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."