By Junell H.J.R. No. 69 77R8231 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, 2003. 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, 2003. 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. (a) The senate consists of 31 12-16 members. 12-17 (b) The house of representatives consists of 150 members. 12-18 Sec. 3.03. QUALIFICATIONS OF MEMBERS. (a) To be eligible 12-19 to serve in the senate, a person must: 12-20 (1) be a qualified voter of this state; 12-21 (2) be at least 26 years old; 12-22 (3) have been a resident of this state for the five 12-23 years immediately preceding the date of election to office; and 12-24 (4) have been a resident of the senatorial district 12-25 for the year immediately preceding the date of election to office. 12-26 (b) To be eligible to serve in the house of representatives, 12-27 a person must: 13-1 (1) be a qualified voter of this state; 13-2 (2) be at least 21 years old; 13-3 (3) have been a resident of this state for the two 13-4 years immediately preceding the date of election to office; and 13-5 (4) have been a resident of the representative 13-6 district for the year immediately preceding the date of election to 13-7 office. 13-8 (c) At the first general election following a redistricting, 13-9 a person is eligible for election to the legislature from any new 13-10 district that contains a part of the district in which that person 13-11 was eligible for election immediately preceding the redistricting, 13-12 provided that a person forfeits office unless, not later than the 13-13 60th day following the date of election, the person becomes a 13-14 resident of the new district. 13-15 Sec. 3.04. ELIGIBILITY TO HOLD OTHER OFFICES. (a) Except 13-16 as provided by this section, a member of the legislature may not 13-17 hold any other office or position of profit or trust under this 13-18 state, the United States, or a foreign government. 13-19 (b) A member of the legislature may serve as a member of the 13-20 National Guard, the National Guard Reserve, or any of the armed 13-21 forces reserves of the United States, as a retired member of the 13-22 armed forces or of the armed forces reserves of the United States, 13-23 or as a notary public. 13-24 (c) A member of the legislature may serve as a member of a 13-25 multimember governmental body exercising executive powers if the 13-26 law establishing the governmental body expressly authorizes 13-27 legislative membership. A legislative member of such a body may 14-1 not receive additional compensation for that service. 14-2 Sec. 3.05. TERM LIMITS. (a) A person is not eligible for 14-3 election to the senate if the person served as a member of the 14-4 senate during all or part of the nine most recent regular sessions 14-5 of the legislature that were adjourned before the date of the 14-6 election. 14-7 (b) A person is not eligible for election to the house of 14-8 representatives if the person has served as a member of the house 14-9 during all or part of the eight most recent regular sessions of the 14-10 legislature that were adjourned before the date of the election. 14-11 Sec. 3.06. JUDGE OF QUALIFICATIONS; ELECTION CONTESTS. Each 14-12 house is the sole judge of the qualifications and election of its 14-13 own members, but contested elections are determined in the manner 14-14 provided by law. 14-15 Sec. 3.07. ELECTION AND TERMS OF OFFICE. (a) Senators and 14-16 representatives are elected by the qualified voters of their 14-17 respective districts at a statewide general election. 14-18 (b) Each senator serves a term of six years, except that the 14-19 qualified voters elect a new senate at the first election following 14-20 a statewide redistricting of the senate, and the members of the 14-21 senate elected at that election shall select by lot 15 senators to 14-22 serve a term of four years. 14-23 (c) Each representative serves a term of four years, except 14-24 that the qualified voters elect a new house of representatives 14-25 after the first election following a statewide redistricting of the 14-26 house, and the members of the house elected at that election shall 14-27 select by lot 75 representatives to serve a term of two years. 15-1 (d) A vacancy in the senate or house of representatives is 15-2 filled by special election in the manner prescribed by law. 15-3 (e) The term of office of a senator or representative begins 15-4 on the date prescribed by law for convening the legislature in 15-5 regular session. 15-6 Sec. 3.08. REDISTRICTING. (a) Before the first August 15 15-7 following publication of each federal decennial census, the 15-8 legislature by law shall divide the state into single-member 15-9 senatorial, single-member representative, and single-member 15-10 congressional districts. This subsection does not prohibit the 15-11 legislature from altering any of those districts at any other time, 15-12 except as provided by Subsection (e) of this section. 15-13 (b) Senatorial, representative, and congressional districts 15-14 must be composed of compact and contiguous territory and contain 15-15 equal populations as required by the Constitution of the United 15-16 States. 15-17 (c) A county may not be divided among senatorial, 15-18 representative, or congressional districts except as necessary to 15-19 prevent an unlawful population variance among districts. 15-20 (d) If the Supreme Court of Texas or a federal court enters 15-21 a final decree that invalidates a redistricting plan or, before 15-22 entry of the decree, orders into effect a redistricting plan other 15-23 than the statutory plan in effect under state law, the legislature 15-24 shall consider enacting a new redistricting plan. If the 15-25 legislature is in regular session on the day the final decree is 15-26 entered or the order takes effect, a new redistricting bill may be 15-27 enacted only within 30 days after that date, and the session shall, 16-1 if necessary, be continued for this purpose. If the final decree 16-2 is entered or the order takes effect within 45 days before the 16-3 convening of a regular session, a new redistricting bill may be 16-4 passed only within the first 30 days following the convening of the 16-5 session. If the decree is entered or the order takes effect at any 16-6 other time, the governor shall convene the legislature in a 16-7 redistricting special session on or before the 14th day following 16-8 the date the decree is entered or the order takes effect, and a new 16-9 redistricting bill may be passed only within the 30-day 16-10 redistricting special session. 16-11 (e) If, within the time prescribed by Subsection (a) or (d) 16-12 of this section, the legislature does not enact a redistricting 16-13 plan, or if the new redistricting plan does not become law, the 16-14 governor, acting as presiding officer, shall convene a 16-15 redistricting board consisting of the governor, lieutenant 16-16 governor, speaker of the house of representatives, attorney 16-17 general, and comptroller of public accounts not more than 10 days 16-18 after the deadline for the legislature to act or after a new 16-19 redistricting bill fails to become law. The board shall adopt a 16-20 redistricting plan within 30 days after convening. The board is 16-21 dissolved when it adopts a plan or at the expiration of 30 days, 16-22 whichever is earlier. The legislature shall provide funds for the 16-23 board's clerical, technical, and other expenses. The legislature 16-24 may not enact a redistricting bill when the redistricting board is 16-25 convened to adopt a plan for the same entity. 16-26 Sec. 3.09. COMPENSATION. (a) The salary and other 16-27 allowances for members of the legislature, other than the speaker 17-1 of the house of representatives, shall be set by the Texas Salary 17-2 Commission established by Article 10 of this constitution. The 17-3 salary of the speaker of the house shall be equal to not less than 17-4 90 percent of the salary of the governor. 17-5 (b) While serving as speaker of the house, a person may not 17-6 engage in any other full-time, salaried employment. 17-7 Sec. 3.10. SESSIONS. (a) The legislature shall convene in 17-8 regular session in odd-numbered years on a date prescribed by law. 17-9 A regular session may not exceed 140 consecutive days. 17-10 (b) A special session may not exceed 30 consecutive days. 17-11 (c) A veto session may not exceed 15 consecutive days. 17-12 (d) Each session of the legislature shall be open to the 17-13 public, except when the senate is in executive session. 17-14 (e) Neither house may adjourn or recess for more than five 17-15 days without the consent of the other. 17-16 (f) The legislature shall meet at the seat of government 17-17 unless otherwise provided by law. 17-18 (g) The legislature by petition of three-fifths of the 17-19 membership of each house may convene in veto session on the first 17-20 Monday following the 50th day after adjournment of a session solely 17-21 to reconsider bills, resolutions, or appropriation items for 17-22 passage over a veto. Bills, resolutions, or appropriation items 17-23 that may be reconsidered are: 17-24 (1) those bills, resolutions, or appropriation items 17-25 specifically identified in the petition that authorizes the 17-26 convening of the legislature into veto session; 17-27 (2) bills, resolutions, or appropriation items that 18-1 the governor vetoed on or after the 10th day before adjournment, 18-2 inclusive of the day of adjournment, and that the legislature did 18-3 not reconsider before adjournment; and 18-4 (3) bills, resolutions, or appropriation items that, 18-5 by virtue of action of the governor after adjournment, will not 18-6 become law without passage over a veto. 18-7 (h) The legislature may meet in special session, veto 18-8 session, and on impeachment concurrently, but a time limit for 18-9 action is not extended by the concurrence of sessions. 18-10 Sec. 3.11. ORGANIZATION AND PROCEDURE. (a) Each house by 18-11 majority vote may determine the rules of its own proceedings, and 18-12 the two houses may adopt joint rules. Rules of procedure and joint 18-13 rules remain in effect until amended or repealed. 18-14 (b) The legislature may provide by law for assembling and 18-15 organizing either or both houses at an organizational assembly 18-16 convened not earlier than the 45th day preceding the convening of a 18-17 regular session. Such an organizational assembly is composed of 18-18 the members of the applicable house of the next legislature. At 18-19 that organizational assembly, the respective houses may adopt 18-20 rules of procedure and joint rules. 18-21 (c) At the organizational assembly or at the beginning of a 18-22 regular session, at the end of each regular session, and at such 18-23 other times as may be necessary, the senate shall elect from its 18-24 members a president pro tempore by the affirmative vote of not 18-25 fewer than 16 senators. When the lieutenant governor is absent or 18-26 temporarily disabled, the president pro tempore shall perform the 18-27 duties of the president in addition to the duties of senator. If 19-1 the office of lieutenant governor becomes vacant, the president pro 19-2 tempore shall convene the committee of the whole senate within 30 19-3 days after the vacancy occurs, and the committee of the whole 19-4 shall, by the affirmative vote of not fewer than 16 senators, elect 19-5 one of its members to perform the duties of lieutenant governor in 19-6 addition to the duties of senator until the next general election. 19-7 If the senator so elected ceases to be a senator before election of 19-8 a new lieutenant governor, another senator shall be elected in the 19-9 same manner to perform the duties of lieutenant governor until the 19-10 next general election. Until the committee of the whole elects a 19-11 member for this purpose, the president pro tempore shall perform 19-12 the duties of lieutenant governor. 19-13 (d) At the organizational assembly, or when first assembled 19-14 in regular session if there is no organizational assembly, the 19-15 secretary of state shall convene the house of representatives for 19-16 the purpose of organizing and electing a speaker. The speaker 19-17 shall be elected from the members of the house by an affirmative 19-18 vote of not fewer than 76 members. The house of representatives by 19-19 rule or the legislature by law may limit the period of time that a 19-20 person may serve as speaker or the number of times a person may be 19-21 elected speaker. 19-22 (e) All elections held by either house of the legislature 19-23 shall be by public vote recorded in the journal. 19-24 (f) Two-thirds of the membership of each house constitutes a 19-25 quorum, but fewer members may recess or adjourn from day to day and 19-26 may compel the attendance of absent members. 19-27 (g) Each house shall prepare and publish a journal of its 20-1 proceedings. At the request of any three members present, the 20-2 votes on any question shall be recorded in the journal. 20-3 (h) Each house, while in session, may reprimand or punish a 20-4 member for disorderly conduct or for cause deemed sufficient by 20-5 that house. Each house may expel a member by two-thirds vote of 20-6 its membership, but not a second time for the same offense. 20-7 Sec. 3.12. LEGISLATIVE IMMUNITY. A member may not be 20-8 questioned in any other place for speech or debate during a 20-9 legislative proceeding or for actions taken in the performance of 20-10 official legislative duties. 20-11 Sec. 3.13. CONFLICT OF INTEREST. (a) A member having a 20-12 private pecuniary interest in a bill, resolution, or other matter 20-13 before the legislature shall disclose that interest and not vote on 20-14 the bill, resolution, or other matter. 20-15 (b) A member may not have a direct or indirect interest in 20-16 any contract with the state, or with a county, that was authorized 20-17 by law passed during the term for which the member was elected. 20-18 (c) A member may not for compensation other than the 20-19 emoluments of office appear before or have dealings with an 20-20 executive or administrative unit of state government. A member may 20-21 not directly or indirectly share in any fee paid to any other 20-22 person for such an appearance or dealing. 20-23 Sec. 3.14. ENACTING CLAUSE OF LAWS. The enacting clause of 20-24 all laws shall be: "Be it enacted by the Legislature of the State 20-25 of Texas." 20-26 Sec. 3.15. BILLS AND RESOLUTIONS. (a) A law may be enacted 20-27 only by bill. 21-1 (b) A bill may originate in either house, except that a bill 21-2 for raising revenue must originate in the house of representatives. 21-3 (c) After a bill passes either house, the other house may 21-4 amend or reject it. 21-5 (d) A bill may not be amended in its passage through either 21-6 house so as to change its original purpose. 21-7 (e) A bill must be limited to a single subject. The subject 21-8 must be expressed in the title of the bill in a manner that gives 21-9 the legislature and the public reasonable notice of the subject. 21-10 (f) A general appropriations bill must be limited to the 21-11 subject of appropriations. A nonsubstantive statutory revision 21-12 bill must be limited to that subject. 21-13 (g) A bill that is amendatory in form, except a 21-14 nonsubstantive statutory revision bill, must set out the complete 21-15 section, subsection, or other statutory unit, as amended, of the 21-16 statute it amends. 21-17 (h) Before a house considers a bill, the bill must have been 21-18 referred to a committee of that house and reported at least five 21-19 days before adjournment of the session, but either house by a 21-20 record affirmative four-fifths vote of the members present and 21-21 voting may suspend this requirement. 21-22 (i) Before a bill becomes law, it must be read in each house 21-23 on three separate days. Either house by a record affirmative 21-24 four-fifths vote of the members present and voting may suspend this 21-25 requirement. 21-26 (j) If a bill or resolution is defeated by a vote of either 21-27 house, a bill or resolution containing the same substance may not 22-1 be considered during the same session. 22-2 (k) The presiding officer of each house in the presence of 22-3 that house shall certify the final passage of each bill and the 22-4 final passage of each resolution that requires the concurrence of 22-5 both houses. The fact of certification must be recorded in the 22-6 journal. 22-7 (l) A law other than a general appropriations act or a 22-8 redistricting act may not take effect before the 90th day after 22-9 adjournment of the session at which it was enacted. The 22-10 legislature by a record affirmative two-thirds vote of the 22-11 membership of each house may authorize an earlier effective date. 22-12 (m) The legislature is solely responsible for determining 22-13 compliance with this section, and a law or resolution, including a 22-14 law or resolution enacted before the effective date of this 22-15 constitution, may not be held void on the basis of insufficiency 22-16 under this section or under the corresponding provisions of the 22-17 Constitution of 1876. 22-18 Sec. 3.16. LOCAL AND SPECIAL LAWS. (a) The legislature may 22-19 not enact a local or special law except as expressly authorized by 22-20 this constitution. 22-21 (b) The legislature by local or special law may: 22-22 (1) create or regulate special purpose districts and 22-23 authorities, as authorized by Article 9 of this constitution; 22-24 (2) regulate hunting, fishing, or wildlife 22-25 conservation; 22-26 (3) create or regulate courts as authorized by Article 22-27 5 of this constitution; 23-1 (4) create or regulate juvenile boards; 23-2 (5) make grants or release from taxes in cases of 23-3 public calamities; 23-4 (6) provide for the consolidation of governmental 23-5 offices as authorized by Article 9 of this constitution; or 23-6 (7) regulate livestock or fences. 23-7 (c) No local or special law shall be passed, unless notice 23-8 of the intention to apply therefor shall have been published in the 23-9 locality where the matter or thing to be affected may be situated, 23-10 which notice shall state the substance of the contemplated law, and 23-11 shall be published at least 30 days prior to the introduction into 23-12 the legislature of such bill and in the manner to be provided by 23-13 law. The evidence of such notice having been published, shall be 23-14 exhibited in the legislature, before such act shall be passed. 23-15 Sec. 3.17. IMPEACHMENT. (a) The house of representatives 23-16 has the sole power to conduct legislative investigations for the 23-17 purpose of determining the existence of cause for impeachment and, 23-18 by a record majority vote of its membership, to impeach officers of 23-19 the executive branch, the chief justice of the supreme court, or a 23-20 justice of the supreme court. At times when the legislature is not 23-21 in session, the house of representatives, by petition of a majority 23-22 of its members, may convene and conduct impeachment proceedings. 23-23 (b) An officer against whom articles of impeachment have 23-24 been preferred is suspended from the exercise of the duties of the 23-25 office during the pendency of the impeachment. If the governor is 23-26 suspended, the lieutenant governor acts as governor. If the 23-27 lieutenant governor is suspended, the president pro tempore of the 24-1 senate acts as lieutenant governor. In other cases, the governor 24-2 may make a temporary appointment to perform the duties of office 24-3 during suspension. 24-4 (c) An officer who is impeached is tried by the senate. The 24-5 senate shall convene for this purpose on presentation of articles 24-6 of impeachment by the house of representatives. Each senator shall 24-7 affirm or take an oath to try impartially the officer impeached. 24-8 If the governor or lieutenant governor is tried, the chief justice 24-9 of the supreme court shall preside at the trial. A person may be 24-10 convicted of impeachment charges only by a record affirmative 24-11 two-thirds vote of the members of the senate present. 24-12 (d) On conviction by the senate, the officer is removed from 24-13 office and the office becomes vacant. A judgment of conviction may 24-14 not extend beyond removal from office and disqualification to hold 24-15 any state or local office of honor, trust, or profit of this state. 24-16 An impeached person, whether convicted or acquitted, is also 24-17 subject to indictment, prosecution, trial, judgment, and punishment 24-18 according to law. 24-19 Sec. 3.18. ADVICE AND CONSENT OF SENATE. A record 24-20 affirmative two-thirds vote of the members present constitutes 24-21 consent to any appointment that this constitution or general law 24-22 requires to be made with the advice and consent of the senate. The 24-23 legislature by law may regulate appointments made when the senate 24-24 is not in session. 24-25 TEMPORARY TRANSITION PROVISIONS. (a) This article takes 24-26 effect September 1, 2003. 24-27 (b) The actions of a member of the legislature who, on the 25-1 effective date of this article, is a member of a governmental body 25-2 exercising executive powers are validated as of the date of the 25-3 action if the member's service on that body would have been proper 25-4 under Section 3.04 of this constitution. 25-5 (c) The term limits provided by Section 3.05 of this 25-6 constitution apply only to years of service beginning after the 25-7 effective date of this article. 25-8 (d) Until different compensation is provided by the salary 25-9 commission in accordance with this constitution and general law, 25-10 members of the legislature are entitled to compensation as provided 25-11 for under the Constitution of 1876 and prior law. 25-12 (e) The terms of office for members of a house of the 25-13 legislature provided for under Section 3.07 of this constitution 25-14 apply beginning with the members of that house elected at the first 25-15 election after the effective date of this article that follows a 25-16 statewide redistricting of that house. 25-17 (f) Section 3.09(b) of this constitution applies only to a 25-18 person who is first elected speaker of the house after the 25-19 effective date of this article. 25-20 (g) Section 3.08 of this constitution applies beginning with 25-21 the first redistricting after the effective date of this article. 25-22 (h) A member of the legislature who, on the effective date 25-23 of this article, has an interest in a contract that would be in 25-24 violation of Section 3.13 of this constitution may continue to 25-25 maintain that contract if it would not be in violation of Section 25-26 18, Article III, Constitution of 1876. 25-27 (i) A member of the legislature who, on the effective date 26-1 of this article, has a written contract for representation 26-2 prohibited by Section 3.13(b) of this constitution may fulfill the 26-3 terms of the contract during the current term for which the member 26-4 has been elected. 26-5 (j) Until the legislature provides otherwise by law, Section 26-6 12, Article IV, Constitution of 1876, governs appointments made by 26-7 the governor during a recess of the senate. 26-8 (k) The adoption of this article does not impair any 26-9 obligation created by the issuance of bonds or notes in accordance 26-10 with prior law, and all bonds or other evidences of indebtedness 26-11 validly issued under Article III, Constitution of 1876, remain 26-12 valid, enforceable, and binding according to their terms and shall 26-13 be paid from the sources pledged. Bonds or other evidences of 26-14 indebtedness authorized under the Constitution of 1876 but unissued 26-15 on the effective date of this article may be issued in compliance 26-16 with and subject to the provisions of that constitution and prior 26-17 law. The legislature by general law may provide for implementation 26-18 of this provision. 26-19 ARTICLE 4. EXECUTIVE BRANCH 26-20 Sec. 4.01. EXECUTIVE POWER. The executive power of the 26-21 state is vested in the executive branch. The executive branch 26-22 consists of the governor, the governor's executive department, and 26-23 other executive branch officers and agencies. 26-24 Sec. 4.02. EXECUTIVE DEPARTMENT OFFICERS. (a) The governor 26-25 is the chief executive officer of the state. Officers of the 26-26 governor's executive department are the governor, the secretary of 26-27 state, the other executive officers of the cabinet, and other 27-1 executive officers as provided by law. 27-2 (b) The cabinet of the governor's executive department 27-3 consists of the departments of state, interior, public safety and 27-4 criminal justice, health and human services, education, 27-5 agriculture, economic development, energy, and transportation. 27-6 Sec. 4.03. EXECUTIVE BRANCH ELECTIVE OFFICERS. Other 27-7 officers within the executive branch, but not within the governor's 27-8 executive department, are the lieutenant governor, comptroller of 27-9 public accounts, and attorney general. 27-10 Sec. 4.04. STATE AGENCIES. (a) An agency, board, 27-11 commission, department, institution, or other administrative unit 27-12 of state government not assigned by this constitution or law to the 27-13 legislative or judicial branch is part of the executive branch and 27-14 is part of the governor's executive department unless otherwise 27-15 provided by law. 27-16 (b) This article does not restrict the authority of the 27-17 legislature to establish an agency of the executive branch within 27-18 or outside the governor's executive department. An executive 27-19 branch agency outside the governor's executive department may be 27-20 under the governance of one or more officers elected or appointed 27-21 in the manner provided by law. 27-22 Sec. 4.05. SELECTION AND TERM OF OFFICERS. (a) The 27-23 governor, lieutenant governor, comptroller of public accounts, and 27-24 attorney general are elected by the qualified voters at the 27-25 statewide general election for four-year terms in the manner 27-26 prescribed by law. Separate votes are cast for candidates for each 27-27 office. 28-1 (b) The secretary of state and other nonelective officers of 28-2 the governor's executive department are appointed by the governor 28-3 with the advice and consent of the senate and serve at the pleasure 28-4 of the governor. 28-5 (c) Other officers in the executive branch are elected or 28-6 appointed in the manner provided by law. 28-7 (d) Any appointment made by the governor under this 28-8 constitution or under law must be with the advice and consent of 28-9 the senate. 28-10 Sec. 4.06. GOVERNOR'S ELIGIBILITY AND INSTALLATION. (a) To 28-11 be eligible to be a candidate for or to serve as governor, a person 28-12 must be a qualified voter of this state, be at least 30 years of 28-13 age on the date the term of office begins, and have been a resident 28-14 of this state for the five years immediately preceding election 28-15 day. A person serving as governor in the third of three 28-16 consecutive four-year terms is not eligible for a fourth 28-17 consecutive term. For purposes of this subsection, a person is 28-18 considered to have served a four-year term if the person in fact 28-19 serves at least two years of the term. 28-20 (b) The legislature shall appropriate money for assistance 28-21 to a governor-elect. A governor-elect is entitled to receive any 28-22 information or reports that the incumbent governor is entitled to 28-23 receive from officers and state agencies. 28-24 (c) The governor is inaugurated on the first Tuesday 28-25 following the organization of the next regular session of the 28-26 legislature following the election, or as soon thereafter as 28-27 practicable. 29-1 Sec. 4.07. GUBERNATORIAL SUCCESSION. (a) If, before 29-2 inauguration, the governor-elect is disqualified, dies, or for any 29-3 other reason fails to assume office, the lieutenant governor-elect 29-4 is inaugurated as governor and serves for the full term. 29-5 (b) If articles of impeachment against the governor are 29-6 adopted by the house of representatives, the lieutenant governor 29-7 acts as governor during the pendency of the impeachment until the 29-8 governor is acquitted or convicted. If the governor is convicted 29-9 on impeachment, the lieutenant governor becomes governor and serves 29-10 for the remainder of the term. 29-11 (c) If the office of governor becomes vacant, the lieutenant 29-12 governor becomes governor and serves for the remainder of the term. 29-13 (d) If the governor is absent from the state or temporarily 29-14 disabled, the lieutenant governor acts as governor until the 29-15 governor returns or is no longer disabled. If the lieutenant 29-16 governor is also absent from the state or temporarily disabled, the 29-17 president pro tempore of the senate acts as governor until either 29-18 the governor or the lieutenant governor returns or is no longer 29-19 disabled. 29-20 (e) While serving or acting as governor, a person receives 29-21 only the compensation payable to the governor. 29-22 Sec. 4.08. ACTION ON BILLS AND RESOLUTIONS. (a) Every bill 29-23 that passes both houses of the legislature shall be presented to 29-24 the governor. The governor may approve the bill by signing it, in 29-25 which event it shall become law and be filed with the secretary of 29-26 state. The governor may veto the bill by returning it with 29-27 objections to the house in which it originated. That house shall 30-1 enter the objections in its journal and may reconsider the bill for 30-2 passage over the veto. If the bill passes that house by a 30-3 two-thirds record vote of the members present, it shall be sent 30-4 with the governor's objections to the other house, which shall 30-5 enter the objections in its journal and reconsider the bill for 30-6 passage over the veto. If the bill passes that house by a 30-7 two-thirds record vote of its membership, the bill shall become law 30-8 and be filed with the secretary of state. If the governor does not 30-9 approve or veto a bill within 10 days (Sundays excepted) after the 30-10 bill is presented to the governor, the bill shall become law and be 30-11 filed with the secretary of state, except that if the legislature 30-12 adjourns before the expiration of that period and the governor has 30-13 not approved or vetoed the bill, the governor may veto or approve 30-14 the bill on or before the 20th day after the date of adjournment. 30-15 If the governor does not approve or veto the bill within that 30-16 period, the bill becomes law and shall be filed with the secretary 30-17 of state at the expiration of that period. 30-18 (b) If the legislature adjourns before a bill presented to 30-19 the governor is vetoed, approved, or becomes law without the 30-20 governor's approval, the bill shall become law and shall be filed 30-21 with the secretary of state unless the governor vetoes the bill and 30-22 files the bill and the governor's objections to the bill with the 30-23 secretary of state and gives public notice of the veto by 30-24 proclamation. If the same legislature meets in veto session under 30-25 Section 3.10(g) of this constitution, the secretary of state shall 30-26 return the bill with the governor's objections to the house in 30-27 which the bill originated for reconsideration in the manner 31-1 provided by Subsection (a) of this section. 31-2 (c) The governor may veto any item of appropriation in a 31-3 bill. Portions of a bill containing an appropriation that are not 31-4 vetoed shall become law. Items vetoed together with the governor's 31-5 objections to those items shall be returned to the house in which 31-6 the bill originated for reconsideration in the manner provided by 31-7 Subsection (a) of this section. 31-8 (d) A resolution or other measure requiring the concurrence 31-9 of both houses of the legislature shall be presented to the 31-10 governor, except a measure proposing a constitutional amendment, 31-11 calling a constitutional convention, calling for removal of an 31-12 officer by address, or concerning legislative rules or procedures, 31-13 including adjournment or a legislative study or investigation. A 31-14 resolution or other measure presented to the governor under this 31-15 subsection is subject to Subsections (a) and (b) of this section 31-16 in the same manner as a bill. 31-17 Sec. 4.09. COMMANDER IN CHIEF. The governor is commander in 31-18 chief of the military forces of the state except when those forces 31-19 are called into active service of the United States. 31-20 Sec. 4.10. EXECUTION OF LAWS; CONDUCT OF BUSINESS WITH OTHER 31-21 GOVERNMENTS. The governor shall require the laws to be faithfully 31-22 executed and shall conduct, in person or in the manner prescribed 31-23 by law, all intercourse and business of the state with other 31-24 states, the United States, and foreign nations. 31-25 Sec. 4.11. CONVENING LEGISLATURE IN SPECIAL SESSION. The 31-26 governor, on extraordinary occasions, may convene the legislature 31-27 in special session, stating specifically the purpose of the 32-1 session. The legislature may consider only those matters that the 32-2 governor specifies in the call or subsequently presents to the 32-3 legislature. 32-4 Sec. 4.12. GOVERNOR'S AUTHORITY BEFORE COURTS. 32-5 Notwithstanding the authority granted by this constitution to the 32-6 attorney general in representing the state before the courts, the 32-7 governor may intervene in any legal action in which the state is a 32-8 party and in which the governor believes the intervention prudent 32-9 and necessary. 32-10 Sec. 4.13. ADMINISTRATIVE REORGANIZATION. (a) The governor 32-11 may submit to the legislature a written reorganization plan 32-12 reassigning functions among or consolidating or abolishing any 32-13 state agencies, offices, or governing bodies in the executive 32-14 branch, including agencies outside the governor's executive 32-15 department, other than an agency created by this constitution or 32-16 under the authority of a constitutional elected officer. During 32-17 the next 60 days after the date a plan is submitted during which 32-18 both houses of the legislature are in session, either house by 32-19 resolution may reject the plan. Unless rejected by one or both 32-20 houses in that period, the plan becomes effective according to its 32-21 terms. 32-22 (b) This section does not apply to an agency, office, or 32-23 body in the judicial or legislative branch. 32-24 Sec. 4.14. REPRIEVES, COMMUTATIONS, AND PARDONS; REMISSION 32-25 OF FINES AND FORFEITURES. The governor may, as provided by law, 32-26 grant: 32-27 (1) reprieves relating to the execution of death 33-1 sentences; 33-2 (2) commutations; 33-3 (3) pardons; and 33-4 (4) the remission of fines and forfeitures. 33-5 Sec. 4.15. LIEUTENANT GOVERNOR. To be a candidate for or to 33-6 serve as lieutenant governor, a person must have the same 33-7 qualifications provided for the governor. The lieutenant governor, 33-8 by virtue of the office, is president of the senate, but may vote 33-9 only to cast a deciding vote when the senate is equally divided. 33-10 When the senate is convened as a committee of the whole, the 33-11 lieutenant governor may debate and vote on all questions before the 33-12 committee. 33-13 Sec. 4.16. COMPTROLLER OF PUBLIC ACCOUNTS. The comptroller 33-14 of public accounts is the executive officer of the department of 33-15 the treasury and shall perform the duties required of that office 33-16 by this constitution and by law. 33-17 Sec. 4.17. ATTORNEY GENERAL. The attorney general is the 33-18 executive officer of the department of justice and represents the 33-19 state in all civil suits in which the state may be a party in the 33-20 courts of this state and of the United States, has all the powers 33-21 of the office as at common law, and has other powers and duties as 33-22 provided by law. The attorney general must be qualified to 33-23 practice before the Supreme Court of Texas. 33-24 Sec. 4.18. SECRETARY OF STATE. (a) The secretary of state 33-25 is the executive officer of the department of state and the chief 33-26 elections officer of the state, and shall perform the duties 33-27 required of that office by this constitution and by law. 34-1 (b) The secretary of state shall keep the state seal and use 34-2 it for official purposes under the direction of the governor. 34-3 Sec. 4.19. OTHER OFFICERS OF EXECUTIVE BRANCH. The other 34-4 officers of the executive branch have the powers and duties as 34-5 provided by this constitution and by law. 34-6 Sec. 4.20. COMPENSATION OF OFFICERS OF EXECUTIVE BRANCH. 34-7 (a) The compensation for constitutional officers of the executive 34-8 branch, including the governor, shall be prescribed by law, subject 34-9 to Section 10.08 of this constitution. 34-10 (b) The compensation of any officer of the executive branch 34-11 may not be diminished during the officer's term of office. 34-12 (c) In addition to any compensation or other perquisites 34-13 provided by law, the governor is entitled to the use of the 34-14 Governor's Mansion. 34-15 Sec. 4.21. DUAL OFFICE-HOLDING AND EMPLOYMENT. A 34-16 constitutional elected officer of the executive branch may not hold 34-17 any other civil or corporate office and, for compensation or the 34-18 promise of compensation, may not practice any other profession or 34-19 hold any other employment. This section does not apply to the 34-20 president pro tempore of the senate when that officer assumes the 34-21 office of lieutenant governor or governor until the president pro 34-22 tempore has served as lieutenant governor for six months. 34-23 Sec. 4.22. VACANCIES IN ELECTED OFFICES OF EXECUTIVE BRANCH. 34-24 Except for the offices of governor and lieutenant governor, a 34-25 vacancy in an office of the executive branch is filled by 34-26 appointment of the governor with the advice and consent of the 34-27 senate. The person so appointed serves the remainder of the term. 35-1 TEMPORARY TRANSITION PROVISIONS. (a) This article takes 35-2 effect September 1, 2003. 35-3 (b) Each state agency in existence on the effective date of 35-4 this article continues in effect under existing law until otherwise 35-5 provided by law or by a reorganization plan of the governor under 35-6 Section 4.13 of this constitution. The term of office of each 35-7 officer, including a member of a governing body, governing a state 35-8 agency continues as provided by law when the term of office began 35-9 unless otherwise provided by law or by a reorganization plan of the 35-10 governor under Section 4.13 of this constitution. 35-11 (c) The governor may adopt a reorganization plan under 35-12 Section 4.13 of this constitution and appoint the members of the 35-13 cabinet of the governor's executive department immediately on or 35-14 after the effective date of this article. 35-15 (d) The provisions of this article prohibiting the practice 35-16 of a profession or other employment do not apply to a member of the 35-17 cabinet until compensation for that office is initiated as provided 35-18 by law. 35-19 (e) The person serving as commissioner of the general land 35-20 office and the person serving as commissioner of agriculture on the 35-21 effective date of this article continue in office for the remainder 35-22 of the terms to which appointed or elected before this article 35-23 takes effect. Those offices may be abolished or consolidated with 35-24 another entity as provided by law or by the governor in a 35-25 reorganization plan under Section 4.13 of this constitution, except 35-26 that each of those offices shall continue in existence as an 35-27 elected state office as provided by the law in effect on the 36-1 effective date of this article: 36-2 (1) for the remainder of the term of office being 36-3 served on the effective date of this article and for each 36-4 subsequent consecutive term of the office to which the person 36-5 serving in the office on the effective date is elected; and 36-6 (2) if the person serving on the effective date of 36-7 this article is a candidate in the general election for the office 36-8 for a subsequent consecutive term of the same office, until at 36-9 least the end of the term of office filled at that general 36-10 election, without regard to who is elected to serve for that term. 36-11 (f) The requirements of the Constitution of 1876 that 36-12 certain officers of the executive department reside at the seat of 36-13 government or maintain an office or records at the seat of 36-14 government continue in effect as if provided by statute until 36-15 otherwise provided by law. 36-16 ARTICLE 5. JUDICIAL BRANCH 36-17 Sec. 5.01. JUDICIAL POWER. (a) The judicial power of this 36-18 state is vested in the judicial branch, which consists of the 36-19 supreme court, courts of appeals, district courts, and such other 36-20 courts as may be provided by law. 36-21 (b) The legislature by law shall establish the jurisdiction 36-22 of the courts of this state, subject to the provisions of this 36-23 constitution governing that jurisdiction. The jurisdiction of all 36-24 courts on the same level shall be uniform statewide. 36-25 Sec. 5.02. SUPREME COURT. (a) The Supreme Court of Texas 36-26 consists of the chief justice, 14 justices, and such other 36-27 officials as provided by law. Seven of the justices constitute the 37-1 civil division of the supreme court, and the other seven justices 37-2 constitute the criminal division. One of the justices on each 37-3 division is selected in the manner provided by law as presiding 37-4 justice of that division. Four members of a division constitute a 37-5 quorum, and the concurrence of four justices is necessary for a 37-6 decision in a case. A division may sit en banc or in sections as 37-7 designated by the division to hear argument of cases and to 37-8 consider petitions for review or other preliminary matters. The 37-9 chief justice may sit on either division or both divisions, as 37-10 provided by court rule. The supreme court may determine by rule 37-11 how conflicts between divisions should be resolved and under what 37-12 circumstances the chief justice may call the full court to sit en 37-13 banc. 37-14 (b) To serve in the office of chief justice or justice, a 37-15 person must be licensed to practice law in this state, be a citizen 37-16 of the United States and a resident of this state, and have been at 37-17 the time of appointment a practicing lawyer or a judge of a court 37-18 of record in this state for a total of at least 10 years. 37-19 Sec. 5.03. JURISDICTION OF SUPREME COURT. (a) The supreme 37-20 court is the highest court of the state and shall exercise the 37-21 judicial power of the state except as otherwise provided by this 37-22 constitution. Its jurisdiction shall be coextensive with the 37-23 limits of the state, and its determinations shall be final. Its 37-24 appellate jurisdiction shall be final and shall extend to all cases 37-25 except as otherwise provided by this constitution or by law. 37-26 (b) The appeal of all cases in which the death penalty has 37-27 been assessed shall be directly to the supreme court. The supreme 38-1 court may, on its own motion, review a decision of a court of 38-2 appeals as provided by law. The appeal of all other cases shall be 38-3 to the courts of appeals as prescribed by law. 38-4 (c) The supreme court and each division of the court may 38-5 issue writs of habeas corpus, mandamus, procedendo, and certiorari, 38-6 and other writs necessary to enforce the court's jurisdiction. The 38-7 legislature may confer original jurisdiction on the supreme court 38-8 to issue writs of quo warranto and mandamus, except as against the 38-9 governor. 38-10 (d) The supreme court may, on affidavit or otherwise as 38-11 determined by the court, ascertain matters of fact as necessary to 38-12 the proper exercise of its jurisdiction. 38-13 (e) The supreme court has jurisdiction to answer questions 38-14 of state law certified from federal appellate courts under rules of 38-15 procedure promulgated by the court. 38-16 (f) The legislature may provide by law for an appeal 38-17 directly to the supreme court from an order of any trial court 38-18 granting or denying an interlocutory or permanent injunction on the 38-19 grounds of the constitutionality or unconstitutionality of a 38-20 statute of this state or on the validity or invalidity of any 38-21 administrative order issued by any state agency under a statute of 38-22 this state. 38-23 (g) The supreme court may sit at any time during the year at 38-24 the seat of government or at any other location the court 38-25 determines appropriate for the transaction of business, and its 38-26 term shall begin and end with each calendar year. 38-27 (h) The supreme court may promulgate rules of administration 39-1 not inconsistent with law as may be necessary for the efficient and 39-2 uniform administration of justice in the courts, and may promulgate 39-3 other rules as authorized by this constitution or by law, subject 39-4 to the limitations and procedures provided by law. 39-5 Sec. 5.04. COURTS OF APPEALS. The legislature by law shall 39-6 establish one or more districts and in each provide for a court of 39-7 appeals consisting of a chief judge and two or more other judges. 39-8 A court of appeals may sit in sections if authorized by law. The 39-9 concurrence of a majority of the judges sitting is necessary to 39-10 decide a case. 39-11 Sec. 5.05. DISTRICT COURTS. (a) Except as limited by 39-12 Subsection (b) of this section, the legislature shall divide the 39-13 state into discrete geographical judicial districts with no 39-14 overlapping geographical areas. Each district shall have one 39-15 district court having one or more judges. Districts composed of 39-16 more than one county must be compact and of contiguous counties. 39-17 The legislature shall determine the number and location of 39-18 districts and the number of judges in each district. 39-19 (b) A judicial district may not be smaller in size than an 39-20 entire county. 39-21 (c) The district courts have original jurisdiction over all 39-22 actions and matters for which exclusive jurisdiction is not 39-23 otherwise provided by law. 39-24 Sec. 5.06. COUNTY AND JUSTICE COURTS. (a) There is in each 39-25 county in this state a county court, which shall be a court of 39-26 record. A county court has the jurisdiction provided by law. The 39-27 county judge is the presiding officer of the county court and has 40-1 the judicial functions provided by law. The county judge is 40-2 elected by the voters of the county for a term of office of four 40-3 years. 40-4 (b) The governing body of each county shall: 40-5 (1) from time to time divide the county into justice 40-6 of the peace precincts in the number provided by law; and 40-7 (2) establish and maintain one or more justice of the 40-8 peace courts, each serving one or more precincts in the manner 40-9 prescribed by law. 40-10 (c) A justice of the peace is elected for a four-year term 40-11 in the manner prescribed by law by the qualified voters of the 40-12 precinct or precincts served by the justice of the peace court. A 40-13 vacancy in the office of justice of the peace is filled by 40-14 appointment of the governing body of the county, and the person so 40-15 appointed serves until the next statewide general election. 40-16 Sec. 5.07. MUNICIPAL COURTS. (a) The governing body of a 40-17 municipality may establish and maintain municipal courts as 40-18 provided by law or by charter as authorized by law. 40-19 (b) A municipal court judge is selected in the manner 40-20 prescribed by law or by charter as authorized by law. 40-21 Sec. 5.08. JUDICIAL QUALIFICATIONS. (a) To be eligible to 40-22 serve as a court of appeals judge or district judge, a person must 40-23 be a citizen of the United States, be a resident of this state, be 40-24 licensed to practice law in this state, and satisfy any other 40-25 qualifications provided by law. 40-26 (b) To be eligible to serve as a county judge or a justice 40-27 of the peace, a person must be a citizen of the United States, be a 41-1 resident of the county, and satisfy any other qualifications 41-2 provided by law. 41-3 (c) The legislature shall establish the qualifications for a 41-4 judge of any other court established by law. 41-5 Sec. 5.09. JUDICIAL SELECTION AND TERMS. (a) The chief 41-6 justice and justices of the supreme court, courts of appeals 41-7 judges, and district judges shall, in the first instance, be 41-8 appointed by the governor with the advice and consent of the 41-9 senate. Five supreme court justices shall be appointed each two 41-10 years. The legislature by law may provide for the nomination of 41-11 eligible candidates for appointment to any court by a committee or 41-12 other nominating authority established by law and may require an 41-13 appointment to be made from the nominees of a nominating authority. 41-14 (b) The term of office for the chief justice, a justice of 41-15 the supreme court, and a court of appeals judge is six years. The 41-16 term of office for district judges is four years. 41-17 (c) In case of a vacancy in the office of the chief justice 41-18 or a supreme court justice, court of appeals judge, or district 41-19 judge, the governor shall fill the vacancy for the remainder of the 41-20 unexpired term by appointment with the advice and consent of the 41-21 senate. 41-22 (d) At the expiration of each term of office, the chief 41-23 justice or a justice of the supreme court, court of appeals judge, 41-24 or district judge who chooses to seek another term in the same 41-25 office is subject to a nonpartisan retention election without an 41-26 opponent, in which the qualified voters in the election vote either 41-27 "yes" or "no" on the proposition of an additional term for the 42-1 incumbent justice or judge. The retention election for the chief 42-2 justice or a justice of the supreme court shall be statewide. The 42-3 retention election for a court of appeals judge or district judge 42-4 shall be by the qualified voters of the district served by the 42-5 court. If the majority of votes cast at the election favor 42-6 retention, the incumbent is reelected to a subsequent term. If the 42-7 majority of votes cast at the election do not favor retention, the 42-8 office becomes vacant, in which case the governor shall appoint 42-9 another person to the office for the next term. 42-10 (e) The legislature by law may prescribe a mandatory 42-11 retirement age for justices and judges of appellate and district 42-12 courts. 42-13 Sec. 5.10. REMOVAL AND DISCIPLINE OF JUDGES. (a) The 42-14 governor shall remove the chief justice or a justice of the supreme 42-15 court on the address of two-thirds of the members of each house of 42-16 the legislature for wilful neglect of duty, incompetency, 42-17 oppression in office, or other reasonable cause not sufficient 42-18 grounds for impeachment, as determined by the legislature. 42-19 (b) The legislature by law shall establish a commission on 42-20 judicial conduct. Any justice or judge of the courts established 42-21 by this constitution or created by the legislature as provided by 42-22 Section 5.01 of this constitution, may, subject to the other 42-23 provisions hereof, be removed from office for willful or persistent 42-24 violation of rules promulgated by the Supreme Court of Texas, 42-25 incompetence in performing the duties of the office, willful 42-26 violation of the Code of Judicial Conduct, or willful or persistent 42-27 conduct that is clearly inconsistent with the proper performance of 43-1 his duties or casts public discredit upon the judiciary or 43-2 administration of justice. Any person holding such office may be 43-3 disciplined or censured, in lieu of removal from office, as 43-4 provided by this section. Any person holding an office specified 43-5 in this subsection may be suspended from office with or without pay 43-6 by the commission immediately on being indicted by a state or 43-7 federal grand jury for a felony offense or charged with a 43-8 misdemeanor involving official misconduct. On the filing of a 43-9 sworn complaint charging a person holding such office with willful 43-10 or persistent violation of rules promulgated by the Supreme Court 43-11 of Texas, incompetence in performing the duties of the office, 43-12 willful violation of the Code of Judicial Conduct, or willful and 43-13 persistent conduct that is clearly inconsistent with the proper 43-14 performance of the person's duties or casts public discredit on the 43-15 judiciary or on the administration of justice, the commission, 43-16 after giving the person notice and an opportunity to appear and be 43-17 heard before the commission, may recommend to the supreme court the 43-18 suspension of such person from office. The supreme court, after 43-19 considering the record of such appearance and the recommendation of 43-20 the commission, may suspend the person from office with or without 43-21 pay, pending final disposition of the charge. 43-22 Sec. 5.11. REMOVAL OF COUNTY OFFICERS. A county judge, 43-23 county attorney, clerk of a district or county court, justice of 43-24 the peace, constable, or other county officer may be removed by a 43-25 district court for incompetency, official misconduct, habitual 43-26 drunkenness, or other cause defined by law, on the petition of the 43-27 county attorney, district attorney, or criminal district attorney. 44-1 The officer whose removal is sought has the right to a trial of the 44-2 matter by a jury. 44-3 Sec. 5.12. CLERKS. (a) The supreme court shall appoint a 44-4 clerk who serves a six-year term of office unless removed by action 44-5 of the court recorded on the minutes of the court. 44-6 (b) The judges of a court of appeals may appoint a clerk to 44-7 the court in the manner provided by law. The judge or judges of 44-8 each district court by majority vote may appoint a clerk for the 44-9 court in the manner provided by law. The voters of each county 44-10 shall elect a county clerk for the county courts of the county. A 44-11 clerk appointed or elected under this subsection serves a four-year 44-12 term of office. A clerk appointed under this subsection may be 44-13 removed by action of the appointing judge or judges recorded on the 44-14 minutes of the court. 44-15 Sec. 5.13. JURIES. (a) A grand jury in a district court 44-16 consists of 12 persons, nine of whom constitute a quorum. 44-17 (b) A trial jury in a district court consists of 12 persons, 44-18 except that a trial jury for a criminal misdemeanor case consists 44-19 of six persons, and its verdict must be unanimous. The legislature 44-20 by law may provide that a district court jury in a civil or 44-21 misdemeanor case may consist of fewer than 12 persons but not fewer 44-22 than six persons. Not less than a majority of the members of a 44-23 district court jury may be authorized to render a verdict. 44-24 (c) A trial jury in a court inferior to the district court 44-25 consists of six persons, and its verdict must be unanimous, except 44-26 that the legislature by law may provide that in civil cases a 44-27 verdict may be rendered by fewer than six jurors. 45-1 (d) The legislature by law shall provide the qualifications 45-2 for a grand juror and a trial juror. 45-3 (e) Each party in a civil cause in the district or inferior 45-4 courts has a right of trial by jury on demand as provided by law 45-5 or, in the absence of law, by rule of the supreme court. A jury 45-6 may not be impaneled in any cause until a jury fee is paid if 45-7 required by law. 45-8 (f) The legislature by law may provide for a jury in a 45-9 criminal case to be informed about a law or other procedure, such 45-10 as parole, mandatory supervision, or good conduct time, that may 45-11 affect the time that a person sentenced to incarceration will 45-12 serve. 45-13 Sec. 5.14. APPEAL OF ACCUSED. (a) A person convicted of a 45-14 criminal offense in a trial court has a right to an appeal to the 45-15 court having jurisdiction. 45-16 (b) An appeal to the supreme court in a criminal case is at 45-17 the discretion of the supreme court unless otherwise provided by 45-18 this constitution or by law. 45-19 Sec. 5.15. STATE'S RIGHT TO APPEAL IN CRIMINAL CASES. The 45-20 state is entitled to appeal in criminal cases as authorized by law. 45-21 Sec. 5.16. SUSPENSION OF SENTENCE AND PROBATION. A court 45-22 having original jurisdiction of a criminal case may suspend 45-23 sentence, place a defendant on probation, and reimpose sentence, 45-24 subject to regulation by law. 45-25 TEMPORARY TRANSITION PROVISIONS. (a) This article takes 45-26 effect September 1, 2003. 45-27 (b) Each justice of the supreme court and court of criminal 46-1 appeals serving on the effective date of this article continues in 46-2 office as a justice of the supreme court after this article takes 46-3 effect. The persons serving as justices of the supreme court 46-4 constitute the justices of the civil division and the persons 46-5 serving as justices of the court of criminal appeals constitute the 46-6 justices of the criminal division. The person serving as chief 46-7 justice of the supreme court becomes the presiding justice of the 46-8 civil division and the person serving as presiding judge of the 46-9 court of criminal appeals becomes the presiding justice of the 46-10 criminal division. At the expiration of the term of office being 46-11 served on the effective date and at the end of each subsequent 46-12 term, each of those justices seeking to serve a subsequent term on 46-13 the supreme court in the same office is subject to a retention 46-14 election in the manner provided by this article. A position on the 46-15 supreme court held by a former supreme court or court of criminal 46-16 appeals justice under this subsection shall be filled as provided 46-17 by Section 5.09 of this constitution only when the justice resigns 46-18 or otherwise leaves office or when the justice's term ends and the 46-19 justice does not run for retention or is not retained after running 46-20 in a retention election. The first vacancies on the civil division 46-21 and the criminal division occurring after the effective date of 46-22 this article that would otherwise be filled as provided by Section 46-23 5.09 of this constitution may not be filled until the number of 46-24 justices in each division is reduced to seven as provided by 46-25 Section 5.02 of this constitution. On the effective date of this 46-26 article, the governor with the advice and consent of the senate 46-27 shall appoint a person to serve as chief justice of the supreme 47-1 court for a term that expires January 1, 2009. 47-2 (c) All other courts established by law and in existence on 47-3 the effective date of this article continue to exist with the 47-4 powers and jurisdiction provided by law on the effective date until 47-5 the legislature by law provides otherwise in conformance with this 47-6 constitution. Each judge serving on the effective date of this 47-7 article continues in office as a judge of the same court when this 47-8 article takes effect, and serves the same term to which elected or 47-9 appointed before the effective date, unless otherwise provided by 47-10 law. In changing the courts in existence on the effective date of 47-11 this article in conformance with this article, the legislature may 47-12 provide by law for the implementation of this article, including 47-13 provisions for the transfer of a judge from one court to another, 47-14 for the abolition of a court or judicial office, or for the 47-15 shortening or extension of the term of a judge or judicial office. 47-16 Each term of judicial office that begins on or after the effective 47-17 date of this article and each judicial vacancy that occurs on or 47-18 after that effective date shall be filled by appointment as 47-19 provided by this article, except that the legislature by law may 47-20 provide that, at the expiration of the term of office being served 47-21 on the effective date, the judge of a court of appeals or district 47-22 court seeking to serve a subsequent term on the same court or on 47-23 another court of the same type for which the person is eligible is 47-24 subject to a retention election in the manner provided by this 47-25 article. 47-26 (d) Unless otherwise provided by the supreme court under 47-27 this subsection or by other law, a matter pending in any court on 48-1 the effective date of this article remains pending in that court 48-2 for disposition in the manner provided by the law in effect when 48-3 the matter was filed in that court. A matter pending before the 48-4 court of criminal appeals immediately before the effective date is 48-5 considered pending in the supreme court on the effective date. The 48-6 supreme court by rule or order may make any provision necessary to 48-7 ensure that a change made by this article or by the legislature in 48-8 conformance with this article does not adversely affect the 48-9 substantial rights of any party having a matter pending before any 48-10 court on the effective date. 48-11 (e) Except as otherwise provided by law, rules adopted by a 48-12 court that are in effect on the effective date of this article are 48-13 continued in effect until superseded by law or court rule adopted 48-14 under the authority of this article. 48-15 (f) Members of the State Judicial Qualifications Commission 48-16 on the effective date of this article continue in office, and the 48-17 existing commission shall continue to operate pursuant to Section 48-18 1-a, Article V, Constitution of 1876, until otherwise provided by 48-19 law. 48-20 (g) The clerks of the courts serving on the effective date 48-21 of this article continue in office under the law in effect on the 48-22 effective date. A clerk holding elected office continues in office 48-23 for the remainder of the term being served. A clerk holding an 48-24 appointed position serves until the expiration of the clerk's term, 48-25 if any, or until another clerk is selected as provided by this 48-26 article or by law. 48-27 (h) Before January 1, 2005, the supreme court by rule or 49-1 order may adopt any additional saving or transitional procedures or 49-2 provisions the supreme court considers appropriate to implement 49-3 this article fairly and efficiently. A rule or order under this 49-4 subsection may be superseded by statute. 49-5 ARTICLE 6. VOTER QUALIFICATIONS AND ELECTIONS 49-6 Sec. 6.01. QUALIFICATIONS FOR VOTING. A United States 49-7 citizen who is at least 18 years of age and who meets the 49-8 registration and residence requirements provided by law is a 49-9 qualified voter unless the person has been finally convicted of a 49-10 felony and has not had the disabilities of that conviction removed 49-11 as provided by law or unless the person has been determined 49-12 mentally incompetent by a final judgment of a court. 49-13 Sec. 6.02. ELECTIONS. (a) Voting by the people in all 49-14 elections shall be by secret ballot. 49-15 (b) The legislature shall provide by law for residence, 49-16 registration, and early voting requirements, for the administration 49-17 and conduct of elections, and for the protection of the integrity 49-18 of the electoral process. 49-19 (c) The statewide general election shall be held in 49-20 even-numbered years on a date prescribed by law. 49-21 TEMPORARY TRANSITION PROVISION. This article takes effect 49-22 September 1, 2003. 49-23 ARTICLE 7. EDUCATION 49-24 Sec. 7.01. EQUITABLE SUPPORT OF PUBLIC FREE SCHOOLS. (a) A 49-25 general diffusion of knowledge being essential to the preservation 49-26 of the liberties and rights of the people, the legislature shall 49-27 establish and make suitable provision for the support and 50-1 maintenance of an efficient system of public free schools. 50-2 (b) In order to satisfy the requirements of Subsection (a) 50-3 of this section: 50-4 (1) not more than 15 percent of the state's public 50-5 free school students, as defined by law, may be enrolled in school 50-6 districts in which the financial resources available per student 50-7 are not equalized by the state; and 50-8 (2) except for those districts described by 50-9 Subdivision (1) of this subsection, each school district must have 50-10 substantially equal access to similar revenues per pupil at similar 50-11 tax rates. 50-12 Sec. 7.02. SCHOOL AND COMMUNITY COLLEGE DISTRICTS. The 50-13 legislature by general law shall provide for establishing, 50-14 financing, consolidating, and abolishing school districts and 50-15 community college districts and shall define their powers. 50-16 Sec. 7.03. PERMANENT AND AVAILABLE SCHOOL FUNDS. (a) The 50-17 permanent school fund consists of the property set apart, before or 50-18 after this article takes effect, for the support of public free 50-19 schools, the proceeds from sale and mineral development of the 50-20 property, and the property purchased with the proceeds. 50-21 (b) The permanent school fund is held in perpetual trust for 50-22 the public free schools. The principal of the fund may not be 50-23 spent except as provided in Subsection (d) or (e) of this section. 50-24 The land of the permanent school fund may be sold, leased, or 50-25 exchanged as provided by law. 50-26 (c) The available school fund consists of the income from 50-27 the permanent school fund and the state taxes dedicated to the 51-1 available school fund. The available school fund shall be applied 51-2 annually to the support of the public free schools. Except as 51-3 provided by this section, no law shall ever be enacted 51-4 appropriating any part of the permanent or available school fund to 51-5 any other purpose whatever; nor shall the same, or any part 51-6 thereof ever be appropriated to or used for the support of any 51-7 sectarian school; and the available school fund shall be 51-8 distributed to the several counties according to their scholastic 51-9 population and applied in such manner as may be provided by law. 51-10 The legislature may appropriate part of the available school fund 51-11 for administration of the permanent school fund or of a bond 51-12 guarantee program established under this section. 51-13 (d) The legislature by general law may allocate to the 51-14 available school fund not more than one-half of the capital gains 51-15 on investment of the permanent school fund. 51-16 (e) The legislature by general law may provide for using the 51-17 permanent school fund and the income from the permanent school fund 51-18 to guarantee bonds issued by school districts. The legislature 51-19 shall provide for the recovery from the appropriate school district 51-20 of any permanent school fund money required to be expended as a 51-21 result of the bond guarantees authorized by this subsection. 51-22 (f) The State Board of Education shall manage the assets of 51-23 the permanent school fund in the manner prescribed by general law. 51-24 Subject to general law, the board may acquire, exchange, sell, 51-25 supervise, manage, or retain, through procedures and subject to 51-26 restrictions it establishes and in amounts it considers 51-27 appropriate, any kind of investment, including investments in the 52-1 Texas growth fund created by Section 8.20 of this constitution, 52-2 that persons of ordinary prudence, discretion, and intelligence, 52-3 exercising the judgment and care under the circumstances then 52-4 prevailing, acquire or retain for their own account in the 52-5 management of their affairs, not in regard to speculation but in 52-6 regard to the permanent disposition of their funds, considering the 52-7 probable income as well as the probable safety of their capital. 52-8 Sec. 7.04. STATE BOARD OF EDUCATION. The legislature shall 52-9 provide by law for a state board of education, whose members shall 52-10 be appointed or elected in the manner and by the authority 52-11 provided by law and shall serve for such terms as provided by law, 52-12 not to exceed six years. The board shall perform the duties 52-13 prescribed by law or by this constitution. 52-14 Sec. 7.05. HIGHER EDUCATION SYSTEM. The legislature shall 52-15 provide for the creation, management, maintenance, and support of a 52-16 public higher education system consisting of a university of the 52-17 first class styled "The University of Texas," other institutions of 52-18 the first class, and university systems, system component 52-19 universities, community colleges, and other institutions of higher 52-20 education as may be created by law. 52-21 Sec. 7.061. UNIVERSITY OF TEXAS. The legislature shall as 52-22 soon as practicable establish, organize and provide for the 52-23 maintenance, support and direction of a university of the first 52-24 class, to be located by a vote of the people of this state, and 52-25 styled, "The University of Texas", for the promotion of literature, 52-26 and the arts and sciences, including an agricultural and mechanical 52-27 department. 53-1 Sec. 7.062. PERMANENT UNIVERSITY FUND. In order to enable 53-2 the legislature to perform the duties set forth in the foregoing 53-3 section, it is hereby declared all lands and other property 53-4 heretofore set apart and appropriated for the establishment and 53-5 maintenance of The University of Texas, together with all the 53-6 proceeds of sales of the same, heretofore made or hereafter to be 53-7 made, and all grants, donations and appropriations that may 53-8 hereafter be made by the State of Texas, or from any other source, 53-9 except donations limited to specific purposes, shall constitute and 53-10 become a permanent university fund. And the same as realized and 53-11 received into the treasury of the state (together with such sums 53-12 belonging to the fund, as may now be in the treasury), shall be 53-13 invested in bonds of the United States, the State of Texas, or 53-14 counties of said state, or in school bonds of municipalities, or in 53-15 bonds of any city of this State, or in bonds issued under and by 53-16 virtue of the Federal Farm Loan Act approved by the President of 53-17 the United States, July 17, 1916, and amendments thereto; and the 53-18 interest accruing thereon shall be subject to appropriation by the 53-19 legislature to accomplish the purpose declared in the foregoing 53-20 section; provided, that the one-tenth of the alternate section of 53-21 the lands granted to railroads, reserved by the state, which were 53-22 set apart and appropriated to the establishment of The University 53-23 of Texas, by an act of the legislature of February 11, 1858, 53-24 entitled, "An Act to establish the University of Texas," shall not 53-25 be included in, or constitute a part of, the permanent university 53-26 fund. 53-27 Sec. 7.063. AUTHORIZED INVESTMENTS FOR PERMANENT UNIVERSITY 54-1 FUND. (a) In addition to the bonds enumerated in Section 7.062 of 54-2 this constitution, the board of regents of The University of Texas 54-3 may invest the permanent university fund in securities, bonds or 54-4 other obligations issued, insured, or guaranteed in any manner by 54-5 the United States government, or any of its agencies, and in such 54-6 bonds, debentures, or obligations, and preferred and common stocks 54-7 issued by corporations, associations, or other institutions as the 54-8 board of regents of The University of Texas System may deem to be 54-9 proper investments for said funds; provided, however, that not more 54-10 than one per cent (1%) of said fund shall be invested in the 54-11 securities of any one (1) corporation, nor shall more than five per 54-12 cent (5%) of the voting stock of any one (1) corporation be owned; 54-13 provided, further, that stocks eligible for purchase shall be 54-14 restricted to stocks of companies incorporated within the United 54-15 States which have paid dividends for five (5) consecutive years or 54-16 longer immediately prior to the date of purchase and which, except 54-17 for bank stocks and insurance stocks, are listed upon an exchange 54-18 registered with the Securities and Exchange Commission or its 54-19 successors. 54-20 (b) In making each and all of such investments said board of 54-21 regents shall exercise the judgment and care under the 54-22 circumstances then prevailing which men of ordinary prudence, 54-23 discretion, and intelligence exercise in the management of their 54-24 own affairs, not in regard to speculation but in regard to the 54-25 permanent disposition of their funds, considering the probable 54-26 income therefrom as well as the probable safety of their capital. 54-27 (c) The interest, dividends and other income accruing from 55-1 the investments of the permanent university fund, except the 55-2 portion thereof which is appropriated by the operation of Section 55-3 7.067 of this constitution for the payment of principal and 55-4 interest on bonds or notes issued thereunder, shall be subject to 55-5 appropriation by the legislature to accomplish the purposes 55-6 declared in Section 7.061 of this constitution. 55-7 (d) This amendment shall be self-enacting, and shall become 55-8 effective upon its adoption, provided, however, that the 55-9 legislature shall provide by law for full disclosure of all details 55-10 concerning the investments in corporate stocks and bonds and other 55-11 investments authorized herein. 55-12 Sec. 7.064. GENERAL INVESTMENT AUTHORITY FOR PERMANENT 55-13 UNIVERSITY FUND. Notwithstanding any other provision of this 55-14 constitution, in managing the assets of the permanent university 55-15 fund, the board of regents of the University of Texas System may 55-16 acquire, exchange, sell, supervise, manage, or retain, through 55-17 procedures and subject to restrictions it establishes and in 55-18 amounts it considers appropriate, any kind of investment, including 55-19 investments in the Texas growth fund created by Section 8.20 of 55-20 this constitution, that prudent investors, exercising reasonable 55-21 care, skill, and caution, would acquire or retain in light of the 55-22 purposes, terms, distribution requirements, and other circumstances 55-23 of the fund then prevailing, taking into consideration the 55-24 investment of all the assets of the fund rather than a single 55-25 investment. 55-26 Sec. 7.065. SALE OF PERMANENT UNIVERSITY FUND LAND. The 55-27 land herein set apart to the permanent university fund shall be 56-1 sold under such regulations, at such times, and on such terms as 56-2 may be provided by law; and the legislature shall provide for the 56-3 prompt collection, at maturity, of all debts due on account of 56-4 university lands, heretofore sold, or that may hereafter be sold, 56-5 and shall in neither event have the power to grant relief to the 56-6 purchasers. 56-7 Sec. 7.066. ADDITIONAL LAND FOR PERMANENT UNIVERSITY FUND. 56-8 In addition to the lands heretofore granted to The University of 56-9 Texas, there is hereby set apart, and appropriated, for the 56-10 endowment maintenance, and support of said university and its 56-11 branches, one million acres of the unappropriated public domain of 56-12 the state, to be designated, and surveyed as may be provided by 56-13 law; and said lands shall be sold under the same regulations, and 56-14 the proceeds invested in the same manner, as is provided for the 56-15 sale and investment of the permanent university fund; and the 56-16 legislature shall not have power to grant any relief to the 56-17 purchasers of said lands. 56-18 Sec. 7.067. AVAILABLE UNIVERSITY FUND; BONDS AND 56-19 APPROPRIATIONS. (a) The board of regents of The Texas A&M 56-20 University System may issue bonds and notes not to exceed a total 56-21 amount of 10 percent of the cost value of the investments and other 56-22 assets of the permanent university fund (exclusive of real estate) 56-23 at the time of the issuance thereof, and may pledge all or any part 56-24 of its one-third interest in the available university fund to 56-25 secure the payment of the principal and interest of those bonds and 56-26 notes, for the purpose of acquiring land either with or without 56-27 permanent improvements, constructing and equipping buildings or 57-1 other permanent improvements, major repair and rehabilitation of 57-2 buildings and other permanent improvements, acquiring capital 57-3 equipment and library books and library materials, and refunding 57-4 bonds or notes issued under this section or prior law, at or for 57-5 The Texas A&M University System administration and the following 57-6 component institutions of the system: 57-7 (1) Texas A&M University, including its medical 57-8 college which the legislature may authorize as a separate medical 57-9 institution; 57-10 (2) Prairie View A&M University, including its nursing 57-11 school in Houston; 57-12 (3) Tarleton State University; 57-13 (4) Texas A&M University at Galveston; 57-14 (5) Texas Forest Service; 57-15 (6) Texas Agricultural Experiment Stations; 57-16 (7) Texas Agricultural Extension Service; 57-17 (8) Texas Engineering Experiment Stations; 57-18 (9) Texas Transportation Institute; and 57-19 (10) Texas Engineering Extension Service. 57-20 (b) The board of regents of The University of Texas System 57-21 may issue bonds and notes not to exceed a total amount of 20 57-22 percent of the cost value of investments and other assets of the 57-23 permanent university fund (exclusive of real estate) at the time of 57-24 issuance thereof, and may pledge all or any part of its two-thirds 57-25 interest in the available university fund to secure the payment of 57-26 the principal and interest of those bonds and notes, for the 57-27 purpose of acquiring land either with or without permanent 58-1 improvements, constructing and equipping buildings or other 58-2 permanent improvements, major repair and rehabilitation of 58-3 buildings and other permanent improvements, acquiring capital 58-4 equipment and library books and library materials, and refunding 58-5 bonds or notes issued under this section or prior law, at or for 58-6 The University of Texas System administration and the following 58-7 component institutions of the system: 58-8 (1) The University of Texas at Arlington; 58-9 (2) The University of Texas at Austin; 58-10 (3) The University of Texas at Dallas; 58-11 (4) The University of Texas at El Paso; 58-12 (5) The University of Texas of the Permian Basin; 58-13 (6) The University of Texas at San Antonio; 58-14 (7) The University of Texas at Tyler; 58-15 (8) The University of Texas Health Science Center at 58-16 Dallas; 58-17 (9) The University of Texas Medical Branch at 58-18 Galveston; 58-19 (10) The University of Texas Health Science Center at 58-20 Houston; 58-21 (11) The University of Texas Health Science Center at 58-22 San Antonio; 58-23 (12) The University of Texas System Cancer Center; 58-24 (13) The University of Texas Health Center at Tyler; 58-25 and 58-26 (14) The University of Texas Institute of Texan 58-27 Cultures at San Antonio. 59-1 (c) Pursuant to a two-thirds vote of the membership of each 59-2 house of the legislature, institutions of higher education may be 59-3 created at a later date as a part of The University of Texas System 59-4 or The Texas A&M University System by general law, and, when 59-5 created, such an institution shall be entitled to participate in 59-6 the funding provided by this section for the system in which it is 59-7 created. An institution that is entitled to participate in 59-8 dedicated funding provided by Section 7.07 of this constitution may 59-9 not be entitled to participate in the funding provided by this 59-10 section. 59-11 (d) The proceeds of the bonds or notes issued under 59-12 Subsection (a) or (b) of this section may not be used for the 59-13 purpose of constructing, equipping, repairing, or rehabilitating 59-14 buildings or other permanent improvements that are to be used for 59-15 student housing, intercollegiate athletics, or auxiliary 59-16 enterprises. 59-17 (e) The available university fund consists of the 59-18 distributions made to it from the total return on all investment 59-19 assets of the permanent university fund, including the net income 59-20 attributable to the surface of permanent university fund land. The 59-21 amount of any distributions to the available university fund shall 59-22 be determined by the board of regents of The University of Texas 59-23 System in a manner intended to provide the available university 59-24 fund with a stable and predictable stream of annual distributions 59-25 and to maintain over time the purchasing power of permanent 59-26 university fund investments and annual distributions to the 59-27 available university fund. The amount distributed to the available 60-1 university fund in a fiscal year must be not less than the amount 60-2 needed to pay the principal and interest due and owing in that 60-3 fiscal year on bonds and notes issued under this section. If the 60-4 purchasing power of permanent university fund investments for any 60-5 rolling 10-year period is not preserved, the board may not increase 60-6 annual distributions to the available university fund until the 60-7 purchasing power of the permanent university fund investments is 60-8 restored, except as necessary to pay the principal and interest due 60-9 and owing on bonds and notes issued under this section. An annual 60-10 distribution made by the board to the available university fund 60-11 during any fiscal year may not exceed an amount equal to seven 60-12 percent of the average net fair market value of permanent 60-13 university fund investment assets as determined by the board, 60-14 except as necessary to pay any principal and interest due and owing 60-15 on bonds issued under this section. The expenses of managing 60-16 permanent university fund land and investments shall be paid by the 60-17 permanent university fund. 60-18 (f) Out of one-third of the annual distribution from the 60-19 permanent university fund to the available university fund, there 60-20 shall be appropriated an annual sum sufficient to pay the principal 60-21 and interest due on the bonds and notes issued by the board of 60-22 regents of The Texas A&M University System under this section and 60-23 prior law, and the remainder of that one-third of the annual 60-24 distribution to the available university fund shall be appropriated 60-25 to the board of regents of The Texas A&M University System, which 60-26 shall have the authority and duty in turn to appropriate an 60-27 equitable portion of the same for the support and maintenance of 61-1 The Texas A&M University System administration, Texas A&M 61-2 University, and Prairie View A&M University. The board of regents 61-3 of The Texas A&M University System, in making just and equitable 61-4 appropriations to Texas A&M University and Prairie View A&M 61-5 University, shall exercise its discretion with due regard to such 61-6 criteria as the board may deem appropriate from year to year. Out 61-7 of the other two-thirds of the annual distribution from the 61-8 permanent university fund to the available university fund there 61-9 shall be appropriated an annual sum sufficient to pay the principal 61-10 and interest due on the bonds and notes issued by the board of 61-11 regents of The University of Texas System under this section and 61-12 prior law, and the remainder of such two-thirds of the annual 61-13 distribution to the available university fund, shall be 61-14 appropriated for the support and maintenance of The University of 61-15 Texas at Austin and The University of Texas System administration. 61-16 (g) The bonds and notes issued under this section shall be 61-17 payable solely out of the available university fund, mature 61-18 serially or otherwise in not more than 30 years from their 61-19 respective dates, and, except for refunding bonds, be sold only 61-20 through competitive bidding. All of these bonds and notes are 61-21 subject to approval by the attorney general and when so approved 61-22 are incontestable. The permanent university fund may be invested 61-23 in these bonds and notes. 61-24 (h) To assure efficient use of construction funds and the 61-25 orderly development of physical plants to accommodate the state's 61-26 real need, the legislature may provide for the approval or 61-27 disapproval of all new construction projects at the eligible 62-1 agencies and institutions entitled to participate in the funding 62-2 provided by this section except The University of Texas at Austin, 62-3 Texas A&M University in College Station, and Prairie View A&M 62-4 University. 62-5 (i) The state systems and institutions of higher education 62-6 designated in this section may not receive any funds from the 62-7 general revenue of the state for acquiring land with or without 62-8 permanent improvements, for constructing or equipping buildings or 62-9 other permanent improvements, or for major repair and 62-10 rehabilitation of buildings or other permanent improvements except 62-11 that: 62-12 (1) in the case of fire or natural disaster the 62-13 legislature may appropriate from the general revenue an amount 62-14 sufficient to replace the uninsured loss of any building or other 62-15 permanent improvement; and 62-16 (2) the legislature, by two-thirds vote of each house, 62-17 may, in cases of demonstrated need, which need must be clearly 62-18 expressed in the body of the act, appropriate general revenue funds 62-19 for acquiring land with or without permanent improvements, for 62-20 constructing or equipping buildings or other permanent 62-21 improvements, or for major repair and rehabilitation of buildings 62-22 or other permanent improvements. This subsection does not apply to 62-23 legislative appropriations made prior to the adoption of this 62-24 amendment. 62-25 (j) This section is self-enacting, and the state comptroller 62-26 of public accounts shall do all things necessary to effectuate this 62-27 section. This section does not impair any obligation created by 63-1 the issuance of bonds or notes in accordance with prior law, and 63-2 all outstanding bonds and notes shall be paid in full, both 63-3 principal and interest, in accordance with their terms, and the 63-4 changes herein made in the allocation of the available university 63-5 fund shall not affect the pledges thereof made in connection with 63-6 such bonds or notes heretofore issued. If the provisions of this 63-7 section conflict with any other provision of this constitution, 63-8 then the provisions of this section shall prevail, notwithstanding 63-9 any such conflicting provisions. 63-10 (k) The amendment of former Section 18, Article VII, of this 63-11 constitution adopted in 1999 does not impair any obligation created 63-12 by the issuance of bonds or notes in accordance with that section 63-13 before January 1, 2000, and all outstanding bonds and notes validly 63-14 issued under that section remain valid, enforceable, and binding 63-15 and shall be paid in full, both principal and interest, in 63-16 accordance with their terms and from the sources pledged to their 63-17 payment. In order to ensure that the amendment of that section 63-18 does not impair any obligation created by the issuance of those 63-19 bonds and notes, there shall be distributed from the income, 63-20 investment returns, or other assets of the permanent university 63-21 fund to the available university fund during each fiscal year an 63-22 amount at least equal to the amount necessary to pay the principal 63-23 and interest due and owing during the fiscal year on those bonds 63-24 and notes. This subsection expires January 1, 2030. 63-25 Sec. 7.07. HIGHER EDUCATION CAPITAL FUND. (a) In each 63-26 fiscal year there is appropriated out of the first money coming 63-27 into the state treasury not otherwise appropriated by this 64-1 constitution $250 million to be allocated as provided by law to the 64-2 state's academic institutions of higher education other than an 64-3 institution that benefits from the permanent university fund under 64-4 Section 7.067 of this constitution or a junior college, for the 64-5 purpose of acquiring land either with or without permanent 64-6 improvements, constructing and equipping buildings or other 64-7 permanent improvements, funding major repair or rehabilitation of 64-8 buildings or other permanent improvements, and acquiring capital 64-9 equipment, library books, and library materials. The legislature 64-10 may appropriate additional money for that purpose. 64-11 (b) The governing board of an institution authorized to 64-12 participate in the distribution of money under this section may 64-13 issue negotiable bonds or notes for the benefit of the institution 64-14 payable from the institution's allocations under this section. The 64-15 aggregate principal amount of the bonds may not exceed 50 percent 64-16 of the value of the funds appropriated to the institution under 64-17 this section. The legislature may, by provision in the general 64-18 appropriations bill, adjust the allocation of the funds for the 64-19 ensuing biennium but may not adjust the appropriation in such a way 64-20 as to impair any obligation created by the issuance of bonds or 64-21 notes in accordance with this section. The bonds and notes may be 64-22 used for the purposes enumerated in this section. 64-23 (c) The legislature by general law may provide for and 64-24 regulate: 64-25 (1) the pledge of these funds for bonds or refunding 64-26 bonds; 64-27 (2) the manner of sale and maturities for bonds 65-1 payable from these funds; 65-2 (3) the depository for these funds; 65-3 (4) the transfers of these funds by the comptroller to 65-4 the institutions; and 65-5 (5) the incontestability of bonds approved by the 65-6 attorney general. 65-7 (d) The funds appropriated by this section may not be used 65-8 for the purpose of constructing, equipping, repairing, or 65-9 rehabilitating buildings or other permanent improvements that are 65-10 to be used for student housing, intercollegiate athletics, or 65-11 auxiliary enterprises. 65-12 (e) The legislature by general law may dedicate portions of 65-13 the state's revenues to the creation of a dedicated fund for the 65-14 purposes expressed in Subsection (a) of this section. The 65-15 principal of the fund may not be spent for any purpose except on 65-16 affirmative vote of two-thirds of the membership of each house of 65-17 the legislature. The income from the investment of the fund shall 65-18 be credited to the fund until the fund balance equals $2 billion. 65-19 After the balance of the fund reaches $2 billion, the income from 65-20 investment of the fund shall be expended for the purposes and in 65-21 the manner described by Subsection (a) of this section, except 65-22 that 10 percent of the income shall be credited to the principal of 65-23 the fund. At the beginning of the first fiscal year after the fund 65-24 balance reaches $2 billion, the appropriation required by 65-25 Subsection (a) shall cease. 65-26 (f) An allocation under this section to the Texas State 65-27 Technical College System and its campuses may not exceed 2.2 66-1 percent of the total of all allocations in any fiscal year. 66-2 TEMPORARY TRANSITION PROVISIONS. (a) This article takes 66-3 effect September 1, 2003. 66-4 (b) The powers directly granted to school districts and 66-5 junior college districts by Section 3-b, Article VII, Constitution 66-6 of 1876, are continued in effect until the effective date of a 66-7 general law that by its terms diminishes or discontinues the powers 66-8 in whole or in part. 66-9 (c) The adoption of this article does not impair any 66-10 obligation created by the issuance of bonds or notes in accordance 66-11 with Sections 17 and 18, Article VII, Constitution of 1876, before 66-12 September 1, 2003, and all outstanding bonds and notes validly 66-13 issued under those sections remain valid, enforceable, and binding 66-14 and shall be paid in full, both principal and interest, in 66-15 accordance with their terms and from the sources pledged to the 66-16 payment of the bonds. The changes made in the allocation of the 66-17 available university fund do not affect the pledges made in 66-18 connection with bonds or notes. The legislature by general law may 66-19 provide for implementation of this provision. 66-20 (d) In any fiscal year the legislature may reduce the amount 66-21 of an appropriation made under Section 7.07 of this constitution, 66-22 by the amount an institution receives in that fiscal year from the 66-23 available university fund in connection with an obligation issued 66-24 by or for the institution when the institution was entitled to 66-25 participate in funding from the available university fund. 66-26 (e) On September 1, 2003, the money in the higher education 66-27 fund created under Section 17(i), Article VII, Constitution of 67-1 1876, as that section existed on January 1, 1999, is transferred to 67-2 the credit of the fund created under Section 7.07(e) of this 67-3 constitution. 67-4 (f) The Texas tomorrow fund established under the 67-5 Constitution of 1876 and prior law is continued as a trust fund 67-6 dedicated to the purposes for which the fund was established. 67-7 ARTICLE 8. FINANCE 67-8 Sec. 8.01. STATE TAXATION. (a) State taxes may be levied 67-9 and collected only by general law and only for public purposes. 67-10 (b) No state ad valorem tax on real property or tangible 67-11 personal property may be levied except that the legislature by law 67-12 may provide for a statewide ad valorem tax to provide state support 67-13 for the public free schools. 67-14 Sec. 8.02. AD VALOREM TAXATION. (a) Except as otherwise 67-15 permitted or provided by this article, in a taxing authority that 67-16 imposes an ad valorem tax, all real property and tangible personal 67-17 property must be taxed equally and uniformly in proportion to its 67-18 market value. 67-19 (b) A political subdivision of this state may not impose an 67-20 ad valorem tax unless the voters of the political subdivision have 67-21 approved the imposition of an ad valorem tax. 67-22 Sec. 8.03. APPRAISAL OF TAXABLE PROPERTY; EQUALIZATION. (a) 67-23 The legislature by law shall provide for the establishment and 67-24 enforcement of standards and procedures for appraisal of property 67-25 for ad valorem tax purposes. These standards must: 67-26 (1) be applied uniformly throughout the state; and 67-27 (2) provide for equalizing to the greatest extent 68-1 possible the valuation of all property subject to taxation. 68-2 (b) Except as limited by general law, a taxing authority 68-3 levying an ad valorem tax on property within a county may seek 68-4 countywide enforcement of the standards and procedures under 68-5 Subsection (a) of this section. 68-6 (c) The legislature shall provide by law for a single 68-7 appraisal within each county and all property subject to ad valorem 68-8 taxation by the county and all other taxing authorities located in 68-9 the county. 68-10 (d) The legislature by law may authorize an appraisal 68-11 outside a county if: 68-12 (1) the taxing authority is located in more than one 68-13 county; or 68-14 (2) two or more counties elect to consolidate 68-15 appraisal services. 68-16 (e) The legislature by law shall provide for a single board 68-17 of equalization for each appraisal entity. The board must consist 68-18 of qualified persons residing within the territory appraised by the 68-19 entity. A member of the board may not be an elected official of 68-20 the county or the governing body of a taxing unit. 68-21 (f) The costs and expenses of appraisals are to be allocated 68-22 among the taxing authorities in the manner prescribed by law. 68-23 (g) The legislature shall by law prescribe the methods, 68-24 timing, and administrative process for implementing this section. 68-25 Sec. 8.04. AD VALOREM TAXATION OF RAILROAD ROLLING STOCK. 68-26 The rolling stock of a railroad company may be appraised for ad 68-27 valorem taxation in gross as provided by law and the appraised 69-1 value of the rolling stock apportioned for taxation among the 69-2 counties in proportion to the length of the railroad bed located in 69-3 each county on which the railroad company operates the rolling 69-4 stock. 69-5 Sec. 8.05. AUTHORITY FOR AD VALOREM TAX EXEMPTIONS. The 69-6 legislature may provide exemptions and other relief from ad valorem 69-7 taxation in addition to that provided by this constitution. 69-8 Sec. 8.06. AD VALOREM TAX RELIEF FOR RESIDENCE HOMESTEADS. 69-9 (a) The amount of $3,000 of the market value of the residence 69-10 homestead of a married or unmarried adult individual is exempt from 69-11 state or county ad valorem taxation. 69-12 (b) The amount of $15,000 of the market value of the 69-13 residence homestead of a married or unmarried adult individual is 69-14 exempt from taxation for general elementary and secondary public 69-15 school purposes. The legislature by law may provide that all or 69-16 part of the exemption does not apply to a taxing authority that is 69-17 not the principal school district providing general elementary and 69-18 secondary public education throughout its territory. 69-19 (c) The total amount of ad valorem taxes imposed for general 69-20 elementary and secondary public school purposes each year on the 69-21 residence homestead of an individual who is 65 years of age or 69-22 older may not be increased in any year while it remains the 69-23 residence homestead of the individual or, if the individual dies, 69-24 of the individual's surviving spouse who is 55 years of age or 69-25 older on the date the individual dies, subject to any exceptions 69-26 provided by law. The legislature by law may provide for the 69-27 transfer of all or a proportionate amount of a limitation provided 70-1 by this subsection for a person who qualifies for the limitation 70-2 and establishes a different residence homestead. Taxes limited by 70-3 this subsection may be increased to the extent the market value of 70-4 the homestead is increased by improvements, other than improvements 70-5 made to comply with governmental requirements. 70-6 (d) The legislature by law may define "residence homestead" 70-7 for purposes of this section and may prescribe procedures for the 70-8 administration of exemptions under this section. 70-9 Sec. 8.07. APPRAISAL FOR TAXATION OF AGRICULTURAL AND OTHER 70-10 OPEN-SPACE LAND. (a) The legislature by general law shall provide 70-11 for the ad valorem taxation of open-space land used for 70-12 agricultural use or other farm or ranch purposes, wildlife 70-13 management, or timber production on the basis of the land's 70-14 productive capacity for those purposes. For purposes of this 70-15 section, "agricultural use" means the raising of livestock or 70-16 growing of crops, fruit, flowers, and other products of the soil 70-17 under natural conditions as a business venture for profit. 70-18 (b) The legislature may provide eligibility limitations and 70-19 impose sanctions in furtherance of the purposes of this section. 70-20 Sec. 8.08. OTHER AD VALOREM TAX EXEMPTIONS. (a) Public 70-21 property held primarily for public purposes is exempt from ad 70-22 valorem taxation. 70-23 (b) The legislature by general law shall exempt from ad 70-24 valorem taxation household goods and personal effects not held or 70-25 used for the production of income. 70-26 (c) Implements of husbandry used in the production of farm 70-27 or ranch products are exempt from ad valorem taxation. 71-1 Sec. 8.09. AD VALOREM TAX EXEMPTION FOR FREEPORT GOODS. (a) 71-2 To promote economic development in this state, tangible personal 71-3 property and ores, other than oil, gas, or other petroleum 71-4 products, are exempt from ad valorem taxation if: 71-5 (1) the property is acquired in or imported into this 71-6 state to be forwarded outside of this state, whether or not the 71-7 intention to forward the property outside this state is formed or 71-8 the destination to which the property is forwarded is specified 71-9 when the property is acquired in or imported into this state; 71-10 (2) the property is detained in this state for 71-11 assembling, storing, manufacturing, processing, or fabricating 71-12 purposes by the person who acquired or imported the property; and 71-13 (3) the property is transported outside this state not 71-14 later than 175 days after the date the person acquired or imported 71-15 the property. 71-16 (b) Property otherwise exempt under Subsection (a) of this 71-17 section is subject to ad valorem taxation by a taxing authority 71-18 that elected to tax the property as provided by law before January 71-19 1, 1990, unless the taxing authority subsequently elects to exempt 71-20 the property from ad valorem taxation by the taxing authority. A 71-21 taxing authority that elects to exempt the property from taxation 71-22 may not tax the property at any time after that election. 71-23 Sec. 8.10. SALE OF PROPERTY FOR DELINQUENT TAXES. The 71-24 legislature by law may provide for the sale of land or other 71-25 property for delinquent ad valorem taxes, as well as for the rights 71-26 to the redemption of that land or property. 71-27 Sec. 8.105. OCCUPATION TAXES. An occupation tax may not be 72-1 imposed on persons engaged in mechanical or agricultural pursuits. 72-2 Sec. 8.106. FARM PRODUCTS AND FAMILY SUPPLIES EXEMPT FROM 72-3 TAXATION. Farm products, livestock, and poultry in the hands of 72-4 the producer, and family supplies for home and farm use, are exempt 72-5 from all taxation until otherwise directed by law passed by a vote 72-6 of two-thirds of the members elected to each house of the 72-7 legislature. 72-8 Sec. 8.11. PERSONAL INCOME TAX. A general law enacted by 72-9 the legislature that imposes a tax on the net incomes of natural 72-10 persons must provide that the portion of the law imposing the tax 72-11 not take effect until approved by a majority of the registered 72-12 voters voting in a statewide referendum held on the question of 72-13 imposing the tax. A condition stated in the referendum relating to 72-14 the tax may not be changed while the tax is imposed unless the 72-15 change is approved at a subsequent referendum under this section. 72-16 Sec. 8.12. PUBLIC FUNDS. (a) Public funds and public 72-17 credit may be used only for public purposes. 72-18 (b) The legislature may not grant or authorize the grant of 72-19 state money to a political subdivision of this state except for a 72-20 governmental purpose or as expressly authorized by this 72-21 constitution. 72-22 (c) Public funds or public credit may not be used to 72-23 influence the election of a public office. 72-24 Sec. 8.13. REVENUE FROM MOTOR VEHICLE REGISTRATION FEES AND 72-25 TAXES ON MOTOR FUELS AND LUBRICANTS. (a) Except as provided by 72-26 Subsection (b) of this section, and subject to legislative 72-27 appropriation, allocation, and direction, all net revenue remaining 73-1 after payment of all refunds allowed by law and expenses of 73-2 collection derived from motor vehicle registration fees and all 73-3 taxes, except gross production and ad valorem taxes, on motor fuels 73-4 and lubricants used to propel motor vehicles over public roadways 73-5 shall be used only for the following purposes: 73-6 (1) acquiring rights-of-way for the public roadways; 73-7 (2) constructing, maintaining, and policing the public 73-8 roadways; and 73-9 (3) administering the laws pertaining to the 73-10 supervision of traffic and safety on the public roadways. 73-11 (b) One-fourth of the net revenue from the tax on motor 73-12 fuels described by Subsection (a) of this section shall be used as 73-13 provided by law for the support of the public free schools. 73-14 (c) All revenue received from the federal government as 73-15 reimbursement for state expenditures of funds that are themselves 73-16 dedicated for acquiring rights-of-way and constructing, 73-17 maintaining, and policing public roadways as provided by Subsection 73-18 (a) of this section shall be used only for those purposes. 73-19 Sec. 8.14. STATE DEBT. (a) In this section, "state debt" 73-20 means bonds or other evidence of indebtedness secured by the 73-21 general credit of the state or to be repaid from taxes, fees, 73-22 tuition, or other revenue or income of the state, including revenue 73-23 or income of a state agency or institution having statewide 73-24 jurisdiction or of a state senior college or university. "State 73-25 debt" does not include bonds or other evidences of indebtedness 73-26 issued to finance a project if the debt is authorized by law and is 73-27 payable solely from revenue generated by the project. 74-1 (b) State debt may not be incurred except: 74-2 (1) to supply casual deficiencies of revenue, not to 74-3 exceed in the aggregate at any one time $500,000; 74-4 (2) to repel invasion, suppress insurrection, or 74-5 defend the state in war; 74-6 (3) as otherwise authorized by this constitution; or 74-7 (4) as authorized by Subsections (c) through (g) of 74-8 this section. 74-9 (c) The legislature, by joint resolution approved by at 74-10 least two-thirds of the members of each house, may from time to 74-11 time call an election and submit to the eligible voters of this 74-12 state one or more propositions that, if approved by a majority of 74-13 those voting on the question, authorize the legislature to create 74-14 state debt for the purposes and subject to the limitations stated 74-15 in the applicable proposition. Each election and proposition must 74-16 conform to the requirements of Subsections (d) and (e) of this 74-17 section. 74-18 (d) The legislature may call an election under Subsection 74-19 (c) of this section during any regular session of the legislature 74-20 or during any special session of the legislature in which the 74-21 subject of the election is designated in the governor's 74-22 proclamation for that special session. The election may be held on 74-23 any date authorized by law, and notice of the election shall be 74-24 given for the period and in the manner required for amending this 74-25 constitution. The election shall be held in each county in the 74-26 manner provided by law for other statewide elections. 74-27 (e) A proposition must clearly describe the amount and 75-1 purpose for which debt is to be created and must describe the 75-2 source of payment for the debt. Except as provided by law under 75-3 Subsection (g) of this section, the amount of debt stated in the 75-4 proposition may not be exceeded and may not be renewed after the 75-5 debt has been created unless the right to exceed or renew is stated 75-6 in the proposition. 75-7 (f) The legislature may enact all laws necessary or 75-8 appropriate to implement the authority granted by a proposition 75-9 that is approved as provided by Subsection (c) of this section. A 75-10 law enacted in anticipation of the election is valid if, by its 75-11 terms, it is subject to the approval of the related proposition. 75-12 (g) State debt authorized under this section may be refunded 75-13 in the manner and amount and subject to the conditions provided by 75-14 law. 75-15 (h) State debt authorized under this section and approved by 75-16 the attorney general in accordance with applicable law is 75-17 incontestable for any reason. 75-18 Sec. 8.15. LIMIT ON STATE DEBT. (a) The legislature may 75-19 not create additional state debt payable from the general revenue 75-20 fund if the resulting annual debt service exceeds the limitation 75-21 imposed by this section. The maximum annual debt service in any 75-22 fiscal year on state debt payable from the general revenue fund may 75-23 not exceed five percent of an amount equal to the average of the 75-24 amount of general revenue fund revenues, excluding revenues 75-25 constitutionally dedicated for purposes other than payment of state 75-26 debt, for the three preceding fiscal years. 75-27 (b) For purposes of this section, "state debt payable from 76-1 the general revenue fund" means general obligation and revenue 76-2 bonds, including authorized but unissued bonds, and lease-purchase 76-3 agreements in an amount greater than $250,000, which bonds or lease 76-4 purchase agreements are designed to be repaid with the general 76-5 revenues of the state. The term does not include bonds that, 76-6 although backed by the full faith or credit of the state, are 76-7 reasonably expected to be paid from other revenue sources and that 76-8 are not expected to create a general revenue draw. Bonds or 76-9 lease-purchase agreements that pledge the full faith and credit of 76-10 the state are considered to be reasonably expected to be paid from 76-11 other revenue sources if they are designed to receive revenues 76-12 other than state general revenues sufficient to cover their debt 76-13 service over the life of the bonds or agreement. If those bonds or 76-14 agreements, or any portion of the bonds or agreements, subsequently 76-15 require use of the state's general revenue for payment, the bonds 76-16 or agreements, or portion of the bonds or agreements, are 76-17 considered to be a "state debt payable from the general revenue 76-18 fund" under this section, until: 76-19 (1) the bonds or agreements are backed by insurance or 76-20 another form of guarantee that ensures payment from a source other 76-21 than general revenue; or 76-22 (2) the issuer demonstrates in the manner provided by 76-23 law that the bonds no longer require payment from general revenue. 76-24 Sec. 8.16. APPROPRIATIONS. (a) All money received or 76-25 collected by the state or any state agency, including the proceeds 76-26 of a judgment, may be spent only as provided by legislative 76-27 appropriation. This subsection does not apply to money received 77-1 and held in a trust established by law or by this constitution for 77-2 a specific beneficiary. 77-3 (b) An appropriation must be made by law, be specific, be 77-4 for a purpose authorized by law, and be for a period not longer 77-5 than two years. 77-6 (c) On the convening of the legislature in regular session, 77-7 the comptroller of public accounts shall submit to the governor and 77-8 the legislature a report that shows: 77-9 (1) the condition of the treasury at the end of the 77-10 preceding fiscal period; 77-11 (2) an estimate of the probable receipts and 77-12 disbursements for the then current fiscal year; 77-13 (3) an itemized estimate of anticipated revenue for 77-14 the succeeding biennium; and 77-15 (4) other information required by law. 77-16 (d) On the convening of a special session of the 77-17 legislature, the comptroller of public accounts shall submit a 77-18 report showing changes from the report most recently submitted 77-19 under Subsection (c) of this section. 77-20 (e) A bill containing an appropriation is not considered 77-21 passed and may not be presented to the governor unless: 77-22 (1) the comptroller of public accounts has certified 77-23 that the amount appropriated is within the amount estimated to be 77-24 available for the applicable period; or 77-25 (2) the appropriation is made in response to 77-26 imperative public necessity and approved by a record affirmative 77-27 four-fifths vote of the membership of each house of the 78-1 legislature. 78-2 (f) On finding that an appropriation in a bill exceeds the 78-3 amount estimated to be available, the comptroller shall endorse 78-4 that finding on the bill, return the bill to the house in which it 78-5 originated, and notify both houses of the legislature of the 78-6 findings and of the return of the bill. 78-7 Sec. 8.17. RESTRICTION ON APPROPRIATIONS. (a) In no 78-8 biennium may the rate of growth of appropriations from state tax 78-9 revenues not dedicated by this constitution exceed the anticipated 78-10 rate of growth of the state's economy. The legislature by general 78-11 law shall provide procedures to implement this subsection. 78-12 (b) If the legislature by adoption of a resolution by a 78-13 record vote of a majority of the members of each house finds that 78-14 an emergency exists and identifies the nature of the emergency, the 78-15 legislature may provide for appropriations in excess of the amount 78-16 authorized by Subsection (a) of this section. The excess 78-17 authorized under this subsection may not exceed the amount 78-18 specified in the resolution. 78-19 (c) Appropriations authorized under Subsection (b) of this 78-20 section are subject to Section 8.16 of this constitution. 78-21 Sec. 8.18. BUDGET EXECUTION. (a) The legislature by law 78-22 may authorize or direct the governor to exercise fiscal control 78-23 over the expenditure of appropriated money. 78-24 (b) The governor shall ensure that items of appropriation 78-25 for the executive department are expended only as directed by the 78-26 legislature. 78-27 (c) The legislature, by rider in an appropriation act or by 79-1 other statute, may authorize an officer or agency of any branch of 79-2 state government to make an expenditure or emergency transfer of 79-3 appropriated money, subject to the conditions provided by the 79-4 appropriation act or other statute. 79-5 Sec. 8.19. LIMITS ON CERTAIN APPROPRIATIONS. (a) The 79-6 maximum amount paid out of state funds for assistance grants to or 79-7 on behalf of needy dependent children and their caretakers may not 79-8 exceed one percent of the state budget for the two years of each 79-9 state fiscal biennium. The legislature by law shall provide for 79-10 the means for determining the state budget amounts, including state 79-11 and other funds appropriated by the legislature, to be used in 79-12 establishing the biennial limit. 79-13 (b) If the limitation provided by Subsection (a) of this 79-14 section is found to be in conflict with the provisions of 79-15 appropriate federal statutes to the extent that federal matching 79-16 money is not available to the state for the specified purposes, the 79-17 legislature may prescribe such limitations and restrictions and 79-18 enact such laws as may be necessary in order that such federal 79-19 matching money will be available. 79-20 Sec. 8.20. TEXAS GROWTH FUND. (a) The Texas growth fund is 79-21 created as a trust fund that invests in new or small businesses, 79-22 businesses with rapid growth potential, or investments in applied 79-23 research and organizational activities leading to business 79-24 formation and opportunities involving new or improved processes or 79-25 products. All investments of the fund shall be directly related to 79-26 the creation, retention, or expansion of employment opportunities 79-27 and economic growth in this state. 80-1 (b) An investing fund or system of the state, without 80-2 liability at law or in equity to members of the governing board of 80-3 the fund or system in their personal or official capacities, may 80-4 cumulatively invest up to one percent of the book value of the fund 80-5 in the Texas growth fund. 80-6 (c) The legislature shall by general law provide for: 80-7 (1) the establishment of the board of trustees for the 80-8 Texas growth fund; 80-9 (2) the appointment of members of the board of 80-10 trustees by the governor and the terms of office for board members; 80-11 (3) the authority of the board of trustees; 80-12 (4) restrictions on and criteria for investments of 80-13 the fund; and 80-14 (5) the audit and review of the fund and its 80-15 investments. 80-16 TEMPORARY TRANSITION PROVISIONS. (a) This article takes 80-17 effect September 1, 2003. 80-18 (b) A political subdivision of this state authorized to 80-19 impose an ad valorem tax on the effective date of this article may 80-20 continue to impose an ad valorem tax until otherwise provided by 80-21 law, subject to any restrictions provided by law. A limit provided 80-22 by the Constitution of 1876 as it existed on the effective date of 80-23 this article on the maximum ad valorem tax rate that a taxing 80-24 authority may adopt continues in effect until otherwise provided by 80-25 law. 80-26 (c) All exemptions and other relief from ad valorem taxation 80-27 authorized by the Constitution of 1876 or law in effect on the 81-1 effective date of this article remain in effect until otherwise 81-2 provided by law. 81-3 ARTICLE 9. LOCAL GOVERNMENT 81-4 Sec. 9.01. COUNTIES. (a) The counties of the state are 81-5 those that exist on the date of adoption of this article. 81-6 (b) Under procedures prescribed by general law: 81-7 (1) county boundaries may be changed if approved by a 81-8 majority of the qualified voters who vote on the question in each 81-9 affected county; and 81-10 (2) counties may be merged or county seats relocated 81-11 if approved by a majority of the qualified voters who vote on the 81-12 question in each affected county. 81-13 Sec. 9.02. POWERS OF COUNTY GOVERNMENT. A county has only 81-14 the powers granted by this constitution and by law. 81-15 Sec. 9.03. COUNTY OFFICERS. (a) The governing body of a 81-16 county is the county commission, consisting of the county judge 81-17 and four county commissioners, with each commissioner elected by 81-18 the qualified voters of separate and compact precincts containing 81-19 as nearly as practicable an equal number of inhabitants. The 81-20 county judge is the presiding officer of the county commission. 81-21 (b) Subject to change approved by the qualified voters under 81-22 Subsection (g) of this section, the qualified voters of each county 81-23 elect a sheriff, treasurer, and tax assessor-collector. The 81-24 legislature by general law may provide for other county officers. 81-25 (c) County attorneys, district attorneys, and criminal 81-26 district attorneys are elected in such numbers and for such 81-27 counties as provided by general or local law. A district attorney 82-1 represents the state in all criminal cases in courts below the 82-2 level of court of appeals other than municipal courts or justice 82-3 courts, except that in a county in which there is a county attorney 82-4 the powers and duties of the district and county attorneys are as 82-5 provided by general or local law. A county, district, or criminal 82-6 district attorney performs other duties and functions provided by 82-7 general or local law. 82-8 (d) The county commission may provide for the election of 82-9 one or more constables. 82-10 (e) The qualifications and functions of county officers and 82-11 the grounds and procedure for disqualification, suspension, and 82-12 removal are as provided by this constitution or by general law. In 82-13 addition to other qualifications, a county attorney, district 82-14 attorney, or criminal district attorney must be licensed to 82-15 practice law in this state. 82-16 (f) The county clerk shall act as county recorder and clerk 82-17 of the county commission. 82-18 (g) In the manner and to the extent provided by general law, 82-19 the qualified voters of a county by a majority vote of those voting 82-20 on the question may create additional county offices, eliminate 82-21 county offices, combine the functions of county offices, or change 82-22 the method of selection of county offices. The county commission 82-23 shall act to ensure that, following action under this subsection, 82-24 all duties and functions required by state law are assigned to an 82-25 appropriate office. 82-26 (h) Vacancies in county offices are filled as provided by 82-27 general law. 83-1 Sec. 9.04. GENERAL-LAW AND HOME-RULE MUNICIPALITIES. (a) 83-2 The legislature shall provide by law for general-law and home-rule 83-3 municipalities, which shall be classified as such according to 83-4 population. 83-5 (b) A general-law municipality may be organized only under 83-6 general law and has the powers, including the power to levy, 83-7 assess, and collect taxes, as authorized by general law. 83-8 (c) A home-rule municipality may be organized under a 83-9 municipal charter and has the powers authorized by the charter, 83-10 including the power to levy, assess, and collect taxes. The 83-11 qualified voters of a municipality authorized by law to be 83-12 organized under a municipal charter may by majority vote adopt, 83-13 amend, or repeal the municipal charter as provided by general law. 83-14 A charter or ordinance adopted under a charter may not be 83-15 inconsistent with this constitution or with general law. 83-16 Sec. 9.05. SPECIAL DISTRICTS AND AUTHORITIES. The 83-17 legislature by general or local law shall provide for establishing, 83-18 financing, consolidating, and abolishing special districts and 83-19 authorities and shall define their powers. 83-20 Sec. 9.06. COMPENSATION OF OFFICIALS. An elected official 83-21 of a political subdivision may be compensated only by a salary or 83-22 per diem payments and in amounts provided by law or charter. 83-23 Sec. 9.07. LOCAL DEBT. A county, municipality, special 83-24 district or authority, or other political subdivision may not issue 83-25 general obligation bonds, except refunding bonds, unless the bonds 83-26 are approved by a majority vote of the qualified voters voting on 83-27 the question. A debt may not be created by a political subdivision 84-1 unless, at the same time, provision is made for paying the interest 84-2 and principal of the debt when due. 84-3 Sec. 9.08. INTERGOVERNMENTAL COOPERATION. Any county, 84-4 municipality, special district or authority, or other political 84-5 subdivision may agree and contract, except as limited by law and 84-6 with or without compensation, to share the costs and 84-7 responsibilities of functions and services with any one or more 84-8 other political subdivisions. 84-9 Sec. 9.09. CONSOLIDATION OF OFFICES AND TRANSFER OF 84-10 FUNCTIONS AMONG POLITICAL SUBDIVISIONS. (a) Political 84-11 subdivisions, including counties, municipalities, and special 84-12 districts or authorities, may be authorized by general or local law 84-13 to consolidate offices, transfer functions of government, or modify 84-14 or cancel a consolidation or transfer. A law may not authorize a 84-15 consolidation or transfer among political subdivisions of more than 84-16 one county. 84-17 (b) A consolidation or transfer may not take effect unless 84-18 it is approved by a majority of the qualified voters who vote on 84-19 the question in each affected political subdivision, except that if 84-20 the question involves a consolidation or transfer of county offices 84-21 or functions, the proposition must be approved by a majority of the 84-22 qualified voters who reside in unincorporated areas of the county. 84-23 (c) Notwithstanding the requirements of Subsections (a) and 84-24 (b) of this section, the legislature by general or local law may 84-25 provide for the consolidation of the function of collection of 84-26 taxes in a county. 84-27 (d) This section does not apply to the annexation of 85-1 territory by a municipality or other political subdivision in 85-2 accordance with applicable law. 85-3 Sec. 9.10. LOCAL OPTION ON SALE OF ALCOHOLIC BEVERAGES. (a) 85-4 The legislature shall enact general laws whereby the qualified 85-5 voters of any county, justice precinct, or municipality may, by a 85-6 majority vote of those voting, determine from time to time whether 85-7 the sale of intoxicating liquors for beverage purposes shall be 85-8 prohibited or legalized within the prescribed limits. Such laws 85-9 shall contain provisions for voting on the sale of intoxicating 85-10 liquors of various types. 85-11 (b) In all counties, justice precincts, or municipalities 85-12 wherein the sale of intoxicating liquors had been prohibited by 85-13 local option elections held under the laws of the state and in 85-14 force at the time of the taking effect of this article, it shall 85-15 continue to be unlawful to manufacture, sell, barter, or exchange 85-16 in any such prescribed limits any spirituous, vinous, or malt 85-17 liquors or medicated bitters capable of producing intoxication or 85-18 any other intoxicants whatsoever, for beverage purposes, unless and 85-19 until a majority of the qualified voters in such county, justice 85-20 precinct, or municipality voting in an election held for such 85-21 purpose shall determine such to be lawful. 85-22 Sec. 9.11. GOVERNMENTAL AND PROPRIETARY FUNCTIONS. The 85-23 legislature by general law may define for all purposes those 85-24 functions of a municipality or other political subdivision that are 85-25 to be considered governmental and those that are proprietary, 85-26 including reclassifying a function's classification assigned by a 85-27 prior statute or common law. 86-1 TEMPORARY TRANSITION PROVISIONS. (a) This article takes 86-2 effect September 1, 2003. 86-3 (b) Any power directly granted to a county, municipality, or 86-4 special district or authority under the Constitution of 1876 not 86-5 also granted by statute or this constitution is continued in effect 86-6 until superseded by law. 86-7 (c) The term of office of each officer of a county, 86-8 municipality, special district or authority, or other political 86-9 subdivision continues as provided by law when the term of office 86-10 began unless otherwise provided by law or, where applicable, by 86-11 charter. 86-12 ARTICLE 10. GENERAL PROVISIONS 86-13 Sec. 10.01. SEAL OF THE STATE. The seal of the state is a 86-14 star of five points encircled by olive and live oak branches and 86-15 the words "The State of Texas." 86-16 Sec. 10.02. OFFICIAL OATH. Each state and local officer 86-17 shall take the following oath before entering on the duties of 86-18 public office: 86-19 "I, _____________, do solemnly swear (or affirm) that I will 86-20 faithfully execute the duties of the office of ____________ and 86-21 will to the best of my ability preserve, protect, and defend the 86-22 constitutions and laws of the United States and of this state, so 86-23 help me God." 86-24 Sec. 10.03. RESIDENCE OF PUBLIC OFFICERS. Each state and 86-25 local officer must reside in this state. An officer of a political 86-26 subdivision or district must reside in the political subdivision or 86-27 district that the officer serves and shall keep the office at the 87-1 location prescribed by law. An officer who does not comply with 87-2 this section vacates the office. 87-3 Sec. 10.04. CONTINUATION IN OFFICE. Each state and local 87-4 officer shall continue to perform the duties of office until a 87-5 successor is qualified. 87-6 Sec. 10.05. VACANCY IN OFFICE. (a) A vacancy in a state or 87-7 district office shall be filled by appointment of the governor with 87-8 the advice and consent of the senate unless another means of 87-9 filling the vacancy is provided by this constitution or by law. 87-10 (b) A person elected to fill a vacancy in office serves only 87-11 for the remainder of the term. 87-12 Sec. 10.06. DISQUALIFICATION, SUSPENSION, AND REMOVAL OF 87-13 OFFICER; DISABILITY OF OFFICER. (a) The legislature by general 87-14 law may: 87-15 (1) establish grounds and procedures for the 87-16 disqualification, suspension, or removal of an officer for whom a 87-17 mode of removal is not provided in this constitution; 87-18 (2) establish grounds and procedures for the 87-19 withholding of an officer's salary; and 87-20 (3) provide for the temporary filling of a vacancy or 87-21 the temporary performance of the duties of an office following an 87-22 officer's disqualification, suspension, or removal. 87-23 (b) The legislature by law shall provide procedures for the 87-24 temporary suspension and replacement or for the permanent 87-25 replacement of an executive branch officer who becomes temporarily 87-26 or permanently disabled or who otherwise becomes unable to 87-27 discharge the duties of office. 88-1 Sec. 10.07. TEXAS ETHICS COMMISSION. (a) The Texas Ethics 88-2 Commission is a state agency consisting of the following eight 88-3 members: 88-4 (1) two members of different political parties 88-5 appointed by the governor from a list of at least 10 names 88-6 submitted by the members of the house of representatives from each 88-7 political party required by law to hold a primary; 88-8 (2) two members of different political parties 88-9 appointed by the governor from a list of at least 10 names 88-10 submitted by the members of the senate from each political party 88-11 required by law to hold a primary; 88-12 (3) two members of different political parties 88-13 appointed by the speaker of the house of representatives from a 88-14 list of at least 10 names submitted by the members of the house 88-15 from each political party required by law to hold a primary; and 88-16 (4) two members of different political parties 88-17 appointed by the lieutenant governor from a list of at least 10 88-18 names submitted by the members of the senate from each political 88-19 party required by law to hold a primary. 88-20 (b) Commission members serve four-year terms. A vacancy on 88-21 the commission shall be filled for the unexpired portion of the 88-22 term in the same manner as the original appointment. A member who 88-23 has served for one term and any part of a second term is not 88-24 eligible for reappointment. 88-25 (c) The commission has the powers and duties provided by 88-26 law. 88-27 Sec. 10.08. TEXAS SALARY COMMISSION. (a) The Texas Salary 89-1 Commission is a state agency composed of nine members appointed by 89-2 the governor with the advice and consent of the senate. Members 89-3 serve six-year terms of office, with the terms of three members 89-4 expiring every other year. A vacancy on the commission is filled 89-5 for the unexpired term by appointment of the governor with the 89-6 advice and consent of the senate. A member of the commission may 89-7 not hold another public office. 89-8 (b) In addition to performing other duties prescribed by 89-9 this constitution or by law, the commission shall recommend the 89-10 rate of compensation for elected and appointed officers of the 89-11 executive branch, for judges of state district courts, and for 89-12 judges and justices of appellate courts, including the supreme 89-13 court. The commission shall set the compensation for members of 89-14 the legislature in accordance with Section 3.09 of this 89-15 constitution. 89-16 (c) The compensation paid to an officer for which the 89-17 commission makes a recommendation may not exceed the amount 89-18 recommended by the commission. The compensation paid is determined 89-19 by law and is subject to limits established by general law or 89-20 appropriation. A recommendation of the commission does not entitle 89-21 an officer to compensation at that rate. 89-22 (d) In this section, "compensation" includes salary or a 89-23 compensatory per diem, but does not include other benefits or 89-24 reimbursement for expenses. 89-25 Sec. 10.09. SEPARATE AND COMMUNITY PROPERTY OF SPOUSES. (a) 89-26 In this section, a "marriage" is the union of a man and a woman 89-27 joined in a mutual social and legal dependence for the purpose of 90-1 founding and maintaining a family, and a "spouse" is one of the 90-2 people united in marriage. 90-3 (b) The legislature may enact laws consistent with this 90-4 section that define the rights of spouses in relation to separate 90-5 and community property. 90-6 (c) All property of a spouse owned or claimed before 90-7 marriage, and that acquired afterward by gift, devise, or descent, 90-8 is the separate property of that spouse. 90-9 (d) Spouses or persons about to marry, without the intention 90-10 to defraud preexisting creditors, may by written instrument from 90-11 time to time partition between themselves all or part of their 90-12 property, then existing or to be acquired, or exchange between 90-13 themselves the community interest of one spouse or future spouse in 90-14 any property for the community interest of the other spouse or 90-15 future spouse in other community property then existing or to be 90-16 acquired. The portion or interest set aside to each is the 90-17 separate property of that spouse or future spouse. 90-18 (e) Spouses may from time to time, by written instrument, 90-19 agree between themselves that the income or property from all or 90-20 part of the separate property then owned or thereafter acquired by 90-21 only one of them is the separate property of that spouse. 90-22 (f) If one spouse makes a gift of property to the other, the 90-23 gift is presumed to include all the income or property that might 90-24 arise from that gift. 90-25 (g) Spouses may agree in writing that, on the death of one 90-26 spouse, all or part of the community property becomes the property 90-27 of the surviving spouse. 91-1 (h) Spouses may agree in writing that all or part of the 91-2 separate property owned by either or both of them becomes the 91-3 spouses' community property. 91-4 Sec. 10.10. HOMESTEAD. (a) The homestead is the home of a 91-5 family or single adult. The place used for conducting a business 91-6 or occupation of the claimant of an urban homestead may also be a 91-7 homestead. 91-8 (b) The rural homestead consists of not more than 200 acres 91-9 of land in one or more parcels, with improvements, located outside 91-10 a municipality. Not more than 50 acres on which the home is 91-11 located is a residential homestead; the rest is a nonresidential 91-12 homestead. A rural homestead may not be changed to an urban 91-13 homestead without the claimant's consent so long as the land is 91-14 used for agricultural purposes. 91-15 (c) The urban homestead consists of land, with improvements, 91-16 located in a municipality on any residential lot not to exceed 10 91-17 acres, if used as a home or as both a home and a place for 91-18 conducting the occupation of the claimant. 91-19 (d) The homestead of a family or of a single adult person is 91-20 protected from forced sale for the payment of all debts except for: 91-21 (1) the purchase money debt for the homestead, or a 91-22 part of that purchase money; 91-23 (2) the taxes due on the homestead; 91-24 (3) an owelty of partition imposed against the 91-25 entirety of the property by a court order or by a written agreement 91-26 of the parties to the partition, including a debt of one spouse in 91-27 favor of the other spouse resulting from a division or an award of 92-1 a family homestead in a divorce proceeding; 92-2 (4) the refinance of a lien against a homestead, 92-3 including a federal tax lien resulting from the tax debt of both 92-4 spouses, if the homestead is a family homestead, or from the tax 92-5 debt of the owner; 92-6 (5) work and material used in constructing new 92-7 improvements on the homestead or used to repair or renovate an 92-8 improvement on the homestead; or 92-9 (6) an extension of credit that is secured by a 92-10 voluntary lien on the homestead created under a written agreement 92-11 with the consent of each owner and each owner's spouse and that is 92-12 without recourse for personal liability against each owner and the 92-13 spouse of each owner. 92-14 (e) Notwithstanding Subsection (d)(6) of this section, an 92-15 agricultural homestead, except for an agricultural homestead used 92-16 primarily for the production of milk, is exempt from forced sale 92-17 for the payment of an extension of credit secured by a voluntary 92-18 lien made under Subsection (d)(6), if the agricultural homestead is 92-19 designated for agricultural use as provided by the law governing ad 92-20 valorem taxation. 92-21 (f) The legislature shall by general law provide for the 92-22 protection of citizens who are the beneficiaries of proceeds 92-23 resulting from a debt incurred against their homesteads, including 92-24 provision for a waiting period before the closing of a lien, the 92-25 right to a rescission period, regulations on the amounts and terms 92-26 of such liens, the type of institutions allowed to provide such 92-27 instruments, and the location and mechanisms for the closing of 93-1 such debts. 93-2 (g) A purchaser or lender for value without actual knowledge 93-3 may conclusively rely on an affidavit that designates other 93-4 property as the homestead of the affiant and that states that the 93-5 property to be conveyed or encumbered is not the homestead of the 93-6 affiant. 93-7 Sec. 10.11. PROTECTION OF PERSONAL PROPERTY FROM FORCED 93-8 SALE. The legislature by law shall provide for the protection from 93-9 forced sale of certain personal property belonging to each adult 93-10 and each head of a family. 93-11 Sec. 10.12. PROTECTION OF WAGES FROM GARNISHMENT. (a) 93-12 Current wages for personal service are not subject to garnishment, 93-13 except for the enforcement of court-ordered: 93-14 (1) child-support payments; or 93-15 (2) spousal maintenance. 93-16 (b) The legislature by law may provide for deductions from 93-17 the salary of a public officer who neglects the performance of a 93-18 duty assigned by law. 93-19 Sec. 10.13. LIENS OF MECHANICS, ARTISANS, AND MATERIALMEN. 93-20 Mechanics, artisans, and materialmen have liens on the buildings or 93-21 articles made or repaired by them. A lien is for the value of 93-22 labor or material furnished. The legislature by general law shall 93-23 provide for the efficient enforcement of liens. 93-24 Sec. 10.14. BANKING. A foreign corporation, other than a 93-25 bank chartered by the United States, may not exercise banking or 93-26 discounting privileges in this state. 93-27 Sec. 10.15. PENSION AND RETIREMENT SYSTEMS. (a) A pension 94-1 or retirement system of this state, a political subdivision, or a 94-2 state or local governmental agency existing on the effective date 94-3 of this article is continued subject to the provisions of the 94-4 Constitution of 1876 until changed by law. Funds held under any 94-5 such system may not be used for any purpose inconsistent with that 94-6 system. 94-7 (b) The amount contributed by a person participating in the 94-8 Teacher Retirement System of Texas shall be established by the 94-9 legislature as a percentage of current compensation. The sum of 94-10 the amount of contributions made by persons participating in the 94-11 Teacher Retirement System of Texas and the amount of the state's 94-12 contribution to the system may not be less than 12 percent of the 94-13 aggregate compensation paid to individuals participating in the 94-14 system, with the amount contributed by the state being a percentage 94-15 of the aggregate compensation of individuals participating in the 94-16 system. 94-17 (c) The amount contributed by a person participating in the 94-18 Employees Retirement System of Texas or its successor may not be 94-19 less than 6 percent of compensation. The amount contributed by the 94-20 state to the system may not be less than 6 percent nor more than 10 94-21 percent of the aggregate compensation paid to individuals 94-22 participating in the system. 94-23 (d) In an emergency, as determined by the governor, the 94-24 legislature may appropriate such additional sums to a retirement 94-25 system as are actuarially determined to be required to fund 94-26 benefits authorized by law. 94-27 Sec. 10.16. GAMBLING. (a) Lotteries and gift enterprises 95-1 are prohibited in this state except for: 95-2 (1) bingo games or raffles, the proceeds of which are 95-3 spent in Texas for charitable purposes; 95-4 (2) lotteries operated on behalf of the state; or 95-5 (3) lotteries and gift enterprises approved by an 95-6 affirmative vote of two-thirds of the membership of each house of 95-7 the legislature and approved by a majority vote of the qualified 95-8 voters in a referendum. 95-9 (b) The legislature by general law may regulate lotteries 95-10 and gift enterprises permitted under this section. 95-11 TEMPORARY TRANSITION PROVISIONS. (a) This article takes 95-12 effect September 1, 2003. 95-13 (b) After the effective date of this article and before the 95-14 effective date of salary commission recommendations, the lack of 95-15 salary commission recommendation does not affect the compensation 95-16 of elected and appointed officers of the executive branch, judges 95-17 of state district courts, and judges and justices of appellate 95-18 courts, including the supreme court, and those officers shall 95-19 receive the compensation authorized by law. 95-20 (c) Lotteries and gift enterprises authorized by the 95-21 Constitution of 1876 continue to be subject to the restrictions of 95-22 that constitution until regulated by general law in accordance with 95-23 Section 10.16(b) of this constitution. 95-24 (d) A law in effect on the effective date of this article 95-25 that is not in conflict with this constitution, the Constitution of 95-26 1876, or the Constitution of the United States is continued in 95-27 effect until the law expires by its own terms or is amended or 96-1 repealed by the legislature. 96-2 (e) This article does not affect the validity or 96-3 enforceability of a lien against a homestead that was valid as of 96-4 the end of August 31, 2003, under the terms of Section 50, Article 96-5 XVI, Constitution of 1876. 96-6 ARTICLE 11. AMENDING CONSTITUTION 96-7 Sec. 11.01. AMENDMENTS PROPOSED BY LEGISLATURE. (a) The 96-8 legislature may propose amendments to this constitution by a record 96-9 affirmative two-thirds vote of the membership of each house. 96-10 (b) A proposed amendment shall be submitted to the people on 96-11 the date specified by the legislature, but not less than 90 days 96-12 after the date the legislature proposes the amendment. 96-13 (c) Notice of a proposed amendment must be publicized in 96-14 English and any other language prescribed by law. The notice must 96-15 include a brief explanatory statement of the amendment prepared by 96-16 the secretary of state and approved by the attorney general, the 96-17 date of the election, and the wording of the ballot proposition. 96-18 The notice must be published at least twice in each newspaper in 96-19 this state that meets the requirements established by law for the 96-20 publication of official notices of state agencies. The first 96-21 notice must be published not more than 60 days and not less than 50 96-22 days before the date of the election, and the second notice must be 96-23 published on the same day of the next week. The secretary of state 96-24 shall provide a copy of the notice to each county clerk who shall 96-25 post the notice in the county courthouse at least 30 days before 96-26 the date of the election. 96-27 (d) A proposed amendment is adopted if approved by a 97-1 majority of the qualified voters voting on the question and becomes 97-2 part of this constitution on the date the statewide returns of the 97-3 election are canvassed. 97-4 Sec. 11.02. CONSTITUTIONAL CONVENTION. (a) The legislature 97-5 by a record affirmative two-thirds vote of the membership of each 97-6 house may submit to the people the question of whether to call a 97-7 constitutional convention and may stipulate in the question the 97-8 articles of the constitution that the convention may consider. A 97-9 constitutional convention shall be called if approved by a majority 97-10 of the qualified voters voting on the question. 97-11 (b) At the next legislative session following approval of a 97-12 call, the legislature by law shall provide for: 97-13 (1) the election of convention delegates and the 97-14 filling of delegate vacancies; 97-15 (2) the convening of the convention on a date not 97-16 later than three months after the election of delegates; 97-17 (3) the meeting place and duration of the convention; 97-18 (4) the pay, allowances, and expenses of delegates and 97-19 officers; and 97-20 (5) the other expenses of the convention. 97-21 (c) A public officer is not prohibited from serving as a 97-22 delegate by any provision in this constitution. 97-23 (d) The constitutional convention by a record affirmative 97-24 two-thirds vote of its membership, in the case of an unlimited 97-25 call, may propose any revision of or amendments to the constitution 97-26 or, in the case of a limited call, may propose any revision of or 97-27 amendments to the articles stipulated in the call. The convention 98-1 shall determine the manner of submitting and publicizing its 98-2 proposals and fix the date of the election. Convention proposals 98-3 must be publicized in English and in any other language specified 98-4 by the convention. 98-5 (e) A revision or amendment proposed by the constitutional 98-6 convention becomes effective as the convention provides if approved 98-7 by a majority of the qualified voters voting on the question. 98-8 SECTION 2. This proposed constitutional amendment shall be 98-9 submitted to the voters at an election to be held November 6, 2001. 98-10 The ballot shall be printed to permit voting for or against the 98-11 proposition: "The constitutional amendment to revise the Texas 98-12 Constitution."