Senate Research Center   S.J.R. 1
76R2355 JSA-DBy: Ratliff
To Be Determined
As Filed


The current Texas Constitution of 1876 is outmoded.  An oversized, 90,000
word, and illogically arranged document has been the subject of many
discussions seeking to revamp the constitution. In 1917, both houses of the
legislature passed resolutions to convene a constitutional convention, but
then-Governor James Ferguson never issued the necessary proclamations
authorizing a convention. In 1973, the 63rd Legislature created the
Constitutional Revisions Commission comprising 37 public officials,
lawyers, scholars, and citizens, to assemble that same year and to submit
recommendations on the constitutional question to the legislature.
However, the recommendations were never passed by the subsequent
constitutional convention of the legislature in 1974, because the members
failed to garner the necessary votes for an approval; voters also rejected
the proposal in 1975.  

S.J.R. 1 employs many of the elements from the 1970s efforts, including
concepts, and an organizational outline arranged more logically and
numbered similarly to modern Texas codes, which facilitates expansion.  If
adopted by two thirds of both houses of the 76th Legislature, the proposal
would be placed before the voters for approval, in a single ballot
proposition, at the next general election on November 2, 1999.  If adopted
by the voters, the constitution would take effect September 1, 2001,
allowing the 77th Legislature to meet in regular session, consider, and
enact any necessary enabling legislation.  S.J.R. 1 would replace the Texas
Constitution of 1876 with a revised constitution. 


As proposed, S.J.R. 1 requires the submission to the voters of a
constitutional amendment to revise the Texas Constitution. 


Rulemaking authority is granted to the Supreme Court of Texas in SECTION 1
(Article 5, Texas Constitution) of this bill. 


SECTION 1.  Revises the Texas Constitution, as follows:



 Ordains and establishes this constitution.


Sec. 1.01.  FREEDOM AND SOVEREIGNTY OF STATE.  Provides that Texas, a state
free and independent, is subject only to the Constitution of the United

Sec. 1.02.  REPUBLICAN FORM OF GOVERNMENT.  Provides that the power of the
government resides with the people. 

 Sec. 1.03.  EQUAL RIGHTS.  Provides that all men have equal rights and
that no one is entitled to exclusive rights.   

Sec. 1.04.  EQUALITY UNDER THE LAW.  Prohibits the denial of equality, and
that this amendment is self-operative. 

Sec. 1.05.  RELIGIOUS TESTS.  Prohibits a religious test from being require
for public office. 

Sec. 1.06.  OATHS AND AFFIRMATIONS OF WITNESSES.  Prohibits a person from
being disqualified from giving testimony on the basis of religious belief,
but requires all oaths to be binding and subject to perjury. 

Sec. 1.07.  FREEDOM OF WORSHIP.  Affirms the right to worship Almighty God.
Prohibits anyone from being compelled to support religious activity.
Prohibits any human authority from hindering or preferring any religious
right of conscience.  Requires the legislature to protect without prejudice
peaceful worship.   

money or state property from being appropriated to any sect, religious
society, or theological or religious seminary.   

Sec. 1.09.  FREEDOM OF SPEECH AND PRESS.  Requires that a person to have
the freedom of speech and press.  Authorizes the press to employ a truthful
defense against prosecutions regarding public matters; authorizes a lawful
jury the right to determine what is the truth and the law.   

Sec. 1.10.  SEARCHES AND SEIZURES.  Requires the people to be secure from
unlawful seizure or searches absent supporting testimony. 

Sec. 1.11.  RIGHTS OF ACCUSED.  Requires an accused person to have the
right to a speedy criminal trial; an impartial jury; criminal charge; his
own testimony; counsel; confront his accuser; witness testimony;
deposition, except for out-of-state residents; forthcoming criminal
legislation; and from self-incrimination.  Requires a person held for a
charge to have an indictment from a grand jury, except for fines and
certain criminal and military situations. 

Sec. 1.12.  BAIL.  Requires all prisoners to be able to secure bail, except
in certain capital offenses. 

Sec. 1.13.  MULTIPLE CONVICTIONS; DENIAL OF BAIL.  Authorizes a state
district judge to deny bail within a certain number of days of
incarceration to a person charged with certain capital offenses and other
violent felonies such as sexual offenses, unless there is neither a trial
or an affirmed appeal.  Defines "violent offense" and "sexual offense." 

Sec. 1.14.  HABEAS CORPUS.  Provides that a writ of habeas corpus is a
right and shall never be suspended.  Requires the legislature to enact laws
to render a speedy remedy. 

BY DUE COURSE OF LAW.  Prohibits excessive bail, excessive fine, cruel and
unusual punishment from being required.  Requires all courts to be open and
every person to have remedy by due course of law. 

Sec. 1.16.  DOUBLE JEOPARDY.  Affirms protection for a person from multiple
punishments for the same offense.   

Sec. 1.17.  RIGHT OF TRIAL BY JURY.  Requires trial by jury to be a
constant, unimpaired, pure, and efficient right.  Provides that the right
is regulated by the legislature, especially in certain cases of mentally
ill patients.   
Sec. 1.18.  COMMITMENT OF PERSONS OF UNSOUND MIND.  Prohibits a person from
being committed or tried as a person of unsound mind, except as determined
by the legislature on the testimony of a medical doctor or psychiatrist.
Sets forth provisions regarding laws to provide for persons of unsound

CONTRACTS.  Prohibits a bill of attainder, an ex post facto law, a
retroactive law, or an impairment to contractual obligations from being

of eminent domain without adequate compensation, requires compensation to
be given without privilege to any one individual.   
 Sec. 1.21.  IMPRISONMENT FOR DEBT.  Prohibits a person from being
imprisoned for debt. 

Sec. 1.22.  DUE COURSE OF LAW.  Requires only the due course of law to
deprive a person of life, liberty, property, privileges, or immunities. 

Sec. 1.23.  OUTLAWRY OR TRANSPORTATION FOR OFFENSE.  Prohibits a citizen
from being outlawed or extracted from this state to another state.
Provides that this section does not prohibit interstate extradition of

SUICIDE.  Prohibits a conviction from working corruption or forfeiture of
estate, and estate of suicide shall descend as in the case of natural

Sec. 1.25.  TREASON.  Requires treason to consist only in levying war
against the state, with the testimony of two witnesses, or confession in
open court. 

Sec. 1.26.  RIGHT TO KEEP AND BEAR ARMS.  Requires a person to keep and
bear arms to defend himself or the state.  Empowers the legislature to
regulate the wearing of arms with a view to prevent crime.   

Sec. 1.27.  MILITARY SUBORDINATE TO CIVIL AUTHORITY.  Requires the military
to be subordinate to civil authority. 

Sec. 1.28.  QUARTERING SOLDIERS IN HOUSES.  Requires a soldier to obtain
the consent of a citizen if residing in his house, even during war, unless
prescribed by law. 

Provides that perpetuities and monopolies are contrary to the genius of
free government, and are prohibited, nor shall the law of primogeniture or
entailments be in force in the state. 

citizens to have the right to assemble peacefully in order to petition,
address, or remonstrance to a public official their grievance or other

Sec. 1.31.  SUSPENSION OF LAWS.  Authorizes only the legislature to
exercise the suspension of law in this state. 

Sec. 1.32.  BILL OF RIGHTS INVIOLATE.  Removes and voids any power or law
that attempts to nullify this "Bill of Rights." 

Sec. 1.33.  RIGHTS OF CRIME VICTIMS.  Sets forth the rights of a crime
victim and the rights that can be requested by a crime victim.  Authorizes
the legislature to define "victim" and to enforce laws regarding all rights
of a crime victim.  Authorizes the state to enforce  rights of crime
victims through its prosecuting attorney.  Authorizes the legislature to
enact laws exonerating various officers of the court and law enforcement
agencies from the failure or inability to provide a right or service
enumerated in this section.  Prohibits a defendant from appealing his
criminal case on the grounds that a person failed to provide a right or
service enumerated in this section.   Provides that a victim has a standing
to a right enumerated in this section but does not have a standing 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.  Establishes that there
are two funds for victims of crime, the compensation to victims of crime
fund and the compensation to victims of crime auxiliary fund.  Provides
that the funds are dedicated as separate accounts in the general revenue
fund and cannot be expended for any reason other than victim-related
services, unless the legislature authorizes the funds to assist victims of
mass violence when the appropriation for emergency assistance is depleted.

TEMPORARY TRANSITION PROVISION.  Effective date of this article: September
1, 2001. 


Sec. 2.01.  LIMITATION OF POWERS.  Provides that the enumeration 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 U.S. Constitution. 

Sec. 2.02.  SEPARATION OF POWERS.  Divides the power of government into
exclusive appropriations of power residing in three branches of government
called legislative, executive, and judicial. 
 TEMPORARY TRANSITION PROVISION.  Effective date of this article: September
1, 2001. 


Sec. 3.01.  LEGISLATIVE POWER.  Vests the legislative power of the state
with a senate and a house of representatives, composing "The Legislature of
the State of Texas." 

Sec. 3.02.  COMPOSITION.  Provides that the Senate comprises 31 members,
and the house of representatives comprises 150 members.   

Sec. 3.03.  QUALIFICATIONS OF MEMBERS.  Sets forth the eligibility
qualifications of the senate and house of representatives.  Authorizes a
resident of a new district to run for office in the legislature given that
the person was eligible in the old district and other conditions. 

Sec. 3.04.  ELIGIBILITY TO HOLD OTHER OFFICES.  Prohibits a member of the
legislature from holding any other state, U.S., or foreign government
office or position of profit, except as a member of the National Guard,
National Guard Reserve, U.S. armed forces reserves, a notary public, or a
retired member of the U.S. armed forces.  Authorizes a member of the
legislature to serve on a multimember governmental body exercising
executive powers if the by-laws of the body expressly authorizes
legislative membership. Prohibits a legislator from receiving additional
compensation for that service. 

 Sec. 3.05.  TERM LIMITS.  Sets forth term limits for senators and house

house alone judges the qualifications and election of its own members, but
contested elections are determined by law. 

 Sec. 3.07.  ELECTION AND TERMS OF OFFICE.  Provides that senators and
representatives are elected by the qualified voters of their respective
districts at a statewide general election.  Provides that a senate term is
six years and a representative term is four years, except following
statewide redistricting when the members of the senate shall select by lot
15 senators for four years or house members shall select by lot 75
representatives for two years.  Provides that the qualified voters elect a
new senate and house of representatives after each statewide redistricting,
respectively.  Fills a vacancy in the senate or house of representation
with a special election which is prescribed law.  Begins a term of office
for a member of the legislature on the prescribed date for convening the
regular legislative session.   

Sec. 3.08.  REDISTRICTING.  Requires the legislature, by the first August
15 following publication of the federal decennial census, to divide the
state into single-member districts for senate, representative, and
congressional representation.  Provides that this subsection does not
prohibit the legislature from altering those divisions at any other time,
except as provided by Subsection (a) of this section.  Requires the
districts to be compact and contiguous, consisting of equal populations.
Prohibits a county from being divided among senatorial, representative, or
congressional districts, except as necessary to prevent unlawful population
variances.  Requires the legislature to consider redistricting an area if
an authorized court invalidates or restructures a redistricting plan.  Sets
forth time frames and manner, including a special session and a five-member
joint judicial and executive redistricting board, for offering a new
redistricting plan, and provides for the continuity of a legislative
session in the event of a contested redistricted plan.   

Sec. 3.09.  COMPENSATION.  Requires the Texas Salary Commission to set
salary and other allowances of the members of the legislature as provided
by Article 10, Texas Constitution, except the salary of the speaker of the
house of representatives, whose pay is equal to not less than 90 percent of
the salary of the governor and who may not engage in any other full-time,
salaried employment.   

Sec. 3.10.  SESSIONS.  Requires the legislature to convene a regular
session in oddnumbered years that may not exceed 140 consecutive days.
Prohibits a special session from exceeding 30 consecutive days and a veto
session from exceeding 15 consecutive days. Requires each session to be
open to the public and meet at the seat of government unless otherwise
prescribed by law.  Authorizes the legislature to convene for a veto
session 50 days following a regular session by presentation of petition of
three-fifths of the legislature's membership to consider certain bills,
resolutions, or appropriation items.  Authorizes concurrent meetings of a
special session, veto session, and of impeachment, but does not extend a
time limit for the concurrence of meetings.   
Sec. 3.11.  ORGANIZATION AND PROCEDURE.  Authorizes both houses of the
legislature to determine by a majority vote their own rules and joint
rules, all of which remain in effect until amended or repealed.  Authorizes
the legislature to organize into an assembly, operating under adopted
rules, within 45 days of a regular session, composed of members from the
upcoming legislature.  Requires the senate at the onset of an assembly to
elect with no fewer than 16 votes a president pro tempore, who conducts
duties of the president in the president's absence or disability, convenes
the committee of the whole to elect with no fewer than 16 votes a new
president from its membership when a presidential vacancy occurs and to
repeat this process if there is another vacancy until a regular election
occurs, and performs the presidential duties until the lieutenant
governorship resumes. Requires the secretary of state to convene the house
of representative to organize and elect a speaker.  Requires the
affirmative vote of at least 76 house members to elect a speaker.
Authorizes term limits by rule or law on a speaker.  Requires all elections
held by either house of the legislature to be a public vote recorded in the
journal.  Provides that a quorum is two-thirds of the membership of each
house.  Authorizes fewer members than a quorum to recess, adjourn day to
day, and compel absent members to attend.  Requires each house to prepare
and publish a journal of its proceedings and any three present members may
record in the journal the votes on any question.  Authorizes each house
while in session to reprimand or punish a member for various reasons, or to
expel a member by two-thirds vote, but not a second time for the same
Sec. 3.12.  LEGISLATIVE IMMUNITY.  Prohibits members from being questioned
for speech or actions in any other place during a legislative proceeding or
the performance of their official legislative duties. 

Sec. 3.13.  CONFLICT OF INTEREST.  Requires a member to disclose private
financial interests and recuse themselves from voting on the matter in
which the member has a private pecuniary interest.  Prohibits a member from
having a direct or indirect interest in any contract with the state, or
with a country, that was authorized by law passed during the term for which
the member was elected.  Prohibits a member from dealing with any unit of
state government for compensation or sharing in any fee paid to a person
for dealing with government other than the emoluments of office. 

Sec. 3.14.  ENACTING CLAUSE OF LAW.  Requires the enacting clause to be "Be
it enacted by the Legislature of the State of Texas." 

Sec. 3.15.  BILLS AND RESOLUTIONS.  Establishes that a law is enacted only
by bill. Authorizes a bill to originate in either house, except for a bill
raising revenue, which must originate in the house of representatives.
Authorizes a house to amend or rejected a bill after engrossment.
Prohibits either a house from amending a bill from its original purpose.
Requires a bill to contain only one subject which must be obvious in the
bill's title.  Requires a general appropriations bill to limit itself to
one appropriation subject.  Requires a bill, amendatory in form to set out
the complete units as amended.  Requires a house, before hearing a bill, to
refer the bill to a committee, and to report a bill to committee at least
five days prior to the session's adjournment;  however, four-fifths of the
membership may suspend the reporting requirement.  Requires any bill prior
to becoming law to be read on three separate days in both houses, however,
four-fifths of the membership may suspend the reading requirement.
Prohibits a bill or resolution's substance to be re-considered during the
same session if that bill or resolution is defeated in either house.
Requires each house's presiding officer to be present in order to certify
final passage of a bill or any concurring resolution.  Requires the fact of
certificate to be recorded in the journal.  Prohibits a law from becoming
effective earlier than the 90th day after session adjournment; however,
two-thirds of each house may suspend the prohibition.  Provides that only
the legislature may determine compliance with this section, and any law or
resolution may not be voided on the basis of insufficiency under this
section or the 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, including certain provisions to create districts and
authorities, regulate outdoor sporting, create courts, create juvenile
boards, grant tax releases, consolidate governmental offices, and regulate
livestock or fences. Requires public notice to be given in the event a
local law is passed. 

Sec. 3.17.  IMPEACHMENT.  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 a lieutenant governor acts as governor when the governor is
suspended, at which time the senate's president pro tempore acts as
lieutenant governor. Authorizes the governor to temporarily appoint an
individual to perform the duties of office in 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 are 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 to extend beyond the
removal from office, disqualification from office, or profit of this state.
Subjects an impeached officer to punishment by law. 

Sec. 3.18.  ADVICE AND CONSENT OF SENATE.  Requires a two-thirds vote to
consent  to any constitutional or general law appointment.  Authorizes the
legislature to regulate appointments made when the senate is not in

TEMPORARY TRANSITION PROVISIONS.  (a)  Effective date of this article:
September 1, 2001. 

(b)  Establishes that a member's legislative powers are still valid under
Section 3.04 of this constitution.   
(c)  Establishes that Section 3.05 term limits apply only to the years of
service beginning after the effective date of this article. 

(d)  Establishes that member are 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
after enactment of this article. 

(g)  Establishes that Section 3.08 redistricting 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 Section18, 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)  Authorizes Section 12, Article IV, Constitution of 1876 appointments
by the governor to govern until the legislature provides otherwise. 

(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. 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.   


Sec. 4.01.  EXECUTIVE POWER.  Vests the executive power of the state with
the executive branch comprising 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.  

Sec. 4.03.  EXECUTIVE BRANCH ELECTIVE OFFICERS.  Establishes that 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 executive department while
under the governance of appointed officers. 
Sec. 4.05.  SELECTION AND TERM OF OFFICERS.  Establishes that the qualified
voters elect for a four-year term separately the governor, lieutenant
governor, comptroller, and attorney general.    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

Sec. 4.06.  GOVERNOR'S ELIGIBILITY AND INSTALLATION.  Sets forth candidacy
requirements  for the governor, including age, residency, term limit.
Requires the legislature to appropriate money to assist a governor-elect.
Entitles the governor-elect to receive any information to incumbent
governor is entitled tor 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

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.  Establishes that
the lieutenant governor acts as governor while 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 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

Sec. 4.08.  ACTION ON BILLS AND RESOLUTIONS.  Requires the governor to
receive all bills passed by the legislature.  Requires the governor to
approve a bill with his signature, which then becomes law and is filed with
the secretary of state.  Requires the governor to veto a bill by returning
it with objection to the originating house.  Requires each house to enter
the objections in their journal if applicable.  Requires a two-thirds vote
by the legislature to pass over the veto, when it then becomes law and is
filed with the secretary of the state.  Requires a bill to become law if
the governor does not approve or veto a presented bill within 10 days
excluding Sundays, and to be filed with the secretary of state.  Requires a
bill not presented to the governor when the legislature adjourns to become
a law automatically, unless the governor vetoes the bill, after which that
legislature may still meet in veto session.  Authorizes the governor to
veto any appropriation item on a bill; however the remainder of the bill
still becomes law, while the vetoed appropriation items and any
accompanying objections return to the originating house for consideration.
Authorizes the governor to receive any concurring resolution not regarding
certain constitutional questions, calls for removal, and legislative

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 federal service. 

Requires the governor to faithfully execute the laws and conduct all
business of the state with other states, the United States, and foreign

governor to call the legislature into special session to consider only
matters specified by the governor. 

Sec. 4.12.  GOVERNOR'S AUTHORITY BEFORE COURTS.  Authorizes the governor to
take legal action on behalf of the state, notwithstanding the attorney
general's constitutional authority. 

Sec. 4.13.  ADMINISTRATIVE REORGANIZATION.  Authorizes the governor to
propose  to the legislature a plan to reorganize, consolidate, or abolish
any executive branch agency, other than agencies established by this
constitution or agencies led by a constitutional elected officer.
Authorizes either house within 60 days to reject the plan with a
resolution, otherwise the plan becomes effective. 

FORFEITURES.  Authorizes the governor to grant reprieves, commutations,
pardons, and remission of fines and forfeitures.   

Sec. 4.15.  LIEUTENANT GOVERNOR.  Requires the qualifications for a person
to serve as lieutenant governor, to be the same as for the governor.
Establishes that the lieutenant governor is president of the senate, shall
vote only to break ties, and may debate and vote on all questions before
the 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
shall perform all duties prescribed by the constitution and law. 

Sec. 4.17.  ATTORNEY GENERAL.  Provides that the attorney general is the
executive officer of the department of justice, represents the state in all
civil suits, has all powers from 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.  Provides 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 state to perform all
duties prescribed by the constitution and law.  Requires the secretary to
keep the state seal and to use the seal 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. 

to compensate the governor and other executive branch constitutional
officers, 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 and compensation. 

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.   

that an executive office vacancy is filled for the remaining term by a
governor's appointment that is confirmed by the senate, excepted as
provided by this constitution.   

TEMPORARY TRANSITION PROVISIONS.  (a)  Effective date of this article:
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 Section 4.13 reorganization plan
and appoint member 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 until a member of the cabinet begins to receive compensation. 

(e)  Establishes that the person serving as general land commissioner and
commissioner of agriculture continue their lawful duties until their term
expires.  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 Constitution of 1876 provision that requires the
executive offices to reside at the seat of government, until otherwise
provided by law. 


Sec. 5.01.  JUDICIAL POWER.  Vests the judicial power of the state with the
judicial branch comprising the supreme court, courts of appeals, district
courts, and other courts provided by law.  Requires the legislature to
establish the jurisdiction of the courts, subject to this constitution,
which are uniform statewide.   

Sec. 5.02.  SUPREME COURT.  Provides that the Supreme Court of Texas
(supreme court) consists of a chief justice, 14 justices, and such other
officials provided by law.  Provides that seven justices compose the civil
division, another seven compose the criminal division, and each division
has a presiding justice.  Provides that seven members of each division
constitute a quorum and decide the necessary concurrence for a decision in
a case.  Authorizes a division to sit en banc, hear arguments, and consider
petitions.  Authorizes the chief justice to sit in either or both
divisions, as provided by rule.  Authorizes the supreme court to determine,
by rule, how conflicts between divisions are resolved and under what
circumstance the chief justice may call the full court to sit en banc.
Sets forth qualifications for serving as both a justice and chief justice.

Sec. 5.03.  JURISDICTION OF SUPREME COURT.  Provides that the supreme court
is the highest court of the state and shall exercise coextensively judicial
power for the state, make final determinations, and extend final appeal to
all cases, unless provided by law.  Requires death penalty cases to appeal
directly to the supreme court.  Authorizes the supreme court to review a
decision of a court of appeals, as provided by motion and law.  Requires
all other cases to  appeal to the courts of appeals.  Authorizes the
supreme court to issue writs of habeas corpus, mandamus, procedendo,
certiorari, and other writs, and to retain sole discretion over all writs
of quo warranto and mandamus, except against the governor, if the
legislature grants the jurisdiction.  Authorizes the supreme court to
ascertain matters of fact, and answer questions of state law from federal
appellate courts.  Authorizes the legislature to provide a direct appeal to
the supreme court regarding constitutionality or validity of an
interlocutory or a permanent injunction, a statute, or an administrative
order.  Authorizes the supreme court to sit at any time during the year
anywhere in the state, and shall begin its terms with the start of the
calendar year.  Authorizes the supreme court to establish various
procedures, by rule, to administer justice in the courts, notwithstanding
limitations by law.   

Sec. 5.04.  COURTS OF APPEALS.  Requires the legislature to establish, by
law, one or more districts and to provide for each district a court of
appeals consisting of a chief judge and two or more other judges.
Authorizes the court of appeals to sit in sections and to decide cases by
majority of the section, if authorized by law.   

Sec. 5.05.  DISTRICT COURTS.  Requires the legislature to divide the state
into discrete nonoverlapping, geographic judicial districts that are no
smaller than an entire county, to provide one or more judges per district
court to create a district, in the event of a multi-county district with
compact and contiguous counties, and to determine the number and location
for each district. Establishes that a district court has original
jurisdiction over all actions and matters not exclusive to another court.   

Sec. 5.06.  COUNTY AND JUSTICE COURTS.  Provides that there is a county
court  for every county in the state with legal jurisdiction, and a county
judge to head the court with judicial functions, who is elected for four
years.  Requires the county governing body to divide the county into
precincts and to provide at least one justice for each precinct.  Provides
that the justice is elected for four years.  Provides that the county
governing body appoints a replacement in the event of a vacancy.   

Sec. 5.07.  MUNICIPAL COURTS.  Authorizes a municipal governing body to
charter municipal courts with a municipal court judge. 

Sec. 5.08.  JUDICIAL QUALIFICATIONS.  Sets forth qualifications for an
appeals court judge, a district court judge, a county judge, and justice of
the peace.  Authorizes the legislature to establish further qualifications
for these judges and other judges. 

Sec. 5.09.  JUDICIAL SELECTION AND TERMS.  Requires the governor to
appoint, with the senate's advice and consent, judges on the supreme court,
court of appeals, and district courts.  Requires the governor to appoint
five supreme court justices each two years.  Authorizes the legislature to
create a nominating committee, to establish criteria for appointing a
person to a judgeship, and to require appointment of a nominee from a
nominating authority.  Establishes that the term of office for any justice
or appeals court judge is six years, while the district judge serves for
four years.  Requires the governor to fill, with the advice and consent of
the senate, the remaining vacant term in the supreme court or appeals
court.  Requires a retention election at the expiration of each term of
office of each justice, appeals court judge, or district court consisting
of a statewide ballot market with "yes" or "no" on the proposition of an
additional term for the judge.  Requires a majority of the cast ballots to
retain or remove the appointed judge.  Requires the governor to fill any
subsequent vacancy via appointment.  Authorizes the legislature to cap the
acceptable service age for the supreme court, appellate court, or district

Sec. 5.10.  REMOVAL AND DISCIPLINE OF JUDGES.  Requires the removal of a
supreme court justice or chief justice by the governor if two-thirds of the
legislature vote to remove the justice for reasonable causes.  Provides
that the legislature shall establish a commission on judicial conduct and
may discipline any justice, justice of the peace, or court master.   

Sec. 5.11.  REMOVAL OF COUNTY OFFICERS.  Authorizes a petition of certain
local attorneys to request the removal of any county officer for
incompetency, misconduct, drunkenness, or other causes defined by law.
Provides that the officer in question has the right to a trial by jury. 
Sec. 5.12.  CLERKS.  Requires the appointment of a clerk by the supreme
court, appeals court, district court, and other courts to a term of six
years for the former court and four years for the latter two courts,
subject to removal and other election provisions applicable under state law
regarding local elections. 

Sec. 5.13.  JURIES.  Sets forth the number of jury members for a grand
jury, and for civil and criminal cases, and the necessary number for
deciding a verdict, and the right of a party to a civil trial by jury.
Prohibits a jury from being impaneled in any cause until a jury fee is paid
if required by law. Authorizes the legislature to adjust juries and the
number required to reach a verdict, to provide qualifications for serving
as a grand juror or a trial juror, and to expand the sentencing options
available to jurors.   

Sec. 5.14.  APPEAL OF ACCUSED.  Establishes that a convicted criminal has a
right to an appeal.  Provides that the supreme court has discretion over
hearing criminal cases, unless otherwise provided by law. 

Sec. 5.15.  STATE'S RIGHT TO APPEAL IN CRIMINAL CASES.  Provides that the
state is entitled to appeal a criminal case. 

Sec. 5.16.  SUSPENSION OF SENTENCE AND PROBATION.  Authorizes a court to
suspend sentence, place a defendant on probation, or reimpose sentence, if
the court has original jurisdiction in the criminal case. 

TEMPORARY TRANSITION PROVISIONS.  (a)  Effective date of this article:
September 1, 1999. 

(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 finish out their terms when this
article is passed, but must serve on their respective division of the new
supreme court.  Requires the current justices to becomes the presiding
justice of their division. Requires the justices to be subject to retention
elections at the conclusion of their term.  Requires the governor to fill
vacant positions on the supreme court in the manner set forth in Section
5.09, but only after less than seven members of one of the supreme court
divisions remain.  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 appointment to take effect after the current round of terms
expire, and may be subject by legislative action to retention by election
if the term expires on the effective date of this article.   

(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 office members of the State Judicial Qualifications
Commission continue their service on the passage of this article, and exist
pursuant to Section 1-a, 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. 


 Sec. 6.01.  QUALIFICATIONS FOR VOTING.  Sets forth the qualifications for
a qualified voter.  

Sec. 6.02.  ELECTIONS.  Requires all elections to be by secret ballot.
Requires the legislature to provide for the administration and conduct, and
integrity of elections, including residence, registration, and early voting

 TEMPORARY TRANSITION PROVISION.  Effective date of this article: September
1, 1999. 


legislature to establish and make suitable provision for the support and
maintenance of an efficient system of public free schools.  Sets forth
requirements for an efficient and suitable state school system.  
legislature to establish or perform otherwise to provide for community
colleges and other schools. 

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 Subsection (d) or (e) provisions.  Authorizes PSF lands to be 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 PSF.
Authorizes PSF proceeds to support only the state's public free schools.
Authorizes the legislature 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 recovery of money to be expended as a result of
the bond guarantees.  Provides that the State Board of Education shall
manage the PSF and may 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 a
state higher education system, including institutions of higher education,
university systems, university components, community colleges, and other

Sec. 7.06.  PERMANENT UNIVERSITY FUND.  Establishes the permanent
university fund (PUF) for the purpose of creating and maintaining
world-class research universities in the state. Sets forth the property to
support PUF.  Holds PUF in perpetual trust for the people of the state, and
for the use and benefit by the University of Texas at Austin (UTA), Texas
A&M University at College Station (TAMUCS), and Prairie View A&M University
(PVAMU).  Prohibits the principal form being spent.  Authorizes the board
of regents of the University of Texas System (UT board) to trade and
reasonably invest PUF.  Sets forth the composition of the available
university fund.  Requires the various universities to receive their
apportioned amount from the available university fund.  Authorizes the UT
board and the board of regents of the Texas A&M University System to pledge
their respective shares of the PUF to secure indebtedness for capital
improvement projects and refunding other indebtedness in this section.
Requires the indebtedness to benefit the institutions described by
Subsection (b). 

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 not UTA, TAMUCS, PVAMU, or a junior college. Authorizes
certain institutions to issue indebtedness, but 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 not enough to
impair an obligation under debt.  Permits the legislature from regulating
indebtedness.  Prohibits expending the funds in the section for student
housing, intercollegiate athletics, or auxiliary enterprises.  Authorizes
the legislature to establish a fund for Subsection (a) purposes which
requires a two-thirds vote by each house to  spend the principal.  Sets
forth other spending provisions.  Requires this fund to cease after it
reaches a fund balance of $2 billion.  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 of this article:
September 1, 1999. 

(b)  Provides that all Section 3-b, Article VII, Constitution of 1876
powers to school districts and junior college districts continue until
otherwise provided by law. 

(c)  Provides that no obligation of a bond or note is impaired by this
article and the legislature may implement law for this provision. 

(d)  Transfers the money in the higher education fund by way of Section
17(i), 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. 


Sec. 8.01.  STATE TAXATION.  Authorizes the levy and collection of state
taxes but only through general law.  Prohibits a state ad valorem tax on
real property, unless the legislature levies that tax to support public
free schools. 
Sec. 8.02.  AD VALOREM TAXATION.  Requires a tax authority to tax equally
real property in accordance to its market value.  Prohibits a political
subdivision from imposing an ad valorem tax not approved by the
subdivision's voters. 

legislature to provide for ad valorem appraisal standards and to include
certain criteria. Authorizes a taxing authority to seek countywide
enforcement for levying an ad valorem tax on property.  Requires the
legislature to provide a single ad valorem appraisal for each county.
Authorizes the legislature to impose an outside county appraisal authority
given certain qualifications.  Authorizes the legislature to provide each
county an appraisal board which meets certain qualifications.  Requires the
taxing authority to maintain the cost of an appraisal board.  Requires the
legislature to provide for the implementation of this section as necessary.

appraisal of railroad rolling stock in gross according to the proportion of
the length of the railroad bed. 

legislature to provide exemptions to ad valorem taxation.  

statewide ad valorem homestead exemption of $3,000 for married couples plus
$15,000 against elementary and secondary public schools for any adult.
Authorizes the legislature to void any part of the exemption against a
taxing authority that is not the principal school district providing
elementary and secondary education.  Creates a statewide ad valorem
homestead exemption of the complete value of the real property for a person
above 65 years of age, and other circumstances regarding age.  Authorizes
taxes regarding this subsection to increase in proportion to the market
value increase on property.  Authorizes the legislature to define
"residence homestead."  

Provides that the legislature shall provide for the ad valorem taxation of
certain  open-space lands, and may provide eligibility requirements for
taxation.  Defines "agricultural use."  Authorizes the legislature to
provide eligibility limitations and impose sanctions in furtherance of this

Sec. 8.08.  OTHER AD VALOREM TAX EXEMPTIONS.  Exempts from ad valorem taxes
certain public property, household goods and personal effects, farm
products, and implements of husbandry. 

valorem taxation certain tangible personal property. Sets forth
requirements for a tangible personal property.  Provides that all
non-exempt personal property qualifies for taxation by a taxing authority
directive before January 1, 1990, unless the authority exempts the
property, in which case the property may not be taxed again.   

legislature to provide for the sale of land or other property for
delinquent ad valorem taxes.   

Sec. 8.11.  PERSONAL INCOME TAX.  Prohibits a statewide tax on the net
incomes of natural persons, unless approved by a statewide referendum on
the question, and taxing conditions may not be changed unless approved by a

Sec. 8.12.  PUBLIC FUNDS.  Requires a public fund and public credit to be
used for public purposes.  Prohibits the legislature from granting public
funds to a political subdivision except for a governmental purpose or as
authorized in this constitution.  Prohibits the use of public funds to
influence an election of public offices. 

FUELS AND LUBRICANTS.  Requires the express use of taxes on motor vehicles
on certain items.  Sets forth the items on which a motor tax may be
expended.  Requires the use of federal transportation and highway
construction for only Subsection (a) purposes. Prohibits state debt from
being incurred except in certain cases. 

Sec. 8.14.  STATE DEBT.  Defines "state debt."    Prohibits the state debt
from being incurred except in certain cases.  Authorizes the legislature to
incur state debt by submitting a joint resolution passed by two-thirds of
each house membership to the majority approval of voters. Requires all
elections and propositions to conform to Subsection (d) and (e)
requirements. Authorizes the legislature to call an election under
Subsection (c) during any regular session or on a special session called by
the governor, but must conform to all manners prescribed by law and other
statewide elections.  Requires the debt to set forth in a proposition, the
amount, purpose, and source for the payment of debt, and to not renew or
surpass the given amount unless the proposition clearly provides for the
change or meets Subsection (g) provisions. Authorizes the legislature to
enact laws supported by Subsection (c) propositions.  Provides that state
debt may be refunded with the conditions provided by law and cannot be
contested unless authorized by the attorney general. 

Sec. 8.15.  LIMIT ON STATE DEBT.  Prohibits any annual debt serviced out of
general revenue from exceeding five percent of the average of general
revenue fund revenues, excluding certain constitutional payments, from the
three preceding fiscal years.  Defines "state debt payable from the general
revenue fund."   

Sec. 8.16.  APPROPRIATIONS.  Authorizes all money received or collected by
the state, including proceeds from a judgment, to be spent only as provided
by appropriation.  Provides that this subsection does not apply to money
received in trust by law for a specific beneficiary. Requires an
appropriation to be made in law, specifically for a lawful purpose, and for
no more than two years.  Requires the comptroller to submit a report to the
governor when the legislature convenes a regular or special session.  Sets
forth criteria for the comptroller's reports.  Requires the comptroller to
certify that an appropriation bill does not exceed estimated revenues, does
respond to a public necessity, and did pass with a four-fifths vote of each
house's membership. Requires the comptroller 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 an appropriation's
biennial rate of growth from state tax revenues from exceeding the
anticipated rate of growth of the state's economy, unless the legislature
resolves to find an emergency exists.  Requires these appropriations to
have procedures, by law, to implement this subsection, and may not exceed
an emergency amount, and are subject to Section 8.16 of this constitution.

Sec. 8.18.  BUDGET EXECUTION.  Authorizes the legislature to direct the
governor to exercise fiscal control over the expenditure of appropriated
money.  Authorizes the legislature to authorize, by rider or statute, any
state officer or agency to make an expenditure or emergency transfer of
appropriated money, subject to certain conditions.   

Sec. 8.19.  LIMITS ON CERTAIN APPROPRIATIONS.  Prohibits an appropriation
to needy children and their caretakers from exceeding one percent of the
state's biennium budget. Requires the legislature to provide the means to
determine the state budget to be used in establishing the biennial limit.
Authorizes the legislature to establish limitations, restrictions, and
enact laws to bring Subsection (a) into conformity with federal law that
provides federal matching money. 

Sec. 8.20.  TEXAS GROWTH FUND.  Creates the Texas growth fund as a trust
fund that invests in certain start-up businesses or applied research.
Authorizes an investing fund or system of the state to invest up to one
percent of the book value of the fund in the Texas growth fund, given
certain provisions are met.  Sets forth criteria that require the
legislature to provide and establish the Texas growth fund. 

TEMPORARY TRANSITION PROVISIONS.  (a)  Effective date of this article:
September 1, 1999. 

(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 remain in effect. 


Sec. 9.01.  COUNTIES.  Provides that the counties of this state are those
that exist on the date of 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. 

Sec. 9.02.  POWERS OF COUNTY GOVERNMENT.  Provides that only the powers
granted under this constitution and by law does a county possess. 

Sec. 9.03.  COUNTY OFFICERS.  Establishes that the governing body of the
county is the county commission consisting of the county judge and four
county commissioners.  Provides that the county voters elect each county
commissioner from a separate and compact precinct, a sheriff, a treasurer,
a tax assessor-collector, and a requisite number of county attorneys,
district attorneys, and criminal district attorneys.  Authorizes the
legislature to provide for other county officers.  Establishes that the
district attorney and the county attorney as provided by law, represent the
state in all criminal matters below the level of court of appeals, other
than municipal courts and justice courts, and perform other duties as
prescribed by law.  Authorizes the county commission to provide for the
election of one or more constables.  Establishes that county officers are
subject to all the procedures for disqualification, suspension, and removal
from office as provided by this constitution or general law.  Requires a
county attorney, district attorney, or criminal district attorney to be
licensed to practice law in this state.  Provides that the county clerk is
the county recorder and clerk of county commission.  Authorizes the voters
of a county by majority vote to reorganize county offices, as provided by
law and ensured by the county commission.  Fills county office vacancies in
the manner provided by law.   

legislature to provide, by law, charters for municipalities, including
general-law and home-rule, which are classified according to population.
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 amend their municipal charter, as provided by law.   

Sec. 9.05.  SPECIAL DISTRICTS AND AUTHORITIES.  Requires the legislature to
provide for establishing, financing, consolidating, and abolishing special
districts and authorities, and to establish a special district's powers. 

Sec. 9.06.  COMPENSATION OF OFFICIALS.  Authorizes an elected official to
receive compensation and per diem payments only in amounts established by
law or charter. 

Sec. 9.07.  LOCAL DEBT.  Prohibits a county, municipality, special district
or authority, or other political subdivision from issuing general
obligation bonds, except refunding bonds, unless a majority of the voters
approve the bond.  Prohibits a political subdivision from creating a debt,
unless a provision is made at the time for paying the interest and
principal of the debt. 

Sec. 9.08.  INTERGOVERNMENTAL COOPERATION.  Authorizes any political
subdivision to share in the costs and responsibilities, to provide a
service or function, with any one or more political subdivisions.   

POLITICAL SUBDIVISIONS.  Authorizes a political subdivision to consolidate
offices, transfer functions of government, or modify or cancel a
consolidation or transfer.  Prohibits a law from consolidating or
transferring political subdivisions among more than one county. Prohibits a
consolidation or transfer from occurring without the majority approval of
the affected voters, including voters in an unincorporated area when county
offices are in question. Authorizes the legislature by general or local law
to provide for the consolidation of tax collection in a county,
notwithstanding Subsection (a) requirements.  Provides that this subsection
does not apply to the annexation of territory by a municipality or other
political subdivision. 

legislature to enact general laws to authorize the voters of a county to
determine whether intoxicating liquors shall be prohibited from sale or
legalization.  Requires such laws to contain provisions for voting on the
various types of alcohol.  Provides that dry counties continue to be dry
counties at the time this article takes effect. 

legislature to define and redefine governmental and proprietary functions
of a municipality or other political subdivision. 

TEMPORARY TRANSITION PROVISIONS.  (a)  Effective date of this bill:
September 1, 1999. 

(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 a county, municipality, special
district or authority, or other political subdivision when the term of
office began as provided by law, or charter. 


Sec. 10.01.  SEAL OF THE STATE.  Describes the seal of the state as a
five-pointed star encircled by olive and live oak branches and the words
"The State of Texas." 

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 with the
advice and consent of the senate a vacancy in a state or district office,
unless this constitution or law provides other means for filling the

DISABILITY OF OFFICER.  Authorizes the legislature by general law to
establish grounds and procedures for the disqualification, suspension,
removal, and temporary replacement of an officer for whom a mode of removal
is not provided in this constitution.  Requires the legislature to
establish procedures for the temporary suspension or replacement of an
executive branch officer who becomes disabled or otherwise unable to
discharge the duties of office. 

Sec. 10.07.  TEXAS ETHICS COMMISSION.  Establishes the Texas Ethics
Commission and its eight members.  Sets forth membership, terms, and
replacement  requirements for the Texas Ethics Commission.   

Sec. 10.08.  TEXAS SALARY COMMISSION.  Establishes the Texas Salary
Commission (salary commission) and its nine members.  Sets forth
membership, terms, and replacement requirements for the salary commission.
Requires the salary commission to recommend the rate of compensation for
elected and appointed officers of the executive branch, for judges of state
district courts, including the supreme court and court of criminal appeals,
and the legislature in accordance to Section 3.09 of this constitution.
Prohibits an officer from receiving a compensation in excess of the amount
determined by the commission.  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 the
compensation rate recommended by the commission.  Defines "compensation." 

"marriage" and "spouse."  Authorizes the legislature to define the rights
of spouses in relation to separate and community property.  Establishes
that a property owned or claimed prior to marriage and acquired afterward
remains the separate property of that spouse.  Authorizes a person to
partition his or her property during marriage, without the intention to
defraud preexisting creditors.  Provides that the portion or interest set
aside to each spouse is the separate property of that spouse or any future
spouse.  Authorizes spouses to agree between themselves that income or
property from partitioned property remains separate property of that
spouse. Provides that gifts or income from one spouse to another includes
future income or property from that gift.  Authorizes spouses to agree that
all or part of the community property becomes the property of the surviving
spouse.  Requires Subsections (d)-(g) provisions to be in writing. 

Sec. 10.10.  HOMESTEAD.  Sets forth the various definitions and aspects of
a homestead, including homestead, rural homestead, and urban homestead.
Prohibits a rural homestead from changing into an urban homestead without
the claimant's consent that the land may be used for non-agricultural
purposes.  Protects the homestead of a family or a single person, or an
agricultural homestead from forced sale, except under certain circumstances
and notwithstanding Subsection (d)(4) and (d)(6).  Requires the legislature
to provide for the protection of beneficiaries from proceeds of an indebted
homestead, including a waiting period, rescission period, regulation of
liens, authorized institutions, and location and mechanisms of the closing. 

the legislature to provide for the protection from forced sale of certain
personal property belonging to each adult and family.   

Sec. 10.12.  PROTECTION OF WAGES FROM GARNISHMENT.  Provides that current
wages for personal service are not subject to garnishment, except
court-ordered child-support payments.  Authorizes the legislature to garner
the salary of a public officer who neglects the performance of a duty
assigned by law.   

that  mechanics, artisans, and materialman have liens on the work they
perform for the value of the labor or material furnished.  Requires the
legislature to provide for the efficient enforcement of liens. 

Sec. 10.14.  BANKING.  Prohibits a foreign corporation not charted by the
United States from operating a bank or discounting privileges in this

Sec. 10.15.  PENSION AND RETIREMENT SYSTEMS.  Continues to subject public
pensions or retirement systems to the provisions of the Constitution of
1876, on the effective date of this article, until changed by law.
Prohibits funds used for public or retirement system from being used for
any purpose inconsistent with the system.  Prohibits a contribution of less
than six percent by a participating member of the Employees Retirement
System of Texas or the Teacher Retirement System of Texas.  Prohibits a
contribution of less than six percent and more than ten percent by the
state to either system.  Authorizes the legislature in an emergency
determined by the governor to appropriate additional sums to fund benefits.

Sec. 10.16.  GAMBLING.  Prohibits lotteries and gift enterprises, except
charitable bingo games or raffles, state-sponsored lotteries, or other
enterprises approved by two-thirds of each house of the legislature and a
majority of the voters in a referendum.  Authorizes the legislature to
regulate lotteries and gift enterprises. 

Sec. 10.17.  AMENDMENTS TO CONSTITUTION.  Authorizes the legislature by a
twothirds vote of each house to propose amendments to this constitution.
Requires the legislature to submit the amendment to the voters within 90
days of its proposal, to publicize the amendment in English and any other
language prescribed by law, and adopt the amendment, if approved by a
majority of the voters in a statewide election, on the date of the
canvassed election returns.   
Sec. 10.18.  CONSTITUTIONAL CONVENTION.  Authorizes the legislature by
two-thirds vote of each house to submit to the people the question of
whether to call a constitutional convention and to stipulate the question
in articles that the convention may consider.  Requires a constitutional
convention to convene if a majority of the voters approve the question.
Requires the legislature at the next legislature session to provide for the
logistics of the convention, following the approval of the question.
Provides that a public officer is not prohibited from serving as a delegate
by this constitution.  Authorizes the convention, by a two-thirds vote of
its membership, to propose any revision of or amendments to the
constitution, in an unlimited call, or propose any revision of or amendment
to the articles stipulated in a limited call.  Requires the convention to
determine the manner of submitting and publicizing its proposals and fix
the date of the election.  Requires convention to submit the proposals in
English and any other language specified by the convention.  Requires the
proposal to become effective on the date the majority of voters approve the

TEMPORARY TRANSITION PROVISIONS.  (a)  Effective date of this article:
September 1, 1999.  

(b)  Provides that the salaries of elected and appointed officers of the
executive branch and the judicial branch remain unchanged, until the salary
commission or 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, 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
required language for the ballot.