By Ratliff S.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."