HBA-KMH, ATS H.J.R. 1 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 1 By: Junell Select Committee on Constitutional Revision 3/12/1999 Introduced BACKGROUND AND PURPOSE In 1917, both houses of the legislature passed resolutions to convene a constitutional convention, but Governor James Ferguson never issued the necessary proclamations authorizing a convention. In 1973, the 63rd Legislature created the Constitutional Revisions Commission composed of 37 public officials, lawyers, scholars, and citizens, to assemble that same year and to submit recommendations on the constitutional question to the legislature. The subsequent constitutional convention of the legislature in 1974 submitted a revised constitution to the public but voters rejected the proposal in 1975. H.J.R. 1 and its companion bill in the senate, S.J.R. 1, propose a new constitution for the State of Texas. Some portions of the Constitution of 1876 remain intact and appear verbatim in H.J.R.1, such as the preamble and the bill of rights. Other provisions of the constitution are only modified, while still others are completely removed or substituted. Some new rights, duties, and obligations are also assigned in H.J.R. 1. Throughout H.J.R. 1, temporary provisions are provided to assist in the transition from the Constitution of 1876 to this constitution. H.J.R. 1 effects every article subsequent to the Bill of Rights. Some of the changes include the creation of the Texas Salary Commission (commission) and a new method for determining legislators' salaries. Other changes place certain agencies and commissions in the executive branch and change the way the office of a judge or justice is filled and retained. Furthermore, this resolution expands the duties of the governor as well as the authority of the legislature. H.J.R. 1 also provides for a new method of redistricting and determining homestead exemptions. As proposed, H.J.R. 1 requires the submission to the voters of a constitutional amendment to revise the Texas Constitution. If adopted by the voters, the constitution would take effect September 1, 2001. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this resolution does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Revises the Constitution of the State of Texas, as follows: CONSTITUTION OF THE STATE OF TEXAS PREAMBLE Humbly invokes the blessings of Almighty God, and states that the people of the State of Texas do ordain and establish this constitution. ARTICLE 1. BILL OF RIGHTS Declares that the general, great, and essential principles of liberty and free government may be recognized and established. Sec. 1.01. FREEDOM AND SOVEREIGNTY OF STATE. Acknowledges the sovereignty of Texas and provides that it is subject only to the U.S. Constitution. Sets forth that the perpetuity of the Union depends on the preservation of the right of local self-government. Sec. 1.02. REPUBLICAN FORM OF GOVERNMENT. Reserves all political power in the people. Sets forth that the government is instituted for the benefit of the people. Provides that the people have the inalienable right, at all times, to alter, reform, or abolish the government in a manner as is deemed expedient to the people. Sec. 1.03. EQUAL RIGHTS. Provides equal rights for all free men, when they form a social compact. Prohibits entitlement to exclusive separate public emoluments, or privileges, to any man, or set of men. Provides an exception to the prohibition against separate public emoluments, or privileges, if in consideration of public services. Sec. 1.04. EQUALITY UNDER THE LAW. Prohibits the denial or abridgement of equality under the law regardless of sex, race, color, creed, or national origin. Provides that this amendment is self-operative. Sec. 1.05. RELIGIOUS TESTS. Prohibits any requirement of a religious test as a qualification to any office, or public trust, in this state. Prohibits anyone from being excluded from holding office on account of his religious sentiment provided that he acknowledge the existence of a Supreme Being. Sec. 1.06. OATHS AND AFFIRMATIONS OF WITNESSES. Prohibits disqualification of any witness to give evidence in any of the courts of this state on account of his religious opinions or for the want of any religious belief. Requires that all oaths or affirmations be administered in the mode most binding upon the conscience. Requires oaths and affirmations to be taken subject to the pains and penalties of perjury. Sec. 1.07. FREEDOM OF WORSHIP. Provides the right of all men to worship Almighty God according to the dictates of their own consciences. Prohibits compelling any man to attend, erect, or support any place of worship or to maintain any ministry against his consent. Provides that no human authority ought to control or interfere with the rights of conscience in matters of religion and prohibits any preference from ever being given by law to any religious society or mode of worship. Requires the legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship. Sec. 1.08. APPROPRIATIONS FOR SECTARIAN PURPOSES. Prohibits money from being appropriated or drawn from the treasury for the benefit of any sect, religious society, or theological or religious seminary. Prohibits property belonging to the state to be appropriated for the benefit of any sect, religious society, or theological or religious seminary. Sec. 1.09. FREEDOM OF SPEECH AND PRESS. Requires every person to be at liberty to speak, write, or publish his opinions on any subject, but also provides that every person is responsible for the abuse of that privilege. Prohibits the passage of a law curtailing the liberty of speech or of the press. Authorizes truth to be offered as evidence in a prosecution for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information. Requires a jury to have the right to determine the law and the facts, under the direction of the court, in all indictments for libels. Sec. 1.10. SEARCHES AND SEIZURES. Requires the people to be secure in their persons, houses, papers, and possessions from all unreasonable seizures or searches. Prohibits the issuance of a warrant to search any place or to seize any person or thing, without describing them as accurately as possible, and in the absence of probable cause supported by oath or affirmation. Sec. 1.11. RIGHTS OF ACCUSED. Requires the accused in a criminal prosecution to be provided: a speedy public trial by an impartial jury; the nature and cause of the accusation against the accused and a copy thereof, on demand of the accused; an opportunity to be heard by himself or counsel, or both; an opportunity to confront witnesses against the accused; a compulsory process for obtaining witnesses for the accused, except when the witness resides out of the state and the offense charged is a violation of any of the antitrust laws of this state, in which case both parties shall have the opportunity to produce evidence admitted by deposition, under such rules and laws as the legislature may hereafter provide. Prohibits the accused from being compelled to give evidence against himself. Prohibits the holding of an accused, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger. Sec. 1.12. BAIL. Requires all prisoners to be provided with the opportunity for release on bail by sufficient sureties, except in cases of capital offenses when the proof is evident. Prohibits construing this provision as to prevent bail after indictment is found upon examination of the evidence, in such manner as may be prescribed by law. Sec. 1.13. MULTIPLE CONVICTIONS; DENIAL OF BAIL. (a) Authorizes a district judge of this state to deny release on bail, if the order is issued within seven calendar days subsequent to the time of incarceration of the accused, for a person: (1) accused of a felony less than capital who has previously been convicted of two felonies, the second conviction being subsequent to the first, both in point of time of commission of the offense and conviction therefor; (2) accused of a felony less than capital in this state, committed while on bail for a prior felony for which he has been indicted; (3) accused of a felony less that capital in this state involving the use of a deadly weapon after being convicted of a prior felony; (4) accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the state or a political subdivision of the state for a prior felony, after a hearing, and upon evidence substantially showing the guilt of the accused of the offense in (1) or (3) above, of the offense committed while on bail in (2) above, or of the offense in (4) above committed while under the supervision of a criminal justice agency of the state or a political subdivision of the state for a prior felony. Requires setting aside the order denying bail if the accused is not accorded trial upon the accusation under (1) or (3) above, or the accusation or indictment used under (2) or (4) above, within 60 days from the time of his incarceration upon the accusation, unless a continuance is obtained upon the motion or request of the accused. Provides that the right of appeal to the criminal division of the supreme court is expressly accorded the accused for a review of any judgment or order made hereunder, and such an appeal shall be given preference by the division. (b) Defines "violent offense" in this section to mean murder, aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault, aggravated kidnaping, or aggravated robbery. Defines "sexual offense" in this section to mean aggravated sexual assault, sexual assault, or indecency with a child. Sec. 1.14. HABEAS CORPUS. Prohibits the suspension of a writ of habeas corpus. Declares that a writ of habeas corpus is a writ of right. Requires the legislature to enact laws to render the remedy in a speedy and effectual manner. Sec. 1.15. EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE OF LAW. Prohibits the requirement of excessive bail, imposition of excessive fines, and infliction of cruel or unusual punishment. Requires all courts to be open. Requires a remedy by due course of law be provided to every person for an injury done him, in his lands, goods, person, or reputation. Sec. 1.16. DOUBLE JEOPARDY. Prohibits placing a person, for the same offense, twice in jeopardy of life or liberty, or on trial again, after a verdict of not guilty in a court of competent jurisdiction. Sec. 1.17. RIGHT OF TRIAL BY JURY. Requires the right of trial by jury to remain inviolate. Requires the legislature to pass such laws as may be needed to regulate the same and to maintain its purity and efficiency. Authorizes the legislature to provide for the temporary commitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period not to exceed 90 days, by order of the county court without the necessity of a trial by jury. Sec. 1.18. COMMITMENT OF PERSONS OF UNSOUND MIND. Prohibits commitment as a person of unsound mind except on competent medical or psychiatric testimony. Authorizes the legislature to enact all laws necessary to provide for the trial, adjudication of insanity, and commitment of persons of unsound mind. Authorizes the legislature to provide for a method of appeal from judgments rendered in such cases. Authorizes such laws to provide for a waiver of trial by jury, in cases where the person under inquiry has not been charged with the commission of a criminal offense, by the concurrence of the person under inquiry, or his next of kin, and an attorney ad litem appointed by a judge of either the county or probate court of the county where the trial is being held. Requires such laws to provide for a method of service of notice of such trial upon the person under inquiry and of his right to demand a trial by jury. Sec. 1.19. BILLS OF ATTAINDER; RETROACTIVE LAWS; IMPAIRING OBLIGATION OF CONTRACTS. Prohibits the creation of bills of attainder, ex post facto laws, retroactive laws, or any law impairing the obligation of contracts. Sec. 1.20. PROPERTY TAKEN FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES ANS FRANCHISES. Prohibits a person's property from being taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such a person. Requires that such compensation, except when taken for the use of the state, be first made or secured by a deposit of money. Prohibits the granting of irrevocable or uncontrollable special privileges or immunities. Prohibits any privileges and franchises granted by the legislature or created under its authority from being subject to the control thereof. Sec. 1.21. IMPRISONMENT FOR DEBT. Prohibits any person from being imprisoned for debt. Sec. 1.22. DUE COURSE OF LAW. Prohibits any citizen of this state from being deprived of life, liberty, property, privileges, or immunities, or in any manner disfranchised, except by the due course of the law of the land. Sec. 1.23. OUTLAWRY OR TRANSPORTATION FOR OFFENSE. Prohibits any citizen from being outlawed. Prohibits any person from being transported out of the state for any offense committed within the state. Provides that this section does not prohibit an agreement with another state providing for the confinement of inmates of this state in the penal or correctional facilities of that state. Sec. 1.24. CORRUPTION OF BLOOD; FORFEITURE OF ESTATE; DESCENT IN CASE OF SUICIDE. Prohibits any conviction from working corruption of blood or forfeiture of estate. Requires the estate of those who take their own lives to descend or vest as if they had died a natural death. Sec. 1.25. TREASON. Defines "treason" as levying war against the state, adhering to its enemies, or giving them aid and comfort. Prohibits any person from being convicted of treason except on the testimony of two witnesses to the same overt act or on confession in open court. Sec. 1.26. RIGHT TO KEEP AND BEAR ARMS. Requires that every citizen have the right to keep and bear arms in the lawful defense of himself or the state. Grants the legislature the power to regulate the wearing of arms, in order to prevent crime. Sec. 1.27. MILITARY SUBORDINATE TO CIVIL AUTHORITY. Requires the military at all times to be subordinate to the civil authority. Sec. 1.28. QUARTERING SOLDIERS IN HOUSES. Prohibits a soldier in time of peace from being quartered in the house of any citizen without the consent of the owner, but permits this in time of war if it occurs in a manner prescribed by law. Sec. 1.29. PERPETUITIES AND MONOPOLIES; PRIMOGENITURE OR ENTAILMENTS. Prohibits perpetuities and monopolies from ever being allowed, as they are contrary to the genius of a free government. Prohibits the law of primogeniture or entailments from ever being in force in this state. Sec. 1.30. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES. Requires the citizens to have the right, in a peaceable manner, to assemble together for their common good and to apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address, or remonstrance. Sec. 1.31. SUSPENSION OF LAWS. Prohibits the suspension of laws in this state except by the legislature. Sec. 1.32. BILL OF RIGHTS INVIOLATE. Declares that everything in this "Bill of Rights" is excepted out of the general powers of the government and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void. Sec. 1.33. RIGHTS OF CRIME VICTIMS. (a) Provides the following rights to crime victims: (1) the right to be treated with fairness and with respect for the victim's dignity and privacy throughout the criminal justice process; and (2) the right to be reasonably protected from the accused throughout the criminal justice process. (b) Provides a crime victim the following additional rights on request of the crime victim: (1) the right to notification of court proceedings; (2) the right to be present at all public court proceedings related to the offense, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial; (3) the right to confer with a representative of the prosecutor's office; (4) the right to restitution; and (5) the right to information about the conviction, sentence, imprisonment, and release of the accused. (c) Authorizes the legislature to enact laws to define the term "victim" and to enforce these and other rights of crime victims. (d) Provides that the state, through its prosecuting attorney, has the right to enforce the rights of crime victims. (e) Authorizes the legislature to enact laws to provide that a judge, attorney for the state, peace officer, or law enforcement agency is not liable for a failure or inability to provide a right enumerated in this section. Prohibits the failure or inability of any person to provide a right or service enumerated in this section from being used by a defendant in a criminal case as a ground for appeal or post-conviction writ of habeas corpus. Provides standing to enforce the rights enumerated in this section to a legal representative of a victim but not to participate as a party in a criminal proceeding or to contest the disposition of any charge. Sec. 1.34. COMPENSATION TO VICTIMS OF CRIME FUNDS. (a) Provides that the compensation to victims of crime fund (crime fund) and compensation to victims of crime auxiliary fund (auxiliary crime fund), created by general law, are each separate dedicated accounts in the general revenue fund. (b) Authorizes the money deposited to the credit of the crime fund and the auxiliary crime fund from any source to be expended as provided by law only for delivering or funding victim-related compensation, services, or assistance, except as provided by Subsection (c) of this section and subject to legislative appropriation. (c) Authorizes the legislature to provide by law that money in the crime fund or auxiliary fund may be expended for the purpose of assisting victims of episodes of mass violence if other money appropriated for emergency assistance is depleted. TEMPORARY TRANSITION PROVISION. Effective date: September 1, 2001. ARTICLE 2. POWERS OF GOVERNMENT Sec. 2.01. LIMITATION OF POWERS. Provides that the enumeration in this constitution of specified powers and functions does not limit the power of the government of this state, but the government of this state has all the power not denied to this state by this constitution or the Constitution of the United States. Sec. 2.02. SEPARATION OF POWERS. Provides that the powers of government of the State of Texas are divided among three distinct branches: legislative, executive, and judicial. Requires each branch to exercise only the powers appropriate to that branch, except as otherwise authorized by this constitution. TEMPORARY TRANSITION PROVISION. Effective date: September 1, 2001. ARTICLE 3. LEGISLATIVE BRANCH Sec. 3.01. LEGISLATIVE POWER. Vests the legislative power of the state in a senate and house of representatives, which together are styled "The Legislature of the State of Texas." Sec. 3.02. COMPOSITION. Provides that the senate consists of 31 members. Provides that the house of representatives consists of 150 members. Sec. 3.03. QUALIFICATIONS OF MEMBERS. Sets forth the eligibility requirements to serve in the senate and house. Sec. 3.04. ELIGIBILITY TO HOLD OTHER OFFICES. (a) Prohibits a member of the legislature from holding any other office or position of profit or trust under this state, the United States, or a foreign government, except as provided by this section. (b) Authorizes a member of the legislature to serve as a member of the National Guard, the National Guard Reserve, or any of the armed forces reserves of the United States, as a retired member of the armed forces or of the armed forces reserves of the United States, or as a notary public. (c) Authorizes the legislature to serve as a member of a mutlimember governmental body exercising executive powers if the law establishing the governmental body expressly authorizes legislative membership. Prohibits a legislative member of such a body from receiving additional compensation for that service. Sec. 3.05. TERM LIMITS. (a) Provides that a person is ineligible for election to the senate if the person served as a member of the senate during all or part of the nine most recent regular sessions of the legislature that adjourned before the date of the election. (b) Provides that a person is ineligible for election to the house of representatives if the person has served as member of the house during all or part of the eight most recent regular sessions of the legislature that adjourned before the date of the election. Sec. 3.06. JUDGE OF QUALIFICATIONS; ELECTION CONTESTS. Provides that each house is the sole judge of the qualifications and election of its own members, but that contested elections are determined in the manner provided by law. Sec. 3.07. ELECTION AND TERMS OF OFFICE. (a) Provides that senators and representatives are elected by the qualified voters of their respective districts at a statewide general election. (b) Provides that senators serve a six-year term, except that after the first election following a statewide redistricting the members of the senate shall select by lot 15 senators to serve a term of four years. Provides that a new senate is elected by qualified voters after every statewide redistricting. (c) Provides that representatives serve a four-year term, except that after the first election following a statewide redistricting the member of the house shall select by lot 75 representatives to serve a term of two years. Provides that a new house of representatives is elected by qualified voters after every statewide redistricting. (d) Provides that vacancies in senate or house of representatives are filled by special election in the manner prescribed by law. (e) Provides that terms of office for a senator or representative begin on the date prescribed by law for convening the legislature in regular session. Sec. 3.08. REDISTRICTING. (a) Requires the legislature by law to divide the state into single-member senatorial, single-member representative, and single-member congressional districts, before the first August 15 following the publication of each federal decennial census. Reserves a right in the legislature to alter any of those districts at any other time, except as provided by Subsection (e) of this section. (b) Provides that senatorial, representative, and congressional districts must be composed of compact and contiguous territory and contain equal populations as required by the Constitution of the United States. (c) Prohibits a county from being divided among senatorial, representative, or congressional districts except as necessary to prevent an unlawful population variance among districts. (d) Requires the legislature to consider enacting a new redistricting plan if the Supreme Court of Texas or a federal court enters a final decree that invalidates an existing redistricting plan or, before entry of the decree, orders into effect a redistricting plan other than the statutory plan in effect under state law. Authorizes the legislature to enact a redistricting plan within 30 days after the date on which a final decree is entered or the order takes effect, if the legislature is in regular session. Authorizes the legislature to pass a new redistricting bill within the first 30 date of convening of a session if the final decree is entered or the order takes effect within 45 days before the convening of a regular session. Requires the governor to convene the legislature in a redistricting special session on or before the 14th day following the date the decree is entered or the order takes effect if it is entered or takes effect at any other time. Authorizes a new redistricting bill to be passed within the 30-day redistricting special session. (e) Requires the governor, acting as presiding officer, to convene a redistricting board consisting of specific state officials, not more than 10 days after the deadline for the legislature to act or after a new redistricting bill fails to become law, if, within the time prescribed by Subsection (a) or (d) of this section, the legislature does not enact a redistricting plan. Dissolves the redistricting board, the earlier of when it adopts a plan or at the expiration of 30 days. Requires the legislature to provide funds for the board's clerical, technical, and other expenses. Prohibits the legislature from enacting a redistricting bill when the redistricting board is convened to adopt a plan for the same entity. Sec. 3.09. COMPENSATION. Requires the salary and other allowances for members of the legislature, other than the speaker of the house of representatives, to be set by the Texas Salary Commission established by Article 10 of this constitution. Requires the salary of the speaker of the house to be equal to not less than 90 percent of the salary of the governor. Prohibits the speaker of the house, while serving in that capacity, from engaging in any other full-time, salaried employment. Sec. 3.10. SESSIONS. Requires the legislature to convene in regular session in oddnumbered years on a date prescribed by law. Prohibits a regular session from exceeding 140 consecutive days. Prohibits a special session from exceeding 30 consecutive days. Prohibits a veto session from exceeding 15 consecutive days. Requires each session of the legislature to be open to the public, except when the senate is in executive session. Prohibits either house from adjourning or recessing for more than five days without the consent of the other. Requires the legislature to meet at the seat of government unless otherwise provided by law. Authorizes the legislature, by petition of three-fifths of the membership of each house, to convene in veto session on the first Monday following the 50th day after adjournment of a session solely to reconsider bills, resolutions, or appropriation items for passage over a veto. Authorizes the reconsideration of certain bills, resolutions, or appropriation items. Authorizes the legislature to meet in special session, veto session, and on impeachment concurrently, but a time limit for action is not extended by the concurrence of sessions. Sec. 3.11. ORGANIZATION AND PROCEDURE. (a) Authorizes each house to determine by majority vote the rules of its own proceedings, and authorizes the two houses to adopt joint rules. Provides that rules of procedure and joint rules remain in effect until amended or repealed. (b) Authorizes the legislature to provide by law for assembling and organizing either or both houses at an organizational assembly convened not earlier than the 45th day preceding the convening of a regular session. Provides that the assembly is composed of the members of the applicable house of the next legislature. Authorizes the respective houses at that organizational assembly to adopt rules of procedure and joint rules. (c) Requires the senate, at times as may be necessary, to elect from its members a president pro tempore by the affirmative vote of not fewer than 16 senators. Requires the president pro tempore to perform the duties of the president in addition to the duties of a senator, when the lieutenant governor is absent or temporarily disabled. Requires the president pro tempore to convene the committee of the whole senate within 30 days after the office of lieutenant governor becomes vacant, and requires the committee of the whole, by affirmative vote of not fewer than 16 senators, to elect one of its members to perform the duties of lieutenant governor in addition to the duties of senator until the next general election. Requires the election of another senator in the same manner and having the same duties, if the formerly elected senator ceases to be a senator before the election of a new lieutenant governor. Requires the president pro tempore to perform the duties of the lieutenant governor until the committee of the whole elects a member for this purpose. (d) Requires the secretary of state to convene the house of representatives for the purpose of organizing and electing a speaker, either at the organizational assembly or when first assembled in regular session. Requires the speaker to be elected from the members of the house by an affirmative vote of not fewer than 76 members. Authorizes the house of representatives, by rule, or the legislature by law, to limit the period of time that a person may serve as speaker or the number of times a person may be elected speaker. (e) Requires all elections held by either house of the legislature to be by public vote recorded in the journal. (f) Provides that two-thirds of the membership of each house constitutes a quorum, but authorizes fewer members to recess or adjourn from day to day and to compel the attendance of absent members. (g) Requires each house to prepare and publish a journal of its proceedings. Requires a vote to be recorded in the journal at the request of any three members present. (h) Authorizes each house to reprimand or punish a member for disorderly conduct or for cause deemed sufficient by that house. Authorizes each house to expel a member by twothirds vote of its membership, but not a second time for the same offense. Sec. 3.12. LEGISLATIVE IMMUNITY. Prohibits a member from being questioned in any other place for speech or debate during a legislative proceeding or for actions taken in the performance of official legislative duties. Sec. 3.13. CONFLICT OF INTEREST. Requires a member to disclose any pecuniary interest in any matter before the legislature. Prohibits the member from voting on the matter for which the member has a pecuniary interest. Prohibits a member from having a direct or indirect interest in any contract with the state, or with a county, that was authorized by law passed during the term for which the member was elected. Prohibits a member from appearing before or having dealings with an executive or administrative unit of state government for compensation other than the emoluments of office. Prohibits a member from directly or indirectly sharing in any fee paid to any other person for such an appearance or interaction. Sec. 3.14. ENACTING CLAUSE OF LAWS. Requires the enacting clause of all laws to be: "Be it enacted by the Legislature of the State of Texas." Sec. 3.15. BILLS AND RESOLUTIONS. Prohibits a law from being enacted other than by bill. Authorizes a bill to originate from either house, except that a bill for raising revenue must originate in the house of representatives. Authorizes the either house to amend or reject a bill after it passes the other house. Prohibits a bill from being amended in its passage through either house so as to change its original purpose. Restricts a bill to a single subject. Provides that the subject must be expressed in the title of the bill in a manner that gives the legislature and the public reasonable notice of the subject. Restricts a general appropriations bill to the subject of appropriations. Restricts a nonsubstantive statutory revision bill to that subject. Provides that a bill that is amendatory in form, except for a nonsubstantive statutory revision bill, must set out the complete section, subsection, or other statutory unit, as amended, of the statute it amends. Provides that before a house considers a bill the bill must have been referred to a committee of that house and reported at least five days before adjournment of the session, and also provides that a bill must be read in each house on three separate days. Authorizes either house by a four-fifths vote of the members present and voting to suspend these requirements. Prohibits a bill or resolution containing the same substance as a bill or resolution that has been defeated from being considered during the same session. Requires the presiding officer of each house in the presence of that house to certify the final passage of each bill and each resolution that requires the concurrence of both houses. Provides that the fact of certification must be recorded in the journal. Prohibits a law, other than general appropriations or redistricting, from taking effect before the 90th day after adjournment of the session at which it was enacted, unless two-thirds of the members vote to authorize an earlier effective date. Provides that the legislature is solely responsible for determining compliance with this section. Prohibits a law or resolution from being held void on the basis of insufficiency under this section or corresponding provisions of the Constitution of 1876. Sec. 3.16. LOCAL AND SPECIAL LAWS. Prohibits the legislature from enacting a local or special law without express authorization in this constitution. Authorizes the enactment of a local or special law by the legislature only to create districts and authorities, regulate outdoor sporting activities, create courts, create juvenile boards, grant tax releases in cases of public calamities, consolidate governmental offices, and to regulate livestock or fences. Requires public notice to be given in the event a local law is passed. Sec. 3.17. IMPEACHMENT. Grants the house of representatives the sole power to conduct legislative investigations to determine the existence of cause for impeachment and authorizes the house to impeach with a majority vote any executive branch officer or supreme court justice. Authorizes the house to petition a majority of its members to convene out of session for impeachment proceedings. Establishes that an officer with pending impeachment proceedings is suspended from duty throughout the proceedings. Provides that the lieutenant governor acts as governor when the governor is suspended, and that the senate's president pro tempore acts as lieutenant governor when the lieutenant governor is suspended. Authorizes the governor to make a temporary appointment in all other suspension cases. Establishes that an officer who is impeached is tried by the senate. Requires the senate to convene to receive the articles of impeachment. Requires the senators to pledge to conduct an impartial trial. Requires the chief justice of the supreme court to preside when either the governor or lieutenant governor is tried. Requires a two-thirds vote of the senate to convict a person of the impeachment charges. Requires the convicted officer to vacate office. Prohibits a conviction from extending beyond the removal from office, disqualification from holding future office, or position of profit of this state. Subjects an impeached officer to punishment by law. Sec. 3.18. ADVICE AND CONSENT OF SENATE. Establishes that a two-thirds vote of the members present constitutes consent to any appointment that this constitution or general law requires to be made with the advice and consent of the senate. Authorizes the legislature to regulate by law appointments made when the senate is not in session. TEMPORARY TRANSITION PROVISIONS. (a) Effective date: September 1, 2001. (b) Establishes that a member's legislative powers are still valid under Section 3.04 of this constitution. (c) Establishes that the term limits provided by Section 3.05 apply only to the years of service beginning after the effective date of this article. (d) Establishes that a member is compensated under current law until the Texas Salary Commission determines otherwise. (e) Establishes that Section 3.07 applies only to new members elected after enactment of this article and the redistricting plan. (f) Establishes that Section 3.09(b) applies only to a person elected speaker of the house after enactment of this article. (g) Establishes that redistricting under Section 3.08 applies after the effective date of this article. (h) Authorizes a member serving concurrently with passage of this article to maintain a contract prohibited by Section 3.13, if the contract does not violate Section 18 (Ineligibility for Other Offices; Interest in Contracts), Article III, Constitution of 1876. (i) Authorizes a member serving concurrently with passage of this article to fulfill a written contract for representation prohibited by Section 3.13(b), until the member's term expires. (j) Provides that, until the legislature provides otherwise by law, Section 12 (Vacancies in State or District Offices), Article IV, Constitution of 1876, governs appointments by the governor to govern during a recess of the senate. (k) Provides that the adoption of this article does not impair any bond or note obligation, validity, enforcement, or binding in accordance with prior law and the Constitution of 1876 and requires it to be paid from the sources pledged. Authorizes debt not issued at the time of this article's adoption, but authorized under the Constitution of 1876, to comply with the prior law. Authorizes the legislature to enact laws implementing this provision. ARTICLE 4. EXECUTIVE BRANCH Sec. 4.01. EXECUTIVE POWER. Vests the executive power of the state in the executive branch, comprising the governor, the governor's executive department, and other executive branch officers and agencies. Sec. 4.02. EXECUTIVE DEPARTMENT OFFICERS. Establishes that the governor is the chief executive officer of the state. Establishes that the secretary of the state, other executive officers of the cabinet, and other executive officers prescribed by law compose the executive officers of the governor's executive department. Provides that the cabinet of the governor's executive department consists of the departments of state, interior, public safety and criminal justice, health and human services, education, agriculture, economic development, energy, and transportation. Sec. 4.03. EXECUTIVE BRANCH ELECTIVE OFFICERS. Establishes that the other officers within the executive branch, but not in the governor's executive department, are the lieutenant governor, comptroller of public accounts (comptroller), and attorney general. Sec. 4.04. STATE AGENCIES. Establishes that an administrative unit, such as an agency or commission not part of the legislative or judicial branch, is part of the governor's executive department. Provides that the legislature is not restricted by this article to establish an agency within or outside of the executive department. Authorizes executive branch agencies to reside outside of the governor's department while under the governance of appointed officers. Sec. 4.05. SELECTION AND TERM OF OFFICERS. Provides that the governor, lieutenant governor, comptroller, and attorney general are to be elected for four-year terms by the qualified voters at the statewide general election. Establishes that the governor appoints nonelective officers to the governor's executive department, including the secretary of state, all of whom serve at the governor's pleasure. Establishes that all other officers in the executive branch are elected or appointed in the manner provided by law. Requires the governor's appointments to receive the advice and consent of the senate. Sec. 4.06. GOVERNOR'S ELIGIBILITY AND INSTALLATION. Sets forth candidacy requirements for the governor, including citizenship, age, residency, and term limitations. Requires the legislature to appropriate money to assist a governor-elect. Entitles the governor-elect to receive any information the incumbent governor is entitled to receive. Establishes that the governor is inaugurated on the first Tuesday following the organization of the next regular session following the election, or as soon thereafter as practicable. Sec. 4.07. GUBERNATORIAL SUCCESSION. Establishes that the lieutenant governorelect becomes governor if the governor-elect fails to assume office prior to inauguration. Establishes that the lieutenant governor acts as governor during an impeachment trial of the governor, and assumes office if convicted by the senate. Establishes that the lieutenant governor becomes governor if the office of the governor becomes vacant and that the lieutenant governor acts as governor if the governor leaves the state or is temporarily disabled. Provides that the president pro tempore of the senate acts as governor if the lieutenant governor is also absent or disabled. Provides that while a person serves or acts as governor, that person receives only the governor's salary while serving or acting as governor. Sec. 4.08. ACTION ON BILLS AND RESOLUTIONS. (a) Requires every bill that passes both houses of the legislature to be presented to the governor. Authorizes the governor to approve a bill by signing it. Establishes a bill as law if signed by the governor, or if the governor does not act on it within 10 days, excluding Sundays, after the bill is presented. Authorizes the governor to approve or veto the bill before the 20th day after adjournment, if the legislature adjourns before the expiration of the 10-day period. Establishes a bill as law if the governor does not act on it within the 20-day period. Provides the governor with the right to veto the bill by returning it with objections to the house in which it originated. Requires that house to enter the objections in its journal and authorizes that house to reconsider the bill for passage over veto. Requires a two-thirds record vote by that house to send a bill with the governor's objections to the other house. Requires the other house to follow the same process. Requires a bill to become law and to be filed with the secretary of state, if it passes the other house by two-thirds record vote of its membership. Requires the governor to give public notice of the veto by proclamation if the veto occurred after adjournment. Authorizes the governor to veto any item of appropriation in a bill. Provides that portions of a bill containing an appropriation that are not vetoed become law. Establishes that the item vetoed returns with the bill under the same procedure as a veto of a bill. Establishes that bills and resolutions that propose constitutional amendments, call for a constitutional convention, call for removal of an officer by address, or concern legislative rules or procedures are not presented to the governor. Orders and resolutions presented to the governor follow the same procedure as bills passed by both houses. Sec. 4.09. COMMANDER IN CHIEF. Establishes that the governor is the commander in chief of the military forces of the state except when those forces are called into active service of the United States. Sec. 4.10. EXECUTION OF LAWS; CONDUCT OF BUSINESS WITH OTHER GOVERNMENTS. Requires the governor to require the laws to be faithfully executed and requires the governor to conduct all intercourse and business of the state with other states, the United States, and foreign nations, in person or in the manner prescribed by law. Sec. 4.11. CONVENING LEGISLATURE IN SPECIAL SESSION. Authorizes the governor to convene the legislature in special session, stating specifically the purpose of the session. Authorizes the legislature to consider only those matters that the governor specifies in the call or subsequently presents to the legislature. Sec. 4.12. GOVERNOR'S AUTHORITY BEFORE COURTS. Authorizes the governor to intervene in any legal action in which the state is a party and in which the governor believes the intervention prudent and necessary. Sec. 4.13. ADMINISTRATIVE REORGANIZATION. Authorizes the governor to submit to the legislature a written reorganization plan reassigning functions among or consolidating or abolishing any state agencies, offices, or governing bodies in the executive branch, other than an agency created by this constitution or under the authority of a constitutional officer. Authorizes either house to reject by resolution such reorganization during the 60 days after the date a plan is submitted during which both houses are in session. Establishes the plan as effective unless rejected by one or both houses during the described period. Sec. 4.14. REPRIEVES, COMMUTATIONS, AND PARDONS; REMISSIONS OF FINES AND FORFEITURES. Authorizes the governor to grant reprieves relating to the execution of death sentences, commutations, pardons, and the remission of fines and forfeitures. Sec. 4.15. LIEUTENANT GOVERNOR. Sets forth the eligibility requirements and duties of the lieutenant governor. Establishes the lieutenant governor as president of the senate. Authorizes the lieutenant governor to vote only to cast a deciding vote when the senate is equally divided. Authorizes the lieutenant governor to debate and vote on all questions when the senate is convened as a committee of the whole. Sec. 4.16. COMPTROLLER OF PUBLIC ACCOUNTS. Establishes that the comptroller is the executive officer of the department of the treasury and requires the comptroller to perform all duties prescribed by this constitution and by law. Sec. 4.17. ATTORNEY GENERAL. Establishes that the attorney general is the executive officer of the department of justice, represents the state in all civil suits, has all powers for common law, and all other duties provided by law. Requires the attorney general to be qualified to practice before the Supreme Court of Texas. Sec. 4.18. SECRETARY OF STATE. Establishes that the secretary of state is the executive officer of the department of state and the chief elections officer of the state. Requires the secretary of the state to perform all duties prescribed by this constitution and by law. Requires the secretary to keep the state seal and to use it for official purposes as directed by the governor. Sec. 4.19. OTHER OFFICERS OF EXECUTIVE BRANCH. Provides that other officers of the executive branch have the powers and duties as provided by this constitution and by law. Sec. 4.20. COMPENSATION OF OFFICERS OF EXECUTIVE BRANCH. Requires the compensation for constitutional officers of the executive branch to be prescribed by law, subject to Section 10.08 of this constitution. Prohibits the compensation of an executive branch officer from diminishing. Provides that the governor is entitled to the use of the Governor's Mansion, in addition to other legal perquisites provided by law. Sec. 4.21. DUAL OFFICE-HOLDING AND EMPLOYMENT. Prohibits a constitutional elected officer of the executive branch from holding any other civil or corporate office, for any compensation, or practicing another profession or employment. Provides that this section does not apply to the president pro tempore of the senate under certain circumstances. Sec. 4.22. VACANCIES IN ELECTED OFFICES OF EXECUTIVE BRANCH. Provides that an executive office vacancy is filled for the remaining term by a governor's appointment that is confirmed by the senate, except as provided by this constitution. TEMPORARY TRANSITION PROVISIONS. (a) Effective date: September 1, 2001. (b) Provides that each agency and term of office of each officer continues in effect as provided by law, on the effective date of this article, until otherwise provided by law. (c) Authorizes the governor to adopt a reorganization plan under Section 4.13 and appoint members for the governor's cabinet immediately on or after the effective date of this article. (d) Provides that the provisions regarding prohibition of other employment do not apply to a member of the cabinet until the member begins to receive compensation for that office. (e) Establishes that the persons serving as general land commissioner and commissioner of agriculture continue their lawful duties until their terms expire. Authorizes the offices to either become abolished or consolidated with another entity. Sets forth further provisions regarding the restructuring of the two offices. (f) Continues the provision of the Constitution of 1876 that requires the executive officers to reside at the seat of government, until otherwise provided by law. ARTICLE 5. JUDICIAL BRANCH Sec. 5.01. JUDICIAL POWER. Vests the judicial power of this state in the judicial branch consisting of the supreme court, courts of appeals, district courts, and such other courts as may be provided by law. Requires the legislature to establish by law the jurisdiction of the courts of this state, subject to the provisions of this constitution governing that jurisdiction. Requires the jurisdiction of all courts on the same level to be uniform statewide. Sec. 5.02. SUPREME COURT. Establishes that the supreme court consists of the chief justice, 14 justices, and such other officials as provided by law. Establishes that seven of the justices constitute the civil division of the supreme court, and the other seven constitute the criminal division. Provides that one of the justices on each division is selected in the manner provided by law as presiding justice of that division. Establishes that four members of a division constitute a quorum, and the concurrence of four justices is necessary for a decision in a case. Authorizes a division to sit en banc or in sections as designated by the division to hear argument of cases and to consider petitions for review or other preliminary matters. Authorizes the chief justice to sit on either division or both divisions, as provided by court rule. Authorizes the supreme court to determine, by rule, how conflicts between divisions should be resolved and under what circumstances the chief justice is authorized to call the full court to sit en banc. Requires a person, in order to serve on the supreme court, to be licensed to practice law in this state, be a citizen of the United States, and a resident of this state, and have been at the time of appointment a practicing lawyer or a judge of a court of record in this state for a total of at least 10 years. Sec. 5.03. JURISDICTION OF SUPREME COURT. Establishes the supreme court as the highest court of the state. Requires the supreme court to exercise the judicial power of the state except as otherwise provided by this constitution. Requires the jurisdiction of the supreme court to be coextensive with the limits of the state, and its determinations to be final. Requires the supreme court's appellate jurisdiction to be final and to extend to all cases except as otherwise provided by law. Requires the appeal of all cases in which the death penalty has been assessed to be directly to the supreme court. Authorizes the supreme court, on its own motion, to review a decision of a court of appeals as provided by law. Requires all other appeals to be to the courts of appeals as prescribed by law. Authorizes the supreme court and each division of the court to issue all writs necessary, including habeas corpus, mandamus, procedendo, and certiorari, to enforce the court's jurisdiction. Authorizes the legislature to confer original jurisdiction on the supreme court to issue writs of quo warranto and mandamus, except as against the governor. Authorizes the supreme court, on affidavit or otherwise as determined by the court, to ascertain matters of fact as necessary to the proper exercise of its jurisdiction. Establishes that the supreme court has jurisdiction to answer questions of state law certified from federal appellate courts under rules of procedure promulgated by the court. Authorizes the legislature to provide by law for an appeal directly to the supreme court from an order of any trial court granting or denying an interlocutory or permanent injunction on the grounds of the constitutionality or unconstitutionality of a statute of this state or on the validity or invalidity of any administrative order issued by any state agency under a statute of this state. Authorizes the supreme court to sit at any time during the year at the seat of government or at any other location the court determines appropriate for the transaction of business, and its term shall begin and end with each calendar year. Authorizes the supreme court to promulgate rules of administration not inconsistent with law as may be necessary for the efficient and uniform administration of justice in the courts, and may promulgate other rules as authorized by this constitution or by law. Sec. 5.04. COURTS OF APPEALS. Requires the legislature to establish one or more districts and in each provide for a court of appeals consisting of a chief judge and two or more other judges. Authorizes a court of appeals to sit in sections if authorized by law. Provides that a concurrence of a majority of the judges sitting is necessary to decide a case. Sec. 5.05. DISTRICT COURTS. Requires the legislature to divide the state into discrete geographical judicial districts with no overlapping geographical areas and, and prohibits a judicial district from being smaller in size than one entire county. Requires each district to have one district court having one or more judges. Provides that districts composed of more than one county must be compact and of contiguous counties. Requires the legislature to determine the number and location of districts and number of judges in each district. Establishes that district courts have original jurisdiction over all actions and matters for which exclusive jurisdiction is not otherwise provided by law. Sec. 5.06. COUNTY AND JUSTICE COURTS. Provides that there is in each county in the state a county court. Require a county court to be a court of record. Establishes that the county court has the jurisdiction provided by law. Establishes the county judge as the presiding officer in a county court. Provides that a county judge is elected by the voters in the county for a term of four years. Requires the governing body of the county to create and maintain justice of the peace precincts and justice of the peace courts as necessary. Establishes that a justice of the peace is elected by qualified voters of the county for a fouryear term. Provides that a vacancy in a justice of the peace court is filled by appointment of the governing body of the county and that the appointee serves until the next statewide general election. Sec. 5.07. MUNICIPAL COURTS. Authorizes the governing body of a municipality to establish and maintain municipal courts and to select a municipal judge, as provided by law or by charter as authorized by law. Sec. 5.08. JUDICIAL QUALIFICATIONS. Sets forth the qualifications of a justice of the court of appeals, a district judge, a county judge, and a justice of the peace. Requires the legislature to establish qualifications for a judge of any other court established by law. Sec. 5.09. JUDICIAL SELECTION AND TERMS. Requires the governor to appoint the chief justice and justices of the supreme court, courts of appeals, and district judges (judicial officers), in the first instance and upon vacancy with the advice and consent of the senate. Sets forth the nomination procedure and terms of office for judicial officers. Establishes a nonpartisan retention election for judicial officers seeking a term after the expiration of their initial term. Authorizes the legislature to prescribe by law a mandatory retirement age for judicial officers. Sec. 5.10. REMOVAL AND DISCIPLINE OF JUDGES. Requires the governor to remove the chief justice or a justice of the supreme court on the address of two-thirds of the members of each house of the legislature for wilful neglect of duty, incompetency, oppression in office, or other reasonable cause not sufficient grounds for impeachment, as determined by the legislature. Requires the legislature to provide for a commission on judicial conduct. Authorizes the legislature to provide for the removal, mandatory retirement, suspension, or censure of the chief justice or a justice of the supreme court, a judge or magistrate, a justice of the peace or a court master. Sec. 5.11. REMOVAL OF COUNTY OFFICERS. Authorizes a district court to remove county officers, including county judges and the clerk of the district or county court, for incompetency, official misconduct, habitual drunkenness, or other cause defined by law, on the petition of the county attorney, district attorney, or criminal district attorney. Establishes that an officer whose removal is sought has the right to a trial by jury. Sec. 5.12. CLERKS. Requires the supreme court to appoint a clerk who serves a six-year term unless removed by action of the court recorded in the minutes of the court. Authorizes court of appeals judges and district judges to appoint clerks for a four-year term and to remove them in the same manner as removal of a supreme court clerk. Requires a county clerk to be elected by the voters of the county to serve a four-year term of office. Sec. 5.13. JURIES. Provides that a grand jury in district court consists of 12 persons, 9 of whom constitute a quorum. Provides that a trial by jury in a district court consists of 12 persons in all cases except for a criminal misdemeanor, which consists of 6 persons. Authorizes the legislature to provide that a district court jury in a civil or misdemeanor case consists of fewer than 12 persons, but no fewer than 6 persons. Prohibits a verdict in a district court to be rendered by less than a majority of the members of the jury. Provides that juries for a trial court lower than a district court consist of 6 persons, or less as provided by the legislature, and that such a jury's verdict must be unanimous. Requires the legislature to provide qualifications for jurors. Establishes a right to trial by jury on demand and after payment of the jury fee, if required by law. Authorizes the legislature to provide for a jury in a criminal case to be informed about a law or procedure that may affect the time that a person sentenced to incarceration will serve. Sec. 5.14. APPEAL OF ACCUSED. Provides that a person convicted of a criminal offense in a trial court has the right to appeal to the court having jurisdiction. Provides than an appeal to the supreme court in a criminal case is at the discretion of that court unless otherwise provided by this constitution or by law. Sec. 5.15. STATE'S RIGHT TO APPEAL IN CRIMINAL CASES. Entitles the state to appeal in criminal cases as authorized by law. Sec. 5.16. SUSPENSION OF SENTENCE AND PROBATION. Authorizes a court having original jurisdiction of a criminal case to suspend sentence, place a defendant on probation, and reimpose sentence, subject to regulation by law. TEMPORARY TRANSITION PROVISIONS. (a) Effective date: September 1, 2001. (b) Provides that all judges currently serving on the supreme court and court of criminal appeals continue in office after this article takes effect. Provides that those judges may complete their terms when this article is passed, but must serve on their respective division of the new supreme court. Requires the current chief justice and presiding judge of the court of criminal appeals to become the presiding justices of their respective divisions. Requires the justices to be subject to retention elections at the conclusion of their terms. Requires the governor to fill vacant positions on the supreme court in the manner set forth in Section 5.09, but prohibits those positions from being filled until the number of members of one of the supreme court divisions is reduced to seven. Requires the governor on the effective date of this article to appoint a chief justice of the supreme court for a term that expires January 1, 2007. (c) Provides that all other courts and judges continue to exist and serve as established by current law. Authorizes the legislature to implement this article by reorganizing the current court system. Requires new judicial appointments to take effect after the current round of terms expire, but authorizes the legislature to provide for a retention election for a judge of a court of appeals or district court seeking to serve another term. (d) Provides that matters pending before any court on passage of this article are automatically assumed by the new court, and may be protected by provisions established, by rule, by the supreme court. (e) Provides that current rules adopted by a court remain in effect until decided otherwise by that court. (f) Provides that members of the State Judicial Qualifications Commission continue their service upon the passage of this article, and exist pursuant to Section 1-a (Retirement, Censure, Removal, and Compensation of Justices and Judges; State Commission on Judicial Conduct; Procedure), Article V, Constitution of 1876, unless otherwise provided by law. (g) Provides that clerks continue to serve their courts, until their terms expire or another clerk is selected. (h) Authorizes the supreme court to adopt rules to implement this article fairly and efficiently; however, the legislature by statute may supersede these rules. ARTICLE 6. VOTER QUALIFICATIONS AND ELECTIONS Sec. 6.01. QUALIFICATIONS FOR VOTING. Sets forth the qualifications for being a qualified voter. Sec. 6.02. ELECTIONS. Requires voting by the people in all elections to be by secret ballot. Requires the legislature to provide requirements concerning residence, registration, and early voting, for the administration and conduct of elections and for the protection of the integrity of the electoral process. Requires a statewide general election to be held in evennumbered years on a date prescribed by law. TEMPORARY TRANSITION PROVISION. Effective date: September 1, 2001. ARTICLE 7. EDUCATION Sec. 7.01. EQUITABLE SUPPORT OF PUBLIC FREE SCHOOLS. Requires the legislature to establish and make suitable provision for the support and maintenance of an efficient system of public free schools. Provides that not more than 15 percent of the state's public free school students may be enrolled in school districts in which the financial resources available per student are not equalized by the state, and provides that all other school districts must have equal access to similar per pupil revenues at similar tax rates. Sec. 7.02. SCHOOL AND COMMUNITY COLLEGE DISTRICTS. Requires the legislature, by general law, to provide for establishing, financing, consolidating, and abolishing school districts and community college districts. Requires the legislature to define their powers. Sec. 7.03. PERMANENT AND AVAILABLE SCHOOL FUNDS. Establishes that the permanent school fund (PSF) exists for the support of public free schools. Sets forth the property to support the PSF. Holds the permanent school fund in perpetual trust. Prohibits the PSF from paying for anything other than a purpose as provided by this section. Authorizes PSF lands to be sold, leased, or traded, as provided by law. Provides that the available school fund consists of the income from the PSF and the state taxes dedicated to the available school fund. Requires the available school fund to be used only to support the state' public free schools and the for administration of the PSF. Authorizes the legislature, by general law, to allocate to the available school fund not more than one-half of the capital gains on investment of the permanent school fund. Authorizes the legislature to guarantee bonds for school districts through support of the PSF and PSF income. Requires the legislature to provide for the recovery of money to be expended as a result of the bond guarantees. Requires the State Board of Education to manage the PSF in the manner prescribed by general law and authorizes the board to trade in reasonable investments using the PSF. Sec. 7.04. STATE BOARD OF EDUCATION. Requires the legislature to provide for a state board of education whose members serve for six years as provided by law. Sec. 7.05. HIGHER EDUCATION SYSTEM. Requires the legislature to provide for a state higher education system, including institutions of higher education, university systems, university components, community colleges, and other institutions. Sec. 7.06. PERMANENT UNIVERSITY FUND. Establishes the permanent university fund, consisting of the land identified in Section 15 (Grant of Additional Lands to University), Article VII, Constitution of 1876, as amended and as it existed on January 1, 1994, and the Legislative Act of April 10, 1883; the proceeds from sale and mineral development of the land; and the property purchased with the proceeds. Holds the fund in perpetual trust for the people of the state and for the use and benefit of the University of Texas (UT) at Austin, Texas A&M University (TAMU) at College Station, and Prairie View A&M University (PVAM). Prohibits the principal of the fund from being spent. Authorizes the board of regents of the University of Texas System (board) to sell, lease, exchange, or otherwise manage the assets of the Permanent University Fund (PUF) in the manner prescribed by law. Requires the board to invest the proceeds. Authorizes the board to acquire, exchange, sell, supervise, manage, or retain, through procedures and subject to restrictions it establishes and in amounts it considers appropriate, any kind of investment that persons of ordinary prudence, discretion, and intelligence, exercising the judgement and care under the circumstances then prevailing, acquire or retain for their own account in the management of their affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital, subject to general law. Establishes the contents of the available university fund. Requires an appropriation each year to the governing body of each participating member of the PUF. Authorizes the board of regents of the University of Texas System and the Texas A&M System to issue bonds and notes, and pledge their respective shares of the available university fund to the payment of the principal of and interest on those bonds and notes for the purpose of acquiring land, constructing, equipping, repairing, and rehabilitating buildings and other permanent improvements, and to acquire capital equipment, library books, and library materials and refunding notes under this section, subject to general law. Requires bonds and notes under this section to be for the benefit of the institutions described by Subsection (b) of this section. Sec. 7.07. HIGHER EDUCATION CAPITAL FUND. Establishes a higher education capital fund consisting of $250 million from the treasury. Requires the capital fund to benefit capital improvement projects for any institution of higher education other than UT, TAMU, PVAM, or a junior college. Authorizes certain institutions to issue indebtedness not to exceed 50 percent of the value of the funds appropriated to the qualified institutions, for authorized purposes. Authorizes the legislature to adjust the allocation in the general appropriations bill for the next biennium, but prohibits the legislature from impairing an obligation under debt. Permits the legislature to regulate indebtedness by general law. Prohibits expending the funds in this section for student housing, intercollegiate athletics, or auxiliary enterprises. Authorizes the legislature, by general law, to establish a fund for institutions other than UT, TAMU, PVAM, or a junior college as described above which requires a two-thirds vote by each house to spend the principal. Sets forth other spending provisions. Requires that income from investment of the fund be credited to the fund until its balance equals $2 million and that after that time 90 percent of such income shall be used by enumerated state institutions of higher education for the purchase of land and the construction of permanent improvements. Prohibits an allocation under this section to the Texas State Technical College System from exceeding 2.2 percent of all allocations. TEMPORARY TRANSITION PROVISIONS. (a) Effective date: September 1, 2001. (b) Provides that all Section 3-b (Independent School Districts and Junior College Districts; Taxes and Bonds; Changes in Boundaries), Article VII, Constitution of 1876, powers to school districts and junior college districts continue until otherwise provided by general law. (c) Provides that no obligation of a bond or note is impaired by this article. Requires the payment of these bonds and notes to continue. Authorizes the legislature to implement this provision by general law. (d) Transfers the money in the higher education fund by way of Section 17(i) (Colleges and Universities; Appropriations and Funding), Article VII, Constitution of 1876 into the fund created under Section 7.07(e), at the time this article becomes effective. (e) Authorizes the legislature to reduce a university's available university fund amount appropriated under Section 7.07(a). (f) Continues the Texas Tomorrow Fund for its established purposes under the Constitution of 1876. ARTICLE 8. FINANCE Sec. 8.01. STATE TAXATION. Authorizes the levy and collection of state taxes only by general law. Prohibits a state ad valorem tax on real property or tangible personal property for state purposes from being levied except by the legislature to provide state support for the public free schools. Sec. 8.02. AD VALOREM TAXATION. Provides that a taxing authority that imposes an ad valorem tax must tax all real property and tangible personal property equally and uniformly in proportion to its market value, except as otherwise permitted by this article. Prohibits a political subdivision of this state from imposing an ad valorem tax unless the voters of the political subdivision have approved it. Sec. 8.03. APPRAISAL OF TAXABLE PROPERTY; EQUALIZATION. Requires the legislature by law to provide for the establishment and enforcement of standards and procedures for appraisal of property for ad valorem tax purposes. Sets forth the standards and procedures for appraisal of property for ad valorem tax purposes. Requires the legislature to prescribe the methods, timing, and administrative process for implementing this section. Sec. 8.04. AD VALOREM TAXATION OF RAILROAD ROLLING STOCK. Authorizes the rolling stock of a railroad company to be appraised for ad valorem taxation in gross as provided by law and the appraised value apportioned for taxation among the counties in proportion to the length of the railroad bed located in each county on which the railroad company operates the rolling stock. Sec. 8.05. AUTHORITY FOR AD VALOREM TAX EXEMPTIONS. Authorizes the legislature to provide exemptions and other relief from ad valorem taxation in addition to that provided by this constitution. Sec. 8.06. AD VALOREM TAX RELIEF FOR RESIDENCE HOMESTEADS. Exempts $3,000 of the market value of the residence homestead of a married or unmarried adult individual from state ad valorem taxation. Exempts $15,000 of the market value of the residence homestead of a married or unmarried adult individual from taxation for general elementary and secondary public school purposes. Authorizes the legislature by law to provide that all or part of the exemption does not apply to a taxing authority that is not the principal school district providing general elementary and secondary public education throughout its territory. Prohibits the total amount of ad valorem taxes imposed for general elementary and secondary public school purposes each year on the residence homestead of an individual who is 65 years of age or older to be increased in any year while it remains the residence homestead of the individual or, if the individual dies, of the individual's surviving spouse who is 55 years of age or older on the date the individual dies, subject to any exceptions provided by law. Authorizes the legislature by law to provide for the transfer of all or a proportionate amount of a limitation provided by this subsection for a person who qualifies for the limitation and establishes a different residence homestead. Authorizes taxes limited by this subsection to be increased to the extent the market value of the homestead is increased by improvements, other than improvements made to comply with governmental requirements. Authorizes the legislature to define "residence homestead" for purposes of this section and to prescribe procedures for the administration of exemptions under this section. Sec. 8.07. APPRAISAL FOR TAXATION OF AGRICULTURE AND OTHER OPENSPACE LAND. Requires the legislature to provide by general law for the ad valorem taxation of open-space land used for agricultural use or other farm or ranch purposes, wildlife management, or timber production on the basis of the land's productive capacity for those purposes. Defines "agricultural use" to mean the raising of livestock or growing of crops, fruit, flowers, and other products of the soil under natural conditions as a business venture for profit. Authorizes the legislature to provide eligibility limitations and impose sanctions in furtherance of the purposes of this section. Sec. 8.08. OTHER AD VALOREM TAX EXEMPTIONS. Exempts public property held primarily for public purposes, as well as farm products, livestock, and poultry in the hands of the producer, family supplies for home and farm use, and implements of husbandry used in the production of farm or ranch products, from ad valorem taxation. Requires the legislature to exempt from ad valorem taxation by general law, household goods and personal effects not held or used for the production of income. Sec. 8.09. AD VALOREM TAX EXEMPTION FOR FREEPORT GOODS. Exempts tangible personal property and ores, other than oil, gas, or other petroleum products, from ad valorem taxation. Sets forth the exemption requirements of tangible personal property. Provides that all non-exempt personal property qualifies for taxation by a taxing authority that elected to tax the property as provided by law before January 1, 1990, unless the taxing authority subsequently elects to exempt the property from ad valorem taxation by the taxing authority, in which case the property may not be taxed again. Sec. 8.10. SALE OF PROPERTY FOR DELINQUENT TAXES. Authorizes the legislature to provide for the sale of land or other property for delinquent ad valorem taxes, as well as for the rights to the redemption of that land or property. Sec. 8.11. PERSONAL INCOME TAX. Restricts the legislature from enacting a general law that imposes a tax on the net income of natural persons until approved by a majority of the registered voters voting in a statewide referendum held on the question of imposing the tax. Prohibits changing a condition approved by referendum unless the condition is approved by subsequent referendum. Sec. 8.12. PUBLIC FUNDS. Authorizes the use of a public funds and public credit only for public purposes. Prohibits the legislature from granting or authorizing the grant of state money to a political subdivision of this state except for a governmental purpose or as expressly authorized by this constitution. Sec. 8.13. REVENUE FROM MOTOR VEHICLE REGISTRATION FEES AND TAXES ON MOTOR FUELS AND LUBRICANTS. Requires the express use of specified fees and taxes on motor vehicles on certain items, after all refunds allowed by law. Sets forth the items on which a motor vehicle tax are required to be expended. Requires the use of federal transportation and highway construction only for enumerated purposes. Sec. 8.14. STATE DEBT. Defines "state debt" as bonds or other evidence of indebtedness secured by the general credit of the state or to be repaid from revenue or income of the state, including taxes and tuition. Provides that the term "state debt" does not include bonds or other evidences of indebtedness issued to finance a project if the debt is authorized by law and is payable solely from revenue generated by the project. Prohibits state debt from being incurred. Provides exceptions to the prohibition against the incurring of state debt. Authorizes the legislature, acting by joint resolution and an affirmative vote of two-thirds of each house, to submit to the eligible voters of this state one or more propositions requiring the approval of a majority of the eligible voters voting, authorizing the legislature to incur state debt. Authorizes the legislature to call an election on the proposition to incur state debt during any regular session of the legislature or on special session called by the governor, but must conform to all manners prescribed by law for other statewide elections. Provides that a proposition must clearly describe the amount and purpose for which debt is to be created and must describe the source of payment for the debt. Prohibits the amount of debt from exceeding the amount stated in the proposition or being renewed outside the language of the proposition, except as provided by law under this section. Authorizes the legislature to enact all laws necessary or appropriate for the implementation of this section. Provides that a law enacted in anticipation of the election is valid if, by its terms, it is subject to the approval of the related proposition. Authorizes the state to refinance the state debt authorized under this section as provided by law. Prohibits the state debt authorized under this section and approved by the attorney general in accordance with applicable law from contest for any reason. Sec. 8.15. LIMIT ON STATE DEBT. Prohibits the legislature from creating additional state debt payable from the general revenue fund if the resulting annual debt service exceeds the limitation imposed by this section. Prohibits the maximum annual debt service in any fiscal year on state debt payable from the general revenue fund from exceeding five percent of an amount equal to the average of the amount of general revenue fund revenues, excluding revenues constitutionally dedicated for purposes other than payment of state debt, for the three preceding fiscal years. Defines "state debt payable from the general revenue fund" to mean general obligation and revenue bonds and lease-purchase agreements in an amount greater than $250,000, which bonds or agreements are designed to be repaid with the general revenues of the state. Provides that the term does not include bonds that are reasonably expected to be paid from other revenue sources and that are not expected to create a general revenue draw. Sets forth that bonds and lease-purchase agreements, or parts of bonds and lease-purchase agreements, that pledge the full faith and credit of the state and subsequently require use of the state's general revenue for payment are considered to be a "state debt payable from the general revenue fund" under this section until specified conditions are met. Sec. 8.16. APPROPRIATIONS. Prohibits money received or collected by the state or any state agency from being spent except as provided by legislative appropriation. Provides that this subsection does not apply to money received and held in a trust established by law or by this constitution for a specific beneficiary. Provides that an appropriation must be made by law, be specific, be for a purpose authorized by law, and be for a period not longer than two years. Requires the comptroller to submit a report to the governor and the legislature, on the convening of the legislature in regular session. Describes the information required to be included in the comptroller's report. Requires the comptroller to certify that an appropriation bill does not exceed estimated revenues, that it responds to a public necessity, and that it did pass with a four-fifths vote of the membership each house. Requires the comptroller, if an appropriation in a bill exceeds the amount estimated to be available, to endorse a finding that the appropriation bill exceeded estimated revenues, return the bill to the house, and notify the legislature of the bill's return. Sec. 8.17. RESTRICTION ON APPROPRIATIONS. Prohibits the rate of growth of appropriations from state tax revenues dedicated by this constitution from exceeding the anticipated rate of growth of the state's economy during a biennium. Requires the legislature, by general law, to provide procedures to implement this subsection. Authorizes the legislature to provide for appropriations in excess of the amount authorized by this section, if it finds by the adoption of a resolution by a record vote of the members of each house that an emergency exists. Prohibits the excess authorized from exceeding the amount specified. Subjects appropriations under this section to Section 8.16 of this constitution. Sec. 8.18. BUDGET EXECUTION. Authorizes the legislature to authorize or direct the governor to exercise fiscal control over the expenditure of appropriated money. Requires the governor to ensure that items of appropriation for the executive department are expended only as directed by the legislature. Authorizes the legislature, by rider in an appropriation act or by other law, to authorize an officer or agency of any branch of state government to make an expenditure or emergency transfer of appropriated money, subject to the conditions provided by the appropriation act or other statute. Sec. 8.19. LIMITS ON CERTAIN APPROPRIATIONS. Prohibits the maximum amount paid out of state funds for assistance grants to or on behalf of needy dependent children and their caretakers from exceeding one percent of the state budget for the two years of each state fiscal biennium. Requires the legislature by law to provide for the means for determining the state budget amounts to be used in establishing the biennial limit. Authorizes the legislature to prescribe such limitations and restrictions and enact such laws as may be necessary in order that federal matching money will be available to the extent the amounts set forth in this section are found to conflict with federal law. Sec. 8.20. TEXAS GROWTH FUND. Creates the Texas growth fund as a trust fund that invests in new or small businesses, businesses with rapid growth potential, or investments in applied research and organizational activities leading to business formation and opportunities involving new or improved processes or products. Requires the investments of the fund to be directly related to the creation, retention, or expansion of employment opportunities and economic growth in this state. Authorizes an investing fund or system of the state to cumulatively invest up to one percent of the book value of the fund in the Texas growth fund, without liability at law or in equity to members of the governing board of the fund or system in their personal or official capacities. Requires the legislature to establish by general law the board of trustees of the growth fund, and to provide for the board's operation. TEMPORARY TRANSITION PROVISIONS. (a) Effective date: September 1, 2001. (b) Authorizes a political subdivision to continue imposing an ad valorem tax, subject to any legal restrictions. (c) Provides that any relief from ad valorem taxes established in the Constitution of 1876 or other law remains in effect until otherwise provided by law. ARTICLE 9. LOCAL GOVERNMENT Sec. 9.01. COUNTIES. Maintains the counties that are in existence on the adoption of this article. Authorizes only a majority of the qualified voters of a county to change the boundary of a county, merge counties, or relocate a county seat, under procedures prescribed by general law. Sec. 9.02. POWERS OF COUNTY GOVERNMENT. Provides that a county possesses only the powers granted under this constitution and by law. Sec. 9.03. COUNTY OFFICERS. Establishes the county commission as the governing body of the county. Sets forth that a county commission consists of the county judge and four county commissioners, with each commissioner elected by the qualified voters of separate and compact precincts containing as nearly as practicable an equal number of inhabitants. Provides that the county judge is the presiding officer of the county commission. Provides that the sheriff, treasurer, and tax assessor-collector are elected by the qualified voters of each county. Authorizes the legislature to provide by general law for other county officers. Provides that county, district and criminal district attorneys are elected in such numbers and for such counties as provided by general or local law, and they must be licensed to practice law in this state. Sets forth that a district attorney represents the state in all criminal cases in courts below the level of court of appeals other than municipal courts or justice of the peace courts, except that in a county in which there is a county attorney the powers and duties of the district attorney and county attorney are as provided by general or local law. Authorizes the county commission to provide for the election of one or more constables. Provides that the qualifications and functions of county officers and the grounds and procedures for disqualification, suspension, and removal are as provided by this constitution or by general law. Requires the county clerk to act as county recorder and clerk of the county commission. Authorizes the qualified voters of a county, by a majority vote of those voting on the question, in the manner and to the extent provided by general law, to create or eliminate county offices, combine the functions of county offices, or change the method of selection of county offices. Requires the county commission to act to ensure that all duties and functions required by state law are assigned to an appropriate office. Provides that vacancies in county offices are filled as provided by general law. Sec. 9.04. GENERAL-LAW AND HOME-RULE MUNICIPALITIES. Requires that the legislature provide by law for general-law and home-rule municipalities, which shall be classified as such according to population. Authorizes the organization of a general-law municipality only under general law, and provides that such a municipality has the powers authorized by general law. Authorizes the organization of a home-rule municipality under a municipal charter, and provides that a home-rule municipality has the power to levy, assess, and collect taxes. Authorizes both a general-law municipality and a home-rule municipality to levy, assess, and collect taxes, as provided by law. Authorizes qualified municipal voters to adopt, amend, or repeal their municipal charter, as provided by general law. Prohibits a charter or ordinance adopted under a charter from being inconsistent with this constitution or with general law. Sec. 9.05. SPECIAL DISTRICTS AND AUTHORITIES. Requires the legislature, by general or local law, to provide for establishing, financing, consolidating, and abolishing special districts and authorities. Requires the legislature to define a special district's or authority's powers. Sec. 9.06. COMPENSATION OF OFFICIALS. Authorizes an elected official to receive compensation and per diem payments only in amounts provided by law or charter. Sec. 9.07. LOCAL DEBT. Prohibits a county, municipality, special district, authority, or other political subdivision (political subdivision) from issuing general obligation bonds, except refunding bonds, unless they are approved by a majority vote of qualified voters voting on the question . Provides that a debt may not be created by a political subdivision unless at that time a provision is made for paying the interest and principal of the debt when due. Sec. 9.08. INTERGOVERNMENTAL COOPERATION. Authorizes political subdivisions to agree and contract except as limited by law to share the costs and responsibilities of functions and services with any one or more other political subdivisions. Sec. 9.09. CONSOLIDATION OF OFFICES AND TRANSFER OF FUNCTIONS AMONG POLITICAL SUBDIVISIONS. Authorizes political subdivisions to be permitted by general or local law to consolidate offices, transfer functions of government, or modify or cancel a consolidation or transfer. Prohibits a transfer or consolidation from taking effect unless approved by a majority of the qualified voters voting on the question in each affected political subdivision; or, if county offices or functions are involved, unless approved by a majority of the qualified voters residing in unincorporated areas of the county. Prohibits a law from authorizing a consolidation or transfer among political subdivisions of more than one county. Authorizes general or local law to provide for the consolidation of the function of collection of taxes in a county. Provides that this section does not apply to the annexation of territory by a municipality or other political subdivision in accordance with applicable law. Sec. 9.10. LOCAL OPTION ON SALE OF ALCOHOLIC BEVERAGES. Requires the legislature to enact general laws whereby the qualified voters of any county, justice precinct, or municipality are authorized to determine whether the sale of intoxicating liquors for beverage purposes shall be prohibited or legalized within the prescribed limits. Requires such laws to contain provisions for voting on the sale of intoxicating liquors of various types. Requires laws prohibiting the sale or manufacture of intoxicating liquors to remain in effect unless a majority of qualified voters in these areas voting in an election for such purpose determine it shall be lawful. Sec. 9.11. GOVERNMENTAL AND PROPRIETARY FUNCTIONS. Authorizes the legislature by general law to define for all purposes those functions of a political subdivision that are to be considered governmental and those that are proprietary. TEMPORARY TRANSITION PROVISIONS. (a) Effective date: September 1, 2001. (b) Continues any power directly granted by the Constitution of 1876 to a county, municipality, or special district. (c) Continues any term of office of each officer of a county, municipality, special district or authority, or other political subdivision when the term of office began as provided by law, or charter. ARTICLE 10. GENERAL PROVISIONS Sec. 10.01. SEAL OF THE STATE. Describes the seal of the state. Sec. 10.02. OFFICIAL OATH. Requires each state and local officer to take a specific oath before entering the duties of public office. Sets forth the oath of office. Sec. 10.03. RESIDENCE OF PUBLIC OFFICERS. Requires each state and local officer to reside within the state, reside within a political subdivision if applicable, and vacate the office if the officer does not comply with these residency requirements. Sec. 10.04. CONTINUATION IN OFFICE. Requires each state and local officer to continue performing the duties of office until a successor is qualified for office. Sec. 10.05. VACANCY IN OFFICE. Requires the governor to appoint a person to fill a vacancy with the advice and consent of the senate or as provided in this constitution or by law. Sec. 10.06. DISQUALIFICATION, SUSPENSION, AND REMOVAL OF OFFICER; DISABILITY OF OFFICER. Authorizes the legislature by general law to establish the grounds and procedures for the disqualification, suspension, or removal of an officer for whom a mode of removal is not provided in this constitution and for the withholding of an officer's salary, and provide for the temporary or permanent filling of a vacancy or performance of the duties of an office following an officer's disqualification, suspension, or removal or disability. Requires the legislature to provide procedures for the temporary suspension and replacement, or for the permanent replacement, of an executive branch officer who becomes disabled or who otherwise becomes unable to discharge the duties of office. Sec. 10.07. TEXAS ETHICS COMMISSION. Establishes the Texas Ethics Commission (commission) as a state agency. Sets forth the membership, duties, and powers of the commission. Sets forth the length of the term of office and the criteria for filling a vacancy on the commission. Sec. 10.08. TEXAS SALARY COMMISSION. Establishes the Texas Salary Commission (TSC) as a state agency with nine members appointed by the governor, with the advise and consent of the senate. Sets forth the provisions for terms of office and for filling a vacancy. Prohibits a member from holding another office. Requires TSC to recommend the rate of compensation for judges and appointed officers of the executive branch, for judicial officers of the state district and appellate courts, and for members of the legislature in accordance with Section 3.09 of this constitution. Prohibits the compensation paid to an officer under this section from exceeding the amount recommended by TSC. Provides that the compensation paid is determined by law and is subject to limits established by general law or appropriation. Provides that an officer is not entitled to compensation at the rate recommended by TSC. Includes salary or a compensatory per diem, but not other benefits or reimbursement for expenses, in the definition of "compensation" under this section. Sec. 10.09. SEPARATE AND COMMUNITY PROPERTY OF SPOUSES. Defines "marriage" as the union of a man and a woman joined in a mutual social and legal dependence for the purpose of founding and maintaining a family, and "spouse" as one of the people united in marriage. Authorizes the legislature to enact laws consistent with this section that define the rights of spouses in relation to separate and community property. Provides that separate property is all property of a spouse owned or claimed before marriage, and that acquired afterward by gift, devise, or descent. Authorizes spouses or persons about to marry, to partition or exchange between themselves by written instrument, all or part of their property presently held or to be acquired and characterize any or all of it as separate property. Authorizes spouses to agree between themselves, by written instrument, that the income or property from all or part of the separate property then owned or thereafter acquired by only one of them is the separate property of that spouse. Establishes that if one spouse makes a gift of property to the other, the gift is presumed to include all the income or property that might arise from the gift. Authorizes spouses to agree in writing that, on the death of one spouse, all or part of the community property becomes the property of the surviving spouse. Sec. 10.10. HOMESTEAD. Establishes a homestead as the home of a family or single adult, including the place for conducting a business or occupation for urban homesteads. Provides that the rural homestead consists of not more than 200 acres of land in one or more parcels, with improvements, located outside a municipality. Limits residential homesteads to not more than the 50 acres on which the home is located. Provides that the portion that is not residential homestead is nonresidential homestead. Prohibits a rural homestead from being changed to an urban homestead without the claimant's consent, so long as the land is used for agricultural purposes. Provides that an urban homestead consists of land, with improvements, located in a municipality on any residential lot not to exceed one acre. Provides that an urban homestead is a residential homestead if used as a home and a nonresidential homestead if used as a place of business. Provides that a homestead is protected from forced sale, except to satisfy the following debts: all or part of the purchase money debt for the homestead; the taxes due on the homestead; an owelty or partition imposed against the property by court order or written agreement; a refinanced lien against the homestead; work and material used in constructing new improvements on the homestead; an extension of credit secured by a voluntary lien on the homestead. Also provides that agricultural homesteads are protected from forced sales, except for those agricultural homesteads dedicated to dairy production. Requires the legislature to provide by general law for the protection of citizens who are the beneficiaries of proceeds resulting from a debt incurred against their homesteads. Sets forth minimum requirements. Sec. 10.11. PROTECTION OF PERSONAL PROPERTY FROM FORCED SALE. Requires the legislature to provide for the protection from forced sale of certain personal property belonging to each adult and each head of a family. Sec. 10.12. PROTECTION OF WAGES FROM GARNISHMENT. Establishes that current wages are not subject to garnishment, except for the enforcement of court-ordered child support payments. Authorizes the legislature to provide for deductions from the salary of a public officer who neglects the performance of a duty assigned by law. Sec. 10.13. LIENS OF MECHANICS, ARTISANS, AND MATERIALMEN. Provides that mechanics, artisans, and materialmen have liens on the buildings or articles made, improved, or repaired by them. Establishes that a lien under this section is for the value of labor or material furnished. Requires the legislature to provide by general law for the efficient enforcement of liens. Sec. 10.14. BANKING. Prohibits a foreign corporation, other than a bank chartered by the United States, from exercising banking or discounting privileges in this state. Sec. 10.15. PENSION AND RETIREMENT SYSTEMS. Continues any pension or retirement system of this state, a political subdivision, or a state or local governmental agency existing on the effective date of this article, subject to the provisions of the Constitution of 1876, until changed by law. Prohibits the funds held under any such system from being used for any purpose inconsistent with that system. Sets forth that the amount contributed by a person participating in the Employees Retirement System of Texas or the Teacher Retirement System of Texas, or the successor of either, may not be less than 6 percent compensation. Sets forth that the amount contributed by the state may not be less than 6 percent compensation and not more than 10 percent of the aggregate compensation paid to individuals participating in the system. Authorizes the legislature, in an emergency as determined by the governor, to appropriate such additional sums as are actuarially determined to be required to fund benefits authorized by law. Sec. 10.16. GAMBLING. Prohibits lotteries and gift enterprises in this state, except for bingo and raffles, the proceeds of which are spent in Texas for charitable purposes, lotteries operated on the behalf of the state, or as otherwise approved by an affirmative vote of twothirds of the membership of each house of the legislature and a subsequent majority vote of the qualified voters in a referendum. Authorizes the legislature to regulate by general law lotteries and gift enterprises permitted under this section. Sec. 10.17. AMENDMENTS TO CONSTITUTION. Authorizes the legislature to propose amendments to this constitution by a record affirmative two-thirds vote of the membership of each house. Requires a proposed amendment to be submitted to the people on the date specified by the legislature, but not less than 90 days after the date the legislature proposes the amendment. Provides that a proposed amendment must be publicized in English and any other language prescribed by law. Requires the legislature to prescribe the procedure for publicizing proposed amendments. Establishes that a proposed amendment is adopted if approved by a majority of qualified voters voting on the question and becomes part of this constitution on the date the statewide returns of the election are canvassed. Sec. 10.18. CONSTITUTIONAL CONVENTION. Authorizes the legislature by a record affirmative two-thirds vote of the membership of each house to submit to the people the question of whether to call a constitutional convention, and authorizes the legislature to stipulate in the question the articles of the constitution that the convention may consider. Requires a constitutional convention to be called if approved by a majority of the qualified voters voting on the question. Requires the legislature, at the next legislative session following approval of a call, to provide for: the election of convention delegates and the filling of delegate vacancies; the convening of the convention on a date not later than three months after the election of delegates; the meeting place and duration of the convention; the pay, allowances, and expenses of delegates and officers; and for the other expenses of the convention. Provides that a public officer is not prohibited from serving as a delegate by any provision in this constitution. Authorizes the convention by a record affirmative two-thirds vote of the membership, in the case of an unlimited call, to propose any revision of or amendments to the constitution or, in the case of a limited call, to propose any revision of or amendments to the articles stipulated in the call. Requires the convention to determine the manner of submitting and publicizing its proposals and fix the date of the election. Provides that convention proposals must be publicized in English and in any other language specified by the convention. Provides that a revision or amendment proposed by the constitutional convention becomes effective as the convention provides if approved by a majority of the qualified voters voting on the question. TEMPORARY TRANSITION PROVISIONS. (a) Effective date: September 1, 2001. (b) Provides that the salaries of elected and appointed officers of the executive branch and the judicial branch remain unchanged, until the salary commission by legislative law determines a different compensation. (c) Continues to subject lotteries and gift enterprises to the restrictions of the Constitution of 1876 until regulated by general law in accordance with Section 10.16(b) of this constitution. (d) Continues any law in effect at the time this constitution becomes effective provided that it is not in conflict with this constitution, the Constitution of 1876, or the U.S. Constitution, until amended or repealed by the legislature. (e) Provides that this article does not affect the validity or enforceability of a lien against a homestead that was valid under the terms of Section 50 (Homestead; Extension of Credit Secured by Lien; Protection from Forced Sale; Mortgages, Trust Deeds and Liens), Article XVI, Constitution of 1876. SECTION 2. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held on November 2, 1999. Sets forth the required language for the ballot.