By Junell H.J.R. No. 1
76R2355 JSA-D
A JOINT RESOLUTION
1-1 proposing a revision of the Texas Constitution.
1-2 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. The Texas Constitution is revised to read as
1-4 follows:
1-5 CONSTITUTION OF THE STATE OF TEXAS
1-6 PREAMBLE
1-7 Humbly invoking the blessings of Almighty God, the people of
1-8 the State of Texas do ordain and establish this constitution.
1-9 ARTICLE 1. BILL OF RIGHTS
1-10 That the general, great, and essential principles of liberty
1-11 and free government may be recognized and established, we declare:
1-12 Sec. 1.01. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a
1-13 free and independent state, subject only to the Constitution of the
1-14 United States, and the maintenance of our free institutions and the
1-15 perpetuity of the Union depend upon the preservation of the right
1-16 of local self-government, unimpaired to all the states.
1-17 Sec. 1.02. REPUBLICAN FORM OF GOVERNMENT. All political
1-18 power is inherent in the people, and all free governments are
1-19 founded on their authority and instituted for their benefit. The
1-20 faith of the people of Texas stands pledged to the preservation of
1-21 a republican form of government, and, subject to this limitation
1-22 only, they have at all times the inalienable right to alter,
1-23 reform, or abolish their government in such manner as they may
1-24 think expedient.
2-1 Sec. 1.03. EQUAL RIGHTS. All free men, when they form a
2-2 social compact, have equal rights, and no man, or set of men, is
2-3 entitled to exclusive separate public emoluments, or privileges,
2-4 but in consideration of public services.
2-5 Sec. 1.04. EQUALITY UNDER THE LAW. Equality under the law
2-6 shall not be denied or abridged because of sex, race, color, creed,
2-7 or national origin. This amendment is self-operative.
2-8 Sec. 1.05. RELIGIOUS TESTS. No religious test shall ever be
2-9 required as a qualification to any office, or public trust, in this
2-10 state; nor shall anyone be excluded from holding office on account
2-11 of his religious sentiments, provided he acknowledge the existence
2-12 of a Supreme Being.
2-13 Sec. 1.06. OATHS AND AFFIRMATIONS OF WITNESSES. No person
2-14 shall be disqualified to give evidence in any of the courts of this
2-15 state on account of his religious opinions or for the want of any
2-16 religious belief, but all oaths or affirmations shall be
2-17 administered in the mode most binding upon the conscience and shall
2-18 be taken subject to the pains and penalties of perjury.
2-19 Sec. 1.07. FREEDOM OF WORSHIP. All men have a natural and
2-20 indefeasible right to worship Almighty God according to the
2-21 dictates of their own consciences. No man shall be compelled to
2-22 attend, erect, or support any place of worship or to maintain any
2-23 ministry against his consent. No human authority ought, in any
2-24 case whatever, to control or interfere with the rights of
2-25 conscience in matters of religion, and no preference shall ever be
2-26 given by law to any religious society or mode of worship. But it
2-27 shall be the duty of the legislature to pass such laws as may be
3-1 necessary to protect equally every religious denomination in the
3-2 peaceable enjoyment of its own mode of public worship.
3-3 Sec. 1.08. APPROPRIATIONS FOR SECTARIAN PURPOSES. No money
3-4 shall be appropriated or drawn from the treasury for the benefit of
3-5 any sect, religious society, or theological or religious seminary;
3-6 nor shall property belonging to the state be appropriated for any
3-7 such purposes.
3-8 Sec. 1.09. FREEDOM OF SPEECH AND PRESS. Every person shall
3-9 be at liberty to speak, write, or publish his opinions on any
3-10 subject, being responsible for the abuse of that privilege; and no
3-11 law shall ever be passed curtailing the liberty of speech or of the
3-12 press. In prosecutions for the publication of papers,
3-13 investigating the conduct of officers, or men in public capacity,
3-14 or when the matter published is proper for public information, the
3-15 truth thereof may be given in evidence. And in all indictments for
3-16 libels, the jury shall have the right to determine the law and the
3-17 facts, under the direction of the court, as in other cases.
3-18 Sec. 1.10. SEARCHES AND SEIZURES. The people shall be
3-19 secure in their persons, houses, papers, and possessions from all
3-20 unreasonable seizures or searches, and no warrant to search any
3-21 place, or to seize any person or thing, shall issue without
3-22 describing them as near as may be, nor without probable cause,
3-23 supported by oath or affirmation.
3-24 Sec. 1.11. RIGHTS OF ACCUSED. In all criminal prosecutions
3-25 the accused shall have a speedy public trial by an impartial jury.
3-26 He shall have the right to demand the nature and cause of the
3-27 accusation against him and to have a copy thereof. He shall not be
4-1 compelled to give evidence against himself, and shall have the
4-2 right of being heard by himself or counsel, or both, shall be
4-3 confronted by the witnesses against him, and shall have compulsory
4-4 process for obtaining witnesses in his favor, except that when the
4-5 witness resides out of the state and the offense charged is a
4-6 violation of any of the antitrust laws of this state, the defendant
4-7 and the state shall have the right to produce and have the evidence
4-8 admitted by deposition, under such rules and laws as the
4-9 legislature may hereafter provide; and no person shall be held to
4-10 answer for a criminal offense, unless on an indictment of a grand
4-11 jury, except in cases in which the punishment is by fine or
4-12 imprisonment, otherwise than in the penitentiary, in cases of
4-13 impeachment, and in cases arising in the army or navy, or in the
4-14 militia, when in actual service in time of war or public danger.
4-15 Sec. 1.12. BAIL. All prisoners shall be bailable by
4-16 sufficient sureties, unless for capital offenses, when the proof is
4-17 evident; but this provision shall not be so construed as to
4-18 prevent bail after indictment found upon examination of the
4-19 evidence, in such manner as may be prescribed by law.
4-20 Sec. 1.13. MULTIPLE CONVICTIONS; DENIAL OF BAIL. (a) Any
4-21 person (1) accused of a felony less than capital in this state who
4-22 has been theretofore twice convicted of a felony, the second
4-23 conviction being subsequent to the first, both in point of time of
4-24 commission of the offense and conviction therefor, (2) accused of a
4-25 felony less than capital in this state, committed while on bail for
4-26 a prior felony for which he has been indicted, (3) accused of a
4-27 felony less than capital in this state involving the use of a
5-1 deadly weapon after being convicted of a prior felony, or (4)
5-2 accused of a violent or sexual offense committed while under the
5-3 supervision of a criminal justice agency of the state or a
5-4 political subdivision of the state for a prior felony, after a
5-5 hearing, and upon evidence substantially showing the guilt of the
5-6 accused of the offense in (1) or (3) above, of the offense
5-7 committed while on bail in (2) above, or of the offense in (4)
5-8 above committed while under the supervision of a criminal justice
5-9 agency of the state or a political subdivision of the state for a
5-10 prior felony, may be denied bail pending trial, by a district judge
5-11 in this state, if said order denying bail pending trial is issued
5-12 within seven calendar days subsequent to the time of incarceration
5-13 of the accused; provided, however, that if the accused is not
5-14 accorded a trial upon the accusation under (1) or (3) above, the
5-15 accusation and indictment used under (2) above, or the accusation
5-16 or indictment used under (4) above within 60 days from the time of
5-17 his incarceration upon the accusation, the order denying bail shall
5-18 be automatically set aside, unless a continuance is obtained upon
5-19 the motion or request of the accused; provided, further, that the
5-20 right of appeal to the criminal division of the supreme court is
5-21 expressly accorded the accused for a review of any judgment or
5-22 order made hereunder, and said appeal shall be given preference by
5-23 the division.
5-24 (b) In this section:
5-25 (1) "Violent offense" means:
5-26 (A) murder;
5-27 (B) aggravated assault, if the accused used or
6-1 exhibited a deadly weapon during the commission of the assault;
6-2 (C) aggravated kidnaping; or
6-3 (D) aggravated robbery.
6-4 (2) "Sexual offense" means:
6-5 (A) aggravated sexual assault;
6-6 (B) sexual assault; or
6-7 (C) indecency with a child.
6-8 Sec. 1.14. HABEAS CORPUS. The writ of habeas corpus is a
6-9 writ of right and shall never be suspended. The legislature shall
6-10 enact laws to render the remedy speedy and effectual.
6-11 Sec. 1.15. EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL
6-12 PUNISHMENT; REMEDY BY DUE COURSE OF LAW. Excessive bail shall not
6-13 be required, nor excessive fines imposed, nor cruel or unusual
6-14 punishment inflicted. All courts shall be open, and every person
6-15 for an injury done him, in his lands, goods, person, or reputation,
6-16 shall have remedy by due course of law.
6-17 Sec. 1.16. DOUBLE JEOPARDY. No person, for the same
6-18 offense, shall be twice put in jeopardy of life or liberty, nor
6-19 shall a person be again put upon trial for the same offense, after
6-20 a verdict of not guilty in a court of competent jurisdiction.
6-21 Sec. 1.17. RIGHT OF TRIAL BY JURY. The right of trial by
6-22 jury shall remain inviolate. The legislature shall pass such laws
6-23 as may be needed to regulate the same and to maintain its purity
6-24 and efficiency. Provided, that the legislature may provide for the
6-25 temporary commitment, for observation and/or treatment, of mentally
6-26 ill persons not charged with a criminal offense, for a period not
6-27 to exceed 90 days, by order of the county court without the
7-1 necessity of a trial by jury.
7-2 Sec. 1.18. COMMITMENT OF PERSONS OF UNSOUND MIND. No person
7-3 shall be committed as a person of unsound mind except on competent
7-4 medical or psychiatric testimony. The legislature may enact all
7-5 laws necessary to provide for the trial, adjudication of insanity,
7-6 and commitment of persons of unsound mind and to provide for a
7-7 method of appeal from judgments rendered in such cases. Such laws
7-8 may provide for a waiver of trial by jury, in cases where the
7-9 person under inquiry has not been charged with the commission of a
7-10 criminal offense, by the concurrence of the person under inquiry,
7-11 or his next of kin, and an attorney ad litem appointed by a judge
7-12 of either the county or probate court of the county where the trial
7-13 is being held, and shall provide for a method of service of notice
7-14 of such trial upon the person under inquiry and of his right to
7-15 demand a trial by jury.
7-16 Sec. 1.19. BILLS OF ATTAINDER; RETROACTIVE LAWS; IMPAIRING
7-17 OBLIGATION OF CONTRACTS. No bill of attainder, ex post facto law,
7-18 retroactive law, or any law impairing the obligation of contracts,
7-19 shall be made.
7-20 Sec. 1.20. PROPERTY TAKEN FOR PUBLIC USE; SPECIAL PRIVILEGES
7-21 AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES. No person's
7-22 property shall be taken, damaged, or destroyed for or applied to
7-23 public use without adequate compensation being made, unless by the
7-24 consent of such person; and, when taken, except for the use of the
7-25 state, such compensation shall be first made or secured by a
7-26 deposit of money; and no irrevocable or uncontrollable grant of
7-27 special privileges or immunities shall be made; but all privileges
8-1 and franchises granted by the legislature or created under its
8-2 authority shall be subject to the control thereof.
8-3 Sec. 1.21. IMPRISONMENT FOR DEBT. No person shall ever be
8-4 imprisoned for debt.
8-5 Sec. 1.22. DUE COURSE OF LAW. No citizen of this state
8-6 shall be deprived of life, liberty, property, privileges, or
8-7 immunities, or in any manner disfranchised, except by the due
8-8 course of the law of the land.
8-9 Sec. 1.23. OUTLAWRY OR TRANSPORTATION FOR OFFENSE. No
8-10 citizen shall be outlawed. No person shall be transported out of
8-11 the state for any offense committed within the same. This section
8-12 does not prohibit an agreement with another state providing for the
8-13 confinement of inmates of this state in the penal or correctional
8-14 facilities of that state.
8-15 Sec. 1.24. CORRUPTION OF BLOOD; FORFEITURE OF ESTATE;
8-16 DESCENT IN CASE OF SUICIDE. No conviction shall work corruption of
8-17 blood or forfeiture of estate, and the estates of those who destroy
8-18 their own lives shall descend or vest as in case of natural death.
8-19 Sec. 1.25. TREASON. Treason against the state shall consist
8-20 only in levying war against it, or adhering to its enemies, giving
8-21 them aid and comfort; and no person shall be convicted of treason
8-22 except on the testimony of two witnesses to the same overt act or
8-23 on confession in open court.
8-24 Sec. 1.26. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall
8-25 have the right to keep and bear arms in the lawful defense of
8-26 himself or the state; but the legislature shall have power, by
8-27 law, to regulate the wearing of arms, with a view to prevent crime.
9-1 Sec. 1.27. MILITARY SUBORDINATE TO CIVIL AUTHORITY. The
9-2 military shall at all times be subordinate to the civil authority.
9-3 Sec. 1.28. QUARTERING SOLDIERS IN HOUSES. No soldier shall
9-4 in time of peace be quartered in the house of any citizen without
9-5 the consent of the owner, nor in time of war but in a manner
9-6 prescribed by law.
9-7 Sec. 1.29. PERPETUITIES AND MONOPOLIES; PRIMOGENITURE OR
9-8 ENTAILMENTS. Perpetuities and monopolies are contrary to the
9-9 genius of a free government and shall never be allowed, nor shall
9-10 the law of primogeniture or entailments ever be in force in this
9-11 state.
9-12 Sec. 1.30. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF
9-13 GRIEVANCES. The citizens shall have the right, in a peaceable
9-14 manner, to assemble together for their common good and to apply to
9-15 those invested with the powers of government for redress of
9-16 grievances or other purposes, by petition, address, or
9-17 remonstrance.
9-18 Sec. 1.31. SUSPENSION OF LAWS. No power of suspending laws
9-19 in this state shall be exercised except by the legislature.
9-20 Sec. 1.32. BILL OF RIGHTS INVIOLATE. To guard against
9-21 transgressions of the high powers herein delegated, we declare that
9-22 everything in this "Bill of Rights" is excepted out of the general
9-23 powers of government and shall forever remain inviolate, and all
9-24 laws contrary thereto, or to the following provisions, shall be
9-25 void.
9-26 Sec. 1.33. RIGHTS OF CRIME VICTIMS. (a) A crime victim has
9-27 the following rights:
10-1 (1) the right to be treated with fairness and with
10-2 respect for the victim's dignity and privacy throughout the
10-3 criminal justice process; and
10-4 (2) the right to be reasonably protected from the
10-5 accused throughout the criminal justice process.
10-6 (b) On the request of a crime victim, the crime victim has
10-7 the following rights:
10-8 (1) the right to notification of court proceedings;
10-9 (2) the right to be present at all public court
10-10 proceedings related to the offense, unless the victim is to testify
10-11 and the court determines that the victim's testimony would be
10-12 materially affected if the victim hears other testimony at the
10-13 trial;
10-14 (3) the right to confer with a representative of the
10-15 prosecutor's office;
10-16 (4) the right to restitution; and
10-17 (5) the right to information about the conviction,
10-18 sentence, imprisonment, and release of the accused.
10-19 (c) The legislature may enact laws to define the term
10-20 "victim" and to enforce these and other rights of crime victims.
10-21 (d) The state, through its prosecuting attorney, has the
10-22 right to enforce the rights of crime victims.
10-23 (e) The legislature may enact laws to provide that a judge,
10-24 attorney for the state, peace officer, or law enforcement agency is
10-25 not liable for a failure or inability to provide a right enumerated
10-26 in this section. The failure or inability of any person to provide
10-27 a right or service enumerated in this section may not be used by a
11-1 defendant in a criminal case as a ground for appeal or
11-2 post-conviction writ of habeas corpus. A victim or guardian or
11-3 legal representative of a victim has standing to enforce the rights
11-4 enumerated in this section but does not have standing to
11-5 participate as a party in a criminal proceeding or to contest the
11-6 disposition of any charge.
11-7 Sec. 1.34. COMPENSATION TO VICTIMS OF CRIME FUNDS. (a) The
11-8 compensation to victims of crime fund created by general law and
11-9 the compensation to victims of crime auxiliary fund created by
11-10 general law are each a separate dedicated account in the general
11-11 revenue fund.
11-12 (b) Except as provided by Subsection (c) of this section and
11-13 subject to legislative appropriation, money deposited to the credit
11-14 of the compensation to victims of crime fund or the compensation to
11-15 victims of crime auxiliary fund from any source may be expended as
11-16 provided by law only for delivering or funding victim-related
11-17 compensation, services, or assistance.
11-18 (c) The legislature may provide by law that money in the
11-19 compensation to victims of crime fund or in the compensation to
11-20 victims of crime auxiliary fund may be expended for the purpose of
11-21 assisting victims of episodes of mass violence if other money
11-22 appropriated for emergency assistance is depleted.
11-23 TEMPORARY TRANSITION PROVISION. This article takes effect
11-24 September 1, 2001.
11-25 ARTICLE 2. POWERS OF GOVERNMENT
11-26 Sec. 2.01. LIMITATION OF POWERS. The enumeration in this
11-27 constitution of specified powers and functions does not limit the
12-1 power of the government of this state, but the government of this
12-2 state has all the power not denied to this state by this
12-3 constitution or the Constitution of the United States.
12-4 Sec. 2.02. SEPARATION OF POWERS. The powers of government
12-5 of the State of Texas are divided among three distinct branches:
12-6 legislative, executive, and judicial. Except as otherwise
12-7 authorized by this constitution, each branch shall exercise only
12-8 the powers appropriate to that branch.
12-9 TEMPORARY TRANSITION PROVISION. This article takes effect
12-10 September 1, 2001.
12-11 ARTICLE 3. LEGISLATIVE BRANCH
12-12 Sec. 3.01. LEGISLATIVE POWER. The legislative power of the
12-13 state is vested in a senate and house of representatives, which
12-14 together are styled "The Legislature of the State of Texas."
12-15 Sec. 3.02. COMPOSITION. The senate consists of 31 members.
12-16 The house of representatives consists of 150 members.
12-17 Sec. 3.03. QUALIFICATIONS OF MEMBERS. (a) To be eligible
12-18 to serve in the senate, a person must:
12-19 (1) be a qualified voter of this state;
12-20 (2) be at least 26 years old;
12-21 (3) have been a resident of this state for five years
12-22 preceding election to office; and
12-23 (4) have been a resident of the senatorial district
12-24 for one year preceding election to office.
12-25 (b) To be eligible to serve in the house of representatives,
12-26 a person must:
12-27 (1) be a qualified voter of this state;
13-1 (2) be at least 21 years old;
13-2 (3) have been a resident of this state for two years
13-3 preceding election to office; and
13-4 (4) have been a resident of the representative
13-5 district for one year preceding election to office.
13-6 (c) At the first general election following a redistricting,
13-7 a person is eligible for election to the legislature from any new
13-8 district that contains a part of the district in which that person
13-9 was eligible for election immediately preceding the redistricting,
13-10 provided that a person forfeits office unless, within 60 days
13-11 following election, the person becomes a resident of the new
13-12 district.
13-13 Sec. 3.04. ELIGIBILITY TO HOLD OTHER OFFICES. (a) Except
13-14 as provided by this section, a member of the legislature may not
13-15 hold any other office or position of profit or trust under this
13-16 state, the United States, or a foreign government.
13-17 (b) A member of the legislature may serve as a member of the
13-18 National Guard, the National Guard Reserve, or any of the armed
13-19 forces reserves of the United States, as a retired member of the
13-20 armed forces or of the armed forces reserves of the United States,
13-21 or as a notary public.
13-22 (c) A member of the legislature may serve as a member of a
13-23 multimember governmental body exercising executive powers if the
13-24 law establishing the governmental body expressly authorizes
13-25 legislative membership. A legislative member of such a body may
13-26 not receive additional compensation for that service.
13-27 Sec. 3.05. TERM LIMITS. (a) A person is not eligible for
14-1 election to the senate if the person served as a member of the
14-2 senate during all or part of the nine most recent regular sessions
14-3 of the legislature that adjourned before the date of the election.
14-4 (b) A person is not eligible for election to the house of
14-5 representatives if the person has served as a member of the house
14-6 during all or part of the eight most recent regular sessions of the
14-7 legislature that adjourned before the date of the election.
14-8 Sec. 3.06. JUDGE OF QUALIFICATIONS; ELECTION CONTESTS. Each
14-9 house is the sole judge of the qualifications and election of its
14-10 own members, but contested elections are determined in the manner
14-11 provided by law.
14-12 Sec. 3.07. ELECTION AND TERMS OF OFFICE. (a) Senators and
14-13 representatives are elected by the qualified voters of their
14-14 respective districts at a statewide general election.
14-15 (b) Each senator serves a term of six years, except that
14-16 after the first election following a statewide redistricting the
14-17 members of the senate shall select by lot 15 senators to serve a
14-18 term of four years. The qualified voters elect a new senate after
14-19 each statewide senatorial redistricting.
14-20 (c) Each representative serves a term of four years, except
14-21 that after the first election following a statewide redistricting
14-22 the members of the house shall select by lot 75 representatives to
14-23 serve a term of two years. The qualified voters elect a new house
14-24 of representatives after each statewide house of representatives
14-25 redistricting.
14-26 (d) A vacancy in the senate or house of representatives is
14-27 filled by special election in the manner prescribed by law.
15-1 (e) The term of office of a senator or representative begins
15-2 on the date prescribed by law for convening the legislature in
15-3 regular session.
15-4 Sec. 3.08. REDISTRICTING. (a) Before the first August 15
15-5 following publication of each federal decennial census, the
15-6 legislature by law shall divide the state into single-member
15-7 senatorial, single-member representative, and single-member
15-8 congressional districts. This subsection does not prohibit the
15-9 legislature from altering any of those districts at any other time,
15-10 except as provided by Subsection (e) of this section.
15-11 (b) Senatorial, representative, and congressional districts
15-12 must be composed of compact and contiguous territory and contain
15-13 equal populations as required by the Constitution of the United
15-14 States.
15-15 (c) A county may not be divided among senatorial,
15-16 representative, or congressional districts except as necessary to
15-17 prevent an unlawful population variance among districts.
15-18 (d) If the Supreme Court of Texas or a federal court enters
15-19 a final decree that invalidates a redistricting plan or, before
15-20 entry of the decree, orders into effect a redistricting plan other
15-21 than the statutory plan in effect under state law, the legislature
15-22 shall consider enacting a new redistricting plan. If the
15-23 legislature is in regular session on the day the final decree is
15-24 entered or the order takes effect, a new redistricting bill may be
15-25 enacted only within 30 days after that date, and the session shall,
15-26 if necessary, be continued for this purpose. If the final decree
15-27 is entered or the order takes effect within 45 days before the
16-1 convening of a regular session, a new redistricting bill may be
16-2 passed only within the first 30 days following the convening of the
16-3 session. If the decree is entered or the order takes effect at any
16-4 other time, the governor shall convene the legislature in a
16-5 redistricting special session on or before the 14th day following
16-6 the date the decree is entered or the order takes effect, and a new
16-7 redistricting bill may be passed only within the 30-day
16-8 redistricting special session.
16-9 (e) If, within the time prescribed by Subsection (a) or (d)
16-10 of this section, the legislature does not enact a redistricting
16-11 plan, or if the new redistricting plan does not become law, the
16-12 governor, acting as presiding officer, shall convene a
16-13 redistricting board consisting of the governor, lieutenant
16-14 governor, speaker of the house of representatives, attorney
16-15 general, and comptroller of public accounts not more than 10 days
16-16 after the deadline for the legislature to act or after a new
16-17 redistricting bill fails to become law. The board shall adopt a
16-18 redistricting plan within 30 days after convening. The board is
16-19 dissolved when it adopts a plan or at the expiration of 30 days,
16-20 whichever is earlier. The legislature shall provide funds for the
16-21 board's clerical, technical, and other expenses. The legislature
16-22 may not enact a redistricting bill when the redistricting board is
16-23 convened to adopt a plan for the same entity.
16-24 Sec. 3.09. COMPENSATION. (a) The salary and other
16-25 allowances for members of the legislature, other than the speaker
16-26 of the house of representatives, shall be set by the Texas Salary
16-27 Commission established by Article 10 of this constitution. The
17-1 salary of the speaker of the house shall be equal to not less than
17-2 90 percent of the salary of the governor.
17-3 (b) While serving as speaker of the house, a person may not
17-4 engage in any other full-time, salaried employment.
17-5 Sec. 3.10. SESSIONS. (a) The legislature shall convene in
17-6 regular session in odd-numbered years on a date prescribed by law.
17-7 A regular session may not exceed 140 consecutive days.
17-8 (b) A special session may not exceed 30 consecutive days.
17-9 (c) A veto session may not exceed 15 consecutive days.
17-10 (d) Each session of the legislature shall be open to the
17-11 public, except when the senate is in executive session.
17-12 (e) Neither house may adjourn or recess for more than five
17-13 days without the consent of the other.
17-14 (f) The legislature shall meet at the seat of government
17-15 unless otherwise provided by law.
17-16 (g) The legislature by petition of three-fifths of the
17-17 membership of each house may convene in veto session on the first
17-18 Monday following the 50th day after adjournment of a session solely
17-19 to reconsider bills, resolutions, or appropriation items for
17-20 passage over a veto. Bills, resolutions, or appropriation items
17-21 that may be reconsidered are:
17-22 (1) those bills, resolutions, or appropriation items
17-23 specifically identified in the petition that authorizes the
17-24 convening of the legislature into veto session;
17-25 (2) bills, resolutions, or appropriation items that
17-26 the governor vetoed on or after the 10th day before adjournment,
17-27 inclusive of the day of adjournment, and that the legislature did
18-1 not reconsider before adjournment; and
18-2 (3) bills, resolutions, or appropriation items that,
18-3 by virtue of action of the governor after adjournment, will not
18-4 become law without passage over a veto.
18-5 (h) The legislature may meet in special session, veto
18-6 session, and on impeachment concurrently, but a time limit for
18-7 action is not extended by the concurrence of sessions.
18-8 Sec. 3.11. ORGANIZATION AND PROCEDURE. (a) Each house by
18-9 majority vote may determine the rules of its own proceedings, and
18-10 the two houses may adopt joint rules. Rules of procedure and joint
18-11 rules remain in effect until amended or repealed.
18-12 (b) The legislature may provide by law for assembling and
18-13 organizing either or both houses at an organizational assembly
18-14 convened not earlier than the 45th day preceding the convening of a
18-15 regular session. Such an organizational assembly is composed of
18-16 the members of the applicable house of the next legislature. At
18-17 that organizational assembly, the respective houses may adopt
18-18 rules of procedure and joint rules.
18-19 (c) At the organizational assembly or at the beginning of a
18-20 regular session, at the end of each regular session, and at such
18-21 other times as may be necessary, the senate shall elect from its
18-22 members a president pro tempore by the affirmative vote of not
18-23 fewer than 16 senators. When the lieutenant governor is absent or
18-24 temporarily disabled, the president pro tempore shall perform the
18-25 duties of the president in addition to the duties of senator. If
18-26 the office of lieutenant governor becomes vacant, the president pro
18-27 tempore shall convene the committee of the whole senate within 30
19-1 days after the vacancy occurs, and the committee of the whole
19-2 shall, by the affirmative vote of not fewer than 16 senators, elect
19-3 one of its members to perform the duties of lieutenant governor in
19-4 addition to the duties of senator until the next general election.
19-5 If the senator so elected ceases to be a senator before election of
19-6 a new lieutenant governor, another senator shall be elected in the
19-7 same manner to perform the duties of lieutenant governor until the
19-8 next general election. Until the committee of the whole elects a
19-9 member for this purpose, the president pro tempore shall perform
19-10 the duties of lieutenant governor.
19-11 (d) At the organizational assembly, or when first assembled
19-12 in regular session if there is no organizational assembly, the
19-13 secretary of state shall convene the house of representatives for
19-14 the purpose of organizing and electing a speaker. The speaker
19-15 shall be elected from the members of the house by an affirmative
19-16 vote of not fewer than 76 members. The house of representatives by
19-17 rule or the legislature by law may limit the period of time that a
19-18 person may serve as speaker or the number of times a person may be
19-19 elected speaker.
19-20 (e) All elections held by either house of the legislature
19-21 shall be by public vote recorded in the journal.
19-22 (f) Two-thirds of the membership of each house constitutes a
19-23 quorum, but fewer members may recess or adjourn from day to day and
19-24 may compel the attendance of absent members.
19-25 (g) Each house shall prepare and publish a journal of its
19-26 proceedings. At the request of any three members present, the
19-27 votes on any question shall be recorded in the journal.
20-1 (h) Each house, while in session, may reprimand or punish a
20-2 member for disorderly conduct or for cause deemed sufficient by
20-3 that house. Each house may expel a member by two-thirds vote of
20-4 its membership, but not a second time for the same offense.
20-5 Sec. 3.12. LEGISLATIVE IMMUNITY. A member may not be
20-6 questioned in any other place for speech or debate during a
20-7 legislative proceeding or for actions taken in the performance of
20-8 official legislative duties.
20-9 Sec. 3.13. CONFLICT OF INTEREST. (a) A member having a
20-10 private pecuniary interest in a bill, resolution, or other matter
20-11 before the legislature shall disclose that interest and not vote on
20-12 the bill, resolution, or other matter.
20-13 (b) A member may not have a direct or indirect interest in
20-14 any contract with the state, or with a county, that was authorized
20-15 by law passed during the term for which the member was elected.
20-16 (c) A member may not for compensation other than the
20-17 emoluments of office appear before or have dealings with an
20-18 executive or administrative unit of state government. A member may
20-19 not directly or indirectly share in any fee paid to any other
20-20 person for such an appearance or dealing.
20-21 Sec. 3.14. ENACTING CLAUSE OF LAWS. The enacting clause of
20-22 all laws shall be: "Be it enacted by the Legislature of the State
20-23 of Texas."
20-24 Sec. 3.15. BILLS AND RESOLUTIONS. (a) A law may be enacted
20-25 only by bill.
20-26 (b) A bill may originate in either house, except that a bill
20-27 for raising revenue must originate in the house of representatives.
21-1 (c) After a bill passes either house, the other house may
21-2 amend or reject it.
21-3 (d) A bill may not be amended in its passage through either
21-4 house so as to change its original purpose.
21-5 (e) A bill must be limited to a single subject. The subject
21-6 must be expressed in the title of the bill in a manner that gives
21-7 the legislature and the public reasonable notice of the subject.
21-8 (f) A general appropriations bill must be limited to the
21-9 subject of appropriations. A nonsubstantive statutory revision
21-10 bill must be limited to that subject.
21-11 (g) A bill that is amendatory in form, except a
21-12 nonsubstantive statutory revision bill, must set out the complete
21-13 section, subsection, or other statutory unit, as amended, of the
21-14 statute it amends.
21-15 (h) Before a house considers a bill, the bill must have been
21-16 referred to a committee of that house and reported at least five
21-17 days before adjournment of the session, but either house by a
21-18 record affirmative four-fifths vote of the members present and
21-19 voting may suspend this requirement.
21-20 (i) Before a bill becomes law, it must be read in each house
21-21 on three separate days. Either house by a record affirmative
21-22 four-fifths vote of the members present and voting may suspend this
21-23 requirement.
21-24 (j) If a bill or resolution is defeated by a vote of either
21-25 house, a bill or resolution containing the same substance may not
21-26 be considered during the same session.
21-27 (k) The presiding officer of each house in the presence of
22-1 that house shall certify the final passage of each bill and the
22-2 final passage of each resolution that requires the concurrence of
22-3 both houses. The fact of certification must be recorded in the
22-4 journal.
22-5 (l) A law other than a general appropriations act or a
22-6 redistricting act may not take effect before the 90th day after
22-7 adjournment of the session at which it was enacted. The
22-8 legislature by a record affirmative two-thirds vote of the
22-9 membership of each house may authorize an earlier effective date.
22-10 (m) The legislature is solely responsible for determining
22-11 compliance with this section, and a law or resolution, including a
22-12 law or resolution enacted before the effective date of this
22-13 constitution, may not be held void on the basis of insufficiency
22-14 under this section or under the corresponding provisions of the
22-15 Constitution of 1876.
22-16 Sec. 3.16. LOCAL AND SPECIAL LAWS. (a) The legislature may
22-17 not enact a local or special law except as expressly authorized by
22-18 this constitution.
22-19 (b) The legislature by local or special law may:
22-20 (1) create or regulate special purpose districts and
22-21 authorities, as authorized by Article 9 of this constitution;
22-22 (2) regulate hunting, fishing, or wildlife
22-23 conservation;
22-24 (3) create or regulate courts as authorized by Article
22-25 5 of this constitution;
22-26 (4) create or regulate juvenile boards;
22-27 (5) make grants or release from taxes in cases of
23-1 public calamities;
23-2 (6) provide for the consolidation of governmental
23-3 offices as authorized by Article 9 of this constitution; or
23-4 (7) regulate livestock or fences.
23-5 (c) Public notice of bills enacting local laws shall be
23-6 given in the manner provided by law.
23-7 Sec. 3.17. IMPEACHMENT. (a) The house of representatives
23-8 has the sole power to conduct legislative investigations for the
23-9 purpose of determining the existence of cause for impeachment and,
23-10 by a record majority vote of its membership, to impeach officers of
23-11 the executive branch, the chief justice of the supreme court, or a
23-12 justice of the supreme court. At times when the legislature is not
23-13 in session, the house of representatives, by petition of a majority
23-14 of its members, may convene and conduct impeachment proceedings.
23-15 (b) An officer against whom articles of impeachment have
23-16 been preferred is suspended from the exercise of the duties of the
23-17 office during the pendency of the impeachment. If the governor is
23-18 suspended, the lieutenant governor acts as governor. If the
23-19 lieutenant governor is suspended, the president pro tempore of the
23-20 senate acts as lieutenant governor. In other cases, the governor
23-21 may make a temporary appointment to perform the duties of office
23-22 during suspension.
23-23 (c) An officer who is impeached is tried by the senate. The
23-24 senate shall convene for this purpose on presentation of articles
23-25 of impeachment by the house of representatives. Each senator shall
23-26 affirm or take an oath to try impartially the officer impeached.
23-27 If the governor or lieutenant governor is tried, the chief justice
24-1 of the supreme court shall preside at the trial. A person may be
24-2 convicted of impeachment charges only by a record affirmative
24-3 two-thirds vote of the membership of the senate.
24-4 (d) On conviction by the senate, the officer is removed from
24-5 office and the office becomes vacant. A judgment of conviction may
24-6 not extend beyond removal from office and disqualification to hold
24-7 any state or local office of honor, trust, or profit of this state.
24-8 An impeached person, whether convicted or acquitted, is also
24-9 subject to indictment, prosecution, trial, judgment, and punishment
24-10 according to law.
24-11 Sec. 3.18. ADVICE AND CONSENT OF SENATE. A record
24-12 affirmative two-thirds vote of the members present constitutes
24-13 consent to any appointment that this constitution or general law
24-14 requires to be made with the advice and consent of the senate. The
24-15 legislature by law may regulate appointments made when the senate
24-16 is not in session.
24-17 TEMPORARY TRANSITION PROVISIONS. (a) This article takes
24-18 effect September 1, 2001.
24-19 (b) The actions of a member of the legislature who, on the
24-20 effective date of this article, is a member of a governmental body
24-21 exercising executive powers are validated as of the date of the
24-22 action if the member's service on that body would have been proper
24-23 under Section 3.04 of this constitution.
24-24 (c) The term limits provided by Section 3.05 of this
24-25 constitution apply only to years of service beginning after the
24-26 effective date of this article.
24-27 (d) Until different compensation is provided by the salary
25-1 commission in accordance with this constitution and general law,
25-2 members of the legislature are entitled to compensation as provided
25-3 for under the Constitution of 1876 and prior law.
25-4 (e) The terms of office for members of a house of the
25-5 legislature provided for under Section 3.07 of this constitution
25-6 apply beginning with the members of that house elected at the first
25-7 election after the effective date of this article that follows a
25-8 statewide redistricting of that house.
25-9 (f) Section 3.09(b) of this constitution applies only to a
25-10 person who is first elected speaker of the house after the
25-11 effective date of this article.
25-12 (g) Section 3.08 of this constitution applies beginning with
25-13 the first redistricting after the effective date of this article.
25-14 (h) A member of the legislature who, on the effective date
25-15 of this article, has an interest in a contract that would be in
25-16 violation of Section 3.13 of this constitution may continue to
25-17 maintain that contract if it would not be in violation of Section
25-18 18, Article III, Constitution of 1876.
25-19 (i) A member of the legislature who, on the effective date
25-20 of this article, has a written contract for representation
25-21 prohibited by Section 3.13(b) of this constitution may fulfill the
25-22 terms of the contract during the current term for which the member
25-23 has been elected.
25-24 (j) Until the legislature provides otherwise by law, Section
25-25 12, Article IV, Constitution of 1876, governs appointments made by
25-26 the governor during a recess of the senate.
25-27 (k) The adoption of this article does not impair any
26-1 obligation created by the issuance of bonds or notes in accordance
26-2 with prior law, and all bonds or other evidences of indebtedness
26-3 validly issued under Article III, Constitution of 1876, remain
26-4 valid, enforceable, and binding according to their terms and shall
26-5 be paid from the sources pledged. Bonds or other evidences of
26-6 indebtedness authorized under the Constitution of 1876 but unissued
26-7 on the effective date of this article may be issued in compliance
26-8 with and subject to the provisions of that constitution and prior
26-9 law. The legislature by general law may provide for implementation
26-10 of this provision.
26-11 ARTICLE 4. EXECUTIVE BRANCH
26-12 Sec. 4.01. EXECUTIVE POWER. The executive power of the
26-13 state is vested in the executive branch. The executive branch
26-14 consists of the governor, the governor's executive department, and
26-15 other executive branch officers and agencies.
26-16 Sec. 4.02. EXECUTIVE DEPARTMENT OFFICERS. (a) The governor
26-17 is the chief executive officer of the state. Officers of the
26-18 governor's executive department are the governor, the secretary of
26-19 state, the other executive officers of the cabinet, and other
26-20 executive officers as provided by law.
26-21 (b) The cabinet of the governor's executive department
26-22 consists of the departments of state, interior, public safety and
26-23 criminal justice, health and human services, education,
26-24 agriculture, economic development, energy, and transportation.
26-25 Sec. 4.03. EXECUTIVE BRANCH ELECTIVE OFFICERS. Other
26-26 officers within the executive branch, but not within the governor's
26-27 executive department, are the lieutenant governor, comptroller of
27-1 public accounts, and attorney general.
27-2 Sec. 4.04. STATE AGENCIES. (a) An agency, board,
27-3 commission, department, institution, or other administrative unit
27-4 of state government not assigned by this constitution or law to the
27-5 legislative or judicial branch is part of the executive branch and
27-6 is part of the governor's executive department unless otherwise
27-7 provided by law.
27-8 (b) This article does not restrict the authority of the
27-9 legislature to establish an agency of the executive branch within
27-10 or outside the governor's executive department. An executive
27-11 branch agency outside the governor's executive department may be
27-12 under the governance of one or more officers elected or appointed
27-13 in the manner provided by law.
27-14 Sec. 4.05. SELECTION AND TERM OF OFFICERS. (a) The
27-15 governor, lieutenant governor, comptroller of public accounts, and
27-16 attorney general are elected by the qualified voters at the
27-17 statewide general election for four-year terms in the manner
27-18 prescribed by law. Separate votes are cast for candidates for each
27-19 office.
27-20 (b) The secretary of state and other nonelective officers of
27-21 the governor's executive department are appointed by the governor
27-22 with the advice and consent of the senate and serve at the pleasure
27-23 of the governor.
27-24 (c) Other officers in the executive branch are elected or
27-25 appointed in the manner provided by law.
27-26 (d) Any appointment made by the governor under this
27-27 constitution or under law must be with the advice and consent of
28-1 the senate.
28-2 Sec. 4.06. GOVERNOR'S ELIGIBILITY AND INSTALLATION. (a) To
28-3 be eligible to be a candidate for or to serve as governor, a person
28-4 must be a citizen of the United States, be at least 30 years of age
28-5 on the date the term of office begins, and have been a resident of
28-6 this state for five years preceding election day. A person serving
28-7 as governor in the third of three consecutive four-year terms is
28-8 not eligible for a fourth consecutive term. For purposes of this
28-9 subsection, a person is considered to have served a four-year term
28-10 if the person in fact serves at least two years of the term.
28-11 (b) The legislature shall appropriate money for assistance
28-12 to a governor-elect. A governor-elect is entitled to receive any
28-13 information or reports that the incumbent governor is entitled to
28-14 receive from officers and state agencies.
28-15 (c) The governor is inaugurated on the first Tuesday
28-16 following the organization of the next regular session of the
28-17 legislature following the election, or as soon thereafter as
28-18 practicable.
28-19 Sec. 4.07. GUBERNATORIAL SUCCESSION. (a) If, before
28-20 inauguration, the governor-elect is disqualified, dies, or for any
28-21 other reason fails to assume office, the lieutenant governor-elect
28-22 is inaugurated as governor and serves for the full term.
28-23 (b) If articles of impeachment against the governor are
28-24 adopted by the house of representatives, the lieutenant governor
28-25 acts as governor during the pendency of the impeachment until the
28-26 governor is acquitted or convicted. If the governor is convicted
28-27 on impeachment, the lieutenant governor becomes governor and serves
29-1 for the remainder of the term.
29-2 (c) If the office of governor becomes vacant, the lieutenant
29-3 governor becomes governor and serves for the remainder of the term.
29-4 (d) If the governor is absent from the state or temporarily
29-5 disabled, the lieutenant governor acts as governor until the
29-6 governor returns or is no longer disabled. If the lieutenant
29-7 governor is also absent from the state or temporarily disabled, the
29-8 president pro tempore of the senate acts as governor until either
29-9 the governor or the lieutenant governor returns or is no longer
29-10 disabled.
29-11 (e) While serving or acting as governor, a person receives
29-12 only the compensation payable to the governor.
29-13 Sec. 4.08. ACTION ON BILLS AND RESOLUTIONS. (a) Every bill
29-14 that passes both houses of the legislature shall be presented to
29-15 the governor. The governor may approve the bill by signing it, in
29-16 which event it shall become law and be filed with the secretary of
29-17 state. The governor may veto the bill by returning it with
29-18 objections to the house in which it originated. That house shall
29-19 enter the objections in its journal and may reconsider the bill for
29-20 passage over the veto. If the bill passes that house by a
29-21 two-thirds record vote of its membership, it shall be sent with the
29-22 governor's objections to the other house, which shall enter the
29-23 objections in its journal and reconsider the bill for passage over
29-24 the veto. If the bill passes that house by a two-thirds record
29-25 vote of its membership, the bill shall become law and be filed with
29-26 the secretary of state. If the governor does not approve or veto a
29-27 bill within 10 days (Sundays excepted) after the bill is presented
30-1 to the governor, the bill shall become law and be filed with the
30-2 secretary of state, except that if the legislature adjourns before
30-3 the expiration of that period and the governor has not approved or
30-4 vetoed the bill, the governor may veto or approve the bill on or
30-5 before the 20th day after the date of adjournment. If the governor
30-6 does not approve or veto the bill within that period, the bill
30-7 becomes law and shall be filed with the secretary of state at the
30-8 expiration of that period.
30-9 (b) If the legislature adjourns before a bill presented to
30-10 the governor is vetoed, approved, or becomes law without the
30-11 governor's approval, the bill shall become law and shall be filed
30-12 with the secretary of state unless the governor vetoes the bill and
30-13 files the bill and the governor's objections to the bill with the
30-14 secretary of state and gives public notice of the veto by
30-15 proclamation. If the same legislature meets in veto session under
30-16 Section 3.10(g) of this constitution, the secretary of state shall
30-17 return the bill with the governor's objections to the house in
30-18 which the bill originated for reconsideration in the manner
30-19 provided by Subsection (a) of this section.
30-20 (c) The governor may veto any item of appropriation in a
30-21 bill. Portions of a bill containing an appropriation that are not
30-22 vetoed shall become law. Items vetoed together with the governor's
30-23 objections to those items shall be returned to the house in which
30-24 the bill originated for reconsideration in the manner provided by
30-25 Subsection (a) of this section.
30-26 (d) A resolution or other measure requiring the concurrence
30-27 of both houses of the legislature shall be presented to the
31-1 governor, except a measure proposing a constitutional amendment,
31-2 calling a constitutional convention, calling for removal of an
31-3 officer by address, or concerning legislative rules or procedures,
31-4 including adjournment or a legislative study or investigation. An
31-5 order or resolution presented to the governor is subject to
31-6 Subsections (a) and (b) of this section in the same manner as a
31-7 bill.
31-8 Sec. 4.09. COMMANDER IN CHIEF. The governor is commander in
31-9 chief of the military forces of the state except when those forces
31-10 are called into active service of the United States.
31-11 Sec. 4.10. EXECUTION OF LAWS; CONDUCT OF BUSINESS WITH OTHER
31-12 GOVERNMENTS. The governor shall require the laws to be faithfully
31-13 executed and shall conduct, in person or in the manner prescribed
31-14 by law, all intercourse and business of the state with other
31-15 states, the United States, and foreign nations.
31-16 Sec. 4.11. CONVENING LEGISLATURE IN SPECIAL SESSION. The
31-17 governor, on extraordinary occasions, may convene the legislature
31-18 in special session, stating specifically the purpose of the
31-19 session. The legislature may consider only those matters that the
31-20 governor specifies in the call or subsequently presents to the
31-21 legislature.
31-22 Sec. 4.12. GOVERNOR'S AUTHORITY BEFORE COURTS.
31-23 Notwithstanding the authority granted by this constitution to the
31-24 attorney general in representing the state before the courts, the
31-25 governor may intervene in any legal action in which the state is a
31-26 party and in which the governor believes the intervention prudent
31-27 and necessary.
32-1 Sec. 4.13. ADMINISTRATIVE REORGANIZATION. The governor may
32-2 submit to the legislature a written reorganization plan reassigning
32-3 functions among or consolidating or abolishing any state agencies,
32-4 offices, or governing bodies in the executive branch, including
32-5 agencies outside the governor's executive department, other than an
32-6 agency created by this constitution or under the authority of a
32-7 constitutional elected officer. During the next 60 days after the
32-8 date a plan is submitted during which both houses of the
32-9 legislature are in session, either house by resolution may reject
32-10 the plan. Unless rejected by one or both houses in that period,
32-11 the plan becomes effective according to its terms.
32-12 Sec. 4.14. REPRIEVES, COMMUTATIONS, AND PARDONS; REMISSION
32-13 OF FINES AND FORFEITURES. The governor may, as provided by law,
32-14 grant:
32-15 (1) reprieves relating to the execution of death
32-16 sentences;
32-17 (2) commutations;
32-18 (3) pardons; and
32-19 (4) the remission of fines and forfeitures.
32-20 Sec. 4.15. LIEUTENANT GOVERNOR. To be a candidate for or to
32-21 serve as lieutenant governor, a person must have the same
32-22 qualifications provided for the governor. The lieutenant governor,
32-23 by virtue of the office, is president of the senate, but may vote
32-24 only to cast a deciding vote when the senate is equally divided.
32-25 When the senate is convened as a committee of the whole, the
32-26 lieutenant governor may debate and vote on all questions before the
32-27 committee.
33-1 Sec. 4.16. COMPTROLLER OF PUBLIC ACCOUNTS. The comptroller
33-2 of public accounts is the executive officer of the department of
33-3 the treasury and shall perform the duties required of that office
33-4 by this constitution and by law.
33-5 Sec. 4.17. ATTORNEY GENERAL. The attorney general is the
33-6 executive officer of the department of justice and, except as
33-7 expressly provided by law to the contrary, represents the state in
33-8 all civil suits in which the state may be a party in the courts of
33-9 this state and of the United States, has all the powers of the
33-10 office as at common law, and has other powers and duties as
33-11 provided by law. The attorney general must be qualified to
33-12 practice before the Supreme Court of Texas.
33-13 Sec. 4.18. SECRETARY OF STATE. (a) The secretary of state
33-14 is the executive officer of the department of state and the chief
33-15 elections officer of the state, and shall perform the duties
33-16 required of that office by this constitution and by law.
33-17 (b) The secretary of state shall keep the state seal and use
33-18 it for official purposes under the direction of the governor.
33-19 Sec. 4.19. OTHER OFFICERS OF EXECUTIVE BRANCH. The other
33-20 officers of the executive branch have the powers and duties as
33-21 provided by this constitution and by law.
33-22 Sec. 4.20. COMPENSATION OF OFFICERS OF EXECUTIVE BRANCH.
33-23 (a) The compensation for constitutional officers of the executive
33-24 branch, including the governor, shall be prescribed by law, subject
33-25 to Section 10.08 of this constitution.
33-26 (b) The compensation of any officer of the executive branch
33-27 may not be diminished during the officer's term of office.
34-1 (c) In addition to any compensation or other perquisites
34-2 provided by law, the governor is entitled to the use of the
34-3 Governor's Mansion.
34-4 Sec. 4.21. DUAL OFFICE-HOLDING AND EMPLOYMENT. A
34-5 constitutional elected officer of the executive branch may not hold
34-6 any other civil or corporate office and, for compensation or the
34-7 promise of compensation, may not practice any other profession or
34-8 hold any other employment. This section does not apply to the
34-9 president pro tempore of the senate when that officer assumes the
34-10 office of lieutenant governor or governor until the president pro
34-11 tempore has served as lieutenant governor for six months.
34-12 Sec. 4.22. VACANCIES IN ELECTED OFFICES OF EXECUTIVE BRANCH.
34-13 Except for the offices of governor and lieutenant governor, a
34-14 vacancy in an office of the executive branch is filled by
34-15 appointment of the governor with the advice and consent of the
34-16 senate. The person so appointed serves the remainder of the term.
34-17 TEMPORARY TRANSITION PROVISIONS. (a) This article takes
34-18 effect September 1, 2001.
34-19 (b) Each state agency in existence on the effective date of
34-20 this article continues in effect under existing law until otherwise
34-21 provided by law or by a reorganization plan of the governor under
34-22 Section 4.13 of this constitution. The term of office of each
34-23 officer, including a member of a governing body, governing a state
34-24 agency continues as provided by law when the term of office began
34-25 unless otherwise provided by law or by a reorganization plan of the
34-26 governor under Section 4.13 of this constitution.
34-27 (c) The governor may adopt a reorganization plan under
35-1 Section 4.13 of this constitution and appoint the members of the
35-2 cabinet of the governor's executive department immediately on or
35-3 after the effective date of this article.
35-4 (d) The provisions of this article prohibiting the practice
35-5 of a profession or other employment do not apply to a member of the
35-6 cabinet until compensation for that office is initiated as provided
35-7 by law.
35-8 (e) The person serving as commissioner of the general land
35-9 office and the person serving as commissioner of agriculture on the
35-10 effective date of this article continue in office for the remainder
35-11 of the terms to which appointed or elected before this article
35-12 takes effect. Those offices may be abolished or consolidated with
35-13 another entity as provided by law or by the governor in a
35-14 reorganization plan under Section 4.13 of this constitution, except
35-15 that each of those offices shall continue in existence as an
35-16 elected state office as provided by the law in effect on the
35-17 effective date of this article:
35-18 (1) for the remainder of the term of office being
35-19 served on the effective date of this article and for each
35-20 subsequent consecutive term of the office to which the person
35-21 serving in the office on the effective date is elected; and
35-22 (2) if the person serving on the effective date of
35-23 this article is a candidate in the general election for the office
35-24 for a subsequent consecutive term of the same office, until at
35-25 least the end of the term of office filled at that general
35-26 election, without regard to who is elected to serve for that term.
35-27 (f) The requirements of the Constitution of 1876 that
36-1 certain officers of the executive department reside at the seat of
36-2 government or maintain an office or records at the seat of
36-3 government continue in effect as if provided by statute until
36-4 otherwise provided by law.
36-5 ARTICLE 5. JUDICIAL BRANCH
36-6 Sec. 5.01. JUDICIAL POWER. (a) The judicial power of this
36-7 state is vested in the judicial branch, which consists of the
36-8 supreme court, courts of appeals, district courts, and such other
36-9 courts as may be provided by law.
36-10 (b) The legislature by law shall establish the jurisdiction
36-11 of the courts of this state, subject to the provisions of this
36-12 constitution governing that jurisdiction. The jurisdiction of all
36-13 courts on the same level shall be uniform statewide.
36-14 Sec. 5.02. SUPREME COURT. (a) The Supreme Court of Texas
36-15 consists of the chief justice, 14 justices, and such other
36-16 officials as provided by law. Seven of the justices constitute the
36-17 civil division of the supreme court, and the other seven justices
36-18 constitute the criminal division. One of the justices on each
36-19 division is selected in the manner provided by law as presiding
36-20 justice of that division. Four members of a division constitute a
36-21 quorum, and the concurrence of four justices is necessary for a
36-22 decision in a case. A division may sit en banc or in sections as
36-23 designated by the division to hear argument of cases and to
36-24 consider petitions for review or other preliminary matters. The
36-25 chief justice may sit on either division or both divisions, as
36-26 provided by court rule. The supreme court may determine by rule
36-27 how conflicts between divisions should be resolved and under what
37-1 circumstances the chief justice may call the full court to sit en
37-2 banc.
37-3 (b) To serve in the office of chief justice or justice, a
37-4 person must be licensed to practice law in this state, be a citizen
37-5 of the United States and a resident of this state, and have been at
37-6 the time of appointment a practicing lawyer or a judge of a court
37-7 of record in this state for a total of at least 10 years.
37-8 Sec. 5.03. JURISDICTION OF SUPREME COURT. (a) The supreme
37-9 court is the highest court of the state and shall exercise the
37-10 judicial power of the state except as otherwise provided by this
37-11 constitution. Its jurisdiction shall be coextensive with the
37-12 limits of the state, and its determinations shall be final. Its
37-13 appellate jurisdiction shall be final and shall extend to all cases
37-14 except as otherwise provided by this constitution or by law.
37-15 (b) The appeal of all cases in which the death penalty has
37-16 been assessed shall be directly to the supreme court. The supreme
37-17 court may, on its own motion, review a decision of a court of
37-18 appeals as provided by law. The appeal of all other cases shall be
37-19 to the courts of appeals as prescribed by law.
37-20 (c) The supreme court and each division of the court may
37-21 issue writs of habeas corpus, mandamus, procedendo, and certiorari,
37-22 and other writs necessary to enforce the court's jurisdiction. The
37-23 legislature may confer original jurisdiction on the supreme court
37-24 to issue writs of quo warranto and mandamus, except as against the
37-25 governor.
37-26 (d) The supreme court may, on affidavit or otherwise as
37-27 determined by the court, ascertain matters of fact as necessary to
38-1 the proper exercise of its jurisdiction.
38-2 (e) The supreme court has jurisdiction to answer questions
38-3 of state law certified from federal appellate courts under rules of
38-4 procedure promulgated by the court.
38-5 (f) The legislature may provide by law for an appeal
38-6 directly to the supreme court from an order of any trial court
38-7 granting or denying an interlocutory or permanent injunction on the
38-8 grounds of the constitutionality or unconstitutionality of a
38-9 statute of this state or on the validity or invalidity of any
38-10 administrative order issued by any state agency under a statute of
38-11 this state.
38-12 (g) The supreme court may sit at any time during the year at
38-13 the seat of government or at any other location the court
38-14 determines appropriate for the transaction of business, and its
38-15 term shall begin and end with each calendar year.
38-16 (h) The supreme court may promulgate rules of administration
38-17 not inconsistent with law as may be necessary for the efficient and
38-18 uniform administration of justice in the courts, and may promulgate
38-19 other rules as authorized by this constitution or by law, subject
38-20 to the limitations and procedures provided by law.
38-21 Sec. 5.04. COURTS OF APPEALS. The legislature by law shall
38-22 establish one or more districts and in each provide for a court of
38-23 appeals consisting of a chief judge and two or more other judges.
38-24 A court of appeals may sit in sections if authorized by law. The
38-25 concurrence of a majority of the judges sitting is necessary to
38-26 decide a case.
38-27 Sec. 5.05. DISTRICT COURTS. (a) Except as limited by
39-1 Subsection (b) of this section, the legislature shall divide the
39-2 state into discrete geographical judicial districts with no
39-3 overlapping geographical areas. Each district shall have one
39-4 district court having one or more judges. Districts composed of
39-5 more than one county must be compact and of contiguous counties.
39-6 The legislature shall determine the number and location of
39-7 districts and the number of judges in each district.
39-8 (b) A judicial district may not be smaller in size than an
39-9 entire county.
39-10 (c) The district courts have original jurisdiction over all
39-11 actions and matters for which exclusive jurisdiction is not
39-12 otherwise provided by law.
39-13 Sec. 5.06. COUNTY AND JUSTICE COURTS. (a) There is in each
39-14 county in this state a county court, which shall be a court of
39-15 record. A county court has the jurisdiction provided by law. The
39-16 county judge is the presiding officer of the county court and has
39-17 the judicial functions provided by law. The county judge is
39-18 elected by the voters of the county for a term of office of four
39-19 years.
39-20 (b) The governing body of each county shall:
39-21 (1) from time to time divide the county into justice
39-22 of the peace precincts in the number provided by law; and
39-23 (2) establish and maintain one or more justice of the
39-24 peace courts, each serving one or more precincts in the manner
39-25 prescribed by law.
39-26 (c) A justice of the peace is elected for a four-year term
39-27 in the manner prescribed by law by the qualified voters of the
40-1 precinct or precincts served by the justice of the peace court. A
40-2 vacancy in the office of justice of the peace is filled by
40-3 appointment of the governing body of the county, and the person so
40-4 appointed serves until the next statewide general election.
40-5 Sec. 5.07. MUNICIPAL COURTS. (a) The governing body of a
40-6 municipality may establish and maintain municipal courts as
40-7 provided by law or by charter as authorized by law.
40-8 (b) A municipal court judge is selected in the manner
40-9 prescribed by law or by charter as authorized by law.
40-10 Sec. 5.08. JUDICIAL QUALIFICATIONS. (a) To be eligible to
40-11 serve as a court of appeals judge or district judge, a person must
40-12 be a citizen of the United States, be a resident of this state, be
40-13 licensed to practice law in this state, and satisfy any other
40-14 qualifications provided by law.
40-15 (b) To be eligible to serve as a county judge or a justice
40-16 of the peace, a person must be a citizen of the United States, be a
40-17 resident of the county, and satisfy any other qualifications
40-18 provided by law.
40-19 (c) The legislature shall establish the qualifications for a
40-20 judge of any other court established by law.
40-21 Sec. 5.09. JUDICIAL SELECTION AND TERMS. (a) The chief
40-22 justice and justices of the supreme court, courts of appeals
40-23 judges, and district judges shall, in the first instance, be
40-24 appointed by the governor with the advice and consent of the
40-25 senate. Five supreme court justices shall be appointed each two
40-26 years. The legislature by law may provide for the nomination of
40-27 eligible candidates for appointment to any court by a committee or
41-1 other nominating authority established by law and may require an
41-2 appointment to be made from the nominees of a nominating authority.
41-3 (b) The term of office for the chief justice, a justice of
41-4 the supreme court, and a court of appeals judge is six years. The
41-5 term of office for district judges is four years.
41-6 (c) In case of a vacancy in the office of the chief justice
41-7 or a supreme court justice, court of appeals judge, or district
41-8 judge, the governor shall fill the vacancy for the remainder of the
41-9 unexpired term by appointment with the advice and consent of the
41-10 senate.
41-11 (d) At the expiration of each term of office, the chief
41-12 justice or a justice of the supreme court, court of appeals judge,
41-13 or district judge who chooses to seek another term in the same
41-14 office is subject to a nonpartisan retention election without an
41-15 opponent, in which the qualified voters in the election vote either
41-16 "yes" or "no" on the proposition of an additional term for the
41-17 incumbent justice or judge. The retention election for the chief
41-18 justice or a justice of the supreme court shall be statewide. The
41-19 retention election for a court of appeals judge or district judge
41-20 shall be by the qualified voters of the district served by the
41-21 court. If the majority of votes cast at the election favor
41-22 retention, the incumbent is reelected to a subsequent term. If the
41-23 majority of votes cast at the election do not favor retention, the
41-24 office becomes vacant, in which case the governor shall appoint
41-25 another person to the office for the next term.
41-26 (e) The legislature by law may prescribe a mandatory
41-27 retirement age for justices and judges of appellate and district
42-1 courts.
42-2 Sec. 5.10. REMOVAL AND DISCIPLINE OF JUDGES. (a) The
42-3 governor shall remove the chief justice or a justice of the supreme
42-4 court on the address of two-thirds of the members of each house of
42-5 the legislature for wilful neglect of duty, incompetency,
42-6 oppression in office, or other reasonable cause not sufficient
42-7 grounds for impeachment, as determined by the legislature.
42-8 (b) The legislature by law shall provide for a commission on
42-9 judicial conduct and may provide for the removal, mandatory
42-10 retirement, suspension, or censure of the chief justice or a
42-11 justice of the supreme court, a judge or magistrate, a justice of
42-12 the peace, or a court master.
42-13 Sec. 5.11. REMOVAL OF COUNTY OFFICERS. A county judge,
42-14 county attorney, clerk of a district or county court, justice of
42-15 the peace, constable, or other county officer may be removed by a
42-16 district court for incompetency, official misconduct, habitual
42-17 drunkenness, or other cause defined by law, on the petition of the
42-18 county attorney, district attorney, or criminal district attorney.
42-19 The officer whose removal is sought has the right to a trial of the
42-20 matter by a jury.
42-21 Sec. 5.12. CLERKS. (a) The supreme court shall appoint a
42-22 clerk who serves a six-year term of office unless removed by action
42-23 of the court recorded on the minutes of the court.
42-24 (b) The judges of a court of appeals may appoint a clerk to
42-25 the court in the manner provided by law. The judge or judges of
42-26 each district court by majority vote may appoint a clerk for the
42-27 court in the manner provided by law. The voters of each county
43-1 shall elect a county clerk for the county courts of the county. A
43-2 clerk appointed or elected under this subsection serves a four-year
43-3 term of office. A clerk appointed under this subsection may be
43-4 removed by action of the appointing judge or judges recorded on the
43-5 minutes of the court.
43-6 Sec. 5.13. JURIES. (a) A grand jury in a district court
43-7 consists of 12 persons, 9 of whom constitute a quorum.
43-8 (b) A trial jury in a district court consists of 12 persons,
43-9 except that a trial jury for a criminal misdemeanor case consists
43-10 of 6 persons, and its verdict must be unanimous. The legislature
43-11 by law may provide that a district court jury in a civil or
43-12 misdemeanor case may consist of fewer than 12 persons but not fewer
43-13 than 6 persons. Not less than a majority of the members of a
43-14 district court jury may be authorized to render a verdict.
43-15 (c) A trial jury in a court inferior to the district court
43-16 consists of six persons, and its verdict must be unanimous, except
43-17 that the legislature by law may provide that in civil cases a
43-18 verdict may be rendered by fewer than six jurors.
43-19 (d) The legislature by law shall provide the qualifications
43-20 for a grand juror and a trial juror.
43-21 (e) Each party in a civil cause in the district or inferior
43-22 courts has a right of trial by jury on demand as provided by law
43-23 or, in the absence of law, by rule of the supreme court. A jury
43-24 may not be impaneled in any cause until a jury fee is paid if
43-25 required by law.
43-26 (f) The legislature by law may provide for a jury in a
43-27 criminal case to be informed about a law or other procedure, such
44-1 as parole, mandatory supervision, or good conduct time, that may
44-2 affect the time that a person sentenced to incarceration will
44-3 serve.
44-4 Sec. 5.14. APPEAL OF ACCUSED. (a) A person convicted of a
44-5 criminal offense in a trial court has a right to an appeal to the
44-6 court having jurisdiction.
44-7 (b) An appeal to the supreme court in a criminal case is at
44-8 the discretion of the supreme court unless otherwise provided by
44-9 this constitution or by law.
44-10 Sec. 5.15. STATE'S RIGHT TO APPEAL IN CRIMINAL CASES. The
44-11 state is entitled to appeal in criminal cases as authorized by law.
44-12 Sec. 5.16. SUSPENSION OF SENTENCE AND PROBATION. A court
44-13 having original jurisdiction of a criminal case may suspend
44-14 sentence, place a defendant on probation, and reimpose sentence,
44-15 subject to regulation by law.
44-16 TEMPORARY TRANSITION PROVISIONS. (a) This article takes
44-17 effect September 1, 2001.
44-18 (b) Each justice of the supreme court and court of criminal
44-19 appeals serving on the effective date of this article continues in
44-20 office as a justice of the supreme court after this article takes
44-21 effect. The persons serving as justices of the supreme court
44-22 constitute the justices of the civil division and the persons
44-23 serving as justices of the court of criminal appeals constitute the
44-24 justices of the criminal division. The person serving as chief
44-25 justice of the supreme court becomes the presiding justice of the
44-26 civil division and the person serving as presiding judge of the
44-27 court of criminal appeals becomes the presiding justice of the
45-1 criminal division. At the expiration of the term of office being
45-2 served on the effective date and at the end of each subsequent
45-3 term, each of those justices seeking to serve a subsequent term on
45-4 the supreme court in the same office is subject to a retention
45-5 election in the manner provided by this article. A position on the
45-6 supreme court held by a former supreme court or court of criminal
45-7 appeals justice under this subsection shall be filled as provided
45-8 by Section 5.09 of this constitution only when the justice resigns
45-9 or otherwise leaves office or when the justice's term ends and the
45-10 justice does not run for retention or is not retained after running
45-11 in a retention election. The first vacancies on the civil division
45-12 and the criminal division occurring after the effective date of
45-13 this article that would otherwise be filled as provided by Section
45-14 5.09 of this constitution may not be filled until the number of
45-15 justices in each division is reduced to seven as provided by
45-16 Section 5.02 of this constitution. On the effective date of this
45-17 article, the governor with the advice and consent of the senate
45-18 shall appoint a person to serve as chief justice of the supreme
45-19 court for a term that expires January 1, 2007.
45-20 (c) All other courts established by law and in existence on
45-21 the effective date of this article continue to exist with the
45-22 powers and jurisdiction provided by law on the effective date until
45-23 the legislature by law provides otherwise in conformance with this
45-24 constitution. Each judge serving on the effective date of this
45-25 article continues in office as a judge of the same court when this
45-26 article takes effect, and serves the same term to which elected or
45-27 appointed before the effective date, unless otherwise provided by
46-1 law. In changing the courts in existence on the effective date of
46-2 this article in conformance with this article, the legislature may
46-3 provide by law for the implementation of this article, including
46-4 provisions for the transfer of a judge from one court to another,
46-5 for the abolition of a court or judicial office, or for the
46-6 shortening or extension of the term of a judge or judicial office.
46-7 Each term of judicial office that begins on or after the effective
46-8 date of this article and each judicial vacancy that occurs on or
46-9 after that effective date shall be filled by appointment as
46-10 provided by this article, except that the legislature by law may
46-11 provide that, at the expiration of the term of office being served
46-12 on the effective date, the judge of a court of appeals or district
46-13 court seeking to serve a subsequent term on the same court or on
46-14 another court of the same type for which the person is eligible is
46-15 subject to a retention election in the manner provided by this
46-16 article.
46-17 (d) Unless otherwise provided by the supreme court under
46-18 this subsection or by other law, a matter pending in any court on
46-19 the effective date of this article remains pending in that court
46-20 for disposition in the manner provided by the law in effect when
46-21 the matter was filed in that court. A matter pending before the
46-22 court of criminal appeals immediately before the effective date is
46-23 considered pending in the supreme court on the effective date. The
46-24 supreme court by rule or order may make any provision necessary to
46-25 ensure that a change made by this article or by the legislature in
46-26 conformance with this article does not adversely affect the
46-27 substantial rights of any party having a matter pending before any
47-1 court on the effective date.
47-2 (e) Except as otherwise provided by law, rules adopted by a
47-3 court that are in effect on the effective date of this article are
47-4 continued in effect until superseded by law or court rule adopted
47-5 under the authority of this article.
47-6 (f) Members of the State Judicial Qualifications Commission
47-7 on the effective date of this article continue in office, and the
47-8 existing commission shall continue to operate pursuant to Section
47-9 1-a, Article V, Constitution of 1876, until otherwise provided by
47-10 law.
47-11 (g) The clerks of the courts serving on the effective date
47-12 of this article continue in office under the law in effect on the
47-13 effective date. A clerk holding elected office continues in office
47-14 for the remainder of the term being served. A clerk holding an
47-15 appointed position serves until the expiration of the clerk's term,
47-16 if any, or until another clerk is selected as provided by this
47-17 article or by law.
47-18 (h) Before January 1, 2003, the supreme court by rule or
47-19 order may adopt any additional saving or transitional procedures or
47-20 provisions the supreme court considers appropriate to implement
47-21 this article fairly and efficiently. A rule or order under this
47-22 subsection may be superseded by statute.
47-23 ARTICLE 6. VOTER QUALIFICATIONS AND ELECTIONS
47-24 Sec. 6.01. QUALIFICATIONS FOR VOTING. A United States
47-25 citizen who is at least 18 years of age and who meets the
47-26 registration and residence requirements provided by law is a
47-27 qualified voter unless the person has been finally convicted of a
48-1 felony and has not had the disabilities of that conviction removed
48-2 as provided by law or unless the person has been determined
48-3 mentally incompetent by a final judgment of a court.
48-4 Sec. 6.02. ELECTIONS. (a) Voting by the people in all
48-5 elections shall be by secret ballot.
48-6 (b) The legislature shall provide by law for residence,
48-7 registration, and early voting requirements, for the administration
48-8 and conduct of elections, and for the protection of the integrity
48-9 of the electoral process.
48-10 (c) The statewide general election shall be held in
48-11 even-numbered years on a date prescribed by law.
48-12 TEMPORARY TRANSITION PROVISION. This article takes effect
48-13 September 1, 2001.
48-14 ARTICLE 7. EDUCATION
48-15 Sec. 7.01. EQUITABLE SUPPORT OF PUBLIC FREE SCHOOLS. (a) A
48-16 general diffusion of knowledge being essential to the preservation
48-17 of the liberties and rights of the people, the legislature shall
48-18 establish and make suitable provision for the support and
48-19 maintenance of an efficient system of public free schools.
48-20 (b) In order to satisfy the requirements of Subsection (a)
48-21 of this section:
48-22 (1) not more than 15 percent of the state's public
48-23 free school students, as defined by law, may be enrolled in school
48-24 districts in which the financial resources available per student
48-25 are not equalized by the state; and
48-26 (2) except for those districts described by
48-27 Subdivision (1) of this subsection, each school district must have
49-1 substantially equal access to similar revenues per pupil at similar
49-2 tax rates.
49-3 Sec. 7.02. SCHOOL AND COMMUNITY COLLEGE DISTRICTS. The
49-4 legislature by general law shall provide for establishing,
49-5 financing, consolidating, and abolishing school districts and
49-6 community college districts and shall define their powers.
49-7 Sec. 7.03. PERMANENT AND AVAILABLE SCHOOL FUNDS. (a) The
49-8 permanent school fund consists of the property set apart, before or
49-9 after this article takes effect, for the support of public free
49-10 schools, the proceeds from sale and mineral development of the
49-11 property, and the property purchased with the proceeds.
49-12 (b) The permanent school fund is held in perpetual trust for
49-13 the public free schools. The principal of the fund may not be
49-14 spent except as provided in Subsection (d) or (e) of this section.
49-15 The land of the permanent school fund may be sold, leased, or
49-16 exchanged as provided by law.
49-17 (c) The available school fund consists of the income from
49-18 the permanent school fund and the state taxes dedicated to the
49-19 available school fund. The available school fund shall be used
49-20 exclusively for the administration of the permanent school fund and
49-21 the support of the state's public free schools in the manner
49-22 prescribed by general law.
49-23 (d) The legislature by general law may allocate to the
49-24 available school fund not more than one-half of the capital gains
49-25 on investment of the permanent school fund.
49-26 (e) The legislature by general law may provide for using the
49-27 permanent school fund and the income from the permanent school fund
50-1 to guarantee bonds issued by school districts. The legislature
50-2 shall provide for the recovery from the appropriate school district
50-3 of any permanent school fund money required to be expended as a
50-4 result of the bond guarantees authorized by this subsection.
50-5 (f) The State Board of Education shall manage the assets of
50-6 the permanent school fund in the manner prescribed by general law.
50-7 Subject to general law, the board may acquire, exchange, sell,
50-8 supervise, manage, or retain, through procedures and subject to
50-9 restrictions it establishes and in amounts it considers
50-10 appropriate, any kind of investment, including investments in the
50-11 Texas growth fund created by Section 8.20 of this constitution,
50-12 that persons of ordinary prudence, discretion, and intelligence,
50-13 exercising the judgment and care under the circumstances then
50-14 prevailing, acquire or retain for their own account in the
50-15 management of their affairs, not in regard to speculation but in
50-16 regard to the permanent disposition of their funds, considering the
50-17 probable income as well as the probable safety of their capital.
50-18 Sec. 7.04. STATE BOARD OF EDUCATION. The legislature shall
50-19 provide by law for a state board of education, whose members shall
50-20 be appointed or elected in the manner and by the authority
50-21 provided by law and shall serve for such terms as provided by law,
50-22 not to exceed six years. The board shall perform the duties
50-23 prescribed by law or by this constitution.
50-24 Sec. 7.05. HIGHER EDUCATION SYSTEM. The legislature shall
50-25 provide for the creation, management, maintenance, and support of a
50-26 public higher education system consisting of a university of the
50-27 first class styled "The University of Texas," other institutions of
51-1 the first class, and university systems, system component
51-2 universities, community colleges, and other institutions of higher
51-3 education as may be created by law.
51-4 Sec. 7.06. PERMANENT UNIVERSITY FUND. (a) The permanent
51-5 university fund is established for the purpose of creating and
51-6 maintaining a high level of academic excellence in a limited number
51-7 of world-class research universities in the state and consists of:
51-8 (1) the land identified in Section 15, Article VII,
51-9 Constitution of 1876, as amended and as it existed on January 1,
51-10 1994, and the Legislative Act of April 10, 1883;
51-11 (2) the proceeds from sale and mineral development of
51-12 the land; and
51-13 (3) the property purchased with the proceeds.
51-14 (b) The permanent university fund is held in perpetual trust
51-15 for the people of this state and for the use and benefit of The
51-16 University of Texas at Austin, Texas A&M University at College
51-17 Station, and Prairie View A&M University. The principal of the
51-18 fund may not be spent.
51-19 (c) The board of regents of The University of Texas System
51-20 may sell, lease, exchange, or otherwise manage the assets of the
51-21 fund in the manner prescribed by law and shall invest all proceeds.
51-22 Subject to general law, the board may acquire, exchange, sell,
51-23 supervise, manage, or retain, through procedures and subject to
51-24 restrictions it establishes and in amounts it considers
51-25 appropriate, any kind of investment, including investments in the
51-26 Texas growth fund created by Section 8.20 of this constitution,
51-27 that persons of ordinary prudence, discretion, and intelligence,
52-1 exercising the judgment and care under the circumstances then
52-2 prevailing, acquire or retain for their own account in the
52-3 management of their affairs, not in regard to speculation but in
52-4 regard to the permanent disposition of their funds, considering the
52-5 probable income as well as the probable safety of their capital.
52-6 (d) The available university fund consists of the income
52-7 from the permanent university fund less administrative expense and
52-8 less the net income from grazing leases of permanent university
52-9 fund land. For each of the universities entitled to benefits from
52-10 the permanent university fund, its governing body shall annually be
52-11 appropriated that institution's share of the available university
52-12 fund for the support and maintenance of excellence at the
52-13 university.
52-14 (e) Subject to general law, the board of regents of The
52-15 University of Texas System and the board of regents of The Texas
52-16 A&M University System may issue bonds and notes, and pledge their
52-17 respective shares of the available university fund to the payment
52-18 of the principal of and interest on those bonds and notes, for the
52-19 purpose of acquiring land either with or without permanent
52-20 improvements, constructing and equipping buildings and other
52-21 permanent improvements, major repair and rehabilitation of
52-22 buildings and other permanent improvements, acquiring capital
52-23 equipment and library books and library materials, and refunding
52-24 bonds or notes issued under this section. Bonds and notes issued
52-25 under this subsection shall be for the benefit of the institutions
52-26 described by Subsection (b) of this section.
52-27 Sec. 7.07. HIGHER EDUCATION CAPITAL FUND. (a) Each fiscal
53-1 year there is appropriated out of the first money coming into the
53-2 state treasury not otherwise appropriated by this constitution $250
53-3 million to be used by the state's institutions of higher education,
53-4 other than The University of Texas at Austin, Texas A&M University
53-5 at College Station, Prairie View A&M University, or a junior
53-6 college, for the purpose of acquiring land either with or without
53-7 permanent improvements, constructing and equipping buildings or
53-8 other permanent improvements, major repair or rehabilitation of
53-9 buildings and other permanent improvements, and acquiring capital
53-10 equipment, library books, and library materials. The legislature
53-11 may appropriate additional money for that purpose.
53-12 (b) The governing board of an institution authorized to
53-13 participate in the distribution of money under this section may
53-14 issue negotiable bonds or notes for the benefit of the institution
53-15 payable from the institution's allocations under this section. The
53-16 aggregate principal amount of the bonds may not exceed 50 percent
53-17 of the value of the funds appropriated to the institution under
53-18 this section. The bonds or notes may be used for the purposes
53-19 enumerated in this section. The legislature may, by provision in
53-20 the general appropriations bill, adjust the allocation of the funds
53-21 for the ensuing biennium, but may not adjust the appropriation in
53-22 such a way as to impair any obligation created by the issuance of
53-23 bonds or notes in accordance with this section.
53-24 (c) The legislature by general law may provide for and
53-25 regulate:
53-26 (1) the pledge of these funds for bonds or refunding
53-27 bonds;
54-1 (2) the manner of sale and maturities for bonds
54-2 payable from these funds;
54-3 (3) the depository for these funds;
54-4 (4) the transfers of these funds by the comptroller to
54-5 the institutions; and
54-6 (5) the incontestability of bonds approved by the
54-7 attorney general.
54-8 (d) The funds appropriated by this section may not be used
54-9 for the purpose of constructing, equipping, repairing, or
54-10 rehabilitating buildings or other permanent improvements that are
54-11 to be used for student housing, intercollegiate athletics, or
54-12 auxiliary enterprises.
54-13 (e) The legislature by general law may dedicate portions of
54-14 the state's revenues to the creation of a dedicated fund for the
54-15 purposes expressed in Subsection (a) of this section. The principal
54-16 of the fund may not be spent for any purpose except on affirmative
54-17 vote of two-thirds of the membership of each house of the
54-18 legislature. Income from investment of the fund shall be credited
54-19 to the fund until the fund balance equals $2 billion. After the
54-20 balance of the fund equals $2 billion, the income from investment
54-21 of the fund shall be expended for the purposes and in the manner
54-22 described by Subsection (a), except that 10 percent of the income
54-23 shall be credited to the principal of the fund. At the beginning
54-24 of the first fiscal year after the fund balance reaches $2 billion,
54-25 the appropriation required by Subsection (a) shall cease.
54-26 (f) An allocation under this section to the Texas State
54-27 Technical College System and its campuses may not exceed 2.2
55-1 percent of the total of all allocations in any fiscal year.
55-2 TEMPORARY TRANSITION PROVISIONS. (a) This article takes
55-3 effect September 1, 2001.
55-4 (b) The powers directly granted to school districts and
55-5 junior college districts by Section 3-b, Article VII, Constitution
55-6 of 1876, are continued in effect until the effective date of a
55-7 general law that by its terms diminishes or discontinues the powers
55-8 in whole or in part.
55-9 (c) The adoption of this article does not impair any
55-10 obligation created by the issuance of bonds or notes in accordance
55-11 with prior law, and all outstanding bonds and notes validly issued
55-12 under the Constitution of 1876 remain valid, enforceable, and
55-13 binding and shall be paid in full, both principal and interest, in
55-14 accordance with their terms and from the sources pledged to the
55-15 payment of the bonds. The changes made in the allocation of the
55-16 available university fund do not affect the pledges made in
55-17 connection with bonds or notes. The legislature by general law may
55-18 provide for implementation of this provision.
55-19 (d) The money in the higher education fund created under
55-20 Section 17(i), Article VII, Constitution of 1876, on the effective
55-21 date of this article is transferred to the credit of the fund
55-22 created under Section 7.07(e) of this constitution on that
55-23 effective date.
55-24 (e) In any fiscal year the legislature may reduce the amount
55-25 of an appropriation required by Section 7.07(a) of this
55-26 constitution by the amount an institution covered by the applicable
55-27 section receives in that fiscal year from the available university
56-1 fund in connection with an obligation issued by or for the
56-2 institution when the institution was entitled to participate in
56-3 funding from the available university fund.
56-4 (f) The Texas tomorrow fund established under the
56-5 Constitution of 1876 and prior law is continued as a trust fund
56-6 dedicated to the purposes for which the fund was established.
56-7 ARTICLE 8. FINANCE
56-8 Sec. 8.01. STATE TAXATION. (a) State taxes may be levied
56-9 and collected only by general law.
56-10 (b) No state ad valorem tax on real property or tangible
56-11 personal property may be levied for state purposes except that the
56-12 legislature by law may provide for a statewide ad valorem tax to
56-13 provide state support for the public free schools.
56-14 Sec. 8.02. AD VALOREM TAXATION. (a) Except as otherwise
56-15 permitted by this article, in a taxing authority that imposes an ad
56-16 valorem tax, all real property and tangible personal property must
56-17 be taxed equally and uniformly in proportion to its market value.
56-18 (b) A political subdivision of this state may not impose an
56-19 ad valorem tax unless the voters of the political subdivision have
56-20 approved the imposition of an ad valorem tax.
56-21 Sec. 8.03. APPRAISAL OF TAXABLE PROPERTY; EQUALIZATION. (a)
56-22 The legislature by law shall provide for the establishment and
56-23 enforcement of standards and procedures for appraisal of property
56-24 for ad valorem tax purposes. These standards must:
56-25 (1) be applied uniformly throughout the state; and
56-26 (2) provide for equalizing to the greatest extent
56-27 possible the valuation of all property subject to taxation.
57-1 (b) Except as limited by general law, a taxing authority
57-2 levying an ad valorem tax on property within a county may seek
57-3 countywide enforcement of the standards and procedures under
57-4 Subsection (b) of this section.
57-5 (c) The legislature shall provide by law for a single
57-6 appraisal within each county and all property subject to ad valorem
57-7 taxation by the county and all other taxing authorities located in
57-8 the county.
57-9 (d) The legislature by law may authorize an appraisal
57-10 outside a county if:
57-11 (1) the taxing authority is located in more than one
57-12 county; or
57-13 (2) two or more counties elect to consolidate
57-14 appraisal services.
57-15 (e) The legislature by law shall provide for a single board
57-16 of equalization for each appraisal entity. The board must consist
57-17 of qualified persons residing within the territory appraised by the
57-18 entity. A member of the board may not be an elected official of
57-19 the county or the governing body of a taxing unit.
57-20 (f) The costs and expenses of appraisals are to be allocated
57-21 among the taxing authorities in the manner prescribed by law.
57-22 (g) The legislature shall by law prescribe the methods,
57-23 timing, and administrative process for implementing this section.
57-24 Sec. 8.04. AD VALOREM TAXATION OF RAILROAD ROLLING STOCK.
57-25 The rolling stock of a railroad company may be appraised for ad
57-26 valorem taxation in gross as provided by law and the appraised
57-27 value of the rolling stock apportioned for taxation among the
58-1 counties in proportion to the length of the railroad bed located in
58-2 each county on which the railroad company operates the rolling
58-3 stock.
58-4 Sec. 8.05. AUTHORITY FOR AD VALOREM TAX EXEMPTIONS. The
58-5 legislature may provide exemptions and other relief from ad valorem
58-6 taxation in addition to that provided by this constitution.
58-7 Sec. 8.06. AD VALOREM TAX RELIEF FOR RESIDENCE HOMESTEADS.
58-8 (a) The amount of $3,000 of the market value of the residence
58-9 homestead of a married or unmarried adult individual is exempt from
58-10 state ad valorem taxation.
58-11 (b) The amount of $15,000 of the market value of the
58-12 residence homestead of a married or unmarried adult individual is
58-13 exempt from taxation for general elementary and secondary public
58-14 school purposes. The legislature by law may provide that all or
58-15 part of the exemption does not apply to a taxing authority that is
58-16 not the principal school district providing general elementary and
58-17 secondary public education throughout its territory.
58-18 (c) The total amount of ad valorem taxes imposed for general
58-19 elementary and secondary public school purposes each year on the
58-20 residence homestead of an individual who is 65 years of age or
58-21 older may not be increased in any year while it remains the
58-22 residence homestead of the individual or, if the individual dies,
58-23 of the individual's surviving spouse who is 55 years of age or
58-24 older on the date the individual dies, subject to any exceptions
58-25 provided by law. The legislature by law may provide for the
58-26 transfer of all or a proportionate amount of a limitation provided
58-27 by this subsection for a person who qualifies for the limitation
59-1 and establishes a different residence homestead. Taxes limited by
59-2 this subsection may be increased to the extent the market value of
59-3 the homestead is increased by improvements, other than improvements
59-4 made to comply with governmental requirements.
59-5 (d) The legislature by law may define "residence homestead"
59-6 for purposes of this section and may prescribe procedures for the
59-7 administration of exemptions under this section.
59-8 Sec. 8.07. APPRAISAL FOR TAXATION OF AGRICULTURAL AND OTHER
59-9 OPEN-SPACE LAND. (a) The legislature by general law shall provide
59-10 for the ad valorem taxation of open-space land used for
59-11 agricultural use or other farm or ranch purposes, wildlife
59-12 management, or timber production on the basis of the land's
59-13 productive capacity for those purposes. For purposes of this
59-14 section, "agricultural use" means the raising of livestock or
59-15 growing of crops, fruit, flowers, and other products of the soil
59-16 under natural conditions as a business venture for profit.
59-17 (b) The legislature may provide eligibility limitations and
59-18 impose sanctions in furtherance of the purposes of this section.
59-19 Sec. 8.08. OTHER AD VALOREM TAX EXEMPTIONS. (a) Public
59-20 property held primarily for public purposes is exempt from ad
59-21 valorem taxation.
59-22 (b) The legislature by general law shall exempt from ad
59-23 valorem taxation household goods and personal effects not held or
59-24 used for the production of income.
59-25 (c) Farm products, livestock, and poultry in the hands of
59-26 the producer, and family supplies for home and farm use, are exempt
59-27 from ad valorem taxation.
60-1 (d) Implements of husbandry used in the production of farm
60-2 or ranch products are exempt from ad valorem taxation.
60-3 Sec. 8.09. AD VALOREM TAX EXEMPTION FOR FREEPORT GOODS. (a)
60-4 To promote economic development in this state, tangible personal
60-5 property and ores, other than oil, gas, or other petroleum
60-6 products, are exempt from ad valorem taxation if:
60-7 (1) the property is acquired in or imported into this
60-8 state to be forwarded outside of this state, whether or not the
60-9 intention to forward the property outside this state is formed or
60-10 the destination to which the property is forwarded is specified
60-11 when the property is acquired in or imported into this state;
60-12 (2) the property is detained in this state for
60-13 assembling, storing, manufacturing, processing, or fabricating
60-14 purposes by the person who acquired or imported the property; and
60-15 (3) the property is transported outside this state not
60-16 later than 175 days after the date the person acquired or imported
60-17 the property.
60-18 (b) Property otherwise exempt under Subsection (a) of this
60-19 section is subject to ad valorem taxation by a taxing authority
60-20 that elected to tax the property as provided by law before January
60-21 1, 1990, unless the taxing authority subsequently elects to exempt
60-22 the property from ad valorem taxation by the taxing authority. A
60-23 taxing authority that elects to exempt the property from taxation
60-24 may not tax the property at any time after that election.
60-25 Sec. 8.10. SALE OF PROPERTY FOR DELINQUENT TAXES. The
60-26 legislature by law may provide for the sale of land or other
60-27 property for delinquent ad valorem taxes, as well as for the rights
61-1 to the redemption of that land or property.
61-2 Sec. 8.11. PERSONAL INCOME TAX. A general law enacted by
61-3 the legislature that imposes a tax on the net incomes of natural
61-4 persons must provide that the portion of the law imposing the tax
61-5 not take effect until approved by a majority of the registered
61-6 voters voting in a statewide referendum held on the question of
61-7 imposing the tax. A condition stated in the referendum relating to
61-8 the tax may not be changed while the tax is imposed unless the
61-9 change is approved at a subsequent referendum under this section.
61-10 Sec. 8.12. PUBLIC FUNDS. (a) Public funds and public
61-11 credit may be used only for public purposes.
61-12 (b) The legislature may not grant or authorize the grant of
61-13 state money to a political subdivision of this state except for a
61-14 governmental purpose or as expressly authorized by this
61-15 constitution.
61-16 (c) Public funds or public credit may not be used to
61-17 influence the election of a public office.
61-18 Sec. 8.13. REVENUE FROM MOTOR VEHICLE REGISTRATION FEES AND
61-19 TAXES ON MOTOR FUELS AND LUBRICANTS. (a) Except as provided by
61-20 Subsection (b) of this section, and subject to legislative
61-21 appropriation, allocation, and direction, all net revenue remaining
61-22 after payment of all refunds allowed by law and expenses of
61-23 collection derived from motor vehicle registration fees and all
61-24 taxes, except gross production and ad valorem taxes, on motor fuels
61-25 and lubricants used to propel motor vehicles over public roadways
61-26 shall be used only for the following purposes:
61-27 (1) acquiring rights-of-way for the public roadways;
62-1 (2) constructing, maintaining, and policing the public
62-2 roadways; and
62-3 (3) administering the laws pertaining to the
62-4 supervision of traffic and safety on the public roadways.
62-5 (b) One-fourth of the net revenue from the tax on motor
62-6 fuels described by Subsection (a) of this section shall be used as
62-7 provided by law for the support of the public free schools.
62-8 (c) All revenue received from the federal government as
62-9 reimbursement for state expenditures of funds that are themselves
62-10 dedicated for acquiring rights-of-way and constructing,
62-11 maintaining, and policing public roadways as provided by Subsection
62-12 (a) of this section shall be used only for those purposes.
62-13 Sec. 8.14. STATE DEBT. (a) In this section, "state debt"
62-14 means bonds or other evidence of indebtedness secured by the
62-15 general credit of the state or to be repaid from taxes, fees,
62-16 tuition, or other revenue or income of the state, including revenue
62-17 or income of a state agency or institution having statewide
62-18 jurisdiction or of a state senior college or university. "State
62-19 debt" does not include bonds or other evidences of indebtedness
62-20 issued to finance a project if the debt is authorized by law and is
62-21 payable solely from revenue generated by the project.
62-22 (b) State debt may not be incurred except:
62-23 (1) to supply casual deficiencies of revenue, not to
62-24 exceed in the aggregate at any one time $500,000;
62-25 (2) to repel invasion, suppress insurrection, or
62-26 defend the state in war;
62-27 (3) as otherwise authorized by this constitution; or
63-1 (4) as authorized by Subsections (c) through (g) of
63-2 this section.
63-3 (c) The legislature, by joint resolution approved by at
63-4 least two-thirds of the members of each house, may from time to
63-5 time call an election and submit to the eligible voters of this
63-6 state one or more propositions that, if approved by a majority of
63-7 those voting on the question, authorize the legislature to create
63-8 state debt for the purposes and subject to the limitations stated
63-9 in the applicable proposition. Each election and proposition must
63-10 conform to the requirements of Subsections (d) and (e) of this
63-11 section.
63-12 (d) The legislature may call an election under Subsection
63-13 (c) of this section during any regular session of the legislature
63-14 or during any special session of the legislature in which the
63-15 subject of the election is designated in the governor's
63-16 proclamation for that special session. The election may be held on
63-17 any date authorized by law, and notice of the election shall be
63-18 given for the period and in the manner required for amending this
63-19 constitution. The election shall be held in each county in the
63-20 manner provided by law for other statewide elections.
63-21 (e) A proposition must clearly describe the amount and
63-22 purpose for which debt is to be created and must describe the
63-23 source of payment for the debt. Except as provided by law under
63-24 Subsection (g) of this section, the amount of debt stated in the
63-25 proposition may not be exceeded and may not be renewed after the
63-26 debt has been created unless the right to exceed or renew is stated
63-27 in the proposition.
64-1 (f) The legislature may enact all laws necessary or
64-2 appropriate to implement the authority granted by a proposition
64-3 that is approved as provided by Subsection (c) of this section. A
64-4 law enacted in anticipation of the election is valid if, by its
64-5 terms, it is subject to the approval of the related proposition.
64-6 (g) State debt authorized under this section may be refunded
64-7 in the manner and amount and subject to the conditions provided by
64-8 law.
64-9 (h) State debt authorized under this section and approved by
64-10 the attorney general in accordance with applicable law is
64-11 incontestable for any reason.
64-12 Sec. 8.15. LIMIT ON STATE DEBT. (a) The legislature may
64-13 not create additional state debt payable from the general revenue
64-14 fund if the resulting annual debt service exceeds the limitation
64-15 imposed by this section. The maximum annual debt service in any
64-16 fiscal year on state debt payable from the general revenue fund may
64-17 not exceed five percent of an amount equal to the average of the
64-18 amount of general revenue fund revenues, excluding revenues
64-19 constitutionally dedicated for purposes other than payment of state
64-20 debt, for the three preceding fiscal years.
64-21 (b) For purposes of this section, "state debt payable from
64-22 the general revenue fund" means general obligation and revenue
64-23 bonds, including authorized but unissued bonds, and lease-purchase
64-24 agreements in an amount greater than $250,000, which bonds or lease
64-25 purchase agreements are designed to be repaid with the general
64-26 revenues of the state. The term does not include bonds that,
64-27 although backed by the full faith or credit of the state, are
65-1 reasonably expected to be paid from other revenue sources and that
65-2 are not expected to create a general revenue draw. Bonds or
65-3 lease-purchase agreements that pledge the full faith and credit of
65-4 the state are considered to be reasonably expected to be paid from
65-5 other revenue sources if they are designed to receive revenues
65-6 other than state general revenues sufficient to cover their debt
65-7 service over the life of the bonds or agreement. If those bonds or
65-8 agreements, or any portion of the bonds or agreements, subsequently
65-9 require use of the state's general revenue for payment, the bonds
65-10 or agreements, or portion of the bonds or agreements, are
65-11 considered to be a "state debt payable from the general revenue
65-12 fund" under this section, until:
65-13 (1) the bonds or agreements are backed by insurance or
65-14 another form of guarantee that ensures payment from a source other
65-15 than general revenue; or
65-16 (2) the issuer demonstrates in the manner provided by
65-17 law that the bonds no longer require payment from general revenue.
65-18 Sec. 8.16. APPROPRIATIONS. (a) All money received or
65-19 collected by the state or any state agency, including the proceeds
65-20 of a judgment, may be spent only as provided by legislative
65-21 appropriation. This subsection does not apply to money received
65-22 and held in a trust established by law or by this constitution for
65-23 a specific beneficiary.
65-24 (b) An appropriation must be made by law, be specific, be
65-25 for a purpose authorized by law, and be for a period not longer
65-26 than two years.
65-27 (c) On the convening of the legislature in regular session,
66-1 the comptroller of public accounts shall submit to the governor and
66-2 the legislature a report that shows:
66-3 (1) the condition of the treasury at the end of the
66-4 preceding fiscal period;
66-5 (2) an estimate of the probable receipts and
66-6 disbursements for the then current fiscal year;
66-7 (3) an itemized estimate of anticipated revenue for
66-8 the succeeding biennium; and
66-9 (4) other information required by law.
66-10 (d) On the convening of a special session of the
66-11 legislature, the comptroller of public accounts shall submit a
66-12 report showing changes from the report most recently submitted
66-13 under Subsection (c) of this section.
66-14 (e) A bill containing an appropriation is not considered
66-15 passed and may not be presented to the governor unless:
66-16 (1) the comptroller of public accounts has certified
66-17 that the amount appropriated is within the amount estimated to be
66-18 available for the applicable period; or
66-19 (2) the appropriation is made in response to
66-20 imperative public necessity and approved by a record affirmative
66-21 four-fifths vote of the membership of each house of the
66-22 legislature.
66-23 (f) On finding that an appropriation in a bill exceeds the
66-24 amount estimated to be available, the comptroller shall endorse
66-25 that finding on the bill, return the bill to the house in which it
66-26 originated, and notify both houses of the legislature of the
66-27 findings and of the return of the bill.
67-1 Sec. 8.17. RESTRICTION ON APPROPRIATIONS. (a) In no
67-2 biennium may the rate of growth of appropriations from state tax
67-3 revenues not dedicated by this constitution exceed the anticipated
67-4 rate of growth of the state's economy. The legislature by general
67-5 law shall provide procedures to implement this subsection.
67-6 (b) If the legislature by adoption of a resolution by a
67-7 record vote of a majority of the members of each house finds that
67-8 an emergency exists and identifies the nature of the emergency, the
67-9 legislature may provide for appropriations in excess of the amount
67-10 authorized by Subsection (a) of this section. The excess
67-11 authorized under this subsection may not exceed the amount
67-12 specified in the resolution.
67-13 (c) Appropriations authorized under Subsection (b) of this
67-14 section are subject to Section 8.16 of this constitution.
67-15 Sec. 8.18. BUDGET EXECUTION. (a) The legislature by law
67-16 may authorize or direct the governor to exercise fiscal control
67-17 over the expenditure of appropriated money.
67-18 (b) The governor shall ensure that items of appropriation
67-19 for the executive department are expended only as directed by the
67-20 legislature.
67-21 (c) The legislature, by rider in an appropriation act or by
67-22 other statute, may authorize an officer or agency of any branch of
67-23 state government to make an expenditure or emergency transfer of
67-24 appropriated money, subject to the conditions provided by the
67-25 appropriation act or other statute.
67-26 Sec. 8.19. LIMITS ON CERTAIN APPROPRIATIONS. (a) The
67-27 maximum amount paid out of state funds for assistance grants to or
68-1 on behalf of needy dependent children and their caretakers may not
68-2 exceed one percent of the state budget for the two years of each
68-3 state fiscal biennium. The legislature by law shall provide for
68-4 the means for determining the state budget amounts, including state
68-5 and other funds appropriated by the legislature, to be used in
68-6 establishing the biennial limit.
68-7 (b) If the limitation provided by Subsection (a) of this
68-8 section is found to be in conflict with the provisions of
68-9 appropriate federal statutes to the extent that federal matching
68-10 money is not available to the state for the specified purposes, the
68-11 legislature may prescribe such limitations and restrictions and
68-12 enact such laws as may be necessary in order that such federal
68-13 matching money will be available.
68-14 Sec. 8.20. TEXAS GROWTH FUND. (a) The Texas growth fund is
68-15 created as a trust fund that invests in new or small businesses,
68-16 businesses with rapid growth potential, or investments in applied
68-17 research and organizational activities leading to business
68-18 formation and opportunities involving new or improved processes or
68-19 products. All investments of the fund shall be directly related to
68-20 the creation, retention, or expansion of employment opportunities
68-21 and economic growth in this state.
68-22 (b) An investing fund or system of the state, without
68-23 liability at law or in equity to members of the governing board of
68-24 the fund or system in their personal or official capacities, may
68-25 cumulatively invest up to one percent of the book value of the fund
68-26 in the Texas growth fund.
68-27 (c) The legislature shall by general law provide for:
69-1 (1) the establishment of the board of trustees for the
69-2 Texas growth fund;
69-3 (2) the appointment of members of the board of
69-4 trustees by the governor and the terms of office for board members;
69-5 (3) the authority of the board of trustees;
69-6 (4) restrictions on and criteria for investments of
69-7 the fund; and
69-8 (5) the audit and review of the fund and its
69-9 investments.
69-10 TEMPORARY TRANSITION PROVISIONS. (a) This article takes
69-11 effect September 1, 2001.
69-12 (b) A political subdivision of this state authorized to
69-13 impose an ad valorem tax on the effective date of this article may
69-14 continue to impose an ad valorem tax until otherwise provided by
69-15 law, subject to any restrictions provided by law. A limit provided
69-16 by the Constitution of 1876 as it existed on the effective date of
69-17 this article on the maximum ad valorem tax rate that a taxing
69-18 authority may adopt continues in effect until otherwise provided by
69-19 law.
69-20 (c) All exemptions and other relief from ad valorem taxation
69-21 authorized by the Constitution of 1876 or law in effect on the
69-22 effective date of this article remain in effect until otherwise
69-23 provided by law.
69-24 ARTICLE 9. LOCAL GOVERNMENT
69-25 Sec. 9.01. COUNTIES. (a) The counties of the state are
69-26 those that exist on the date of adoption of this article.
69-27 (b) Under procedures prescribed by general law:
70-1 (1) county boundaries may be changed if approved by a
70-2 majority of the qualified voters who vote on the question in each
70-3 affected county; and
70-4 (2) counties may be merged or county seats relocated
70-5 if approved by a majority of the qualified voters who vote on the
70-6 question in each affected county.
70-7 Sec. 9.02. POWERS OF COUNTY GOVERNMENT. A county has only
70-8 the powers granted by this constitution and by law.
70-9 Sec. 9.03. COUNTY OFFICERS. (a) The governing body of a
70-10 county is the county commission, consisting of the county judge
70-11 and four county commissioners, with each commissioner elected by
70-12 the qualified voters of separate and compact precincts containing
70-13 as nearly as practicable an equal number of inhabitants. The
70-14 county judge is the presiding officer of the county commission.
70-15 (b) Subject to change approved by the qualified voters under
70-16 Subsection (g) of this section, the qualified voters of each county
70-17 elect a sheriff, treasurer, and tax assessor-collector. The
70-18 legislature by general law may provide for other county officers.
70-19 (c) County attorneys, district attorneys, and criminal
70-20 district attorneys are elected in such numbers and for such
70-21 counties as provided by general or local law. A district attorney
70-22 represents the state in all criminal cases in courts below the
70-23 level of court of appeals other than municipal courts or justice
70-24 courts, except that in a county in which there is a county attorney
70-25 the powers and duties of the district and county attorneys are as
70-26 provided by general or local law. A county, district, or criminal
70-27 district attorney performs other duties and functions provided by
71-1 general or local law.
71-2 (d) The county commission may provide for the election of
71-3 one or more constables.
71-4 (e) The qualifications and functions of county officers and
71-5 the grounds and procedure for disqualification, suspension, and
71-6 removal are as provided by this constitution or by general law. In
71-7 addition to other qualifications, a county attorney, district
71-8 attorney, or criminal district attorney must be licensed to
71-9 practice law in this state.
71-10 (f) The county clerk shall act as county recorder and clerk
71-11 of the county commission.
71-12 (g) In the manner and to the extent provided by general law,
71-13 the qualified voters of a county by a majority vote of those voting
71-14 on the question may create additional county offices, eliminate
71-15 county offices, combine the functions of county offices, or change
71-16 the method of selection of county offices. The county commission
71-17 shall act to ensure that, following action under this subsection,
71-18 all duties and functions required by state law are assigned to an
71-19 appropriate office.
71-20 (h) Vacancies in county offices are filled as provided by
71-21 general law.
71-22 Sec. 9.04. GENERAL-LAW AND HOME-RULE MUNICIPALITIES. (a)
71-23 The legislature shall provide by law for general-law and home-rule
71-24 municipalities, which shall be classified as such according to
71-25 population.
71-26 (b) A general-law municipality may be organized only under
71-27 general law and has the powers, including the power to levy,
72-1 assess, and collect taxes, as authorized by general law.
72-2 (c) A home-rule municipality may be organized under a
72-3 municipal charter and has the powers authorized by the charter,
72-4 including the power to levy, assess, and collect taxes. The
72-5 qualified voters of a municipality authorized by law to be
72-6 organized under a municipal charter may by majority vote adopt,
72-7 amend, or repeal the municipal charter as provided by general law.
72-8 A charter or ordinance adopted under a charter may not be
72-9 inconsistent with this constitution or with general law.
72-10 Sec. 9.05. SPECIAL DISTRICTS AND AUTHORITIES. The
72-11 legislature by general or local law shall provide for establishing,
72-12 financing, consolidating, and abolishing special districts and
72-13 authorities and shall define their powers.
72-14 Sec. 9.06. COMPENSATION OF OFFICIALS. An elected official
72-15 of a political subdivision may be compensated only by a salary or
72-16 per diem payments and in amounts provided by law or charter.
72-17 Sec. 9.07. LOCAL DEBT. A county, municipality, special
72-18 district or authority, or other political subdivision may not issue
72-19 general obligation bonds, except refunding bonds, unless the bonds
72-20 are approved by a majority vote of the qualified voters voting on
72-21 the question. A debt may not be created by a political subdivision
72-22 unless, at the same time, provision is made for paying the interest
72-23 and principal of the debt when due.
72-24 Sec. 9.08. INTERGOVERNMENTAL COOPERATION. Any county,
72-25 municipality, special district or authority, or other political
72-26 subdivision may agree and contract, except as limited by law and
72-27 with or without compensation, to share the costs and
73-1 responsibilities of functions and services with any one or more
73-2 other political subdivisions.
73-3 Sec. 9.09. CONSOLIDATION OF OFFICES AND TRANSFER OF
73-4 FUNCTIONS AMONG POLITICAL SUBDIVISIONS. (a) Political
73-5 subdivisions, including counties, municipalities, and special
73-6 districts or authorities, may be authorized by general or local law
73-7 to consolidate offices, transfer functions of government, or modify
73-8 or cancel a consolidation or transfer. A law may not authorize a
73-9 consolidation or transfer among political subdivisions of more than
73-10 one county.
73-11 (b) A consolidation or transfer may not take effect unless
73-12 it is approved by a majority of the qualified voters who vote on
73-13 the question in each affected political subdivision, except that if
73-14 the question involves a consolidation or transfer of county offices
73-15 or functions, the proposition must be approved by a majority of the
73-16 qualified voters who reside in unincorporated areas of the county.
73-17 (c) Notwithstanding the requirements of Subsections (a) and
73-18 (b) of this section, the legislature by general or local law may
73-19 provide for the consolidation of the function of collection of
73-20 taxes in a county.
73-21 (d) This section does not apply to the annexation of
73-22 territory by a municipality or other political subdivision in
73-23 accordance with applicable law.
73-24 Sec. 9.10. LOCAL OPTION ON SALE OF ALCOHOLIC BEVERAGES. (a)
73-25 The legislature shall enact general laws whereby the qualified
73-26 voters of any county, justice precinct, or municipality may, by a
73-27 majority vote of those voting, determine from time to time whether
74-1 the sale of intoxicating liquors for beverage purposes shall be
74-2 prohibited or legalized within the prescribed limits. Such laws
74-3 shall contain provisions for voting on the sale of intoxicating
74-4 liquors of various types.
74-5 (b) In all counties, justice precincts, or municipalities
74-6 wherein the sale of intoxicating liquors had been prohibited by
74-7 local option elections held under the laws of the state and in
74-8 force at the time of the taking effect of this article, it shall
74-9 continue to be unlawful to manufacture, sell, barter, or exchange
74-10 in any such prescribed limits any spirituous, vinous, or malt
74-11 liquors or medicated bitters capable of producing intoxication or
74-12 any other intoxicants whatsoever, for beverage purposes, unless and
74-13 until a majority of the qualified voters in such county, justice
74-14 precinct, or municipality voting in an election held for such
74-15 purpose shall determine such to be lawful.
74-16 Sec. 9.11. GOVERNMENTAL AND PROPRIETARY FUNCTIONS. The
74-17 legislature by general law may define for all purposes those
74-18 functions of a municipality or other political subdivision that are
74-19 to be considered governmental and those that are proprietary,
74-20 including reclassifying a function's classification assigned by a
74-21 prior statute or common law.
74-22 TEMPORARY TRANSITION PROVISIONS. (a) This article takes
74-23 effect September 1, 2001.
74-24 (b) Any power directly granted to a county, municipality, or
74-25 special district or authority under the Constitution of 1876 not
74-26 also granted by statute or this constitution is continued in effect
74-27 until superseded by law.
75-1 (c) The term of office of each officer of a county,
75-2 municipality, special district or authority, or other political
75-3 subdivision continues as provided by law when the term of office
75-4 began unless otherwise provided by law or, where applicable, by
75-5 charter.
75-6 ARTICLE 10. GENERAL PROVISIONS
75-7 Sec. 10.01. SEAL OF THE STATE. The seal of the state is a
75-8 star of five points encircled by olive and live oak branches and
75-9 the words "The State of Texas."
75-10 Sec. 10.02. OFFICIAL OATH. Each state and local officer
75-11 shall take the following oath before entering on the duties of
75-12 public office:
75-13 "I, _____________, do solemnly swear (or affirm) that I will
75-14 faithfully execute the duties of the office of ____________ and
75-15 will to the best of my ability preserve, protect, and defend the
75-16 constitutions and laws of the United States and of this state, so
75-17 help me God."
75-18 Sec. 10.03. RESIDENCE OF PUBLIC OFFICERS. Each state and
75-19 local officer must reside in this state. An officer of a political
75-20 subdivision or district must reside in the political subdivision or
75-21 district that the officer serves and shall keep the office at the
75-22 location prescribed by law. An officer who does not comply with
75-23 this section vacates the office.
75-24 Sec. 10.04. CONTINUATION IN OFFICE. Each state and local
75-25 officer shall continue to perform the duties of office until a
75-26 successor is qualified.
75-27 Sec. 10.05. VACANCY IN OFFICE. (a) A vacancy in a state or
76-1 district office shall be filled by appointment of the governor with
76-2 the advice and consent of the senate unless another means of
76-3 filling the vacancy is provided by this constitution or by law.
76-4 (b) A person elected to fill a vacancy in office serves only
76-5 for the remainder of the term.
76-6 Sec. 10.06. DISQUALIFICATION, SUSPENSION, AND REMOVAL OF
76-7 OFFICER; DISABILITY OF OFFICER. (a) The legislature by general
76-8 law may:
76-9 (1) establish grounds and procedures for the
76-10 disqualification, suspension, or removal of an officer for whom a
76-11 mode of removal is not provided in this constitution;
76-12 (2) establish grounds and procedures for the
76-13 withholding of an officer's salary; and
76-14 (3) provide for the temporary filling of a vacancy or
76-15 the temporary performance of the duties of an office following an
76-16 officer's disqualification, suspension, or removal.
76-17 (b) The legislature by law shall provide procedures for the
76-18 temporary suspension and replacement or for the permanent
76-19 replacement of an executive branch officer who becomes temporarily
76-20 or permanently disabled or who otherwise becomes unable to
76-21 discharge the duties of office.
76-22 Sec. 10.07. TEXAS ETHICS COMMISSION. (a) The Texas Ethics
76-23 Commission is a state agency consisting of the following eight
76-24 members:
76-25 (1) two members of different political parties
76-26 appointed by the governor from a list of at least 10 names
76-27 submitted by the members of the house of representatives from each
77-1 political party required by law to hold a primary;
77-2 (2) two members of different political parties
77-3 appointed by the governor from a list of at least 10 names
77-4 submitted by the members of the senate from each political party
77-5 required by law to hold a primary;
77-6 (3) two members of different political parties
77-7 appointed by the speaker of the house of representatives from a
77-8 list of at least 10 names submitted by the members of the house
77-9 from each political party required by law to hold a primary; and
77-10 (4) two members of different political parties
77-11 appointed by the lieutenant governor from a list of at least 10
77-12 names submitted by the members of the senate from each political
77-13 party required by law to hold a primary.
77-14 (b) Commission members serve four-year terms. A vacancy on
77-15 the commission shall be filled for the unexpired portion of the
77-16 term in the same manner as the original appointment. A member who
77-17 has served for one term and any part of a second term is not
77-18 eligible for reappointment.
77-19 (c) The commission has the powers and duties provided by
77-20 law.
77-21 Sec. 10.08. TEXAS SALARY COMMISSION. (a) The Texas Salary
77-22 Commission is a state agency composed of nine members appointed by
77-23 the governor with the advice and consent of the senate. Members
77-24 serve six-year terms of office, with the terms of three members
77-25 expiring every other year. A vacancy on the commission is filled
77-26 for the unexpired term by appointment of the governor with the
77-27 advice and consent of the senate. A member of the commission may
78-1 not hold another public office.
78-2 (b) In addition to performing other duties prescribed by
78-3 this constitution or by law, the commission shall recommend the
78-4 rate of compensation for elected and appointed officers of the
78-5 executive branch, for judges of state district courts, and for
78-6 judges and justices of appellate courts, including the supreme
78-7 court and court of criminal appeals. The commission shall set the
78-8 compensation for members of the legislature in accordance with
78-9 Section 3.09 of this constitution.
78-10 (c) The compensation paid to an officer for which the
78-11 commission makes a recommendation may not exceed the amount
78-12 recommended by the commission. The compensation paid is determined
78-13 by law and is subject to limits established by general law or
78-14 appropriation. An officer is not entitled to compensation at the
78-15 rate recommended by the commission.
78-16 (d) In this section, "compensation" includes salary or a
78-17 compensatory per diem, but does not include other benefits or
78-18 reimbursement for expenses.
78-19 Sec. 10.09. SEPARATE AND COMMUNITY PROPERTY OF SPOUSES. (a)
78-20 In this section, a "marriage" is the union of a man and a woman
78-21 joined in a mutual social and legal dependence for the purpose of
78-22 founding and maintaining a family, and a "spouse" is one of the
78-23 people united in marriage.
78-24 (b) The legislature may enact laws consistent with this
78-25 section that define the rights of spouses in relation to separate
78-26 and community property.
78-27 (c) All property of a spouse owned or claimed before
79-1 marriage, and that acquired afterward by gift, devise, or descent,
79-2 is the separate property of that spouse.
79-3 (d) Spouses or persons about to marry, without the intention
79-4 to defraud preexisting creditors, may by written instrument from
79-5 time to time partition between themselves all or part of their
79-6 property, then existing or to be acquired, or exchange between
79-7 themselves the community interest of one spouse or future spouse in
79-8 any property for the community interest of the other spouse or
79-9 future spouse in other community property then existing or to be
79-10 acquired. The portion or interest set aside to each is the
79-11 separate property of that spouse or future spouse.
79-12 (e) Spouses may from time to time, by written instrument,
79-13 agree between themselves that the income or property from all or
79-14 part of the separate property then owned or thereafter acquired by
79-15 only one of them is the separate property of that spouse.
79-16 (f) If one spouse makes a gift of property to the other, the
79-17 gift is presumed to include all the income or property that might
79-18 arise from that gift.
79-19 (g) Spouses may agree in writing that, on the death of one
79-20 spouse, all or part of the community property becomes the property
79-21 of the surviving spouse.
79-22 Sec. 10.10. HOMESTEAD. (a) The homestead is the home of a
79-23 family or single adult. The place used for conducting a business
79-24 or occupation of the claimant of an urban homestead may also be a
79-25 homestead.
79-26 (b) The rural homestead consists of not more than 200 acres
79-27 of land in one or more parcels, with improvements, located outside
80-1 a municipality. Not more than 50 acres on which the home is
80-2 located is a residential homestead; the rest is a nonresidential
80-3 homestead. A rural homestead may not be changed to an urban
80-4 homestead without the claimant's consent so long as the land is
80-5 used for agricultural purposes.
80-6 (c) The urban homestead consists of land, with improvements,
80-7 located in a municipality on any residential lot not to exceed one
80-8 acre. The urban homestead is a residential homestead if used as a
80-9 home and a nonresidential homestead if used as a place for
80-10 conducting the occupation of the claimant.
80-11 (d) The homestead of a family or of a single adult person is
80-12 protected from forced sale for the payment of all debts except for:
80-13 (1) the purchase money debt for the homestead, or a
80-14 part of that purchase money;
80-15 (2) the taxes due on the homestead;
80-16 (3) an owelty of partition imposed against the
80-17 entirety of the property by a court order or by a written agreement
80-18 of the parties to the partition, including a debt of one spouse in
80-19 favor of the other spouse resulting from a division or an award of
80-20 a family homestead in a divorce proceeding;
80-21 (4) the refinance of a lien against a homestead,
80-22 including a federal tax lien resulting from the tax debt of both
80-23 spouses, if the homestead is a family homestead, or from the tax
80-24 debt of the owner;
80-25 (5) work and material used in constructing new
80-26 improvements on the homestead; or
80-27 (6) an extension of credit that is secured by a
81-1 voluntary lien on the homestead created under a written agreement
81-2 with the consent of each owner and each owner's spouse and that is
81-3 without recourse for personal liability against each owner and the
81-4 spouse of each owner.
81-5 (e) Notwithstanding Subsections (d)(4) and (d)(6) of this
81-6 section, an agricultural homestead, except for an agricultural
81-7 homestead dedicated to the production of dairy products, is exempt
81-8 from forced sale for the payment of a refinanced lien or for an
81-9 extension of credit secured by a voluntary lien.
81-10 (f) The legislature shall by general law provide for the
81-11 protection of citizens who are the beneficiaries of proceeds
81-12 resulting from a debt incurred against their homesteads, including
81-13 provision for a waiting period before the closing of a lien, the
81-14 right to a rescission period, regulations on the amounts and terms
81-15 of such liens, the type of institutions allowed to provide such
81-16 instruments, and the location and mechanisms for the closing of
81-17 such debts.
81-18 Sec. 10.11. PROTECTION OF PERSONAL PROPERTY FROM FORCED
81-19 SALE. The legislature by law shall provide for the protection from
81-20 forced sale of certain personal property belonging to each adult
81-21 and each head of a family.
81-22 Sec. 10.12. PROTECTION OF WAGES FROM GARNISHMENT. (a)
81-23 Current wages for personal service are not subject to garnishment,
81-24 except for the enforcement of court-ordered child-support payments.
81-25 (b) The legislature by law may provide for deductions from
81-26 the salary of a public officer who neglects the performance of a
81-27 duty assigned by law.
82-1 Sec. 10.13. LIENS OF MECHANICS, ARTISANS, AND MATERIALMEN.
82-2 Mechanics, artisans, and materialmen have liens on the buildings or
82-3 articles made, improved, or repaired by them. A lien is for the
82-4 value of labor or material furnished. The legislature by general
82-5 law shall provide for the efficient enforcement of liens.
82-6 Sec. 10.14. BANKING. A foreign corporation, other than a
82-7 bank chartered by the United States, may not exercise banking or
82-8 discounting privileges in this state.
82-9 Sec. 10.15. PENSION AND RETIREMENT SYSTEMS. (a) A pension
82-10 or retirement system of this state, a political subdivision, or a
82-11 state or local governmental agency existing on the effective date
82-12 of this article is continued subject to the provisions of the
82-13 Constitution of 1876 until changed by law. Funds held under any
82-14 such system may not be used for any purpose inconsistent with that
82-15 system.
82-16 (b) The amount contributed by a person participating in the
82-17 Employees Retirement System of Texas or the Teacher Retirement
82-18 System of Texas, or the successor of either, may not be less than 6
82-19 percent of compensation. The amount contributed by the state to
82-20 either may not be less than 6 percent nor more than 10 percent of
82-21 the aggregate compensation paid to individuals participating in the
82-22 system. In an emergency, as determined by the governor, the
82-23 legislature may appropriate such additional sums as are actuarially
82-24 determined to be required to fund benefits authorized by law.
82-25 Sec. 10.16. GAMBLING. (a) Lotteries and gift enterprises
82-26 are prohibited in this state except for:
82-27 (1) bingo games or raffles, the proceeds of which are
83-1 spent in Texas for charitable purposes;
83-2 (2) lotteries operated on behalf of the state; or
83-3 (3) lotteries and gift enterprises approved by an
83-4 affirmative vote of two-thirds of the membership of each house of
83-5 the legislature and approved by a majority vote of the qualified
83-6 voters in a referendum.
83-7 (b) The legislature by general law may regulate lotteries
83-8 and gift enterprises permitted under this section.
83-9 Sec. 10.17. AMENDMENTS TO CONSTITUTION. (a) The
83-10 legislature may propose amendments to this constitution by a record
83-11 affirmative two-thirds vote of the membership of each house.
83-12 (b) A proposed amendment shall be submitted to the people on
83-13 the date specified by the legislature, but not less than 90 days
83-14 after the date the legislature proposes the amendment.
83-15 (c) A proposed amendment must be publicized in English and
83-16 any other language prescribed by law. The legislature by law shall
83-17 prescribe the procedure for publicizing proposed amendments.
83-18 (d) A proposed amendment is adopted if approved by a
83-19 majority of the qualified voters voting on the question and becomes
83-20 part of this constitution on the date the statewide returns of the
83-21 election are canvassed.
83-22 Sec. 10.18. CONSTITUTIONAL CONVENTION. (a) The legislature
83-23 by a record affirmative two-thirds vote of the membership of each
83-24 house may submit to the people the question of whether to call a
83-25 constitutional convention and may stipulate in the question the
83-26 articles of the constitution that the convention may consider. A
83-27 constitutional convention shall be called if approved by a majority
84-1 of the qualified voters voting on the question.
84-2 (b) At the next legislative session following approval of a
84-3 call, the legislature by law shall provide for:
84-4 (1) the election of convention delegates and the
84-5 filling of delegate vacancies;
84-6 (2) the convening of the convention on a date not
84-7 later than three months after the election of delegates;
84-8 (3) the meeting place and duration of the convention;
84-9 (4) the pay, allowances, and expenses of delegates and
84-10 officers; and
84-11 (5) the other expenses of the convention.
84-12 (c) A public officer is not prohibited from serving as a
84-13 delegate by any provision in this constitution.
84-14 (d) The constitutional convention by a record affirmative
84-15 two-thirds vote of its membership, in the case of an unlimited
84-16 call, may propose any revision of or amendments to the constitution
84-17 or, in the case of a limited call, may propose any revision of or
84-18 amendments to the articles stipulated in the call. The convention
84-19 shall determine the manner of submitting and publicizing its
84-20 proposals and fix the date of the election. Convention proposals
84-21 must be publicized in English and in any other language specified
84-22 by the convention.
84-23 (e) A revision or amendment proposed by the constitutional
84-24 convention becomes effective as the convention provides if approved
84-25 by a majority of the qualified voters voting on the question.
84-26 TEMPORARY TRANSITION PROVISIONS. (a) This article takes
84-27 effect September 1, 2001.
85-1 (b) After the effective date of this article and before the
85-2 effective date of salary commission recommendations, the lack of
85-3 salary commission recommendation does not affect the compensation
85-4 of elected and appointed officers of the executive branch, judges
85-5 of state district courts, and judges and justices of appellate
85-6 courts, including the supreme court, and those officers shall
85-7 receive the compensation authorized by law.
85-8 (c) Lotteries and gift enterprises authorized by the
85-9 Constitution of 1876 continue to be subject to the restrictions of
85-10 that constitution until regulated by general law in accordance with
85-11 Section 10.16(b) of this constitution.
85-12 (d) A law in effect on the effective date of this article
85-13 that is not in conflict with this constitution, the Constitution of
85-14 1876, or the Constitution of the United States is continued in
85-15 effect until the law expires by its own terms or is amended or
85-16 repealed by the legislature.
85-17 (e) This article does not affect the validity or
85-18 enforceability of a lien against a homestead that was valid under
85-19 the terms of Section 50, Article XVI, Constitution of 1876.
85-20 SECTION 2. This proposed constitutional amendment shall be
85-21 submitted to the voters at an election to be held November 2, 1999.
85-22 The ballot shall be printed to permit voting for or against the
85-23 proposition: "The constitutional amendment to revise the Texas
85-24 Constitution."