the State and you win.104 Amended in 1932105 Use this Clause if you owe taxes for ten years or more.106 This indicates that a constable can not give tickets if he originally could not give tikets.107 The loss of property or money because of a breach of a legal obligation.

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Summoning or empaneling grand or petit juries;For limitation of civil or criminal actions;For incorporating railroads or other works of internal improvements;

And in all other cases where a general law can be made applicable, no local or special law shall be enacted; provided, th

nothing herein contained shall be construed to prohibit the Legislature from passing special laws for the preservation of t

game and fish of this State in certain localities.

Section 57. Notice of Local or Special Laws

Section 57. No local or special law shall be passed, unless notice of the intention to apply therefor shall have been publish

in the locality where the matter or thing to be affected may be situated, which 108notice shall state the substance of t

contemplated law, and shall be published at least thirty days prior to the introduction into the Legislature of such bill and in t

manner to be provided by law. The evidence of such notice having been published, shall be exhibited in the Legislature, befo

such act shall be passed.

109 Section 62. Suspension of Rules in Emergency

Section 62. (a) The Legislature, in order to insure continuity of state and local governmental operations in periods of emergen

resulting from disasters caused by enemy attack , shall have the power and the immediate duty to provide for prompt an

temporary succession to the power s and duties of public offices, of whatever nature and whether filled by election or appointmenthe incumbents of which may become unavailable for carrying on the power s and duties of such offices. Provided, however, th

Article I of the Constitution of Texas, known as the "Bill of Rights" shall not be in any manner affected, amended, impaire

suspended, repealed or suspended hereby.

(b) When such a period of emergency or the immediate threat of enemy attack exists, the Legislature may suspend procedurrules imposed by this Constitution that relate to:

(1) the order of business of the Legislature;(2) the percentage of each house of the Legislature necessary to constitute a quorum;(3) the requirement that a bill must be read on three days in each house before it has the force of law;(4) the requirement that a bill must be referred to and reported from committee before its consideration; and(5) the date on which laws passed by the Legislature take effect.

When such a period of emergency or the immediate threat of enemy attack exists, the Governor, after consulting with tLieutenant Governor and the Speaker of the House of Representatives, may suspend the constitutional requirement that th

Legislature hold its sessions in Austin, the seat of government. When this requirement has been suspended, the Governor shadetermine a place other than Austin at which the Legislature will hold its sessions during such period of emergency or immedia

threat of enemy attack . The Governor shall notify the Lieutenant Governor and the Speaker of the House of Representatives

the place and time at which the Legislature will meet. The Governor may take security precautions, consistent with the state emergency, in determining the extent to which that information may be released.

(d) To suspend the constitutional rules specified by Subsection (b) of this section, the Governor must issue a proclamation a

the House of Representatives and the Senate must concur in the proclamation as provided by this section.

(e) The Governor's proclamation must declare that a period of emergency resulting from disasters caused by enemy attack exisor that the immediate threat of enemy attack exists, and that suspension of constitutional rules relating to legislative procedure

108 Administrative Notice.109 Added in 1962, amended in 1983.

26



necessary to assure continuity of state government. The proclamation must specify the period, not to exceed two years, duriwhich the constitutional rules specified by Subsection (b) of this section are suspended.

(f) The House of Representatives and the Senate, by concurrent resolution approved by the majority of the members presenmust concur in the Governor's proclamation. A resolution of the House of Representatives and the Senate concurring in tGovernor's proclamation suspends the constitutional rules specified by Subsection (b) of this section for the period of time specifiby the Governor's proclamation.

(g) The Constitutional rules specified by Subsection (b) of this section may not be suspended for more than two years under

single proclamation. A suspension may be renewed, however, if the Governor issues another proclamation as provided Subsection (e) of this section and the House of Representatives and the Senate, by concurrent resolution, concur in thproclamation. 110Section 63. Consolidation of Governmental Functions in Counties of 1,200,000 or More

Section 63. (1) The Legislature may by statute provide for the consolidation of some functions of government of any one or mopolitical subdivisions comprising or located within any county in this State having one million, two hundred thousand (1,200,00

or more inhabitants. Any such statute shall require an election to be held within the political subdivisions affected thereby wi

approval by a majority of the voters in each of these political subdivisions, under such terms and conditions as the Legislature marequire.

(2) The county government, or any political subdivision(s) comprising or located therein, may contract one with another for th

performance of governmental functions required or authorized by this Constitution or the Laws of this State , under such terms a

conditions as the Legislature may prescribe. The term "governmental functions," as it relates to counties, includes all duti

activities and operations of state-wide importance in which the county acts for the State, as well as of local importance, whethrequired or authorized by this Constitution or the Laws of this State. 111 Section 64. Consolidation of Governmental Functions in Any County

Section 64. (a) The Legislature may by special statute provide for consolidation of governmental offices and functions

government of any one or more political subdivisions comprising or located within any county. Any such statute shall requiran election to be held within the political subdivisions affected thereby with approval by a majority of the voters in each of thesubdivisions, under such terms and conditions as the Legislature may require.

(b) The county government, or any political subdivision(s) comprising or located therein, may contract one with another for thperformance of governmental functions required or authorized by this Constitution or the Laws of this State, under such terms a

conditions as the Legislature may prescribe. No person acting under a contract made pursuant to this Subsection (b) shall bdeemed to hold more than one office of honor, trust or profit or more than one civil office of emolument . The term "governmen

functions," as it relates to counties, includes all duties, activities and operations of statewide importance in which the county ac

for the State, as well as of local importance, whether required or authorized by this Constitution or the Laws of this State.

ARTICLE IV

EXECUTIVE DEPARTMENTS

110 Added in 1966.111 Added in 1968, amended in 1970.

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112 Section 1. Officers of the Executive Department

Section 1. The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer

the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Officand Attorney General.

Section 2. Election of Executive Officers

Section 2. all the above officers of the Executive Department (except Secretary of State) shall be elected by the qualifivoters of the State at the time and places of election for members of the Legislature.

Section 3. Elections

Section 3. The returns of every election for said executive officers, until otherwise provided by law, shall be made out, seal

up, and transmitted by the returning officers prescribed by law, to the seat of Government, directed to the Secretary of State, wh

shall deliver the same to the Speaker of the House of Representatives, as soon as the Speaker shall be chosen, and the sa

Speaker shall, during the first week of the session of the Legislature, open and publish them in the presence of both Houses of t

Legislature. The person, voted for at said election, having the highest number of votes for each of said offices respectively, a

being constitutionally eligible, shall be declared by the Speaker, under sanction of the Legislature, to be elected to said offic

But, if two or more persons

shallhave the highest and an equal number of votes for either of said offices, one of them

shall bimmediately chosen to such office by joint vote of both Houses of the Legislature. Contested elections for either of said office

shall be determined by both Houses of the Legislature in joint session.

113 Section 3a. Succession

Section 3a. If, at the time the Legislature shall 114canvass the election returns for the offices of Governor and Lieutena

Governor, the person receiving the highest number of votes for the office of Governor, as declared by the Speaker, has died, the

the person having the highest number of votes for the office of Lieutenant Governor shall act as Governor until after the ne

general election. It is further provided that in the event the person with the highest number of votes for the office of Governor,

declared by the Speaker, shall become disabled, or fail to qualify, then the Lieutenant Governor shall act as Governor until

person has qualified for the office of Governor, or until after the next general election. Any succession to the Governorship n

otherwise provided for in this Constitution, may be provided for by law; provided, however, that any person succeeding to toffice of Governor shall be qualified as otherwise provided in this Constitution, and shall, during the entire term to which h

may succeed, be under all the restrictions and inhibitions imposed in this Constitution on the Governor.

115Section 4. Swearing in of Governor; Qualifications

Section 4. The Governor elected at the general election in 1974, and thereafter, shall be installed on the first Tuesday after t

organization of the Legislature, or as soon thereafter as practicable, and shall hold his office for the term of four years, or until h

successor shall be duly installed. He shall be at least thirty years of age , a citizen of the United States, and shall ha

112 Amended in 1995.113 Added in 1948.114 To Examine in detail.115 Amended in 1972.

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resided in this State at least five years immediately preceding his election. 116 Section 5. Compensation of Governor

Section 5. The Governor shall, at stated times, receive as compensation for his services an annual salary in an amount to

fixed by the Legislature, and shall have the use and occupation of the Governor's Mansion, fixtures and furniture.

Section 6. Governor May Hold No Other Office

Section 6. During the time he holds the office of Governor, he shall not hold any other office: civil, military or corporate; n

shall he practice any profession, and receive compensation, reward, fee, or the promise thereof for the same; nor receive an

salary, reward or compensation or the promise thereof from any person or corporation, for any service rendered or perform

during the time he is Governor, or to be 117thereafter rendered or performed.

Section 7. Governor as Commander-in-Chief

Section 7. He shall be Commander-in-Chief of the military forces of the State, except when they are called into actual servi

of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, rep

invasions, and protect the frontier from hostile incursions by Indians or 118other predatory bands.

Section 8. Governor May Convene Legislature

Section 8. The Governor may, on extraordinary occasions, convene the Legislature at the seat of Government, or at a differeplace, in case that should be in possession of the public enemy or in case of the 119prevalence of disease thereat. His proclamati

therefor shall state specifically the purpose for which the Legislature is convened.

Section 9. Governor's Address

Section 9. The Governor shall, at the 120 commencement of each session of the Legislature, and at the close of his term of offic

give to the Legislature information, by message, of the condition of the State; and he shall recommend to the Legislature su

measures as he may deem expedient. He shall account to the Legislature for all public moneys received and paid out by him

from any funds subject to his order, with 121 vouchers; and shall accompany his message with a statement of the same. And at t

commencement of each regular session, he shall present estimates of the amount of money required to be raised by taxation f

all purposes.

Section 10. Governor Shall Cause Execution of Laws

Section 10. He shall cause the laws to be faithfully executed and shall conduct, in person, or in such manner as shall bprescribed by law, all 122intercourse and business of the State with other States and with the United States.

123 Section 11. Pardons and Paroles

116 Amended in 1936 and in 1954.117 If he receives any compensation after he leaves office for things he did while in office, he has violated his oath of office.118 Like Lawyers and Attorneys119 The percentage of a population that is affected with a particular disease at a given time.120 At the beginning.121 A document which establish the authority of a business transaction.122 Dealing, thoughts and exchanges of ideas.123 Amended in 1936, 1983 and in 1989.

29



Section 11. (a) The Legislature shall by law establish a Board of Pardons and Paroles and shall require it to keep record

its actions and the reasons for its actions. The Legislature shall have authority to enact 124 parole laws and laws that require

permit courts to inform juries about the effect of good conduct time and eligibility for parole or mandatory supervision on tperiod of 125incarceration served by a defendant convicted of a criminal offense.

(b) In all criminal cases, except treason and impeachment, the Governor shall have power , after conviction, on the writt

signed recommendation and advice of The Board of Pardons and Paroles, or a majority thereof, to grant reprieves a

commutations of punishment and pardons; and under such rules as the Legislature may prescribe, and upon the writt

recommendation and advice of a majority of The Board of Pardons and Paroles, he shall have the power to remit fines a

126forfeitures. The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed thirty (3

days; and he shall have power to revoke conditional 127pardons. With the advice and consent of the Legislature, he may gra128reprieves, 129commutations of punishment and pardons in cases of treason.

130Section 11A. Suspension of Sentences

Section 11A. The Courts of the State of Texas having original jurisdiction of criminal actions shall have the power , aft

conviction, to suspend the imposition or execution of sentence and to place the defendant upon probation and to reimpose susentence, under such conditions as the Legislature may prescribe.

131 Section 11B. Criminal Justice

Section 11B. (a) The legislature by law may organize and combine into one or more agencies all agencies of the state that:

(1) have authority over the confinement or supervision of persons convicted of criminal offenses;(2) set standards or distribute state funds to political subdivisions that have authority over the confinement or supervision

persons convicted of criminal offenses; or (3) gather information about the administration of criminal justice.

(b) The legislature by law may authorize the appointment of members of more than one department of government to serve on t

governing body.

132 Section 12. Vacancies in State or District Offices to Be Filled by Appointment

Section 12. (a) all vacancies in State or district offices, except members of the Legislature, shall be filled unless otherwi

provided by law by appointment of the Governor.

(b) An appointment of the Governor made during a session of the Senate shall be with the advice and consent of two-thirds

the Senate present.

(c) In accordance with this section, the Senate may give its advice and consent on an appointment of the Governor made during

recess of the Senate. To be confirmed, the appointment must be with the advice and consent of two-thirds of the Senate present.

124 A conditional release of a prisoner.125 To be put in jail or confined with no freewill of movement.126 The loss of property or money because of a breach of a legal obligation.127 The excusing of an offense without exacting a penalty.128 To delay the punishment of.129 A substitution of one form of payment or charge for another.130 Added in 1935.131 Added in 1989.132 Amended 1987 and 1990.

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an appointment of the Governor is made during the recess of the Senate, the Governor shall nominate the appointee, or som

other person to fill the vacancy, to the Senate during the first ten days of its next session following the appointment. If the Sena

does not confirm a person under this subsection, the Governor shall nominate in accordance with this section the recess appoint

or another person to fill the vacancy during the first ten days of each subsequent session of the Senate until a 133confirmation occuIf the Governor does not nominate a person to the Senate during the first ten days of a session of the Senate as required by thsubsection, the Senate at that session may consider the recess appointee as if the Governor had nominated the appointee.

(d) If the Senate, at any special session, does not take final action to confirm or reject a previously unconfirmed recess appointe

or another person nominated to fill the vacancy for which the appointment was made:

(1) the Governor after the session may appoint another person to fill the vacancy; and

(2) the appointee, if otherwise qualified and if not removed as provided by law, is entitled to continue in office until the earlier the following occurs:

(A) the Senate rejects the appointee at a 134subsequent session; or

(B) the Governor appoints another person to fill the vacancy under Subdivision (1) of this subsection.

(e) If the Senate, at a regular session, does not take final action to confirm or reject a previously unconfirmed recess appointee another person nominated to fill the vacancy for which the appointment was made, the appointee or other person, as appropriate,

considered to be rejected by the Senate when the Senate session ends.

(f) If an appointee is rejected, the office shall immediately become vacant, and the Governor shall, without delay, make furth

nominations, until a confirmation takes place. If a person has been rejected by the Senate to fill a vacancy, the Governor may nappoint the person to fill the vacancy or, during the term of the vacancy for which the person was rejected, to fill another vacancythe same office or on the same board, commission, or other body.

(g) Appointments to vacancies in offices elective by the people shall only continue until the next general election.

(h) The Legislature by general law may limit the term to be served by a person appointed by the Governor to fill a vacancy in

state or district office to a period that ends before the vacant term otherwise expires or, for an elective office, before the neelection at which the vacancy is to be filled, if the appointment is made on or after November 1 preceding the general election fthe succeeding term of the office of Governor and the Governor is not elected at that election to the succeeding term.

(I) For purposes of this section, the expiration of a term of office or the creation of a new office constitutes a vacancy.

Section 13. Governor's Residence

Section 13. During the session of the Legislature the Governor shall reside where its sessions are held, and at all other times

the seat of Government, except when by act of the Legislature, he may be required or authorized to reside elsewhere.

Section 14. Presentation for Approval of Governor; Bills

Section 14. Every bill which shall have passed both houses of the Legislature shall be presented to the Governor for h

approval. If he approve he shall sign it; but if he disapprove it, he shall return it, with his objections, to the House in which

originated, which House shall enter the objections at large upon its journal, and proceed to reconsider it. If after su

reconsideration, two-thirds of the members present agree to pass the bill, it shall be sent, with the objections, to the other Hous

by which likewise it shall be reconsidered; and, if approved by two-thirds of the members of that House, it shall becomelaw; but in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting f

133 The ratification of an executive act by a legislature body.134 Following in time, order, or place.

31



and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by t

Governor with his objections within ten days (Sundays excepted) after it shall have been presented to him, the same shabe a law, in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent its return, in which case it shabe a law, unless he shall file the same, with his objections, in the office of the Secretary of State and give notice thereof b

public proclamation within twenty days after such adjournment. If any bill presented to the Governor contains several items

appropriation he may object to one or more of such items, and approve the other portion of the bill. In such case he shall appe

to the bill, at the time of signing it, a statement of the items to which he objects, and no item so objected to shall take effect. If t

Legislature be in session, he shall transmit to the House in which the bill originated a copy of such statement and the item

objected to shall be separately considered. If, on reconsideration, one or more of such items be approved by two-thirds of t

members present of each House, the same shall be part of the law, notwithstanding the objections of the Governor. If any su

bill, containing several items of appropriation, not having been presented to the Governor ten days (Sundays excepted) prior

adjournment, be in the hands of the Governor at the time of adjournment, he shall have twenty days from such adjournme

within which to file objections to any items thereof and make proclamation of the same, and such item or items shall not ta

effect.

Section 15. Presentation for Approval of Governor; Orders, Resolutions, or Votes

Section 15. Every order , resolution or vote to which the concurrence of both Houses of the Legislature may be necessary, exce

on questions of adjournment, shall be presented to the Governor, and, before it shall take effect, shall be approved by him

or, being disapproved, shall be repassed by both Houses, and all the rules, provisions and limitations shall apply thereto

prescribed in the last preceding section in the case of a bill.

Section 16. Lieutenant Governor

Section 16. There shall also be a Lieutenant Governor, who shall be chosen at every election for Governor by the sam

electors, in the same manner, continue in office for the same time, and possess the same qualifications. The electors shadistinguish for whom they vote as Governor and for whom as Lieutenant Governor. The Lieutenant Governor, shall by virtue

his office, be President of the Senate, and shall have, when in Committee of the Whole, a right to debate and vote on aquestions; and when the Senate is equally divided to give the casting vote. In case of the death, resignation, removal from offic

inability or refusal of the Governor to serve, or of his impeachment or absence from the State, the Lieutenant Governor shaexercise the power s and authority appertaining to the office of Governor until another be chosen at the periodical election, and b

duly qualified; or until the Governor impeached, absent or disabled, shall be acquitted, return, or his disability be removed.

Section 18. Restrictions after Succession

Section 18. The Lieutenant Governor or President of the Senate succeeding to the office of Governor, shall, during the ent

term to which he may succeed, be under all the restrictions and 135inhibitions imposed in this Constitution on the Governor.

Section 19. State Seal

Section 19. There shall be a Seal of the State which shall be kept by the Secretary of State, and used by him official

under the direction of the Governor. The Seal of the State shall be a star of five points encircled by olive and live oak branche

and the words "The State of Texas."

Section 20. Commissions in the Name of the State

Section 20. all commissions shall be in the name and by the authority of the State of Texas, sealed with the State Seal, sign

135 Something that forbids, debars, or restricts the action otherwise done.32



by the Governor and attested by the Secretary of State. 136 Section 21. Secretary of State

Section 21. There shall be a Secretary of State, who shall be appointed by the Governor, by and with the advice an

consent of the Senate, and who shall continue in office during the term of service of the Governor. He shall authenticate t

publication of the laws, and keep a fair register of all official acts and proceedings of the Governor, and shall, when required, l

the same and all papers, minutes and vouchers relative thereto, before the Legislature, or either House thereof, and shall perforsuch other duties as may be required of him by law. He shall receive for his services an annual salary in an amount to be fixed b

the Legislature. 137 Section 22. Attorney General

Section 22. The Attorney General elected at the general election in 1974, and thereafter, shall hold office for four years a

until his successor is duly qualified. He shall represent the State in all suits and pleas in the Supreme Court of the State in whi

the State may be a party, and shall especially inquire into the charter rights of all private corporations, and from time to time,

the name of the State, take such action in the courts as may be proper and necessary to prevent any private corporation froexercising any power or demanding or collecting any species of taxes, tolls, freight or 138wharfage not authorized by law. H

shall, whenever sufficient cause exists, seek a judicial forfeiture of such charters, unless otherwise expressly directed by law, a

give legal advice in writing to the Governor and other executive officers, when requested by them, and perform such other duties

may be required by law. He shall reside at the seat of government during his continuance in office. He shall receive for h

services an annual salary in an amount to be fixed by the Legislature.

139Section 23. Terms of Comptroller; Commissioner of General Land Office

Section 23. The Comptroller of Public Accounts, the Commissioner of the General Land Office, and any statutory State offic

who is elected by the electorate of Texas at large, unless a term of office is otherwise specifically provided in this Constitutio

shall each hold office for the term of four years and until his successor is qualified. The four-year term applies to these office

who are elected at the general election in 1974 or thereafter. Each shall receive an annual salary in an amount to be fixed by th

Legislature; reside at the Capital of the State during his continuance in office, and perform such duties as are or may be required

law. They and the Secretary of State shall not receive to their own use any fees, costs or perquisites of office. All fees that mbe payable by law for any service performed by any officer specified in this section or in his office, shall be paid, wh

received, into the State Treasury.

Section 24. Accounts of Public Moneys

Section 24. An account shall be kept by the officers of the Executive Department, and by all officers and managers of Sta

institutions, of all moneys and choses in action received and disbursed or otherwise disposed of by them, severally, from asources, and for every service performed; and a semi-annual report thereof shall be made to the Governor under oath. T

Governor may, at any time, require information in writing from any and all of said officers or managers, upon any subject relati

to the duties, condition, management and expenses of their respective offices and institutions, which information shall b

required by the Governor under oath, and the Governor may also inspect their books, accounts, vouchers and public funds; and anofficer or manager who, at any time, shall wilfully make a false report or give false information, shall be guilty of 140perjur

and so adjudged, and punished accordingly, and removed from office.

Section 25. Investigation of Custodians of Pubic Funds

136 Amended 1936 and 1954.137 Amended 1936, 1954 and 1972.138 The handling or stowing goods on a wharf.139 Amended 1936, 1954 and 1995.140 A Violation of the Texas Penal Code Sec. 37.03, which is a Felony of the Third Degree – “Aggravated Perjury”.

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Section 25. The Legislature shall pass efficient laws 141f acilitating the investigation of 142breaches of trust and duty by acustodians of public funds and providing for their suspension from office on reasonable cause shown, and for the appointment temporary 143incumbents of their offices during such suspension. 144 Section 26. Notaries Public

Section 26. (a) The Secretary of State shall appoint a convenient number of Notaries Public for the state who shall perfor

such duties as now are or may be prescribed by law. The qualifications of Notaries Public shall be prescribed by law.

(b) The terms of office of Notaries Public shall be not less than two years nor more than four years as provided by law.

ARTICLE V

JUDICIAL DEPARTMENT

145 Section 1. Judicial Power

Section 1. The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Cour

of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in 146such othcourts as may be provided by law.

The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereoand may conform the jurisdiction of the district and other inferior courts thereto.

147 Section 1-a. Retirement; Commission on Judicial Conduct and Compensation

Section 1-a. (1) Subject to the further provisions of this Section, the Legislature shall provide for the retirement a

compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length service, age and disability, and for their reassignment to active duty where and when needed. The office of every such Justice a

Judge shall become vacant when the incumbent reaches the age of seventy-five (75) years or such earlier age, not less th

seventy (70) years, as the Legislature may prescribe; but, in the case of an incumbent whose term of office includes the effecti

date of this Amendment, this provision shall not prevent him from serving the remainder of said term nor be applicable to hi

before his period or periods of judicial service shall have reached a total of ten (10) years.

(2) The name of the State Judicial Qualifications Commission is changed to the State Commission on Judicial Conduct. TCommission consists of eleven (11) members, to wit:

(i) one (1) Justice of a Court of Appeals;(ii) one (1) District Judge;(iii) two (2) members of the State Bar, who have respectively practiced as such for over ten (10) consecutive years next precedi

141 To make easier and to help come about.142 The infraction or violation of a law or obligation.143 One that presently holds an office whether elected or appointed to that possession.144 Amended 1940 and 1979.145 Amended 1891, 1977 and 1980.146 These other Courts may be Common Law Courts.147 Added 1948, amended 1965, 1970, 1977 and 1984.

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their selection;(iv) four (4) citizens, at least thirty (30) years of age, not licensed to practice law nor holding any salaried public office

employment;(v) one (1) Justice of the Peace;(vi) one (1) Judge of a Municipal Court; and,(vii) one (1) Judge of a County Court at Law;

provided that no person shall be or remain a member of the Commission, who does not maintain physical residence within th

State, or who resides in, or holds a judgeship within or for, the same Supreme Judicial District as another member of t

Commission, or who shall have ceased to retain the qualifications above specified for his respective class of membership, excethat the Justice of the Peace and the Judges of a Municipal Court and or a County Court at Law shall be selected at large witho

regard to whether they reside or hold a judgeship in the same Supreme Judicial District as another member of the Commissio

Commissioners of classes (i), (ii), and (vii) above shall be chosen by the Supreme Court with advice and consent of the Sena

those of class (iii) by The board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with adviand consent of the Senate, those of class (iv) by appointment of the Governor with advice and consent of the Senate, and tCommissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of tSenate.

(3) The regular term of office of Commissioners shall be six (6) years; but the initial members of each of classes (i), (ii) an

(iii) shall respectively be chosen for terms of four (4) and six (6) years, and the initial members of class (iv) for respective term

of two (2), four (4) and six (6) years. Interim vacancies

shall befilled in the same manner as vacancies due to expiration of

full term, but only for the unexpired portion of the term in question. Commissioners may succeed themselves in office onlyhaving served less than three (3) consecutive years.

(4) Commissioners shall receive no compensation for their services as such. The Legislature shall provide for the payment

the necessary expense for the operation of the Commission.

(5) The Commission may hold its meetings, hearings and other proceedings at such times and places as it shall determine b

shall meet at Austin at least once each year . It shall annually select one of its members as Chairman. A quorum shall cons

of six (6) members. Proceedings shall be by majority vote of those present, except that recommendations for retiremen

censure, suspension, or removal of any person holding an office named in Paragraph A of Subsection (6) of this Section shall bby affirmative vote of at least six (6) members.

(6) A. Any Justice or Judge of the courts established by this Constitution or created by the Legislature as provided in Section Article V, of this Constitution, may, subject to the other provisions hereof, be removed from office for willful or persistent violatiof rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of tCode of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of his duties casts public discredit upon the judiciary or administration of justice. Any person holding such office may be disciplined censured, in lieu of removal from office, as provided by this section. Any person holding an office specified in this subsection mbe suspended from office with or without pay by the Commission immediately on being indicted by a State or Federal grand ju

for a felony offense or charged with a misdemeanor involving official misconduct. On the filing of a sworn complaint chargingperson holding such office with willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetenin performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful and persistent conduct that clearly inconsistent with the proper performance of his duties or casts public discredit on the judiciary or on the administrationjustice, the Commission, after giving the person notice and an opportunity to appear and be heard before the Commission, mrecommend to the Supreme Court the suspension of such person from office. The Supreme Court, after considering the record such appearance and the recommendation of the Commission, may suspend the person from office with or without pay, pendinfinal disposition of the charge.

B. Any person holding an office named in Paragraph A of this subsection who is eligible for retirement benefits under the lawsthis state providing for judicial retirement may be involuntarily retired, and any person holding an office named in that paragrap

35



who is not eligible for retirement benefits under such laws may be removed from office, for disability seriously interfering with tperformance of his duties, which is, or is likely to become, permanent in nature.

C. The law relating to the removal, discipline, suspension, or censure of a Justice or Judge of the courts established by thConstitution or created by the Legislature as provided in this Constitution applies to a master or magistrate appointed as providby law to serve a trial court of this State and to a retired or former Judge who continues as a judicial officer subject to assignment to sit on a court of this State. Under the law relating to the removal of an active Justice or Judge, the Commission anthe review tribunal may prohibit a retired or former Judge from holding judicial office in the future or from sitting on a court of thState by assignment.

(7) The Commission shall keep itself informed as fully as may be of circumstances relating to the misconduct or disability

particular persons holding an office named in Paragraph A of Subsection (6) of this Section, receive complaints or reports, formor informal, from any source in this behalf and make such preliminary investigations as it may determine. Its orders for t

attendance or testimony of witnesses or for the production of documents at any hearing or investigation shall be enforceable

contempt proceedings in the District Court or by a Master.

(8) After such investigation as it deems necessary, the Commission may in its discretion issue a private or public admonitiowarning, reprimand, or requirement that the person obtain additional training or education, or if the Commission determines that tsituation merits such action, it may institute formal proceedings and order a formal hearing to be held before it concerning thpublic censure, removal, or retirement of a person holding an office or position specified in Subsection (6) of this Section, or it min its 148discretion request the Supreme Court to appoint an active or retired District Judge or Justice of a Court of Appeals,

retired Judge or Justice of the Court of Criminal Appeals or the Supreme Court, as a Master to hear and take evidence in any sumatter, and to report thereon to the Commission. The Master shall have all the power of a District Judge in the enforcement

orders pertaining to witnesses, evidence, and procedure. If, after formal hearing, or after considering the record and report of

Master , the Commission finds good cause therefor, it shall issue an order of public 149censure or it shall recommend to a revie

tribunal the removal or retirement, as the case may be, of the person in question holding an office or position specified

Subsection (6) of this Section and shall thereupon file with the tribunal the entire record before the Commission.

(9) A tribunal to review the Commission's recommendation for the removal or retirement of a person holding an office or positispecified in Subsection (6) of this Section is composed of seven (7) Justices or Judges of the Courts of Appeals who are selected

lot by the Chief Justice of the Supreme Court. Each Court of Appeals shall designate one of its members for inclusion in the li

from which the selection is made. Service on the tribunal shall be considered part of the official duties of a judge, and

additional compensation may be paid for such service. The review tribunal shall review the record of the proceedings on the laand facts and in its discretion may, for good cause shown, permit the introduction of additional evidence. Within 90 days after t

date on which the record is filed with the review tribunal, it shall order public censure, retirement or removal, as it finds just an

proper, or wholly reject the recommendation. A Justice, Judge, Master , or Magistrate may appeal a decision of the review tribunto the Supreme Court under the substantial evidence rule. Upon an order for involuntary retirement for disability or an order f

removal, the office in question shall become vacant. The review tribunal, in an order for involuntary retirement for disability

an order for removal, may prohibit such person from holding judicial office in the future. The rights of an incumbent so retired

retirement benefits shall be the same as if his retirement had been voluntary.

(10) All papers filed with and proceedings before the Commission or a Master shall be confidential, unless otherwi

provided by law, and the filing of papers with, and the giving of testimony before the Commission or a Master shall bprivileged, unless otherwise provided by law. However, the Commission may issue a public statement through its executidirector or its Chairman at any time during any of its proceedings under this Section when sources other than the Commission cau150notoriety concerning a Judge or the Commission itself and the Commission determines that the best interests of a Judge or of thpublic will be served by issuing the statement.

(11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and t

Supreme Court. Such rule shall provide the right of discovery of evidence to a Justice, Judge, Master , or Magistrate after form

148 Able to make responsible decisions, within certain legal bounds.149 The act of blaming or condemning.150 The state of being widely and unfavorably known.

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proceedings are instituted and shall afford to any person holding an office or position specified in Subsection (6) of this Sectio

against whom a proceeding is instituted to cause his retirement or removal, due process of law for the procedure before tCommission, Masters, review tribunal, and the Supreme Court in the same manner that any person whose property rights are

jeopardy in an adjudicatory proceeding is entitled to due process of law, regardless of whether or not the interest of t

person holding an office or position specified in Subsection (6) of this Section in remaining in active status is considered to be

right or a privilege. Due process shall include the right to notice, counsel, hearing, confrontation of his accusers, and all su

other incidents of due process as are ordinarily available in proceedings whether or not misfeasance is charged, upon proof of whia penalty may be imposed.

(12) No person holding an office specified in Subsection (6) of this Section shall sit as a member of the Commission in a

proceeding involving his own suspension, discipline, censure, retirement or removal.

(13) This Section 1-a is 151alternative to and 152cumulative of, the methods of removal of persons holding an office named Paragraph A of Subsection (6) of this Section provided elsewhere in this Constitution.

(14) The Legislature may 153promulgate laws in furtherance of this Section that are not inconsistent with its provisions.

154 Section 2. Supreme Court Justices

Section 2. The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute

quorum, and the concurrence of five shall be necessary to a decision of a case; provided, that when the business of the court m

require, the court may sit in sections as designated by the court to hear argument of causes and to consider applications for 155wr

of error or other preliminary matters. No person shall be eligible to serve in the office of Chief Justice or Justice of the Suprem

Court unless the person is licensed to practice law in this state and is, at the time of election, a citizen of the United States and this state, and has attained the age of thirty-five years, and has been a practicing lawyer , or a lawyer and judge of a court of reco

together at least ten years. Said Justices shall be elected (three of them each two years) by the qualified voters of the state at

general election; shall hold their offices six years, or until their successors are elected and qualified; and shall each receive su

compensation as shall be provided by law. In case of a vacancy in the office of the Chief Justice or any Justice of the Suprem

Court, the Governor shall fill the vacancy until the next general election for state officers, and at such general election th

vacancy for the unexpired term shall be filled by election by the qualified voters of the state. The Justices of the Supreme Cou

who may be in office at the time this amendment takes effect shall continue in office until the expiration of their term of offi

under the present Constitution, and until their successors are elected and qualified.

156 Section 3. Supreme Court Jurisdiction

Section 3. The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitutio

Its jurisdiction shall be 157coextensive with the limits of the State and its determinations shall be final except in criminal la

matters. Its 158appellate jurisdiction shall be final and shall extend to all cases except in criminal law matters and

151 Something which can be chosen or used instead of.152 Increasing in severity with repetition of the offense.153 To make known by open declaration.154 Amended 1891, 1945 and 1980.155 A document that authorizes a higher court to review the decision of a lower court for errors that appear on the face of therecord.156 Amended 1930 and 1980.157 Having the same space or boundaries.158 Jurisdiction pertaining only to an appeal, not original jurisdiction.

37



otherwise provided in this Constitution or by law. The Supreme Court and the Justices thereof shall have power to issue writs

habeas corpus, as may be prescribed by law, and under such regulations as may be prescribed by law, the said courts and tJustices thereof may issue the writs of mandamus, 159procedendo, 160certiorari and such other writs, as may be necessary to enforits jurisdiction. The Legislature may confer original jurisdiction on the Supreme Court to issue 161writs of quo warranto amandamus in such cases as may be specified, except as against the Governor of the State.

The Supreme Court shall also have power , upon 162affidavit or otherwise as by the court may be determined, to ascertain su

matters of fact as may be necessary to the proper exercise of its jurisdiction.

The Supreme Court shall appoint a clerk, who shall give bond in such manner as is now or may hereafter, be required by la

and he may hold his office for four years and shall be subject to removal by said court for good cause entered of record on t

minutes of said court who shall receive such compensation as the Legislature may provide.

163Section 3a. Terms of Court

Section 3a. The Supreme Court may sit at any time during the year at the seat of government for the transaction of business an

each term thereof shall begin and end with each calendar year.

164 Section 3-b. Appeal of Injunctions

Section 3-b. The Legislature shall have the power to provide by law, for an appeal direct to the Supreme Court of this Sta

from an order of any trial court granting or denying an interlocutory or permanent injunction on the grounds of the constitutionalor unconstitutionality of any statute of this State, or on the validity or invalidity of any administrative order issued by any staagency under any statute of this State.

165 Section 3-c. Certified Questions

Section 3-c. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certififrom a federal appellate court.

(b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of tho

questions.

166 Section 4. Court of Criminal Appeals Judges

Section 4. The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. The Judges shall have t

same qualifications and receive the same salaries as the Associate Justices of the Supreme Court, and the Presiding Judge shahave the same qualifications and receive the same salary as the Chief Justice of the Supreme Court. The Presiding Judge and t

Judges shall be elected by the qualified voters of the state at a general election and shall hold their offices for a term of s

years. In case of a vacancy in the office of a Judge of the Court of Criminal Appeals, the Governor shall, with the advice a

159 A document from a superior court commanding the inferior court court in the sovereign’s name to proceed to give judgementbut without specifying any particular judgment.160 A document issued by a superior court to an inferior court ordering the inferior court to produce records so that they may beexamined for any irregularities.161 A document by which the court inquires into the right of a person or corporation to hold an office or to exercise a franchise, ofor a city to keep it’s charter.162 A written document swearing to facts which occurred.163 Added 1930.164 Added 1940.165 Added 1985.166 Amended 1891, 1966 and 1977.

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consent of the Senate, fill said vacancy by appointment until the next succeeding general election.For the purpose of hearing cases, the Court of Criminal Appeals may sit in panels of three Judges, the designation thereof to

under rules established by the court. In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of tw

Judges shall be necessary for a decision. The Presiding Judge, under rules established by the court, shall convene the court

banc for the transaction of all other business and may convene the court en banc for the purpose of hearing cases. The court mu

sit en banc during proceedings involving capital punishment and other cases as required by law. When convened en banc, fi

Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. The Court of Crimin

Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law.

167 Section 5. Court of Criminal Appeals Jurisdiction

Section 5. The Court of Criminal Appeals shall have final appellate jurisdiction coextensive with the limits of the state, and i

determinations shall be final, in all criminal cases of whatever grade, with such exceptions and under such regulations as m

be provided in this Constitution or as prescribed by law.

The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. The appeal

all other criminal cases shall be to the Courts of Appeal as prescribed by law. In addition, the Court of Criminal Appeals ma

on its own motion, review a decision of a Court of Appeals in a criminal case as provided by law. 168Discretionary review by tCourt of Criminal Appeals is not a matter of right, but of sound judicial discretion.

Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have tpower to issue the writ of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, 169prohibition, a

certiorari. The Court and the Judges thereof shall have the power to issue such other writs as may be necessary to protect

jurisdiction or enforce its judgments. The court shall have the power upon affidavit or otherwise to ascertain such matters of fa

as may be necessary to the exercise of its jurisdiction.

The Court of Criminal Appeals may sit for the transaction of business at any time during the year and each term shall begin a

end with each calendar year. The Court of Criminal Appeals shall appoint a clerk of the court who shall give bond in su

manner as is now or may hereafter be required by law, and who shall hold his office for a term of four years unless soon

removed by the court for good cause entered of record on the minutes of said court.

The Clerk of the Court of Criminal Appeals who may be in office at the time when this Amendment takes effect shall contin

in office for the term of his appointment.

170 Section 6. Courts of Appeals

Section 6. The state shall be divided into courts of appeals districts, with each district having a Chief Justice, two or mo

other Justices, and such other officials as may be provided by law. The Justices shall have the qualifications prescribed f

Justices of the Supreme Court. The Court of Appeals may sit in sections as authorized by law. The concurrence of a majority

the judges sitting in a section is necessary to decide a case. Said Court of Appeals shall have appellate jurisdiction co-extensi

with the limits of their respective districts, which shall extend to all cases of which the District Courts or County Courts ha

original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law. Provided, that the decision

said courts shall be conclusive on all questions of fact brought before them on appeal or error. Said courts shall have su

other jurisdiction, original and appellate, as may be prescribed by law.

Each of said Courts of Appeals shall hold its sessions at a place in its district to be designated by the Legislature, and at su

time as may be prescribed by law. Said Justices shall be elected by the qualified voters of their respective districts at a gener

167 Amended 1891, 1966, 1977 and 1980.168 The ability to make responsible decisions in their own mind or state of mind.169 A document issued by a court of superior jurisdiction to an inferior court or quasi-judicial tribunal preventing the latter fromdealing with matters outside its jurisdiction.170 Amended 1891, 1978, 1980 and 1985.

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election, for a term of six years and shall receive for their services the sum provided by law. Each Court of Appeals shaappoint a clerk in the same manner as the clerk of the Supreme Court which clerk shall receive such compensation as may

fixed by law.

All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals.

171 Section 7. Judicial Districts and District Judges

Section 7. The State shall be divided into judicial districts, with each district having one or more Judges as may be provid

by law or by this Constitution. Each district judge shall be elected by the qualified voters at a General Election and shall becitizen of the United States and of this State, who is licensed to practice law in this State and has been a practicing lawyer orJudge of a Court in this State, or both combined, for four (4) years next preceding his election, who has resided in the district

which he was elected for two (2) years next preceding his election, and who shall reside in his district during his term of offi

and hold his office for the period of four (4) years, and who shall receive for his services an annual salary to be fixed by th

Legislature. The Court shall conduct its proceedings at the county seat of the county in which the case is pending, except

otherwise provided by law. He shall hold the regular terms of his Court at the County Seat of each County in his district in suc

manner as may be prescribed by law. The Legislature shall have power by General or Special Laws to make such provisio

concerning the terms or sessions of each Court as it may deem necessary.

The Legislature shall also provide for the holding of District Court when the Judge thereof is absent, or is from any cau

disabled or disqualified from presiding.

172Section 7a. Judicial Districts Board

Section 7a. (a) The Judicial Districts Board is created to reapportion the judicial districts authorized by Article V, Section 7, this constitution.

(b) The membership of The board consists of the Chief Justice of the Texas Supreme Court who serves as chairman, the presidinjudge of the Texas Court of Criminal Appeals, the presiding judge of each of the administrative judicial districts of the state, tpresident of the Texas Judicial Council, and one person who is licensed to practice law in this state appointed by the governor withe advice and consent of the Senate for a term of four years. In the event of a vacancy in the appointed membership, the vacan

is filled for the unexpired term in the same manner as the original appointment.

(c) A majority of the total membership of The board constitutes a quorum for the transaction of business. The adoption ofreapportionment order requires a majority vote of the total membership of the board.

(d) The reapportionment power s of The board shall be exercised in the 173interims between regular sessions of the legislatur

except that a reapportionment may not be ordered by The board during an interim immediately following a regular session of thlegislature in which a valid and subsisting statewide 174apportionment of judicial districts is enacted by the legislature. The boa

has other power s and duties as provided by the legislature and shall exercise its power s under the policies, rules, standards, an

conditions, not inconsistent with this section, that the legislature provides.

(e) Unless the legislature enacts a statewide reapportionment of the judicial districts following each federal decennial census, T

board shall convene not later than the first Monday of June of the third year following the year in which the federal decenncensus is taken to make a statewide reapportionment of the districts. The board shall complete its work on the reapportionme

and file its order with the secretary of state not later than August 31 of the same year. If the Judicial Districts Board fails to makestatewide apportionment by that date, the Legislative Redistricting Board established by Article III, Section 28 , of this constituti

shall make a statewide reapportionment of the judicial districts not later than the 150th day after the final day for the Judici

Districts Board to make the reapportionment.

171 Amended 1891, 1949 and 1985.172 Added 1985.173 Interval, a space time between to events.174 The assignment of numbers of individuals to represent different areas per rules as set forth in the Constitution.

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(f) In addition to the statewide reapportionment, The board may reapportion the judicial districts of the state as the necessity freapportionment appears by redesignating, in one or more reapportionment orders, the county or counties that comprise the specijudicial districts affected by those reapportionment orders. In modifying any judicial district, no county having a population

large or larger than the population of the judicial district being reapportioned shall be added to the judicial district.

(g) Except as provided by Subsection (i) of this section, this section does not limit the power of the legislature to reapportion tjudicial districts of the state, to increase the number of judicial districts, or to provide for consequent matters on reapportionmenThe legislature may provide for the effect of a reapportionment made by The board on pending cases or the transfer of pendincases, for jurisdiction of a county court where county court jurisdiction has been vested by law in a district court affected by t

reapportionment, for terms of the courts upon existing officers and their duties, and for all other matters affected by t

reapportionment. The legislature may delegate any of these power s to the board. The legislature shall provide for the necessa

expenses of the board.

(h) Any judicial reapportionment order adopted by The board must be approved by a record vote of the majority of thmembership of both the Senate and house of representatives before such order can become effective and binding.

(i) The legislature, the Judicial Districts Board, or the Legislative Redistricting Board may not redistrict the judicial districts provide for any judicial district smaller in size than an entire county except as provided by this section. Judicial districts smallersize than the entire county may be created subsequent to a general election where a majority of the persons voting on thproposition adopt the proposition "to allow the division of ________ County into judicial districts composed of parts of _______County." No redistricting plan may be proposed or adopted by the legislature, the Judicial Districts Board, or the LegislatiRedistricting Board in anticipation of a future action by the voters of any county.

175 Section 8. District Court Jurisdiction

Section 8. District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, aremedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law

some other court, tribunal, or administrative body. District Court judges shall have the power to issue writs necessary to enfor

their jurisdiction.

The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, wi

such exceptions and under such regulations as may be prescribed by law.

176 Section 9. District Court Clerk

Section 9. There shall be a Clerk for the District Court of each county, who shall be elected by the qualified voters for Sta

and county officers, and who shall hold his office for four years, subject to removal by information, or by indictment of a gran

jury, and conviction of a petit jury. In case of vacancy, the Judge of the District Court shall have the power to appoint a Cler

who shall hold until the office can be filled by election.

Section 10. Right to Trial By Jury

Section 10. In the trial of all causes in the District Courts, the plaintiff or defendant shall, upon application made in ope

175 Amended 1891, 1973, and 1985.176 Amended 1954.

41



court, have the right of trial by jury; but no jury shall be empaneled in any civil case unless demanded by a party to the case, a

a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be prescribed by the Legislature.

177 Section 11. Disqualification of Judges

Section 11. No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected wi

him, either by 178affinity or 179consanguinity, within such a degree as may be prescribed by law, or when he shall have be

counsel in the case. When the Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals, or any member of eith

shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the Governor

the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination

such cause or causes. When a judge of the District Court is disqualified by any of the causes above stated, the parties may, bconsent, appoint a proper person to try said case; or upon their failing to do so, a competent person may be appointed to try tsame in the county where it is pending, in such manner as may be prescribed by law.

And the District Judges may exchange districts, or hold courts for each other when they may deem it expedient, and shall do

when required by law. This disqualification of judges of inferior tribunals shall be remedied and vacancies in their offices fill

as may be prescribed by law.

180 Section 12. Judges as Conservators of the Peace; Indictments and Informations vest Jurisdiction

Section 12. (a) All judges of courts of this State, by virtue of their office, are 181conservators of the peace throughout the State.

(b) An indictment is a written instrument presented to a court by a grand jury charging a person with the Commission of offense. An information is a written instrument presented to a court by an attorney for the State charging a person with tCommission of an offense. The practice and procedures relating to the use of indictments and informations, including thcontents, amendment, sufficiency, and requisites, are as provided by law. The 182 presentment of an indictment or information tocourt invests the court with jurisdiction of the cause.

Section 13. Number of Jurors

Section 13. Grand and petit juries in the District Courts shall be composed of twelve men; but nine members of a grand ju

shall be a quorum to transact business and present bills. In trials of civil cases, and in trials of criminal cases below the grade

felony in the District Courts, nine members of the jury, concurring, may render a verdict, but when the verdict shall be render

by less than the whole number, it shall be signed by every member of the jury concurring in it. When, pending the trial of a

case, one or more jurors not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the pow

to render the verdict; provided, that the Legislature may change or modify the rule authorizing less than the whole number of tjury to render a verdict.

183 Section 15. County Court; Judge

Section 15. There shall be established in each county in this State a County Court, which shall be a court of record; a

there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of t

State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be electand qualified. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law.

177 Amended 1891.178 Related by marriage.179 Of the same blood line.180 Amended 1891 and 1985.181 One that is responsible for the care.182 The complaint.183 Amended 1954.

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184 Section 16. Jurisdiction of County Courts

Section 16. The County Court has jurisdiction as provided by law. The County Judge is the presiding officer of the County Cou

and has judicial functions as provided by law. County court judges shall have the power to issue writs necessary to enforce the

jurisdiction.

County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. When tjudge of the County Court is disqualified in any case pending in the County Court the parties interested may, by consent, appoinproper person to try said case, or upon their failing to do so a competent person may be 185appointed to try the same in the counwhere it is pending in such manner as may be prescribed by law.

186 Section 17. Prosecutions in County Courts

Section 17. The County Court shall hold terms as provided by law. Prosecutions may be commenced in said court

information filed by the county attorney, or by affidavit, as may be provided by law. Grand juries empaneled in the District Cou

shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to t

County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County,

other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such cou

or magistrate to answer an information or affidavit. A jury in the County Court shall consist of six men; but no jury shall bempaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may

prescribed by law, unless he makes affidavit that he is unable to pay the same.

187 Section 18. Division of Counties into Precincts

Section 18. (a) Each county in the State with a population of 30,000 or more, according to the most recent federal census, fro

time to time, for the convenience of the people, shall be divided into not less than four and not more than eight precincts. Ea

county in the State with a population of 18,000 or more but less than 30,000, according to the most recent federal census, from tim

to time, for the convenience of the people, shall be divided into not less than two and not more than five precincts. Each coun

in the State with a population of less than 18,000, according to the most recent federal census, from time to time,

for the convenience of the people, shall be designated as a single precinct or, if the Commissioners Court determines that th

county needs more than one precinct, shall be divided into not more than four precincts. Notwithstanding the populati

requirements of this subsection, Chambers County, from time to time, for the convenience of the people, shall be divided in

not less than two and not more than six precincts. A division or designation under this subsection shall be made by t

Commissioners Court provided for by this Constitution.

Except as provided by Subsection (e) of this section, in each such precinct there shall be elected one Justice of the Peace an

one Constable, each of whom shall hold his office for four years and until his successor shall be elected and qualifie

provided that in a county with a population of less than 150,000, according to the most recent federal census, in any precinct

which there may be a city of 18,000 or more inhabitants, there shall be elected two Justices of the Peace, and in a county with

population of 150,000 or more, according to the most recent federal census, each precinct may contain more than one Justice of tPeace Court.

(b) Each county shall, in the manner provided for justice of the peace and constable precincts, be divided into fo

commissioners precincts in each of which there shall be elected by the qualified voters thereof one County Commissioner, wh

shall hold his office for four years and until his successor shall be elected and qualified. The County Commissioners

chosen, with the County Judge as presiding officer, shall compose the County Commissioners Court, which shall exercise su

184 Amended 1891, 1978, 1980 and 1985.185 The appointed judge must have an Oath of office on file with the Secretary of State, like all appointed officers are.186 Amended 1985.187 Amended 1954, 1983, 1985, 1987 and 1995.

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power s and jurisdiction over all county business, as is conferred by this Constitution and the laws of the State, or as may

hereafter prescribed.

(c) When the boundaries of justice of the peace and constable precincts are changed, each Justice and Constable in office on t

effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in tprecinct in which the person resides for the term to which each was elected or appointed, even though the change in boundariplaces the person's residence outside the precinct for which he was elected or appointed, abolishes the precinct for which he welected or appointed, or temporarily results in extra Justices or Constables serving in a precinct. When, as a result of a change

precinct boundaries, a vacancy occurs in the office of Justice of the Peace or Constable, the Commission ers Court shall fill t

vacancy by appointment until the next general election.

(d) When the boundaries of commissioners precincts are changed, each commissioner in office on the effective date of the chang

or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct to which each w

elected or appointed for the entire term to which each was elected or appointed, even though the change in boundaries places tperson's residence outside the precinct for which he was elected or appointed.

(e) The office of Constable in Mills County is abolished. The power s, duties, and records of the office are transferred to thCounty Sheriff.

(f) The office of Constable in Reagan County and the office of Constable in Roberts County are abolished. The functions of toffice are transferred to the County Sheriff. However, the office of Constable is abolished under this subsection only if, at tstatewide election at which the constitutional amendment providing for the abolition is submitted to the voters, a majority of tvoters of Reagan County or Roberts County, as applicable, voting on the question at that election favor the amendment.

188 Section 19. Justices of the Peace

Section 19. Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable b

fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such oth

jurisdiction as may be provided by law. Justices of the peace shall be 189ex officio notaries public.

190Section 20. County Clerk

Section 20. There shall be elected for each county, by the qualified voters, a County Clerk, who shall hold his office for fo

years, who shall be clerk of the County and Commissioners Courts and recorder of the county, whose duties, perquisites an

fees of office shall be prescribed by the Legislature, and a vacancy in whose office shall be filled by the Commissione

Court, until the next general election; provided, that in counties having a population of less than 8,000 persons there may be a

election of a single Clerk, who shall perform the duties of District and County Clerks.

191 Section 21. County and District Attorneys

Section 21. A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by tqualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of four years.

case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next gener

election. The County Attorneys shall represent the State in all cases in the District and inferior courts in their respecti

counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties

188 Amended 1978 and 1985.189 Solely by the virtue of his office he is a Notary Public.190 Amended 1954.191 Amended 1954.

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District Attorneys and County Attorneys shall in such counties be regulated by the Legislature. The Legislature may provide f

the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation

District Attorneys and County Attorneys. District Attorneys shall hold office for a term of four years, and until their successo

have qualified.

192 Section 23. County Sheriff

Section 23. There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term

four years, whose duties, qualifications, perquisites, and fees of office, shall be prescribed by the Legislature, and vacancies

whose office shall be filled by the Commissioners Court until the next general election.

Section 24. Removal of County Officers

Section 24. County Judges, county attorneys, clerks of the District and County Courts, justices of the peace, constables, and othcounty officers, may be removed by the Judges of the District Courts for incompetency, official misconduct, habitual drunkenneor other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury.

193Section 26. Appeal by State in Criminal Cases

Section 26. The State is entitled to appeal in criminal cases, as authorized by general law.

Section 27. Transfer of Cases

Section 27. The Legislature shall, at its first session, provide for the transfer of all business, civil and criminal, pending

District Courts, over which jurisdiction is given by this Constitution to the County Courts, or other inferior courts, to such Coun

or inferior courts, and for the trial or disposition of all such causes by such County or other inferior courts.

Section 28. Vacancies

194 Section 28. Vacancies In Offices Of Judges Of Superior Courts To Be Filled By The Governor.

Vacancies in the office of judges of the Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals and the Distr

Courts shall be filled by the Governor until the next succeeding General Election; and vacancies in the office of County Judand Justices of the Peace shall be filled by the Commissioners Court until the next succeeding General Election.

195 Section 29. Terms of County Courts

Section 29. The County Court shall hold at least four terms for both civil and criminal business annually, as may be provided

the Legislature, or by the Commissioners' Court of the county under authority of law, and such other terms each year as may bfixed by the Commissioners' Court; provided, the Commissioners' Court of any county having fixed the times and number of term

of the County Court, shall not change the same again until the expiration of one year. Said court shall dispose of proba

business either in term time or vacation, under such regulation as may be prescribed by law. Prosecutions may be commenced

said courts in such manner as is or may be provided by law, and a jury therein shall consist of six men. Until otherwise provide

the terms of the County Court shall be held on the first Mondays in February, May, August and November, and may remain

session three weeks.

192 Amended 1954 and 1993.193 Amended 1987.194 Amended 1891 and 1958.195 Added 1883.

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196 Section 30. Terms of Judges with County-Wide Jurisdiction and District Attorneys

Section 30. The Judges of all Courts of county-wide jurisdiction heretofore or hereafter created by the Legislature of this Stat

and all Criminal District Attorneys now or hereafter authorized by the laws of this State, shall be elected for a term of fo

years, and shall serve until their successors have qualified.

197 Section 31. Court Administration

Section 31. (a) The Supreme Court is responsible for the efficient administration of the judicial branch and shall promulga

rules of administration not inconsistent with the laws of the state as may be necessary for the efficient and uniform administratiof justice in the various courts.

(b) The Supreme Court shall promulgate rules of civil procedure for all courts not inconsistent with the laws of the state as m

be necessary for the efficient and uniform administration of justice in the various courts.

(c) The legislature may delegate to the Supreme Court or Court of Criminal Appeals the power to promulgate such other rules may be prescribed by law or this Constitution, subject to such limitations and procedures as may be provided by law.

ARTICLE VI

SUFFRAGE

198 Section 1. Persons Not allowed to Vote

Section 1. The following classes of persons shall not be allowed to vote in this State, to wit:

First: Persons under twenty-one (21) years of age.Second: Idiots and lunatics.

Third: All paupers supported by any county.

Fourth: All persons convicted of any felony, subject to such exceptions as the Legislature may make.

199Section 2. Qualifications

Section 2. Every person subject to none of the foregoing disqualifications who shall have attained the age of twenty-one (2

years and who shall be a citizen of the United States and who shall have resided in this State one (1) year next preceding

election and the last six (6) months within the district or county in which such person offers to vote, shall be deemed a qualifi

elector ; provided, however, that before offering to vote at an election a voter shall have registered annually, but such requireme

for registration shall not be considered a qualification of an elector within the meaning of the term "qualified elector" as used

any other Article of this Constitution in respect to any matter except qualification and eligibility to vote at an election. A

legislation enacted in anticipation of the adoption of this Amendment shall not be invalid because of its anticipatory nature. T

Legislature may authorize absentee voting. And this provision of the Constitution shall be self-enacting without the necessity

further legislation.

196 Added 1954.197 Added 1985.198 Amended 1932 and 1954.199 Amended 1896, 1902, 1921, 1954 and 1966.

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200 Section 2a. Exceptions to Residency Requirements

Section 2a. (a) Notwithstanding any other provision of this Constitution, the Legislature may enact laws and provide a method registration, including the time of such registration, permitting any person who is qualified to vote in this State except for tresidence requirements within a county or district, as set forth in Section 2 of this Article, to vote for (1) electors for President an

Vice President of the United States and (2) all offices, questions or propositions to be voted on by all electors throughout th

State.

(b) Notwithstanding any other provision of this Constitution, the Legislature may enact laws and provide for a method registration, including the time for such registration, permitting any person (1) who is qualified to vote in this State except for t

residence requirements of Section 2 of this Article, and (2) who shall have resided anywhere within this State at least thirty (3

days next preceding a General Election in a presidential election year, and (3) who shall have been a qualified elector in anoth

state immediately prior to his removal to this State or would have been eligible to vote in such other state had he remained theuntil such election, to vote for electors for President and Vice President of the United States in that election.

(c) Notwithstanding any other provision of this Constitution, the Legislature may enact laws and provide for a method registration, including the time for such registration, permitting absentee voting for electors for President and Vice President of t

United States in this State by former residents of this State (1) who have removed to another state, and (2) who meet aqualifications, except residence requirements, for voting for electors for President and Vice President in this State at the time of t

election, but the privileges of suffrage so granted shall be only for such period of time as would permit a former resident of th

State to meet the residence requirements for voting in his new state of residence, and in no case for more than twenty-four (2months.

Section 3. Municipal Elections

Section 3. All qualified electors of the State, as herein described, who shall have resided for six months immediate

preceding an election, within the limits of any city or corporate town, shall have the right to vote for Mayor and all oth

elective officers; but in all elections to determine expenditure of money or assumption of debt, only those shall be qualified

vote who pay taxes on property in said city or incorporated town; provided, that no poll tax for the payment of debts thus incurre

shall be levied upon the persons debarred from voting in relation thereto.

201 Section 3a. Qualifications to Vote on bond Issues

Section 3a. When an election is held by any county, or any number of counties, or any political sub-division of the State, or anpolitical sub-division of a county, or any defined district now or hereafter to be described and defined within the State and whicmay or may not include towns, villages or municipal corporations, or any city, town or village, for the purpose of issuing bonds otherwise lending credit, or expending money or assuming any debt, only qualified electors who own taxable property in the Stacounty, political sub-division, district, city, town or village where such election is held, and who have duly rendered the same f

taxation, shall be qualified to vote and all electors shall vote in the election precinct of their residence.

202 Section 4. Prevention of Voting Fraud

Section 4. In all elections by the people, the vote shall be by ballot, and the Legislature shall provide for the numbering

tickets and make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot bo

200 Added 1966.201 Added 1932.202 Amended 1891 and 1966

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and the Legislature shall provide by law for the registration of all voters.

Section 5. Voters Privileged from Arrest

Section 5. Voters shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the

attendance at elections, and in going to and returning therefrom.

ARTICLE VII

EDUCATION

THE PUBLIC FREE SCHOOLS

Section 1. Support of Public Schools

Section 1. A general diffusion of knowledge being 203essential to the preservation of the liberties and rights of the people,

shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of a

efficient system of public free schools.

Section 2. Public School Fund

Section 2. All funds, lands and other property heretofore set apart and 204appropriated for the support of public schools; all t

alternate sections of land reserved by the State out of grants heretofore made or that may hereafter be made to railroads or oth

corporations of any nature whatsoever; one half of the public domain of the State; and all sums of money that may come to t

State from the sale of any portion of the same, shall constitute a 205perpetual public school fund.

206 Section 2A. Release of Claim

Section 2A. The State of Texas hereby relinquishes and releases any claim of sovereign ownership or title to an undivided onthird interest in and to the lands and minerals within the Shelby, Frazier, and McCormick League (now located in Fort Bend an

Austin counties) arising out of the interest in that league originally granted under the Mexican Colonization Law of 1823 to JoMcCormick on or about July 24, 1824, and subsequently voided by the governing body of Austin's Original Colony on or aboDecember 15, 1830, and title to such interest in the lands and minerals is confirmed to the owners of the remaining interests in sulands and minerals. This section is self-executing.

207 Section 3. Taxes for Schools

Section 3. One-fourth of the revenue derived from the State occupation taxes and poll tax of one dollar on every inhabitant of t

State, between the ages of twenty-one and sixty years, shall be set apart annually for the benefit of the public free schools; a

in addition thereto, there shall be levied and collected an annual 208ad valorem State tax of such an amount not to exceed thirt

203 That which is necessary and is incapable of removal without destroying the thing itself.204 Taken without authority.205 Uninterrupted, everlasting.206 Added 1993.207 Amended 1883, 1908, 1909, 1918, 1920 and 1926.208 Imposed at a rate percent on the amount of value of the item.

48



five cents on the one hundred ($100.00) dollars valuation, as with the available school fund arising from all other sources, will

sufficient to maintain and support the public schools of this State for a period of not less than six months in each year, and it shabe the duty of the State Board of Education to set aside a sufficient amount out of the said tax to provide free text books for t

use of children attending the public free schools of this State; provided, however, that should the limit of taxation herein named insufficient the deficit may be met by appropriation from the general funds of the State and the Legislature may also provide for t

formation of school district by general laws; and all such school districts may embrace parts of two or more counties, and th

Legislature shall be authorized to pass laws for the assessment and collection of taxes in all said districts and for t

management and control of the public school or schools of such districts, whether such districts are composed of territory wholwithin a county or in parts of two or more counties, and the Legislature may authorize an additional ad valorem tax to be levied a

collected within all school districts heretofore formed or hereafter formed, for the further maintenance of public free schools, a

for the erection and equipment of school buildings therein; provided that a majority of the qualified property taxpaying voters of t

district voting at an election to be held for that purpose, shall vote such tax not to exceed in any one year one ($1.00) dollar on t

one hundred dollars valuation of the property subject to taxation in such district, but the limitation upon the amount of scho

district tax herein authorized shall not apply to incorporated cities or towns constituting separate and independent school distric

nor to independent or common school districts created by general or special law.

209 Section 3-b. Change in District Boundaries

Section 3-b. No tax for the maintenance of public free schools voted in any independent school district and no tax for t

maintenance of a junior college voted by a junior college district, nor any bonds voted in any such district, but unissued, shall babrogated, canceled or invalidated by change of any kind in the boundaries thereof. After any change in boundaries, the governi

body of any such district, without the necessity of an additional election, shall have the power to assess, levy and collect

valorem taxes on all taxable property within the boundaries of the district as changed, for the purposes of the maintenance

public free schools or the maintenance of a junior college, as the case may be, and the payment of principal of and interest on abonded indebtedness outstanding against, or attributable, adjusted or allocated to, such district or any territory therein, in thamount, at the rate, or not to exceed the rate, and in the manner authorized in the district prior to the change in its boundaries, an

further in accordance with the laws under which all such bonds , respectively, were voted; and such governing body also shahave the power , without the necessity of an additional election, to sell and deliver any unissued bonds voted in the district prior

any such change in boundaries, and to assess, levy and collect ad valorem taxes on all taxable property in the district as change

for the payment of principal of and interest on such bonds in the manner permitted by the laws under which such bonds we

voted. In those instances where the boundaries of any such independent school district are changed by the annexation of, consolidation with, one or more whole school districts, the taxes to be levied for the purposes hereinabove authorized may be in tamount or at not to exceed the rate theretofore voted in the district having at the time of such change the greatest scholastpopulation according to the latest scholastic census and only the unissued bonds of such district voted prior to such change, may bsubsequently sold and delivered and any voted, but unissued, bonds of other school districts involved in such annexation

consolidation shall not thereafter be issued.

210 Section 4. Sale of School Fund Land

Section 4. The lands herein set apart to the Public Free School fund, shall be sold under such regulations, at such times, and

such terms as may be prescribed by law; and the Legislature shall not have power to grant any relief to purchasers thereof. T

proceeds of such sales must be used to acquire other land for the Public Free School fund as provided by law or the proceeds shabe invested by the comptroller of public accounts, as may be directed by The board of Education herein provided for, in the bon

of the United States, the State of Texas, or counties in said State, or in such other securities, and under such restrictions as may

prescribed by law; and the State shall be responsible for all investments.

209 Added 1962, amended 1966.210 Amended 1883, 1985 and 1995.

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211Section 4A. Application for Patent of School Fund Land

Section 4A. (a) On application to the School Land Board, a natural person is entitled to receive a patent to land from tCommissioner of the General Land Office if:

(1) the land is surveyed public free school fund land, either surveyed or platted according to records of the General Land Office;(2) the land was not patentable under the law in effect immediately before adoption of this section;(3) the person acquired the land without knowledge of the title defect out of the State of Texas or Republic of Texas and held t

land under color of title, the chain of which dates from at least as early as January 1, 1941; and(4) the person, in conjunction with his predecessors in interest:

(A) has a recorded deed on file in the respective county courthouse and has claimed the land for a continuous period of at least 5years as of January 1, 1991; and

(B) for at least 50 years has paid taxes on the land together with all interest and penalties associated with any period

delinquency of the taxes; provided, however, that in the event that public records concerning the tax payments on the land aunavailable for any period within the past 50 years, the tax assessors-collectors of the taxing jurisdictions in which the land

located shall provide the School Land Board with a sworn certificate stating that, to the best of their knowledge, all taxes ha

been paid for the past 50 years and there are no outstanding taxes nor interest or penalties currently due against the property.

(b) The applicant for the patent must submit to the School Land Board certified copies of his chain of title and a survey of the lan

for which a patent is sought, if requested to do so by the board. The board shall determine the qualifications of the applicant receive a patent under this section. On a finding by The board that the applicant meets the requirements of Subsection (a) of th

section, the Commissioner of the General Land Office shall award the applicant a patent. If the applicant is denied a patent,

may file suit against The board in a district court of the county in which the land is situated within 60 days from the date of t

denial of the patent under this section. The trial shall be de novo and not subject to the Administrative Procedure and Tex

Register Act, and the burden of proof is on the applicant.

(c) This section does not apply to beach land, submerged or filled land, or islands and may not be used by an applicant to resolveboundary dispute. This section does not apply to land that, pursuant to an action filed previous to the date of an application fpatent thereon, was found by a court of competent jurisdiction to be state owned or to land on which the state has given a minerlease that is in effect on the date of an application for patent thereon. A patent under this section for land within five miles

mineral production shall reserve minerals to the state in the same manner provided by law for reservations of minerals in sales

good faith claimants of unsurveyed school land within five miles of production.

(d) Application for a patent under this section must be filed with the School Land Board before January 1, 1993.

(e) This section is self-executing.

212Section 5. Composition and Use of Permanent School Fund

Section 5. (a) The principal of all bonds and other funds, and the principal arising from the sale of the lands hereinbefore s

apart to said school fund, shall be the permanent school fund, and all the interest derivable therefrom and the taxes here

authorized and levied shall be the available school fund. The available school fund shall be applied annually to the suppo

of the public free schools. Except as provided by this section, no law shall ever be enacted appropriating any part of t

permanent or available school fund to any other purpose whatever; nor shall the same, or any part thereof ever be 213appropriat

to or used for the support of any sectarian school; and the available school fund herein provided shall be distributed to t

several counties according to their scholastic population and applied in such manner as may be provided by law.

211 Added 1991.212 Amended 1891, 1964, 1983, 1988 and 1989.213 Taken without authority.

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(b) The legislature by law may provide for using the permanent school fund and the income from the permanent school fund guarantee bonds issued by school districts or by the state for the purpose of making loans to or purchasing the bonds of scho

districts for the purpose of acquisition, construction, or improvement of instructional facilities including all furnishings thereto.

any payment is required to be made by the permanent school fund as a result of its guarantee of bonds issued by the state,

amount equal to this payment shall be immediately paid by the state from the treasury to the permanent school fund. An amou

owed by the state to the permanent school fund under this section shall be a general obligation of the state until paid. T

amount of bonds authorized hereunder shall not exceed $750 million or a higher amount authorized by a two-thirds record voof both houses of the legislature. If the proceeds of bonds issued by the state are used to provide a loan to a school district and th

district becomes delinquent on the loan payments, the amount of the delinquent payments shall be offset against state aid

which the district is otherwise entitled.

(c) The legislature may appropriate part of the available school fund for administration of the permanent school fund or of a boguarantee program established under this section.(d) Notwithstanding any other provision of this constitution, in managing tassets of the permanent school fund, the State Board of Education may acquire, exchange, sell, supervise, manage, or retathrough procedures and subject to restrictions it establishes and in amounts it considers appropriate, any kind of investmenincluding investments in the Texas growth fund created by Article XVI, Section 70, of this constitution, that persons of ordinaprudence, discretion, and intelligence, exercising the judgment and care under the circumstances then prevailing, acquire or retafor their own account in the management of their affairs, not in regard to speculation but in regard to the permanent disposition their funds, considering the probable income as well as the probable safety of their capital.

214Section 6. County School Land

Section 6. All lands heretofore, or hereafter granted to the several counties of this State for educational purposes, are of right t

property of said counties respectively, to which they were granted, and title thereto is vested in said counties, and no advers

possession or limitation shall ever be available against the title of any county. Each county may sell or dispose of its lands

whole or in part, in manner to be provided by the Commissioners' Court of the county. Actual settlers residing on said land

shall be protected in the prior right of purchasing the same to the extent of their settlement, not to exceed one hundred and six

acres, at the price fixed by said court, which price shall not include the value of existing improvements made thereon by su

settlers. Said lands, and the proceeds thereof, when sold, shall be held by said counties alone as a trust for the benefit of pub

schools therein; said proceeds to be invested in bonds of the United States, the State of Texas, or counties in said State, or in suc

other securities, and under such restrictions as may be prescribed by law; and the counties shall be responsible for ainvestments; the interest thereon, and other revenue, except the principal shall be available fund.

215 Section 6a. Taxation of County School Land

Section 6a. All agricultural or grazing school land mentioned in Section 6 of this article owned by any county shall bsubject to taxation except for State purposes to the same extent as lands privately owned.

ARTICLE VIII

TAXATION

216 Section 1. Taxes to be Equal and Uniform

214 Amended 1883.215 Added 1926.216 Amended 1978, 1987, 1989, 1991, 1993 and 1995.

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Section 1. (a) Taxation shall be equal and uniform.

(b) All real property and tangible personal property in this State, unless exempt as required or permitted by this Constitutio

whether owned by natural persons or corporations, other than municipal, shall be taxed in proportion to its value, which shabe ascertained as may be provided by law.

(c) The Legislature may provide for the taxation of intangible property and may also impose occupation taxes, both upon naturpersons and upon corporations, other than municipal, doing any business in this State. Subject to the restrictions of Section 24 this article, it may also tax incomes of both natural persons and corporations other than municipal. Persons engaged in mechanic

and agricultural pursuits shall never be required to pay an occupation tax.

(d) The Legislature by general law shall exempt from 217ad valorem taxation household goods not held or used for the producti

of income and personal effects not held or used for the production of income. The Legislature by general law may exempt from valorem taxation:

(1) All or part of the personal property homestead of a family or single adult, "personal property homestead" meaning th

personal property exempt by law from forced sale for debt; and

(2) subject to Subsections (e) and (g) of this section, all other tangible personal property, except structures which are person

property and are used or occupied as residential dwellings and except property held or used for the production of income.

(e) The governing body of a political subdivision, other than a county education district, may provide for the taxation of aproperty exempt under a law adopted under Subdivision (2) of Subsection (d) of this section and not exempt from ad valoretaxation by any other law. In the manner provided by law, the voters of a county education district at an election held for th

purpose may provide for the taxation of all property exempt under a law adopted under Subdivision (2) of Subsection (d) of th

section and not exempt from ad valorem taxation by any other law.

(f) The occupation tax levied by any county, city or town for any year on persons or corporations pursuing any profession

business, shall not exceed one half of the tax levied by the State for the same period on such profession or business.

(g) The Legislature may exempt from ad valorem taxation tangible personal property that is held or used for the production income and has a taxable value of less than the minimum amount sufficient to recover the costs of the administration of the taxes the property, as determined by or under the general law granting the exemption.

(h) The Legislature may exempt from ad valorem taxation a mineral interest that has a taxable value of less than the minimuamount sufficient to recover the costs of the administration of the taxes on the interest, as determined by or under the general lagranting the exemption.

218 Section 1-a. No State Ad Valorem Tax

Section 1-a. From and after January 1, 1951, no State ad valorem tax shall be levied upon any property within this State fgeneral revenue purposes. From and after January 1, 1951, the several counties of the State are authorized to levy ad valorem tax

upon all property within their respective boundaries for county purposes, except the first Three Thousand Dollars ($3,000) val

of residential homesteads of married or unmarried adults, male or female, including those living alone, not to exceed thirty cen

(30›) on each One Hundred Dollars ($100) valuation, in addition to all other ad valorem taxes authorized by the Constitution

this State, provided the revenue derived therefrom shall be used for construction and maintenance of Farm to Market Roads

for Flood Control, except as herein otherwise provided.

217 Imposed at a rate percent on the amount of value of the item.218 Added 1932, amended 1933, 1948 and 1973.

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Provided that in those counties or political subdivisions or areas of the State from which tax donations have heretofore be

granted, the State Automatic Tax Board shall continue to levy the full amount of the State ad valorem tax for the duration of su

donation, or until all legal obligations heretofore authorized by the law granting such donation or donations shall have been ful

discharged, whichever shall first occur; provided that if such donation to any such county or political subdivision is for less tha

the full amount of State ad valorem taxes so levied, the portion of such taxes remaining over and above such donation shall bretained by said county or subdivision.

219 Section 1-b. Homestead Exemption

Section 1-b. (a) Three Thousand Dollars ($3,000) of the assessed taxable value of all residence homesteads of married

unmarried adults, male or female, including those living alone, shall be exempt from all taxation for all State purposes.

(b) The governing body of any county, city, town, school district, or other political subdivision of the State, other than a couneducation district, may exempt by its own action not less than Three Thousand Dollars ($3,000) of the market value of residenhomesteads of persons, married or unmarried, including those living alone, who are under a disability for purposes of payment disability insurance benefits under Federal Old-Age, Survivors, and Disability Insurance or its successor or of married or unmarri

persons sixty-five (65) years of age or older, including those living alone, from all ad valorem taxes thereafter levied by t

political subdivision. As an alternative, upon receipt of a petition signed by twenty percent (20%) of the voters who voted in tlast preceding election held by the political subdivision, the governing body of the subdivision shall call an election to determi

by majority vote whether an amount not less than Three Thousand Dollars ($3,000) as provided in the petition, of the market valu

of residence homesteads of disabled persons or of persons sixty-five (65) years of age or over shall be exempt from ad valore

taxes thereafter levied by the political subdivision. In the manner provided by law, the voters of a county education district at election held for that purpose may exempt an amount not less than Three Thousand Dollars ($3,000), as provided in the petition, the market value of residence homesteads of disabled persons or of persons sixty-five (65) years of age or over from ad valoretaxes thereafter levied by the county education district. An eligible disabled person who is sixty-five (65) years of age or older mnot receive both exemptions from the same political subdivision in the same year but may choose either if the subdivision hadopted both. Where any 220ad valorem tax has theretofore been pledged for the payment of any debt, the taxing officers of t

political subdivision shall have authority to continue to levy and collect the tax against the homestead property at the same rate

the tax so pledged until the debt is discharged, if the cessation of the levy would impair the obligation of the contract by which tdebt was created. An exemption adopted under this subsection based on assessed value is increased, effective January 1, 1979, an amount that, when converted to market value, provides the same reduction in taxes, except that the market value exempti

shall be rounded to the nearest $100.

(c) Five Thousand Dollars ($5,000) of the market value of the residence homestead of a married or unmarried adult, including oliving alone, is exempt from ad valorem taxation for general elementary and secondary public school purposes. In addition to thexemption, the legislature by general law may exempt an amount not to exceed Ten Thousand Dollars ($10,000) of the markvalue of the residence homestead of a person who is disabled as defined in Subsection (b) of this section and of a person sixty-fi(65) years of age or older from ad valorem taxation for general elementary and secondary public school purposes. The legislatuby general law may base the amount of and condition eligibility for the additional exemption authorized by this subsection fdisabled persons and for persons sixty-five (65) years of age or older on economic need. An eligible disabled person who is sixtfive (65) years of age or older may not receive both exemptions from a school district but may choose either. An eligible person

entitled to receive both the exemption required by this subsection for all residence homesteads and any exemption adopt

pursuant to Subsection (b) of this section, but the legislature shall provide by general law whether an eligible disabled or elder

person may receive both the additional exemption for the elderly and disabled authorized by this subsection and any exemption fthe elderly or disabled adopted pursuant to Subsection (b) of this section. Where ad valorem tax has previously been pledged fthe payment of debt, the taxing officers of a school district may continue to levy and collect the tax against the value of homesteaexempted under this subsection until the debt is discharged if the cessation of the levy would impair the obligation of the contra

by which the debt was created. The legislature shall provide for formulas to protect school districts against all or part of t

revenue loss incurred by the implementation of Article VIII, Sections 1-b(c), 1-b(d), and 1-d-1, of this Constitution. The legislatuby general law may define residence homestead for purposes of this section.

219 Added 1948, amended 1972, 1973, 1978, 1981, 1982, 1987, 1991, and 1995220 Imposed at a rate percent on the amount of value of the item.

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(d) Except as otherwise provided by this subsection, if a person receives the residence homestead exemption prescribed Subsection (c) of this section for homesteads of persons sixty-five (65) years of age or older, the total amount of ad valorem taximposed on that homestead for general elementary and secondary public school purposes may not be increased while it remains tresidence homestead of that person or that person's spouse who receives the exemption. If a person sixty-five (65) years of age older dies in a year in which the person received the exemption, the total amount of ad valorem taxes imposed on the homestead fgeneral elementary and secondary public school purposes may not be increased while it remains the residence homestead of thperson's surviving spouse if the spouse is fifty-five (55) years of age or older at the time of the person's death, subject to anexceptions provided by general law. However, taxes otherwise limited by this subsection may be increased to the extent the val

of the homestead is increased by improvements other than repairs or improvements made to comply with governmenrequirements.

(e) The governing body of a political subdivision, other than a county education district, may exempt from ad valorem taxationpercentage of the market value of the residence homestead of a married or unmarried adult, including one living alone. In tmanner provided by law, the voters of a county education district at an election held for that purpose may exempt from ad valoretaxation a percentage of the market value of the residence homestead of a married or unmarried adult, including one living alonThe percentage may not exceed twenty percent. However, the amount of an exemption authorized pursuant to this subsection mnot be less than Five Thousand Dollars ($5,000) unless the legislature by general law prescribes other monetary restrictions on tamount of the exemption. An eligible adult is entitled to receive other applicable exemptions provided by law. Where ad valoretax has previously been pledged for the payment of debt, the governing body of a political subdivision may continue to levy acollect the tax against the value of the homesteads exempted under this subsection until the debt is discharged if the 221cessation the levy would impair the obligation of the contract by which the debt was created. The legislature by general law may prescri

procedures for the administration of residence homestead exemptions.

(f) The surviving spouse of a person who received an exemption under Subsection (b) of this section for the residence homesteof a person sixty-five (65) years of age or older is entitled to an exemption for the same property from the same politicsubdivision in an amount equal to that of the exemption received by the deceased spouse if the deceased spouse died in a year which the deceased spouse received the exemption, the surviving spouse was fifty-five (55) years of age or older when the deceasspouse died, and the property was the residence homestead of the surviving spouse when thedeceased spouse died and remains the residence homestead of the surviving spouse. A person who receives an exemption undSubsection (b) of this section is not entitled to an exemption under this subsection. The legislature by general law may prescriprocedures for the administration of this subsection.

222 Section 1-e. No State Ad Valorem Taxes

Section 1-e. 1. No State ad valorem taxes shall be levied upon any property within this State.

2. All receipts from previously authorized State ad valorem taxes that are collected on or after the effective date of the 19

amendment to this section shall be deposited to the credit of the general fund of the county collecting the taxes and may b

expended for county purposes. Receipts from taxes collected before that date shall be distributed by the legislature amo

institutions eligible to receive distributions under prior law. Those receipts and receipts distributed under prior law may expended for the purposes provided under prior law or for repair and renovation of existing permanent improvements.

Section 3. All Taxes by General laws

Section 3. Taxes shall be levied and collected by general laws and for public purposes only.

Section 4. Power to Tax Corporations

Section 4. The power to tax corporations and corporate property shall not be surrendered or suspended by act of the Legislatur

by any contract or grant to which the State shall be a party.

Section 6. Appropriations

221 The temporary or final ceasing or stopping of an action.222 Added 1968, amended 1982.

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Section 6. No money shall be drawn from the Treasury but in pursuance of specific appropriations made by law; nor shaany appropriation of money be made for a longer term than two years, except by the first Legislature to assemble under thConstitution, which may make the necessary appropriations to carry on the government until the assemblage of the sixteenLegislature.

Section 7. No Borrowing From Special Funds

Section 7. The Legislature shall not have power to borrow, or in any manner divert from its purpose, any special fund that ma

or ought to, come into the Treasury; and shall make it penal for any person or persons to borrow, withhold or in any manner divert from its purpose any special fund, or any part thereof. 223 Section 7-a. Motor Vehicle Registration Fees

Section 7-a. Subject to legislative appropriation, allocation and direction, all net revenues remaining after payment of arefunds allowed by law and expenses of collection derived from motor vehicle registration fees, and all taxes, except gro

production and ad valorem taxes, on motor fuels and lubricants used to propel motor vehicles over public roadways, shall bused for the sole purpose of acquiring rights-of-way, constructing, maintaining, and policing such public roadways, and for tadministration of such laws as may be prescribed by the Legislature pertaining to the supervision of traffic and safety on suroads; and for the payment of the principal and interest on county and road district bonds or warrants voted or issued prior January 2, 1939, and declared eligible prior to January 2, 1945, for payment out of the County and Road District Highway Fu

under existing law; provided, however, that one-fourth ( 1/4 ) of such net revenue from the motor fuel tax shall be allocated

the Available School Fund; and, provided, however, that the net revenue derived by counties from motor vehicle registration fe

shall never be less than the maximum amounts allowed to be retained by each County and the percentage allowed to be retain

by each County under the laws in effect on January 1, 1945. Nothing contained herein shall be construed as authorizing t

pledging of the State's credit for any purpose. 224 Section 7-b. Revenues From Federal Government For Public Roadways

Section 7-b. All revenues received from the federal government as reimbursement for state expenditures of funds that a

themselves dedicated for acquiring rights-of-way and constructing, maintaining, and policing public roadways are al

constitutionally dedicated and shall be used only for those purposes.

225 Section 9. Maximum Tax Rate

Section 9. The State tax on property, exclusive of the tax necessary to pay the public debt, and of the taxes provided for t

benefit of the public free schools, shall never exceed Thirty-five Cents (35c) on the One Hundred Dollars ($100) valuation; a

no county, city or town shall levy a tax rate in excess of Eighty Cents (80c) on the One Hundred Dollars ($100) valuation in a

one (1) year for general fund, permanent improvement fund, road and bridge fund and jury fund purposes; provided further that

the time the Commissioners Court meets to levy the annual tax rate for each county it shall levy whatever tax rate may be need

for the four (4) constitutional purposes; namely, general fund, permanent improvement fund, road and bridge fund and jury fund long as the Court does not impair any outstanding bonds or other obligations and so long as the total of the foregoing tax levidoes not exceed Eighty Cents (80›) on the One Hundred Dollars ($100) valuation in any one (1) year. Once the Court has levi

the annual tax rate, the same shall remain in force and effect during that taxable year; and the Legislature may also authorize

additional annual ad valorem tax to be levied and collected for the further maintenance of the public roads; provided, that a major

of the qualified property taxpaying voters of the county voting at an election to be held for that purpose shall vote such tax, not

exceed Fifteen Cents (15›) on the One Hundred Dollars ($100) valuation of the property subject to taxation in such county. A

county may put all tax money collected by the county into one general fund, without regard to the purpose or source of each ta

And the Legislature may pass local laws for the maintenance of the public roads and highways, without the local notice required f

special or local laws. This Section shall not be construed as a limitation of power s delegated to counties, cities or towns by an

223 Added 1946.224 Added 1988.225 Amended 1883, 1890, 1906, 1944, 1956 and 1967.

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other Section or Sections of this Constitution.

Section 10. Release From Taxes

Section 10. The Legislature shall have no power to release the inhabitants of, or property in, any county, city or town from th

payment of taxes levied for State or county purposes, unless in case of great public 226calamity in any such county, city or towwhen such release may be made by a vote of two-thirds of each House of the Legislature.

Section 11. Place of Assessment and Payment of Taxes

Section 11. All property, whether owned by persons or corporations shall be assessed for taxation, and the taxes paid in t

county where situated, but the Legislature may, by a two-thirds vote, authorize the payment of taxes of non-residents of counties

be made at the office of the Comptroller of Public Accounts. And all lands and other property not rendered for taxation by t

owner thereof shall be assessed at its fair value by the proper officer .

227Section 13. Sales of Property for Taxes

Section 13. (a) Provision shall be made by the Legislature for the sale of a sufficient portion of all lands and other proper

for the taxes due thereon that have not been paid.

(b) The deed of conveyance to the purchaser for all lands and other property thus sold shall be held to vest a good and perfe

title in the purchaser thereof, subject only to redemption as provided by this section or impeachment for actual fraud.

(c) The former owner of a residence homestead sold for unpaid taxes and the former owner of land designated for agricultural u

sold for unpaid taxes shall within two years from date of the filing for record of the Purchaser's Deed have the right to redeem t

property on the following basis:

(1) Within the first year of the redemption period, upon the payment of the amount of money paid for the property, including th

Tax Deed Recording Fee and all taxes, penalties, interest, and costs paid plus an amount not exceeding 25 percent of the aggrega

total; and

(2) Within the last year of the redemption period, upon the payment of the amount of money paid for the property, including th

Tax Deed Recording Fee and all taxes, penalties, interest, and costs paid plus an amount not exceeding 50 percent of the aggrega

total.

(d) If the property is sold pursuant to a suit to enforce the collection of the unpaid taxes, the Legislature may limit the applicatiof Subsection (c) of this section to property used as a residence homestead when the suit was filed and to land designated f

agricultural use when the suit was filed.

(e) The former owner of real property not covered by Subsection (c) of this section sold for unpaid taxes shall within six mont

from the date of filing for record of the Purchaser's Deed have the right to redeem the property upon the payment of the amount

money paid for the property, including the Tax Deed Recording Fee and all taxes, penalties, interest, and costs paid plus

amount not exceeding 25 percent of the aggregate total.

226 A state of deep distress or misery caused by major misfortune or loss.227 Amended 1932 and 1993.

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228 TEMPORARY PROVISION (a) This temporary provision applies to the constitutional amendment proposed by S.J.R. No. 173rd Legislature, Regular Session, 1993, and expires January 1, 1997.

(b) The amendment to Article VIII, Section 13, of this Constitution takes effect January 1, 1994.

(c) The amendment applies to redemption of real property sold at a tax sale for which the purchaser's deed if filed for record on after the effective date of this amendment. Redemption of real property sold at a tax sale for which the purchaser's deed is filed frecord before the effective date of this amendment is covered by the former law, and the former law is continued in effect for thpurpose.

229Section 14. Tax Assessor

Section 14. Except as provided in Section 16 of this Article, there shall be elected by the qualified voters of each county,

Assessor and Collector of Taxes, who shall hold his office for four years and until his successor is elected and qualified; and su

Assessor and Collector of Taxes shall perform all the duties with respect to assessing property for the purpose of taxation and

collecting taxes, as may be prescribed by the Legislature.

Section 15. Assessment as Lien for Taxes

Section 15. The annual assessment made upon landed property shall be a special lien thereon; and all property, both real a

personal, belonging to any delinquent taxpayer shall be liable to seizure and sale for the payment of all the taxes and penalti

due by such delinquent; and such property may be sold for the payment of the taxes and penalties due by such delinquent, undsuch regulations as the Legislature may provide. 230 Section 16. Tax Assessor in Counties Having 10,000 or More Inhabitants

Section 16. The Sheriff of each county, in addition to his other duties, shall be the Assessor and Collector of Taxes therefo

but, in counties having 10,000 or more inhabitants, to be determined by the last preceding census of the United States, an Assess

and Collector of Taxes shall be elected as provided in Section 14 of this Article, and shall hold office for four years and un

his successor shall be elected and qualified. 231 Section 16a. Tax Assessor in Counties Having Less Than 10,000 Inhabitants

Section 16a. In any county having a population of less than ten thousand (10,000) inhabitants, as determined by the last precedicensus of the United States, the Commissioners Court may submit to the qualified property taxpaying voters of such county at election the question of adding an Assessor-Collector of Taxes to the list of authorized county officials. If a majority of such vote

voting in such election shall approve of adding an Assessor-Collector of Taxes to such list, then such official shall be elect

at the next General Election for such constitutional term of office as is provided for other Tax Assessor-Collectors in this State.

Section 17. SPECIFICATION OF SUBJECTS NOT LIMITATION OF LEGISLATURE'S POWER

Section 17. The specification of the objects and subjects of taxation shall not deprive the Legislature of the power to requ

other subjects or objects to be taxed in such manner as may be consistent with the principles of taxation fixed in this Constitution.

232Section 18. Equalization of Property Valuations

Section 18. (a) The Legislature shall provide for equalizing, as near as may be, the valuation of all property subject to

228 Added 1993.229 Amended 1932 and 1954.230 Amended 1932 and 1954.231 Added 1954.232 Amended 1980.

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rendered for taxation, and may also provide for the classification of all lands with reference to their value in the several counties

(b) A single appraisal within each county of all property subject to 233ad valorem taxation by the county and all other taxi

units located therein shall be provided by general law. The Legislature, by general law, may authorize appraisals outside

county when political subdivisions are situated in more than one county or when two or more counties elect to consolidate appraisservices.

(c) The Legislature, by general law, shall provide for a single board of equalization for each appraisal entity consisting qualified persons residing within the territory appraised by that entity. Members of The board of equalization may not be electofficials of the county or of the governing body of a taxing unit.

(d) The Legislature shall prescribe by general law the methods, timing, and administrative process for implementing t

requirements of this section.

234Section 19. Exemption of Farm Products and Family Supplies

Section 19. Farm products, livestock, and poultry in the hands of the producer, and family supplies for home and farm use, a

exempt from all taxation until otherwise directed by a two-thirds vote of all the members elect to both houses of the Legislature

235 Section 19a. Exemption of Implements of Husbandry

Section 19a. Implements of 236husbandry that are used in the production of farm or ranch products are exempt from ad valoretaxation.

237 Section 20. Assessments Limited to Market Value

Section 20. No property of any kind in this State shall ever be assessed for ad valorem taxes at a greater value than its fair ca

market value nor shall any Board of Equalization of any governmental or political subdivision or taxing district within this Stafix the value of any property for tax purposes at more than its fair cash market value; provided that in order to encourage the prom

payment of taxes, the Legislature shall have the power to provide that the taxpayer shall be allowed by the State and agovernmental and political subdivisions and taxing districts of the State a three per cent (3%) discount on ad valorem taxes due tState or due any governmental or political subdivision or taxing district of the State if such taxes are paid ninety (90) days befo

the date when they would otherwise become delinquent; and the taxpayer shall be allowed a two per cent (2%) discount on sa

taxes if paid sixty (60) days before said taxes would become delinquent; and the taxpayer shall be allowed a one per cent (1%

discount if said taxes are paid thirty (30) days before they would otherwise become delinquent. This amendment shall beffective January 1, 1939. The Legislature shall pass necessary laws for the proper administration of this Section.

238 Section 21. Increases in Property Taxes

Section 21. (a) Subject to any exceptions prescribed by general law, the total amount of property taxes imposed by a politicsubdivision in any year may not exceed the total amount of property taxes imposed by that subdivision in the preceding year unlethe governing body of the subdivision gives notice of its intent to consider an increase in taxes and holds a public hearing on t

proposed increase before it increases those total taxes. The legislature shall prescribe by law the form, content, timing, an

233 Imposed at a rate percent on the amount of value of the item.234 Added 1879, amended 1981.235 Added 1982.236 The care of a household.237 Added 1937.238 Added 1978, amended 1981.

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methods of giving the notice and the rules for the conduct of the hearing.

(b) In calculating the total amount of taxes imposed in the current year for the purposes of Subsection (a) of this section, the taxon property in territory added to the political subdivision since the preceding year and on new improvements that were not taxabin the preceding year are excluded. In calculating the total amount of taxes imposed in the preceding year for the purposes Subsection (a) of this section, the taxes imposed on real property that is not taxable by the subdivision in the current year aexcluded.

(c) The legislature by general law shall require that, subject to reasonable exceptions, a property owner be given notice of

revaluation of his property and a reasonable estimate of the amount of taxes that would be imposed on his property if the totamount of property taxes for the subdivision were not increased according to any law enacted pursuant to Subsection (a) of thsection. The notice must be given before the procedures required in Subsection (a) are instituted.

239 Section 22. Growth of Appropriations

Section 22. (a) In no 240biennium shall the rate of growth of appropriations from state tax revenues not dedicated by th

Constitution exceed the estimated rate of growth of the state's economy. The legislature shall provide by general law procedur

to implement this subsection.

(b) If the legislature by adoption of a resolution approved by a record vote of a majority of the members of each house finds than emergency exists and identifies the nature of the emergency, the legislature may provide for appropriations in excess of tamount authorized by Subsection (a) of this section. The excess authorized under this subsection may not exceed the amouspecified in the resolution.

(c) In no case shall appropriations exceed revenues as provided in Article III, Section 49a, of this Constitution. Nothing in th

section shall be construed to alter, amend, or repeal Article III, Section 49a, of this Constitution.

241 Section 23. No Statewide Appraisal of Property

Section 23. (a) There shall be no statewide appraisal of real property for ad valorem tax purposes; however, this shall n

preclude formula distribution of tax revenues to political subdivisions of the state.

(b) Administrative and judicial enforcement of uniform standards and procedures for appraisal of property for ad valorem t

purposes, as prescribed by general law, shall originate in the county where the tax is imposed, except that the legislature m

provide by general law for political subdivisions with boundaries extending outside the county. 242 Section 24. Vote Required for Personal Income Tax

Section 24. (a) A general law enacted by the legislature that imposes a tax on the net incomes of natural persons, including

person's share of partnership and unincorporated association income, must provide that the portion of the law imposing the tax ntake effect until approved by a majority of the registered voters voting in a statewide referendum held on the question imposing the tax. The referendum must specify the rate of the tax that will apply to taxable income as defined by law.

(b) A general law enacted by the legislature that increases the rate of the tax, or changes the tax, in a manner that results in

increase in the combined income tax liability of all persons subject to the tax may not take effect until approved by a majority

239 Added 1978.240 A period of two years.241 Added 1978.242 Added 1993.

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the registered voters voting in a statewide referendum held on the question of increasing the income tax. A determination

whether a bill proposing a change in the tax would increase the combined income tax liability of all persons subject to the t

must be made by comparing the provisions of the proposed change in law with the provisions of the law for the most recent year which actual tax collections have been made. A 243referendum held under this subsection must specify the manner in which t

proposed law would increase the combined income tax liability of all persons subject to the tax.

(c) Except as provided by Subsection (b) of this section, the legislature may amend or repeal a tax approved by the voters undthis section without submitting the amendment or the repeal to the voters as provided by Subsection (a) of this section.

(d) If the legislature repeals a tax approved by the voters under this section, the legislature may reenact the tax without submittithe reenactment to the voters as provided by Subsection (a) of this section only if the effective date of the reenactment of the taxbefore the first anniversary of the effective date of the repeal.

(e) The legislature may provide for the taxation of income in a manner which is consistent with federal law.

(f) In the first year in which a tax described by Subsection (a) is imposed and during the first year of any increase in the tax that

subject to Subsection (b) of this section, not less than two-thirds of all net revenues remaining after payment of all refun

allowed by law and expenses of collection from the tax shall be used to reduce the rate of ad valorem maintenance and operatio

taxes levied for the support of primary and secondary public education. In subsequent years, not less than two-thirds of all n

revenues from the tax shall be used to continue such 244ad valorem tax relief.

(g) The net revenues remaining after the dedication of money from the tax under Subsection (f) of this section shall be used f

support of education, subject to legislative appropriation, allocation, and direction.

(h) The maximum rate at which a school district may impose ad valorem maintenance and operation taxes is reduced by aamount equal to one cent per $100 valuation for each one cent per $100 valuation that the school district's ad valorem maintenanand operation tax is reduced by the minimum amount of money dedicated under Subsection (f) of this section, provided thatschool district may subsequently increase the maximum ad valorem maintenance and operation tax rate if the increased maximurate is approved by a majority of the voters of the school district voting at an election called and held for that purpose. T

legislature by general law shall provide for the tax relief that is required by Subsection (f) and this subsection.

(I) Subsections (f) and (h) of this section apply to ad valorem maintenance and operation taxes levied by a school district on after the first January 1 after the date on which a tax on the net incomes of natural persons, including a person's share of partnershand unincorporated association income, begins to apply to that income, except that if the income tax begins to apply on a JanuarySubsections (f) and (h) of this section apply to ad valorem maintenance and operation taxes levied on or after that date.

(j) A provision of this section prevails over a conflicting provision of Article VII, Section 3, of this Constitution to the extent the conflict.

ARTICLE XIMUNICIPAL CORPORATIONS

Section 1. Counties as Legal Subdivisions

Section 1. The several counties of this State are hereby recognized as legal subdivisions of the State.

Section 2. Construction of Jails, Court-houses, Bridges and Roads

243 A vote on a principal or practice, to become a rule, to go by.244 Imposed at a rate percent on the amount of value of the item.

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Section 2. The construction of jails, court-houses and bridges and the establishment of county poor houses and farms, and t

laying out, construction and repairing of county roads shall be provided for by general laws.

245Section 3. Investment in Private Corporations

Section 3. No county, city, or other municipal corporation shall hereafter become a subscriber to the capital of any priva

corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; but this shall notconstrued to in any way affect any obligation heretofore undertaken pursuant to law or to prevent a county, city, or other municipcorporation from investing its funds as authorized by law.

246Section 4. Charter , Taxes of Cities and Towns with Population of 5,000 or Less

Section 4. Cities and towns having a population of five thousand or less may be chartered alone by general law. They may lev

assess and collect such taxes as may be authorized by law, but no tax for any purpose shall ever be lawful for any one year whi

shall exceed one and one-half per cent of the taxable property of such city; and all taxes shall be collectible only in curre

money, and all licenses and occupation taxes levied, and all fines, 247forfeitures and penalties accruing to said cities and tow

shall be collectible only in current money.

248 Section 5. Charter , Taxes of Cities and Towns with Population of More than 5,000 Population

Section 5. Cities having more than five thousand (5000) inhabitants may, by a majority vote of the qualified voters of said city,

an election held for that purpose, adopt or amend their charters. If the number of inhabitants of cities that have adopted or amendtheir charters under this section is reduced to five thousand (5000) or fewer, the cities still may amend their charters by a majorivote of the qualified voters of said city at an election held for that purpose. The adoption or amendment of charters is subject

such limitations as may be prescribed by the Legislature, and no charter or any ordinance passed under said charter shall conta

any provision inconsistent with the Constitution of the State, or of the general laws enacted by the Legislature of this State. Sa

cities may levy, assess and collect such taxes as may be authorized by law or by their charters; but no tax for any purpose shaever be lawful for any one year, which shall exceed two and one-half per cent. of the taxable property of such city, and no de

shall ever be created by any city, unless at the same time provision be made to assess and collect annually a sufficient sum

pay the interest thereon and creating a sinking fund of at least two per cent. thereon. Furthermore, no city charter shall baltered, amended or repealed oftener than every two years.

Section 6. Taxes to Pay Indebtedness

Section 6. Counties, cities and towns are authorized in such mode as may now or may hereafter be provided by law, to lev

assess and collect the taxes necessary to pay the interest and provide a sinking fund to satisfy any indebtedness heretofore legal

made and undertaken; but all such taxes shall be assessed and collected separately from that levied, assessed and collected f

current expenses of municipal government, and shall when levied specify in the act of levying the purpose therefor, and su

taxes may be paid in the coupons, bonds or other indebtedness for the payment of which such tax may have been levied. 249 Section 7. Taxes for Sea Walls, Breakwaters and Sanitation

Section 7. All counties and cities bordering on the coast of the Gulf of Mexico are hereby authorized upon a vote of t

245 Amended 1989.246 Amended 1909 and 1920.247 The loss of property or money because of a breach of a legal obligation.248 Amended 1909, 1912 and 1991.249 Amended 1932 and 1973.

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majority of the resident property taxpayers voting thereon at an election called for such purpose to levy and collect such tax fconstruction of sea walls, breakwaters, or sanitary purposes, as may now or may hereafter be authorized by law, and may create

debt for such works and issue bonds in evidence thereof. But no debt for any purpose shall ever be incurred in any manner

any city or county unless provision is made, at the time of creating the same, for levying and collecting a sufficient tax to pay tinterest thereon and provide at least two per cent (2%) as a sinking fund; and the condemnation of the right of way for the erectio

of such works shall be fully provided for .

Section 8. State Aid for Construction of Sea Walls or Breakwaters

Section 8. The counties and cities on the Gulf Coast being subject to 250calamitous overflows, and a very large proportion of t

general revenue being derived from those otherwise prosperous localities, the Legislature is especially authorized to aid by donatiof such portion of the public domain as may be deemed proper, and in such mode as may be provided by law, the construction sea walls, or breakwaters, such aid to be proportioned to the extent and value of the works constructed, or to be constructed, in anlocality.

Section 9. Exemption of Property from Taxation and Forced Sale

Section 9. The property of counties, cities and towns, owned and held only for public purposes, such as public buildings and t

sites therefor, fire engines and the furniture thereof, and all property used, or intended for extinguishing fires, public grounds a

all other property devoted exclusively to the use and benefit of the public shall be exempt from forced sale and from taxatio

provided, nothing herein shall prevent the enforcement of the vendors lien, the mechanics or builders lien, or other liens noexisting.

ARTICLE XII

PRIVATE CORPORATIONS

Section 1. Creation Only by General laws

Section 1. No private corporation shall be created except by general laws.

Section 2. General laws to be Enacted for Creation of Private Corporations

Section 2. General laws shall be enacted providing for the creation of private corporations, and shall therein provide fully f

the adequate protection of the public and of the individual stockholders.

ARTICLE XIV

PUBLIC LANDS AND LAND OFFICE

Section 1. General Land Office

Section 1. There shall be one General Land Office in the State, which shall be at the seat of government, where all la

titles which have 251emanated or may hereafter emanate from the State shall be registered, except those titles the registration

which may be prohibited by this Constitution. It shall be the duty of the Legislature at the earliest practicable time to make t

Land Office self sustaining, and from time to time the Legislature may establish such subordinate offices as may be deemnecessary.

250 A state of deep distress or misery caused by a major misfortune.251 To come out from a source, to flow out from.

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ARTICLE XV.

IMPEACHMENT

Section 1. House of Representatives to Have Power of Impeachment

Section 1. The power of impeachment shall be vested in the House of Representatives.

252Section 2. Trial by Senate

Section 2. Impeachment of the Governor, Lieutenant Governor, Attorney General, Commissioner of the General Land Offic

Comptroller and the Judges of the Supreme Court, Court of Appeals and District Court shall be tried by the Senate.

Section 3. Concurrence Required for Impeachment

Section 3. When the Senate is sitting as a Court of Impeachment, the Senators shall be on oath, or affirmation impartially to t

the party impeached, and no person shall be convicted without the concurrence of two-thirds of the Senators present.

Section 4. Effect of Judgment of Impeachment

Section 4. Judgment in cases of impeachment shall extend only to removal from office, and disqualification from holding a

office of honor, trust or profit under this State. A party convicted on impeachment shall also be subject to indictment, trial a

punishment according to law.

Section 5. Suspension from Office Pending Impeachment

Section 5. All officers against whom articles of impeachment may be preferred shall be suspended from the exercise of t

duties of their office, during the 253pendency of such impeachment. The Governor may make a provisional appointment to fill tvacancy occasioned by the suspension of an officer until the decision on the impeachment.

Section 6. Removal District Judges

Section 6. Any judge of the District Courts of the State who is incompetent to discharge the duties of his office, or who shall bguilty of partiality, or oppression, or other official misconduct, or whose habits and conduct are such as to render him unfit to ho

such office, or who shall negligently fail to perform his duties as judge, or who shall fail to execute in a reasonable measure t

business in his courts, may be removed by the Supreme Court. The Supreme Court shall have original jurisdiction to hear an

determine the causes aforesaid when presented in writing upon the oaths taken before some judge of a court of record of not lethan ten lawyers, practicing in the courts held by such judge, and licensed to practice in the Supreme Court; said presentment to founded either upon the knowledge of the persons making it or upon the written oaths as to the facts of creditable witnesses. T

Supreme Court may issue all needful process and prescribe all needful rules to give effect to this section. Causes of this ki

shall have precedence and be tried as soon as practicable.

Section 7. Legislature to Provide for Removal of Other Officers

Section 7. The Legislature shall provide by law for the trial and removal from office of all officers of this State, the modes f

which have not been provided in this Constitution.

252 Amended 1995.253 The state of being undecided.

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ADDRESS

Section 8. Removal of Judges by Governor

Section 8. The Judges of the Supreme Court, Court of Appeals and District Courts, shall be removed by the Governor on t

address of two-thirds of each House of the Legislature, for 254wilful neglect of duty, 255incompetency, habitual drunkenne

oppression in office, or other reasonable cause which shall not be sufficient ground for impeachment; provided, however, th

the cause or causes for which such removal shall be required, shall be stated at length in such address and entered on t

journals of each House; and provided further, that the cause or causes shall be notified to the judge so intended to be remove

and he shall be admitted to a hearing in his own defense before any vote for such address shall pass, and in all such case

the vote shall be taken by yeas and nays and entered on the journals of each House respectively.

256Section 9. Removal of Officers Appointed by Governor

Section 9. (a) In addition to the other procedures provided by law for removal of public officers, the governor who appointsofficer may remove the officer with the advice and consent of two-thirds of the members of the Senate present.

(b) If the legislature is not in session when the governor desires to remove an officer, the governor shall call a special session

the Senate for consideration of the proposed removal. The session may not exceed two days in duration.

ARTICLE XVI

GENERAL PROVISIONS

257Section 1. Oath of Office

Section 1. (a) Members of the Legislature, and all other elected officers, before they enter upon the duties of their offices, sha

take the following Oath or Affirmation:

"I,________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ________ of the State of Texaand will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, help me God."

(b) Each member of the Legislature and all other elected officers, before taking the Oath or Affirmation of office prescribed b

this section and entering upon the duties of office, shall subscribe to the following statement:

"I,________, do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding a vote at the election at which I was elected so help me God."

(c) The Secretary of State, and all other appointed officers, before entering upon the duties of their offices, shall take t

following Oath or Affirmation:

254 The act which is intentional, deliberate, knowingly or voluntary.255 Without the knowledge to do the job or act.256 Added 1980.257 Amended 1938, 1956 and 1989.

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"I,________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ________ of the State of Texaand will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, help me God."

(d) The Secretary of State, and all other appointed officers, before taking the Oath or Affirmation of office prescribed by th

section and entering upon the duties of office, shall subscribe to the following statement:

"I,________, do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed, promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure mappointment or confirmation thereof, so help me God."

(e) Members of the Legislature and all other elected officers shall file the signed statement required by Subsection (b) of th

section with the Secretary of State before taking the Oath or Affirmation of office prescribed by Subsection (a) of this section.

(f) The Secretary of State and all other appointed officers shall file the signed statement required by Subsection (d) of th

section with the Secretary of State before taking the Oath or Affirmation of office prescribed by Subsection (c) of this section.

Section 2. Exclusion From Office for Offenses

Section 2. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who may habeen or shall hereafter be convicted of bribery, 258perjury, forgery, or other high crimes. The privilege of free suffrage shall bprotected by laws regulating elections and prohibiting under adequate penalties all undue influence therein from power , briber259tumult or other improper practice.

Section 5. Bribery as Disqualification to Hold Office

Section 5. Every person shall be disqualified from holding any office of profit, or trust, in this State, who shall have be

convicted of having given or offered a bribe to procure his election or appointment.

260Section 6. Expenditures Related to Handicapped

Section 6. (a) No appropriation for private or individual purposes shall be made, unless authorized by this Constitution.

regular statement, under oath, and an account of the receipts and expenditures of all public money shall be published

annually, in such manner as shall be prescribed by law.

(b) State agencies charged with the responsibility of providing services to those who are blind, crippled, or otherwise physicalor mentally handicapped may accept money from private or federal sources, designated by the private or federal source as moneybe used in and establishing and equipping facilities for assisting those who are blind, crippled, or otherwise physically or mentahandicapped in becoming gainfully employed, in rehabilitating and restoring the handicapped, and in providing other servicdetermined by the state agency to be 261essential for the better care and treatment of the handicapped. Money accepted under thsubsection is state money. State agencies may spend money accepted under this subsection, and no other money, for specifprograms and projects to be conducted by local level or other private, nonsectarian associations, groups, and nonproorganizations, in establishing and equipping facilities for assisting those who are blind, crippled, or otherwise physically

mentally handicapped in becoming gainfully employed, in rehabilitating and restoring the handicapped, and in providing othservices determined by the state agency to be essential for the better care or treatment of the handicapped.

The state agencies may deposit money accepted under this subsection either in the state treasury or in other secure depositorieThe money may not be expended for any purpose other than the purpose for which it was given. Notwithstanding any othprovision of this Constitution, the state agencies may expend money accepted under this subsection without the necessity of appropriation, unless the Legislature, by law, requires that the money be expended only on appropriation. The Legislature m

258 A Violation of the Texas Penal Code Sec. 37.03, which is a Felony of the Third Degree – “Aggravated Perjury”.259 A violent outburst.260 Amended 1966.261 That which is necessary and is incapable of removal without destroying the thing itself.

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prohibit state agencies from accepting money under this subsection or may regulate the amount of money accepted, the way tacceptance and expenditure of the money is administered, and the purposes for which the state agencies may expend the mone

Money accepted under this subsection for a purpose prohibited by the Legislature shall be returned to the entity that gave t

money.

This subsection does not prohibit state agencies authorized to render services to the handicapped from contracting with privatelowned or local facilities for necessary and essential services, subject to such conditions, standards, and procedures as may prescribed by law.

Section 8. County Poor Houses

Section 8. Each county in the State may provide, in such manner as may be prescribed by law, a Manual Labor Poor House anFarm, for taking care of, managing, employing and supplying the wants of its indigent and poor inhabitants.

Section 9. Effect of Absence for Public Business on Residency

Section 9. Absence on business of the State, or of the United States, shall not forfeit a residence once obtained, so as to depri

any one of the right of 262suffrage, or of being elected or appointed to any office under the exceptions contained in thConstitution.

Section 10. Neglect of Duty to Cause Deductions From Salary

Section 10. The Legislature shall provide for deductions from the salaries of public officers who may neglect the performance

any duty that may be assigned them by law.

263Section 11. Usury

SECTION 11. The Legislature shall have authority to classify loans and lenders, license and regulate lenders, define intere

and fix maximum rates of interest; provided, however, in the absence of legislation fixing maximum rates of interest all contrac

for a greater rate of interest than ten per centum (10%) per annum shall be deemed usurious; provided, further, that in contrac

where no rate of interest is agreed upon, the rate shall not exceed six per centum (6%) per annum. Should any regulato

agency, acting under the provisions of this Section, cancel or refuse to grant any permit under any law passed by the Legislatu

then such applicant or holder shall have the right of appeal to the courts and granted a264

trial de novo as that term is used appealing from the justice of peace court to the county court.

Section 12. Members of Congress are Ineligible to Hold Public Office

Section 12. No member of Congress, nor person holding or exercising any office of profit or trust, under the United States,

either of them, or under any foreign power , shall be eligible as a member of the Legislature, or hold or exercise any office

profit or trust under this State.

Section 14. Residence of Civil Officers

Section 14. All civil officers shall reside within the State; and all district or county officers within their districts or countie

and shall keep their offices at such places as may be required by law; and failure to comply with this condition shall vacate t

office so held.

265Section 15. Community Property

262 The right to vote.263 Amended 1960.264 The start of a new trial as though a trial had never taken place before.265 Amended 1948, 1980 and 1987.

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Section 15. All property, both real and personal, of a spouse owned or claimed before marriage, and that acquired afterward

gift, devise or descent, shall be the separate property of that spouse; and laws shall be passed more clearly defining the righ

of the spouses, in relation to separate and community property; provided that persons about to marry and spouses, without t

intention to defraud pre-existing creditors, may by written instrument from time to time 266partition between themselves allpart of their property, then existing or to be acquired, or exchange between themselves the community interest of one spouse future spouse in any property for the community interest of the other spouse or future spouse in other community property th

existing or to be acquired, whereupon the portion or interest set aside to each spouse shall be and constitute a part of tseparate property and estate of such spouse or future spouse; spouses also may from time to time, by written instrument, agr

between themselves that the income or property from all or part of the separate property then owned or which thereafter might

acquired by only one of them, shall be the separate property of that spouse; if one spouse makes a gift of property to the oth

that gift is presumed to include all the income or property which might arise from that gift of property; and spouses may agree

writing that all or part of their community property becomes the property of the surviving spouse on the death of a spouse.

267Section 16. Banks

Section 16. (a) The Legislature shall by general laws, authorize the incorporation of state banks and savings and loan

associations and shall provide for a system of State supervision, regulation and control of such bodies which will adequate

protect and secure the depositors and creditors thereof.

No state bank shall be charter ed until all of the authorized capital stock has been subscribed and paid in full in cash. Exce

as may be permitted by the Legislature pursuant to Subsections (b), (d), and (e) of this Section 16, a state bank shall not

authorized to engage in business at more than one place which shall be designated in its charter ; however, this restricti

shall not apply to any other type of financial institution charter ed under the laws of this state.

No foreign corporation, other than the national banks of the United States domiciled in this State, shall be permittedexercise banking or discounting privileges in this State.

(b) If it finds that the convenience of the public will be served thereby, the Legislature may authorize State and national banks

establish and operate unmanned teller machines within the county or city of their domicile. Such machines may perform abanking functions. Banks which are 268domiciled within a city lying in two or more counties may be permitted to establish a

operate unmanned teller machines within both the city and the county of their domicile. The Legislature shall provide that

bank shall have the right to share in the use of these teller machines, not situated at a banking house, which are located with

the county or the city of the bank's domicile, on a reasonable, nondiscriminatory basis, consistent with anti-trust laws. Banks mshare the use of such machines within the county or city of their domicile with savings and loan associations and credit uniowhich are domiciled in the same county or city.

(c) A state bank created by virtue of the power granted by this section, notwithstanding any other provision of this section, hthe same rights and privileges that are or may be granted to national banks of the United States domiciled in this State.

(d) The Legislature may authorize a state bank or national bank of the United States domiciled in this State to engage in busineat more than one place if it does so through the purchase and assumption of certain assets and liabilities of a failed state bank orfailed national bank of the United States domiciled in this State.

(e) The Legislature shall authorize a state bank or national bank of the United States domiciled in this State to establish a

operate banking facilities at locations within the county or city of its domicile, subject to limitations the Legislature imposes. TLegislature may permit a bank domiciled within a city located in two or more counties to establish and operate branches withboth the city and the county of its domicile, subject to limitations the Legislature imposes.

266 Something that is divided up.267 Amended 1904, 1937, 1980 1984 and 1986.268 Your place of residence, home.

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(f) A bank may not be considered a branch or facility of another bank solely because it is owned or controlled by the samstockholders as the other bank, has common accounting and administrative systems with the other bank, or has a name similar the other bank's or because of a combination of those factors.

Section 17. Succession of Public Officers

Section 17. All officers within this State shall continue to perform the duties of their offices until their successors shall bduly qualified.

Section 18. No Divestiture by Adoption of Constitution

Section 18. The rights of property and of action, which have been acquired under the Constitution and laws of the Republic a

State, shall not be divested; nor shall any rights or actions which have been divested, barred or declared null and void by t

Constitution of the Republic and State , be re-invested, renewed, or re-instated by this Constitution; but the same shall rema

precisely in the situation which they were before the adoption of this Constitution, unless otherwise herein provided; and provid

further, that no cause of action heretofore barred shall be revived.

269Section 19. Qualifications of Jurors

Section 19. The Legislature shall prescribe by law the qualifications of grand and petit jurors; provided that neither the right n

the duty to serve on grand and petit juries shall be denied or 270abridged by reason of sex. Whenever in the Constitution t

term "men" is used in reference to grand or petit juries, such term shall include persons of the female as well as the male sex.

271Section 20. Regulation of Alcoholic Beverages

Section 20. (a) The Legislature shall have the power to enact a Mixed Beverage Law regulating the sale of mixed alcoho

beverages on a local option election basis. The Legislature shall also have the power to regulate the manufacture, sa

possession and transportation of intoxicating liquors, including the power to establish a 272 State Monopoly on the sale of distill

liquors. Should the Legislature enact any enabling laws in anticipation of this amendment, no such law shall be void by reas

of its anticipatory nature.

(b) The Legislature shall enact a law or laws whereby the qualified voters of any county, justice's precinct or incorporated tow

or city, may, by a majority vote of those voting, determine from time to time whether the sale of intoxicating liquors for bevera

purposes shall be prohibited or legalized within the prescribed limits; and such laws shall contain provisions for voting on t

sale of intoxicating liquors of various types and various alcoholic content.

(c) In all counties, justice's precincts or incorporated towns or cities wherein the sale of intoxicating liquors had been prohibit

by local option elections held under the laws of the State of Texas and in force at the time of the taking effect of Section 20, Artic

XVI of the Constitution of Texas, it shall continue to be unlawful to manufacture, sell, barter or exchange in any such countjustice's precinct or incorporated town or city, any spirituous, vinous or malt liquors or medicated bitters capable of producinintoxication or any other intoxicants whatsoever, for beverage purposes, unless and until a majority of the qualified voters in su

county or political subdivision thereof voting in an election held for such purpose shall determine such to be lawful; provid

that this subsection shall not prohibit the sale of alcoholic beverages containing not more than 3.2 per cent alcohol by weight

cities, counties or political subdivisions thereof in which the qualified voters have voted to legalize such sale under the provision

269 Amended 1954.270 To be Deprived of being equal.271 Amended 1891, 1919, 1933, 1935 and 1970.272 A violation of Article I, Section 26 of the Texas Bill of Rights

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of Chapter 116, Acts of the Regular Session of the 43rd Legislature.

Section 21. Contracts for Pubic Printing and Binding

Section 21. All stationery, printing, fuel used in the legislature and departments of the government other than the judic

department, printing and binding of the laws, journals, and department reports, and all other printing and binding and the repairi

and furnishing of the halls and rooms used during meetings of the legislature and in committees, except proclamations and suproducts and services as may be done by handicapped individuals employed in nonprofit rehabilitation facilities providi

sheltered employment to the handicapped in Texas, shall be performed under contract, to be given to the lowest responsib

bidder, below such maximum price and under such regulations as shall be prescribed by law. No member or officer of a

department of the government shall in any way have a financial interest in such contracts, and all such contracts or program

involving the state use of the products and services of handicapped individuals shall be subject to such requirements as might

established by the legislature.

Section 22. Fence Laws

Section 22. The Legislature shall have the power to pass such fence laws, applicable to any sub-division of the State, or countie

as may be needed to meet the wants of the people.

Section 23. Regulation of Livestock and Brands

Section 23. The Legislature may pass laws for the regulation of live stock and the protection of stock raisers in the stock raisin

portion of the State, and exempt from the operation of such laws other portions, sections, or counties; and shall have power

pass general and special laws for the inspection of cattle, stock and hides and for the regulation of brands; provided, that any loc

law thus passed shall be submitted to the 273f reeholders of the section to be affected thereby, and approved by them, before

shall go into effect.

Section 24. Use of Fines and Convict Labor for Roads and Bridges

Section 24. The Legislature shall make provision for laying out and working public roads, for the building of bridges, and f

utilizing fines, 274forfeitures, and convict labor to all these purposes.

Section 25. No Drawbacks or Rebatements to Common Carriers

Section 25. That all 275drawbacks and 276rebatement of insurance, freight, transportation, carriage, wharfage, storag

compressing, bailing, repairing, or for any other kind of labor or service of, or to any cotton, grain, or any other produce or articof commerce in this State, paid or allowed or contracted for, to any common carrier, shipper, merchant, commission merchan

factor, agent, or middleman of any kind, not the true and absolute owner thereof , are forever prohibited, and it shall be the du

of the Legislature to pass effective laws punishing all persons in this State who pay, receive or contract for, or respecting t

same.

Section 26. Civil Liability for Homicide

Section 26. Every person, corporation, or company, that may commit a homicide, through wilful act, or omission, or gross negle

shall be responsible, in 277exemplary damages, to the surviving husband, widow, heirs of his or her body, or such of them

there may be, without regard to any criminal proceeding that may or may not be had in relation to the homicide.

273 A tenure of real property by which an estate of inheritance is held for life.274 The loss of property or money because of a breach of a legal obligation.275 A refund of duties on products imported used to make something for export.276 The return of part of the payment.277 Damages awarded in excess of actual damages, to discourage others from committing similar acts.

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Section 27. Elections to Fill Vacancies for Unexpired Term Only

Section 27. In all elections to fill vacancies of office in this State, it shall be to fill the unexpired term only.

278Section 28. No Garnishment of Wages; Exception

Section 28. 279No current 280wages for personal service shall ever be subject to 281garnishment, except for the enforcement

court-ordered child support payments.

Section 31. Qualifications for the Practice of Medicine

Section 31. The Legislature may pass laws prescribing the qualifications of practitioners of medicine in this State, and to puni

persons for malpractice, but no preference shall ever be given by law to any schools of medicine.

282Section 33. Limitation of Pay for Persons Holding More than One Office

Section 33. The accounting officers in this State shall neither draw nor pay a warrant or check on funds of the State of Texa

whether in the treasury or otherwise, to any person for salary or compensation who holds at the same time more than one civoffice of emolument, in violation of Section 40.

Section 37. Mechanics', Artisans' and Materialmen's Liens

Section 37. Mechanics, 283artisans and material men, of every class, shall have a lien upon the buildings and articles made

repaired by them for the value of their labor done thereon, or material furnished therefor; and the Legislature shall provide

law for the speedy and efficient enforcement of said liens.

Section 39. Historical Memorials

Section 39. The Legislature may, from time to time, make appropriations for preserving and perpetuating memorials of the histoof Texas, by means of monuments, statues, paintings and documents of historical value.

284Section 40. Holding More Than One Office

Section 40. No person shall hold or exercise at the same time, more than one civil office of emolument, except that of Justice

the Peace, County Commissioner, Notary Public and Postmaster, Officer of the National Guard, the National Guard Reserve, athe Officers Reserve Corps of the United States and enlisted men of the National Guard, the National Guard Reserve, and tOrganized Reserves of the United States, and retired officers of the United States Army, Air Force, Navy, Marine Corps, anCoast Guard, and retired warrant officers, and retired enlisted men of the United States Army, Air Force, Navy, Marine Corps, anCoast Guard, and the officers and directors of soil and water conservation districts, unless otherwise specially provided here

Provided, that nothing in this Constitution shall be construed to prohibit an officer or enlisted man of the National Guard, a

the National Guard Reserve, or an officer in the Officers Reserve Corps of the United States, or an enlisted man in the OrganizReserves of the United States, or retired officers of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, anretired warrant officers, and retired enlisted men of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, anofficers of the State soil and water conservation districts, from holding at the same time any other office or position of honor, truor profit, under this State or the United States, or from voting at any election, general, special or primary in this State wh

otherwise qualified. State employees or other individuals who receive all or part of their compensation either directly or indirec

278 Amended 1983.279 The IRS has no authority to garnish current wages in TEXAS, even by a judge.280 Money from labor and no other source.281 The taking of money, owed to one person and giving it to a third party, because of a court judgement.282 Amended 1926, 1932, 1967 and 1972.283 A craftsman.284 Amended 1926, 1932 and 1972.

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from funds of the State of Texas and who are not State officers, shall not be barred from serving as members of the governin

bodies of school districts, cities, towns, or other local governmental districts; provided, however, that such State employees

other individuals shall receive no salary for serving as members of such governing bodies. It is further provided that

nonelective State officer may hold other nonelective offices under the State or the United States, if the other office is of benefit the State of Texas or is required by the State or Federal law, and there is no conflict with the original office for which he receivsalary or compensation. No member of the Legislature of this State may hold any other office or position of profit under thState, or the United States, except as a notary public if qualified by law.

Section 41. Bribery

Section 41. Any person who shall, directly or indirectly, offer, give, or promise, any money or thing of value, testimoni

privilege or personal advantage, to any executive or judicial officer or member of the Legislature to influence him in t

performance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as shall bprovided by law. And any member of the Legislature or executive or judicial officer who shall solicit, demand or receive,

consent to receive, directly or indirectly, for himself, or for another, from any company, corporation or person, any moneappointment, employment, testimonial, reward, thing of value or employment, or of personal advantage or promise thereof, for hvote or official influence, or for withholding the same, or with any understanding, expressed or implied, that his vote or offici

action shall be in any way influenced thereby, or who shall solicit, demand and receive any such money or other advantag

matter or thing aforesaid for another, as the consideration of his vote or official influence, in consideration of the payment

promise of such money, advantage, matter or thing to another,

shall beheld guilty of bribery, within the meaning of t

Constitution, and shall incur the disabilities provided for said offenses, with a forfeiture of the office they may hold, and su

other additional punishment as is or shall be provided by law.

Section 43. No Exemption From Public Duty by Special Law

Section 43. No man, or set of men, shall ever be exempted, relieved or discharged, from the performance of any public duty

service imposed by general law, by any special law. Exemptions from the performance of such public duty or service shall on

be made by general law.

Section 47. Objection to Bearing Arms

Section 47. Any person who conscientiously 285scruples to bear arms, shall not be compelled to do so, but shall pay

equivalent for personal service.

Section 48. Continuity of Laws Under Constitutions

Section 48. All laws and parts of laws now in force in the State of Texas, which are not 286repugnant to the Constitution of t

United States, or to this Constitution, shall continue and remain in force as the laws of this State, until they expire by their ow

limitation or shall be amended or repealed by the Legislature.

Section 49. Property Exempt for Execution

Section 49. The Legislature shall have power , and it shall be its duty, to protect by law from forced sale a certain portion

the personal property of all heads of families, and also of unmarried adults, male and female.

287Section 50. Homesteads

285 An ethical consideration or principal that inhibits action.286 Incompatible, inconsistent, hostile.287 Amended 1973 and 1995.

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Section 50. The 288homestead of a family, or of a single adult person, shall be, and is hereby protected from forced sale, for t

payment of all debts except for the purchase money thereof, or a part of such purchase money, the taxes due thereon, an 289owe

of partition imposed against the entirety of the property by a court order or by a written agreement of the parties to the partitioincluding a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorproceeding, the refinance of a lien against a homestead, including a federal tax lien resulting from the tax debt of both spouses,the homestead is a family homestead, or from the tax debt of the owner, or for work and material used in constructinimprovements thereon, and in this last case only when the work and material are contracted for in writing, with the consent of bospouses, in the case of a family homestead, given in the same manner as is required in making a sale and conveyance of th

homestead; nor may the owner or claimant of the property claimed as homestead, if married, sell or abandon the homestewithout the consent of the other spouse, given in such manner as may be prescribed by law. No mortgage, trust deed, or other li

on the homestead shall ever be valid, except for a debt described by this section, whether such mortgage, or trust deed,

other lien, shall have been created by the owner alone, or together with his or her spouse, in case the owner is married. Apretended sales of the homestead involving any condition of defeasance shall be void.

A purchaser or lender for value without actual knowledge may conclusively rely on an affidavit that designates other property the homestead of the affiant and that states that the property to be conveyed or encumbered is not the homestead of the affiant.

290Section 51. Amount of Homestead

Section 51. The homestead, not in a town or city, shall consist of not more than two hundred acres of land, which may be in o

or more 291parcels, with the improvements thereon; the homestead in a city, town or village,

shallconsist of lot or lots amountin

to not more than one acre of land, together with any improvements on the land; provided, that the same shall be used for t

purposes of a home, or as a place to exercise the calling or business of the homestead claimant, whether a single adult person, or t

head of a family; provided also, that any temporary renting of the homestead shall not change the character of the same, when

other homestead has been acquired.

Section 52. Descent of Homestead

Section 52. On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other re

property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partition

among the heirs of the deceased during the lifetime of the surviving husband or wife, or so long as the survivor may elect to use occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may be permitted, under t

order of the proper court having the jurisdiction, to use and occupy the same.

Section 53. Effect of Adoption of Constitution on Process and Writs

Section 53. That no inconvenience may arise from the adoption of this Constitution, it is declared that all process and writs

all kinds which have been or may be issued and not returned or executed when this Constitution is adopted, shall remain val

and shall not be, in any way, affected by the adoption of this Constitution.

292Section 56. Dissemination of Information Concerning Texas Resources

Section 56. The Legislature of the State of Texas shall have the power to appropriate money and establish the procedu

necessary to expend such money for the purpose of developing information about the historical, natural, agricultural, industri

educational, marketing, recreational and living resources of Texas, and for the purpose of informing persons and corporations other states through advertising in 293periodicals having national circulation, and the dissemination of factual information about tadvantages and economic resources offered by the State of Texas; providing, however, that neither the name nor the picture of a

living state official shall ever be used in any of said advertising, and providing that the Legislature may require that any su

288 The Home and adjoining land where an individual or family resides as a permanent location.289 The owing of a part of something.290 Amended 1970, 1973 and 1983.291 Separate pieces of land.292 Amended 1958.293 Newspapers and magizines.

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of money 294appropriated hereunder shall be matched by an equal sum paid into the State Treasury from private sources befo

any of said money may be expended.

295Section 59. Conservation of Natural Resources

Section 59. (a) The conservation and development of all of the natural resources of this State, including the control, storin

preservation and distribution of its storm and flood waters, the waters of its rivers and streams, for irrigation, power and all oth

useful purposes, the reclamation and irrigation of its 296arid, semi-arid and other lands needing irrigation, the reclamation a

drainage of its overflowed lands, and other lands needing drainage, the conservation and development of its forests, water a

hydro-electric power , the navigation of its inland and coastal waters, and the preservation and conservation of all such natur

resources of the State are each and all hereby declared public rights and duties; and the Legislature shall pass all such laws

may be appropriate thereto.

(b) There may be created within the State of Texas, or the State may be divided into, such number of conservation anreclamation districts as may be determined to be 297essential to the accomplishment of the purposes of this amendment to t

constitution, which districts shall be governmental agencies and bodies politic and corporate with such power s of governme

and with the authority to exercise such rights, privileges and functions concerning the subject matter of this amendment as may conferred by law.

(c) The Legislature shall authorize all such indebtedness as may be necessary to provide all improvements and t

maintenance thereof requisite to the achievement of the purposes of this amendment, and all such indebtedness may

evidenced by bonds of such conservation and reclamation districts, to be issued under such regulations as [may] be prescribed

law and shall also, authorize the levy and collection within such districts of all such taxes, equitably distributed, as may

necessary for the payment of the interest and the creation of a sinking fund for the payment of such bonds ; and also for t

maintenance of such districts and improvements, and such indebtedness shall be a lien upon the property assessed for t

payment thereof; provided the Legislature shall not authorize the issuance of any bonds or provide for any indebtedness again

any reclamation district unless such proposition shall first be submitted to the qualified property tax-paying voters of su

district and the proposition adopted.

(d) No law creating a conservation and reclamation district shall be passed unless notice of the intention to introduce such

bill setting forth the general substance of the contemplated law shall have been published at least thirty (30) days and not mo

than ninety (90) days prior to the introduction thereof in a newspaper or newspapers having general circulation in the county counties in which said district or any part thereof is or will be located and by delivering a copy of such notice and such bill to t

Governor who shall submit such notice and bill to the Texas Water Commission, or its successor, which shall file

recommendation as to such bill with the Governor, Lieutenant Governor and Speaker of the House of Representatives within thir

(30) days from date notice was received by the Texas Water Commission. Such notice and copy of bill shall also be given of t

introduction of any bill amending a law creating or governing a particular conservation and reclamation district if such bill (adds additional land to the district, (2) alters the taxing authority of the district, (3) alters the authority of the district with respe

to the issuance of bonds , or (4) alters the qualifications or terms of office of the members of the governing body of the district.

(e) No law creating a conservation and reclamation district shall be passed unless, at the time notice of the intention

introduce a bill is published as provided in Subsection (d) of this section, a copy of the proposed bill is delivered to tCommissioners court of each county in which said district or any part thereof is or will be located and to the governing body each incorporated city or town in whose jurisdiction said district or any part thereof is or will be located. Each su

294 Taken without authority.295 Added 1917, amended 1964, 1973 and 1978.296 Excessively dry297 That which is necessary and is incapable of removal without destroying the thing itself.

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commissioners court and governing body may file its written consent or opposition to the creation of the proposed district with tgovernor, lieutenant governor, and speaker of the house of representatives. Each special law creating a conservation a

reclamation district shall comply with the provisions of the general laws then in effect relating to consent by politic

subdivisions to the creation of conservation and reclamation districts and to the inclusion of land within the district.

(f) A conservation and reclamation district created under this section to perform any or all of the purposes of this section m

engage in fire-fighting activities and may issue bonds or other indebtedness for fire-fighting purposes as provided by law and thconstitution.

298Section 61. Basis of Compensation of District, County and Precinct Officers

Section 61. All district officers in the State of Texas and all county officers in counties having a population of twenty thousa

(20,000) or more, according to the then last preceding Federal Census, shall be compensated on a salary basis. In all counti

in this State, the Commissioners Courts shall be authorized to determine whether precinct officers shall be compensated on

fee basis or on a salary basis, with the exception that it shall be mandatory upon the Commissioners Courts, to compensate ajustices of the peace, constables, deputy constables and precinct law enforcement officers on a salary basis beginning January1973; and in counties having a population of less than twenty thousand (20,000), according to the then last preceding Fede

Census, the Commissioners Courts shall also have the authority to determine whether county officers shall be compensat

on a fee basis or on a salary basis, with the exception that it shall be mandatory upon the Commissioners Courts to compensa

all sheriffs, deputy sheriffs, county law enforcement officers including sheriffs who also perform the duties of assessor acollector of taxes, and their deputies, on a salary basis beginning January 1, 1949.

All fees earned by district, county and precinct officers shall be paid into the county treasury where earned for the accou

of the proper fund, provided that fees incurred by the State, county and any municipality, or in case where a pauper's oath is file

shall be paid into the county treasury when collected and provided that where any officer is compensated wholly on a fee ba

such fees may be retained by such officer or paid into the treasury of the county as the Commissioners Court may direct. aNotaries Public, county surveyors and public weighers shall continue to be compensated on a fee basis.

299Section 64. Terms of Offices of District, County and Precinct Officers

Section 64. The office of Inspector of Hides and Animals, the elective district, county and precinct offices which have heretofohad terms of two years, shall hereafter have terms of four years; and the holders of such offices shall serve until th

successors are qualified.

300Section 65. Transition From Two Year to Four Year Terms

Section 65. Staggering Terms of Office--The following officers elected at the General Election in November, 1954, and thereaft

shall serve for the full terms provided in this Constitution:

(a) District Clerks;(b) County Clerks;(c) County Judges;(d) Judges of the County Courts at Law, County Criminal Courts, County Probate Courts and County Domestic Relations Court

(e) County Treasurers;(f) Criminal District Attorneys;(g) County Surveyors;(h) Inspectors of Hides and Animals;(I) County Commissioners for Precincts Two and Four;(j) Justices of the Peace.

298 Added 1935, amended 1948 and 1972.299 Added 1954.300 Added 1954 and 1958.

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Notwithstanding other provisions of this Constitution, the following officers elected at the General Election in November, 195

shall serve only for terms of two (2) years:

(a) Sheriffs;(b) Assessors and Collectors of Taxes;(c) District Attorneys;(d) County Attorneys;(e) Public Weighers;(f) County Commissioners for Precincts One and Three;(g) Constables.

At subsequent elections, such officers shall be elected for the full terms provided in this Constitution.

In any district, county or precinct where any of the aforementioned offices is of such nature that two (2) or more persons hosuch office, with the result that candidates file for "Place No. 1," "Place No. 2," etc., the officers elected at the General Electi

in November, 1954, shall serve for a term of two (2) years if the designation of their office is an uneven number, and for a ter

of four (4) years if the designation of their office is an even number. Thereafter, all such officers shall be elected for the term

provided in this Constitution.

Provided, however, if any of the officers named herein shall announce their candidacy, or shall in fact become a candidate,

any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States oththan the office then held, at any time when the unexpired term of the office then held shall exceed one (1) year , su

announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy there

created shall be filled pursuant to law in the same manner as other vacancies for such office are filled.

301Section 65A. Term of Fort Bend County District Attorney

Section 65A. Notwithstanding Section 65 of this article, the election and term of office of a district attorney serving a judicdistrict composed entirely of Fort Bend County are governed by the law relating to criminal district attorneys.

302Section 66. Retirement for Texas Rangers

Section 66. The Legislature shall have authority to provide for a system of retirement and disability pensions for retiring TexRangers who have not been eligible at any time for membership in the Employees Retirement System of Texas as that retiremesystem was established by Chapter 352, Acts of the Fiftieth Legislature, Regular Session, 1947, and who have had as much as tw

(2) years service as a Texas Ranger, and to their widows; providing that no pension shall exceed Eighty Dollars ($80) per mon

to any such Texas Ranger or his widow, provided that such widow was legally married prior to January 1, 1957, to a Texas Rangqualifying for such pension.

These pensions may be paid only from the special fund created by Section 17, Article VII for a payment of pensions for servicin the Confederate army and navy, frontier organizations, and the militia of the State of Texas, and for widows of such soldieserving in said armies, navies, organizations or militia.

303Section 67. Retirement Systems

Section 67. (a) General Provisions. (1) The legislature may enact general laws establishing systems and programs of retiremeand related disability and death benefits for public employees and officers. Financing of benefits must be based on sou304actuarial principles. The assets of a system are held in trust for the benefit of members and may not be diverted.

(2) A person may not receive benefits from more than one system for the same service, but the legislature may provide by lathat a person with service covered by more than one system or program is entitled to a fractional benefit from each system

301 Added 1989.302 Added 1958.303 Added 1975, amended 1993.304 Relating to statistical calculations.

75



program based on service rendered under each system or program calculated as to amount upon the benefit formula used in thsystem or program. Transfer of service credit between the Employees Retirement System of Texas and the Teacher RetiremeSystem of Texas also may be authorized by law.

(3) Each statewide benefit system must have a board of trustees to administer the system and to invest the funds of the system

such securities as The board may consider prudent investments. In making investments, a board shall exercise the judgment a

care under the circumstances then prevailing that persons of ordinary prudence, discretion, and intelligence exercise in tmanagement of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their fundconsidering the probable income therefrom as well as the probable safety of their capital. The legislature by law may furthrestrict the investment discretion of a board.

(4) General laws establishing retirement systems and optional retirement programs for public employees and officers in effectthe time of the adoption of this section remain in effect, subject to the general powers of the legislature established in thsubsection.

(b) State Retirement Systems. (1) The legislature shall establish by law a Teacher Retirement System of Texas to provi

benefits for persons employed in the public schools, colleges, and universities supported wholly or partly by the state. Othemployees may be included under the system by law.

(2) The legislature shall establish by law an Employees Retirement System of Texas to provide benefits for officers a

employees of the state and such state-compensated officers and employees of appellate courts and judicial districts as may included under the system by law.

(3) The amount contributed by a person participating in the Employees Retirement System of Texas or the Teacher Retireme

System of Texas shall be established by the legislature but may not be less than six percent of current compensation. T

amount contributed by the state may not be less than six percent nor more than 10 percent of the aggregate compensation paidindividuals participating in the system. In an emergency, as determined by the governor, the legislature may appropriate suadditional sums as are actuarially determined to be required to fund benefits authorized by law.

(c) Local Retirement Systems. (1) The legislature shall provide by law for:

(A) the creation by any city or county of a system of benefits for its officers and employees;(B) a statewide system of benefits for the officers and employees of counties or other political subdivisions of the state in whicounties or other political subdivisions may voluntarily participate; and

(C) a statewide system of benefits for officers and employees of cities in which cities may voluntarily participate.

(2) Benefits under these systems must be reasonably related to participant tenure and contributions.

(d) Judicial Retirement System. (1) Notwithstanding any other provision of this section, the system of retirement, disability, ansurvivors' benefits heretofore established in the constitution or by law for justices, judges, and commissioners of the appellacourts and judges of the district and criminal district courts is continued in effect. Contributions required and benefits payable ato be as provided by law.

(2) General administration of the Judicial Retirement System of Texas is by The board of Trustees of the Employees RetiremeSystem of Texas under such regulations as may be provided by law.

(e) Anticipatory Legislation. Legislation enacted in anticipation of this amendment is not void because it is anticipatory.

(f) Retirement Systems Not Belonging to a Statewide System. The board of trustees of a system or program that providretirement and related disability and death benefits for public officers and employees and that does not participate in a statewi

public retirement system shall:

(1) administer the system or program of benefits;(2) hold the assets of the system or program for the exclusive purposes of providing benefits to participants and the

beneficiaries and defraying reasonable expenses of administering the system or program; and

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(3) select legal counsel and an actuary and adopt sound actuarial assumptions to be used by the system or program.

305Section 68. Assessments by Agricultural Producers' Associations

Section 68. The legislature may provide for the advancement of food and fiber in this state by providing representatiassociations of agricultural producers with authority to collect such refundable assessments on their product sales as may b

approved by referenda of producers. All revenue collected shall be used solely to finance programs of marketing, promotio

research, and education relating to that commodity.

306Section 69. Approval of Expenditure or Emergency Transfer of Appropriations

Section 69. The legislature may require, by rider in the General Appropriations Act or by separate statute, the prior approval of texpenditure or the emergency transfer of any funds 307appropriated to the agencies of state government.

308Section 70. Texas Growth Fund

Section 70. (a) In this section:

(1) "Board of trustees" means The board of trustees of the Texas growth fund.(2) "Fund" means the Texas growth fund.(3) "Venture capital investment" means an investment in debt, equity, or a combination of debt and equity that possesses t

potential for substantial investment returns, and includes investments in new or small businesses, investments in businesses wirapid growth potential, or investments in applied research and organizational activities leading to business formation aopportunities involving new or improved processes or products.

(b) The Texas growth fund is created as a trust fund. Except as otherwise provided by this section, the fund is subject to tgeneral laws of this state governing private sector trusts. The governing boards of the permanent university fund, the permaneschool fund, the Teacher Retirement System of Texas, the Employees Retirement System of Texas, and any other pension systecreated under this constitution or by statute of this state in their sole discretion may make investments in the fund.

(c) The fund is managed by a board of trustees consisting of four public members appointed by the governor and one memb

from and elected by the membership of each of the following:

(1) The board of Regents of The University of Texas System;(2) The board of Regents of The Texas A&M University System;(3) The board of Trustees of the Teacher Retirement System of Texas;(4) The board of Trustees of the Employees Retirement System of Texas; and(5) the State Board of Education.

(d) Each public member of The board must have demonstrated substantial investment expertise. A public member serves forsix-year term expiring February 1 of an odd-numbered year.

(e) A person filling an elected position on The board of trustees ceases to be a member of The board of trustees when the persceases to be a member of The board the person represents or as otherwise provided by procedures adopted by The board t

person represents. The governor shall designate a chairman from among the members of The board of trustees who serves a terof two years expiring February 1 of each odd-numbered year. A member may serve more than one term as chairman.

(f) The board of trustees shall manage the investment of the fund, and may:

(1) employ and retain staff, including a chief executive officer;

305 Added 1983.306 Added 1985.307 Taken without authority.308 Added 1988, amended 1995.

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(2) analyze and structure investments;(3) set investment policy of the fund;(4) take any action necessary for the creation, administration, and protection of the fund;(5) enter into investment contracts with the participating funds or systems;(6) adopt rules regarding the operation of the fund;(7) pay expenses of the fund based on an assessment on investor contributions; and(8) alternatively, or in combination with its own staff, contract for the management of investments under this section with a priva

investment management firm or with an investing fund or system electing a member of The board of trustees.

(g) In making investments, including venture capital investments, the board of trustees shall exercise the judgment and ca

under the circumstances then prevailing that persons of ordinary prudence, discretion, and intelligence exercise in the managemeof their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probab

income as well as the probable safety of the capital of the fund. All investments of the fund shall be directly related to t

creation, retention, or expansion of employment opportunity and economic growth in Texas. In making venture capi

investments, all other material matters being equal, the board of trustees shall invest in technological advances that could

expected to result in the greatest increase in employment opportunity and economic growth in Texas.

(h) The board of trustees shall establish and operate the fund to the extent practical under the generally accepted busine

procedures relating to a mutual fund and shall value the investments for determining the purchase or sales price of participati

shares of investing funds or systems participating in the fund consistent with investment contracts. Evidences of participation

the fund shall be held by the comptroller of public accounts in keeping with the custodial responsibilities of that office.

(i) An investing fund or system, without liability at law or in equity to members of the governing board of the fund or system their personal or official capacities, may cumulatively invest in the Texas growth fund not more than one percent of the book cost value of the investing fund or system, as determined at the end of each fiscal year.

(j) The board of trustees shall establish criteria for the investment of not more than 10 percent of the fund in venture capi

investments. Not more than 25 percent of the funds available for venture capital investments may be used for unilaterinvestment. Investments of the remainder of the funds available for venture capital investments must be matched at least equalby funds from sources other than the fund, with matching amounts established by The board of trustees. The board of truste

shall also establish criteria for the investment of not less than 50 percent of the fund in equity or debt security, or a combinatio

of equity and debt security, for the initial construction, expansion, or modernization of business or industrial facilities in TexThe board of trustees may invest in money funds whose underlying investments are consistent and acceptable under the investmepolicy of the fund.

(k) On a quarterly basis, the amount of income realized on investments under this section shall be distributed to each of t

systems and funds investing in the Texas growth fund in proportion to the number of participating shares of each investing syste

and fund. Capital appreciation becomes a part of the corpus of the Texas growth fund and shall be distributed in accordan

with the investment contracts.

(l) The board of trustees shall make arrangements to begin liquidation, phase out investments, and return the principal acapital gains on investments to the investors in the fund not later than the 10th anniversary of the date of the adoption of thsection. Except under unusual circumstances where it may be necessary to protect investments previously made, furthinvestments may not be made in or by the fund after the 10th anniversary of the date of the adoption of this section.

(m) At the regular legislative session next preceding the 10th anniversary of the date of the adoption of this section, th

legislature, by two-thirds vote of each house, may authorize the creation of Texas growth fund II, which shall operate under th

section and under The board of trustees created by this section in the same manner as the Texas growth fund. Funds in Texgrowth fund II may not be commingled with funds in the Texas growth fund.

(n) The board of trustees may purchase liability insurance for the coverage of the trustees, employees, and agents of the board.

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(o) The legislature shall provide by law for the periodic review of The board of trustees in the same manner and at the sam

intervals as it provides for review of other state agencies, except that the legislature shall provide that The board of trustees

not subject to abolishment as part of the review process.

(p) This section expires September 1, 1998, except that if the legislature authorizes the creation of Texas growth fund II provided by Subsection (m) of this section, this section expires September 1, 2008.

(q) This section is self-executing and takes effect on its adoption by the voters. All state officials named in this section, and t

comptroller of public accounts shall take all necessary actions for the implementation of this section. The legislature shaprovide by law for full disclosure of all details concerning investments authorized by this section.

(r) The board of trustees may not invest money from the Texas growth fund in a business unless the business has submitted The board of trustees an affidavit disclosing whether the business has any direct financial investment in or with South Africa Namibia.

309

Section 71. Texas Product Development and Small Business Funds

Section 71. (a) The legislature by law may establish a Texas product development fund to be used without further appropriatisolely in furtherance of a program established by the legislature to aid in the development and production of new or improv

products in this state. The fund shall contain a program account, an interest and sinking account, and other accounts authoriz

by the legislature. To carry out the program authorized by this subsection, the legislature may authorize loans, loan guaranteand equity investments using money in the Texas product development fund and the issuance of up to $25 million of generobligation bonds to provide initial funding of the Texas product development fund. The Texas product development fundcomposed of the proceeds of the bonds authorized by this subsection, loan repayments, guarantee fees, royalty receipts, divideincome, and other amounts received by the state from loans, loan guarantees, and equity investments made under this subsectiand any other amounts required to be deposited in the Texas product development fund by the legislature.

(b) The legislature by law may establish a Texas small business incubator fund to be used without further appropriation solely

furtherance of a program established by the legislature to foster and stimulate the development of small businesses in the staThe fund shall contain a project account, an interest and sinking account, and other accounts authorized by the legislature.

small business incubator operating under the program is exempt from 310ad valorem taxation in the same manner as an institutiof purely public charity under Article VIII, Section 2, of this Constitution. To carry out the program authorized by this subsectiothe legislature may authorize loans and grants of money in the Texas small business incubator fund and the issuance of up to $million of general obligation bonds to provide initial funding of the Texas small business incubator fund. The Texas smbusiness incubator fund is composed of the proceeds of the bonds authorized by this subsection, loan repayments, and othamounts received by the state for loans or grants made under this subsection and any other amounts required to be deposited in tTexas small business incubator fund by the legislature.

(c) The legislature may require review and approval of the issuance of bonds under this section, of the use of the bond proceedor of the rules adopted by an agency to govern use of the bond proceeds. Notwithstanding any other provision of this constitutioany entity created or directed to conduct this review and approval may include members, or appointees of members, of t

executive, legislative, and judicial departments of state government.

(d) bonds authorized under this section constitute a general obligation of the state. While any of the bonds or interest on tbonds is outstanding and unpaid, there is 311appropriated out of the first money coming into the treasury in each fiscal year, notherwise appropriated by this constitution, the amount sufficient to pay the principal of and interest on the bonds that mature become due during the fiscal year, less any amount in any interest and sinking account at the end of the preceding fiscal year this pledged to payment of the bonds or interest.

309 Added 1989.310 Imposed at a rate percent on the amount of value of the item.311 Taken without authority.

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ARTICLE XVII.

MODE OF AMENDING THE CONSTITUTION OF THIS STATE

312Section 1. Proposition by Legislature; Approval by Voters

Section 1. The Legislature, at any regular session, or at any special session when the matter is included within the purposes fwhich the session is convened, may propose amendments revising the Constitution, to be voted upon by the qualified electors f

statewide offices and propositions, as defined in the Constitution and statutes of this State. The date of the elections shall bspecified by the Legislature. The proposal for submission must be approved by a vote of two-thirds of all the members elected

each House, entered by yeas and nays on the journals.

A brief explanatory statement of the nature of a proposed amendment, together with the date of the election and the wording

the proposition as it is to appear on the ballot, shall be published twice in each newspaper in the State which meets requiremen

set by the Legislature for the publication of official notices of officers and departments of the state government. The explanato

statement shall be prepared by the Secretary of State and shall be approved by the Attorney General. The Secretary of Sta

shall send a full and complete copy of the proposed amendment or amendments to each county clerk who shall post the same

a public place in the courthouse at least 30 days prior to the election on said amendment. The first notice shall be published n

more than 60 days nor less than 50 days before the date of the election, and the second notice shall be published on the sam

day in the succeeding week. The Legislature shall fix the standards for the rate of charge for the publication, which may not

higher than the newspaper's published national rate for advertising per column inch.

The election shall be held in accordance with procedures prescribed by the Legislature, and the returning officer in ea

county shall make returns to the Secretary of State of the number of legal votes cast at the election for and against eaamendment. If it appears from the returns that a majority of the votes cast have been cast in favor of an amendment, it shabecome a part of this Constitution, and proclamation thereof shall be made by the Governor.

313Section 2. Constitutional Convention

Section 2. (a) When the legislature convenes in regular session in January, 1973, it shall provide by concurrent resolution for t

establishment of a constitutional revision commission . The legislature shall appropriate money to provide an adequate sta

office space, equipment, and supplies for the Commission.

(b) The Commission shall study the need for constitutional change and shall report its recommendations to the members

the legislature not later than November 1, 1973.

(c) The members of the 63rd Legislature shall be convened as a constitutional convention at noon on the second Tuesday

January, 1974. The lieutenant governor shall preside until a chairman of the convention is elected. The convention shall ele

other officers it deems necessary, adopt temporary and permanent rules, and publish a journal of its proceedings. A person electto fill a vacancy in the 63rd Legislature before dissolution of the convention becomes a member of the convention on taking offias a member of the legislature.

312 Amended 1972313 added 1972.

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(d) Members of the convention shall receive compensation, mileage, per diem as determined by a five member committee, to

composed of the Governor, Lieutenant Governor, Speaker of the House, Chief Justice of the Supreme Court, and Chief Justice

the Court of Criminal Appeals. This shall not be held in conflict with Article XVI, Section 33 of the Texas Constitution. T

convention may provide for the expenses of its members and for the employment of a staff for the convention, and for the

purposes may by resolution appropriate money from the general revenue fund of the state treasury. Warrants shall be drawpursuant to vouchers signed by the chairman or by a person authorized by him in writing to sign them.

(e) The convention, by resolution adopted on the vote of at least two-thirds of its members, may submit for a vote of the qualifielectors of this state a new constitution which may contain alternative articles or sections, or may submit revisions of the existi

constitution which may contain alternative articles or sections. Each resolution shall specify the date of the election, the form

the ballots, and the method of publicizing the proposals to be voted on. To be adopted, each proposal must receive the favorabvote of the majority of those voting on the proposal. The conduct of the election, the canvassing of the votes, and the reporting

the returns shall be as provided for elections under Section 1 of this article.

(f) The convention may be dissolved by resolution adopted on the vote of at least two-thirds of its members; but itautomatically dissolved at 11:59 p.m. on May 31, 1974, unless its duration is extended for a period not to exceed 60 days

resolution adopted on the vote of at least two-thirds of its members.

(g) The Bill of Rights of the present Texas Constitution shall be retained in full.

81



INDEX

Administration – 31, 37, 48, 53, 55-57, 61, 80, 81Affirmation or Oath – 9, 11, 12, 35, 66-68, 78

Arms – 15, 75Attorney General – 20, 22, 29, 34, 84Clerk – 20, 39, 41, 43, 46, 47, 78, 84County Attorney – 45, 46, 47, 78District Attorney – 46, 47, 48, 78, 79Due Course of Law – 13,14Enacting Clause – 9, 13, 16, 23-25, 27, 31, 42, 48, 49, 53, 6265, 71, 72, 79, 80Ex Post Facto - 14Garnishment - 73Governor – 17-19, 21-24, 27-36, 39, 40, 42, 44, 46, 47, 66, 67, 77, 80, 81, 84, 85Grand Jury – 12, 37, 43, 44Homestead – 54, 55, 56, 57, 59, 75, 76Impeachment – 12, 31, 33, 59, 66, 67

Jury – 11-14, 37, 43-45, 47, 58Judges – 12, 14, 16, 18, 20, 35-45, 47, 48, 66, 67, 78, 80Justice of the Peace – 36, 45, 46, 74Lien – 26, 60, 65, 73, 75, 77Lieutenant Governor – 18, 21-23, 27, 29, 33, 34, 66, 77, 84, 85Monopolies – 15, 71Oath or Affirmation – 9, 11, 12, 35, 66-68, 78Pardons - 31Paroles - 31Quorum – 18,22, 27, 37, 39, 40, 42, 44Remedy – 13, 43, 44Revenue – 23, 51, 55-58, 62, 63, 65, 80, 85Secretary of State – 9, 20, 22, 29, 33, 34, 35, 42, 68, 84Sheriff – 26, 46, 47, 60, 78Supreme Court – 22, 34-42, 44, 47, 48, 66, 67, 85Texas Growth Fund – 53, 81, 82, 83Texas Rangers - 79Treason – 9, 15, 19, 31, 50Trial by Jury – 13, 14, 43Venue – 26, 26Writ of Habeas Corpus – 13, 16, 39, 41

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