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."