By Mowery, Driver                                     H.J.R. No. 75
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment to eliminate obsolete,
 1-2     archaic, redundant, and unnecessary provisions and to clarify,
 1-3     update, and harmonize certain provisions of the Texas Constitution.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                     ARTICLE 1.  CHANGES TO ARTICLE III
 1-6           SECTION 1.01. Section 25, Article III, Texas Constitution, is
 1-7     amended to read as follows:
 1-8           Sec. 25. The State shall be divided into Senatorial Districts
 1-9     of contiguous territory, [according to the number of qualified
1-10     electors, as nearly as may be,] and each district shall be entitled
1-11     to elect one Senator[; and no single county shall be entitled to
1-12     more than one Senator].
1-13           SECTION 1.02. Section 28, Article III, Texas Constitution, is
1-14     amended to read as follows:
1-15           Sec. 28. The Legislature shall, at its first regular session
1-16     after the publication of each United States decennial census,
1-17     apportion the state into senatorial and representative districts,
1-18     agreeable to the provisions of Sections 25 and[,] 26[, and 26-a] of
1-19     this Article.  In the event the Legislature shall at any such first
1-20     regular session following the publication of a United States
1-21     decennial census, fail to make such apportionment, same shall be
1-22     done by the Legislative Redistricting Board of Texas, which is
1-23     hereby created, and shall be composed of five (5) members, as
1-24     follows:  The Lieutenant Governor, the Speaker of the House of
 2-1     Representatives, the Attorney General, the Comptroller of Public
 2-2     Accounts and the Commissioner of the General Land Office, a
 2-3     majority of whom shall constitute a quorum.  Said Board shall
 2-4     assemble in the City of Austin within ninety (90) days after the
 2-5     final adjournment of such regular session.  The Board shall, within
 2-6     sixty (60) days after assembling, apportion the state into
 2-7     senatorial and representative districts, or into senatorial or
 2-8     representative districts, as the failure of action of such
 2-9     Legislature may make necessary.  Such apportionment shall be in
2-10     writing and signed by three (3) or more of the members of the Board
2-11     duly acknowledged as the act and deed of such Board, and, when so
2-12     executed and filed with the Secretary of State, shall have force
2-13     and effect of law.  Such apportionment shall become effective at
2-14     the next succeeding statewide general election.  The Supreme Court
2-15     of Texas shall have jurisdiction to compel such Board [Commission]
2-16     to perform its duties in accordance with the provisions of this
2-17     section by writ of mandamus or other extraordinary writs
2-18     conformable to the usages of law.  The Legislature shall provide
2-19     necessary funds for clerical and technical aid and for other
2-20     expenses incidental to the work of the Board, and the Lieutenant
2-21     Governor and the Speaker of the House of Representatives shall be
2-22     entitled to receive per diem and travel expense during the Board's
2-23     session in the same manner and amount as they would receive while
2-24     attending a special session of the Legislature.  [This amendment
2-25     shall become effective January 1, 1951.]
2-26           SECTION 1.03. Section 56, Article III, Texas Constitution, is
2-27     amended to read as follows:
 3-1           Sec. 56. (a)  The Legislature shall not, except as otherwise
 3-2     provided in this Constitution, pass any local or special law,
 3-3     authorizing:
 3-4                 (1)  the [The] creation, extension or impairing of
 3-5     liens;
 3-6                 (2)  regulating [Regulating] the affairs of counties,
 3-7     cities, towns, wards or school districts;
 3-8                 (3)  changing [Changing] the names of persons or
 3-9     places;
3-10                 (4)  changing [Changing] the venue in civil or criminal
3-11     cases;
3-12                 (5)  authorizing [Authorizing] the laying out, opening,
3-13     altering or maintaining of roads, highways, streets or alleys;
3-14                 (6)  relating [Relating] to ferries or bridges, or
3-15     incorporating ferry or bridge companies, except for the erection of
3-16     bridges crossing streams which form boundaries between this and any
3-17     other State;
3-18                 (7)  vacating [Vacating] roads, town plats, streets or
3-19     alleys;
3-20                 (8)  relating [Relating] to cemeteries, grave-yards or
3-21     public grounds not of the State;
3-22                 (9)  authorizing [Authorizing] the adoption or
3-23     legitimation of children;
3-24                 (10)  locating [Locating] or changing county seats;
3-25                 (11)  incorporating [Incorporating] cities, towns or
3-26     villages, or changing their charters;
3-27                 (12)  for [For] the opening and conducting of
 4-1     elections, or fixing or changing the places of voting;
 4-2                 (13)  granting [Granting] divorces;
 4-3                 (14)  creating [Creating] offices, or prescribing the
 4-4     powers and duties of officers, in counties, cities, towns, election
 4-5     or school districts;
 4-6                 (15)  changing [Changing] the law of descent or
 4-7     succession;
 4-8                 (16)  regulating [Regulating] the practice or
 4-9     jurisdiction of, or changing the rules of evidence in any judicial
4-10     proceeding or inquiry before courts, justices of the peace,
4-11     sheriffs, commissioners, arbitrators or other tribunals, or
4-12     providing or changing methods for the collection of debts, or the
4-13     enforcing of judgments, or prescribing the effect of judicial sales
4-14     of real estate;
4-15                 (17)  regulating [Regulating] the fees, or extending
4-16     the powers and duties of aldermen, justices of the peace,
4-17     magistrates or constables;
4-18                 (18)  regulating [Regulating] the management of public
4-19     schools, the building or repairing of school houses, and the
4-20     raising of money for such purposes;
4-21                 (19)  fixing [Fixing] the rate of interest;
4-22                 (20)  affecting [Affecting] the estates of minors, or
4-23     persons under disability;
4-24                 (21)  remitting [Remitting] fines, penalties and
4-25     forfeitures, and refunding moneys legally paid into the treasury;
4-26                 (22)  exempting [Exempting] property from taxation;
4-27                 (23)  regulating [Regulating] labor, trade, mining and
 5-1     manufacturing;
 5-2                 (24)  declaring [Declaring] any named person of age;
 5-3                 (25)  extending [Extending] the time for the assessment
 5-4     or collection of taxes, or otherwise relieving any assessor or
 5-5     collector of taxes from the due performance of his official duties,
 5-6     or his securities from liability;
 5-7                 (26)  giving [Giving] effect to informal or invalid
 5-8     wills or deeds;
 5-9                 (27)  summoning [Summoning] or empanelling grand or
5-10     petit juries;
5-11                 (28)  for [For] limitation of civil or criminal
5-12     actions;
5-13                 (29)  for [For] incorporating railroads or other works
5-14     of internal improvements; or
5-15                 (30)  relieving or discharging any person or set of
5-16     persons from the performance of any public duty or service imposed
5-17     by general law.
5-18           (b)  In addition to those laws described by Subsection (a) of
5-19     this section [; And] in all other cases where a general law can be
5-20     made applicable, no local or special law shall be enacted;
5-21     provided, that nothing herein contained shall be construed to
5-22     prohibit the Legislature from passing:
5-23                 (1)  special laws for the preservation of the game and
5-24     fish of this State in certain localities; and
5-25                 (2)  fence laws applicable to any subdivision of this
5-26     State or counties as may be needed to meet the wants of the people.
5-27           SECTION 1.04.  Section 59, Article III, Texas Constitution,
 6-1     is amended to read as follows:
 6-2           Sec. 59.  The Legislature shall have power to pass such laws
 6-3     as may be necessary to provide for Workers' [Workmen's]
 6-4     Compensation Insurance for such State employees, as in its judgment
 6-5     is necessary or required; and to provide for the payment of all
 6-6     costs, charges, and premiums on such policies of insurance;
 6-7     providing the State shall never be required to purchase insurance
 6-8     for any employee.
 6-9           SECTION 1.05. Section 60, Article III, Texas Constitution, is
6-10     amended to read as follows:
6-11           Sec. 60. The Legislature shall have the power to pass such
6-12     laws as may be necessary to enable all counties, cities, towns,
6-13     villages, and other political subdivisions of this State to provide
6-14     Workers' [Workman's] Compensation Insurance, including the right of
6-15     a political subdivision to provide its own insurance risk, for all
6-16     employees of the [county or] political subdivision as in its
6-17     judgment is necessary or required;  and the Legislature shall
6-18     provide suitable laws for the administration of such insurance in
6-19     the counties, cities, towns, villages, or other political
6-20     subdivisions of this State and for the payment of the costs,
6-21     charges and premiums on such policies of insurance and the benefits
6-22     to be paid thereunder.
6-23           SECTION 1.06. Sections 61 and 63,  Article III,  Texas
6-24     Constitution, are repealed.
6-25                      ARTICLE 2.  CHANGES TO ARTICLE V
6-26           SECTION 2.01. Sections 1-a(1) and (2), Article V, Texas
6-27     Constitution, are amended to read as follows:
 7-1           (1)  Subject to the further provisions of this Section, the
 7-2     Legislature shall provide for the retirement and compensation of
 7-3     Justices and Judges of the Appellate Courts and District and
 7-4     Criminal District Courts on account of length of service, age and
 7-5     disability, and for their reassignment to active duty where and
 7-6     when needed.  The office of every such Justice and Judge shall
 7-7     become vacant when the incumbent reaches the age of seventy-five
 7-8     (75) years or such earlier age, not less than seventy (70) years,
 7-9     as the Legislature may prescribe[;  but, in the case of an
7-10     incumbent whose term of office includes the effective date of this
7-11     Amendment, this provision shall not prevent him from serving the
7-12     remainder of said term nor be applicable to him before his period
7-13     or periods of judicial service shall have reached a total of ten
7-14     (10) years].
7-15           (2)  The [name of the State Judicial Qualifications
7-16     Commission is changed to the] State Commission on Judicial
7-17     Conduct[.  The Commission] consists of eleven (11) members, to wit:
7-18     (i) one (1) Justice of a Court of Appeals; (ii) one (1) District
7-19     Judge; (iii) two (2) members of the State Bar, who have
7-20     respectively practiced as such for over ten (10) consecutive years
7-21     next preceding their selection; (iiii) four (4) citizens, at least
7-22     thirty (30) years of age, not licensed to practice law nor holding
7-23     any salaried public office or employment; (v) one (1) Justice of
7-24     the Peace; (vi) one (1) Judge of a Municipal Court;  and, (vii) one
7-25     (1) Judge of a County Court at Law;  provided that no person shall
7-26     be or remain a member of the Commission, who does not maintain
7-27     physical residence within this State, or who resides in, or holds a
 8-1     judgeship within or for, the same Supreme Judicial District as
 8-2     another member of the Commission, or who shall have ceased to
 8-3     retain the qualifications above specified for his respective class
 8-4     of membership, except that the Justice of the Peace and the Judges
 8-5     of a Municipal Court and or a County Court at Law shall be selected
 8-6     at large without regard to whether they reside or hold a judgeship
 8-7     in the same Supreme Judicial District as another member of the
 8-8     Commission. Commissioners of classes (i), (ii), and (vii) above
 8-9     shall be chosen by the Supreme Court with advice and consent of the
8-10     Senate, those of class (iii) by the Board of Directors of the State
8-11     Bar under regulations to be prescribed by the Supreme Court with
8-12     advice and consent of the Senate, those of class (iiii) by
8-13     appointment of the Governor with advice and consent of the Senate,
8-14     and the commissioners of classes (v) and (vi) by appointment of the
8-15     Supreme Court as provided by law, with the advice and consent of
8-16     the Senate.
8-17           SECTION 2.02. Section 2, Article V, Texas Constitution, is
8-18     amended to read as follows:
8-19           Sec. 2. (a)  The Supreme Court shall consist of the Chief
8-20     Justice and eight Justices, any five of whom shall constitute a
8-21     quorum, and the concurrence of five shall be necessary to a
8-22     decision of a case;  provided, that when the business of the court
8-23     may require, the court may sit in sections as designated by the
8-24     court to hear argument of causes and to consider applications for
8-25     writs of error or other preliminary matters.
8-26           (b)  No person shall be eligible to serve in the office of
8-27     Chief Justice or Justice of the Supreme Court unless the person is
 9-1     licensed to practice law in this state and is, at the time of
 9-2     election, a citizen of the United States and of this state, and has
 9-3     attained the age of thirty-five years, and has been a practicing
 9-4     lawyer, or a lawyer and judge of a court of record together at
 9-5     least ten years.
 9-6           (c)  Said Justices shall be elected (three of them each two
 9-7     years) by the qualified voters of the state at a general election;
 9-8     shall hold their offices six years[, or until their successors are
 9-9     elected and qualified];  and shall each receive such compensation
9-10     as shall be provided by law.  [In case of a vacancy in the office
9-11     of the Chief Justice or any Justice of the Supreme Court, the
9-12     Governor shall fill the vacancy until the next general election for
9-13     state officers, and at such general election the vacancy for the
9-14     unexpired term shall be filled by election by the qualified voters
9-15     of the state.  The Justices of the Supreme Court who may be in
9-16     office at the time this amendment takes effect shall continue in
9-17     office until the expiration of their term of office under the
9-18     present Constitution, and until their successors are elected and
9-19     qualified.]
9-20           SECTION 2.03. Section 3, Article V, Texas Constitution, is
9-21     amended to read as follows:
9-22           Sec. 3. (a)  The Supreme Court shall exercise the judicial
9-23     power of the state except as otherwise provided in this
9-24     Constitution.  Its jurisdiction shall be coextensive with the
9-25     limits of the State and its determinations shall be final except in
9-26     criminal law matters.  Its appellate jurisdiction shall be final
9-27     and shall extend to all cases except in criminal law matters and as
 10-1    otherwise provided in this Constitution or by law.  The Supreme
 10-2    Court and the Justices thereof shall have power to issue writs of
 10-3    habeas corpus, as may be prescribed by law, and under such
 10-4    regulations as may be prescribed by law, the said courts and the
 10-5    Justices thereof may issue the writs of mandamus, procedendo,
 10-6    certiorari and such other writs, as may be necessary to enforce its
 10-7    jurisdiction.  The Legislature may confer original jurisdiction on
 10-8    the Supreme Court to issue writs of quo warranto and mandamus in
 10-9    such cases as may be specified, except as against the Governor of
10-10    the State.
10-11          (b)  The Supreme Court shall also have power, upon affidavit
10-12    or otherwise as by the court may be determined, to ascertain such
10-13    matters of fact as may be necessary to the proper exercise of its
10-14    jurisdiction.
10-15          [The Supreme Court shall appoint a clerk, who shall give bond
10-16    in such manner as is now or may hereafter, be required by law, and
10-17    he may hold his office for four years and shall be subject to
10-18    removal by said court for good cause entered of record on the
10-19    minutes of said court who shall receive such compensation as the
10-20    Legislature may provide.]
10-21          SECTION 2.04.  Section 4, Article V, Texas Constitution, is
10-22    amended to read as follows:
10-23          Sec. 4.  (a)  The Court of Criminal Appeals shall consist of
10-24    eight Judges and one Presiding Judge. The Judges shall have the
10-25    same qualifications and receive the same salaries as the Associate
10-26    Justices of the Supreme Court, and the Presiding Judge shall have
10-27    the same qualifications and receive the same salary as the Chief
 11-1    Justice of the Supreme Court. The Presiding Judge and the Judges
 11-2    shall be elected by the qualified voters of the state at a general
 11-3    election and shall hold their offices for a term of six years. [In
 11-4    case of a vacancy in the office of a Judge of the Court of Criminal
 11-5    Appeals, the Governor shall, with the advice and consent of the
 11-6    Senate, fill said vacancy by appointment until the next succeeding
 11-7    general election.]
 11-8          (b)  For the purpose of hearing cases, the Court of Criminal
 11-9    Appeals may sit in panels of three Judges, the designation thereof
11-10    to be under rules established by the court. In a panel of three
11-11    Judges, two Judges shall constitute a quorum and the concurrence of
11-12    two Judges shall be necessary for a decision. The Presiding Judge,
11-13    under rules established by the court, shall convene the court en
11-14    banc for the transaction of all other business and may convene the
11-15    court en banc for the purpose of hearing cases. The court must sit
11-16    en banc during proceedings involving capital punishment and other
11-17    cases as required by law. When convened en banc, five Judges shall
11-18    constitute a quorum and the concurrence of five Judges shall be
11-19    necessary for a decision. The Court of Criminal Appeals may appoint
11-20    Commissioners in aid of the Court of Criminal Appeals as provided
11-21    by law.
11-22          SECTION 2.05. Section 5, Article V, Texas Constitution, is
11-23    amended to read as follows:
11-24          Sec. 5. (a)  The Court of Criminal Appeals shall have final
11-25    appellate jurisdiction coextensive with the limits of the state,
11-26    and its determinations shall be final, in all criminal cases of
11-27    whatever grade, with such exceptions and under such regulations as
 12-1    may be provided in this Constitution or as prescribed by law.
 12-2          (b)  The appeal of all cases in which the death penalty has
 12-3    been assessed shall be to the Court of Criminal Appeals.  The
 12-4    appeal of all other criminal cases shall be to the Courts of Appeal
 12-5    as prescribed by law.  In addition, the Court of Criminal Appeals
 12-6    may, on its own motion, review a decision of a Court of Appeals in
 12-7    a criminal case as provided by law.  Discretionary review by the
 12-8    Court of Criminal Appeals is not a matter of right, but of sound
 12-9    judicial discretion.
12-10          (c)  Subject to such regulations as may be prescribed by law,
12-11    the Court of Criminal Appeals and the Judges thereof shall have the
12-12    power to issue the writ of habeas corpus, and, in criminal law
12-13    matters, the writs of mandamus, procedendo, prohibition, and
12-14    certiorari.  The Court and the Judges thereof shall have the power
12-15    to issue such other writs as may be necessary to protect its
12-16    jurisdiction or enforce its judgments.  The court shall have the
12-17    power upon affidavit or otherwise to ascertain such matters of fact
12-18    as may be necessary to the exercise of its jurisdiction.
12-19          [The Court of Criminal Appeals may sit for the transaction of
12-20    business at any time during the year and each term shall begin and
12-21    end with each calendar year.  The Court of Criminal Appeals shall
12-22    appoint a clerk of the court who shall give bond in such manner as
12-23    is now or may hereafter be required by law, and who shall hold his
12-24    office for a term of four years unless sooner removed by the court
12-25    for good cause entered of record on the minutes of said court.]
12-26          [The Clerk of the Court of Criminal Appeals who may be in
12-27    office at the time when this Amendment takes effect shall continue
 13-1    in office for the term of his appointment.]
 13-2          SECTION 2.06. Article V, Texas Constitution, is amended by
 13-3    adding Sections 5a and 5b to read as follows:
 13-4          Sec. 5a. The Supreme Court, Court of Criminal Appeals, and
 13-5    each Court of Appeals shall each appoint a clerk of the court, who
 13-6    shall give bond in the manner required by law, may hold office for
 13-7    four years subject to removal by the appointing court for good
 13-8    cause entered of record on the minutes of the court, and shall
 13-9    receive such compensation as the legislature may provide.
13-10          Sec. 5b. The Supreme Court and the Court of Criminal Appeals
13-11    may sit at any time during the year at the seat of government or,
13-12    at the court's discretion, at any other location in this state for
13-13    the transaction of business, and each term of either court shall
13-14    begin and end with each calendar year.
13-15          SECTION 2.07. Section 6, Article V, Texas Constitution, is
13-16    amended to read as follows:
13-17          Sec. 6. (a)  The state shall be divided into courts of
13-18    appeals districts, with each district having a Chief Justice, two
13-19    or more other Justices, and such other officials as may be provided
13-20    by law. The Justices shall have the qualifications prescribed for
13-21    Justices of the Supreme Court.  The Court of Appeals may sit in
13-22    sections as authorized by law.  The concurrence of a majority of
13-23    the judges sitting in a section is necessary to decide a case.
13-24    Said Court of Appeals shall have appellate jurisdiction
13-25    co-extensive with the limits of their respective districts, which
13-26    shall extend to all cases of which the District Courts or County
13-27    Courts have original or appellate jurisdiction, under such
 14-1    restrictions and regulations as may be prescribed by law.
 14-2    Provided, that the decision of said courts shall be conclusive on
 14-3    all questions of fact brought before them on appeal or error.  Said
 14-4    courts shall have such other jurisdiction, original and appellate,
 14-5    as may be prescribed by law.
 14-6          (b)  Each of said Courts of Appeals shall hold its sessions
 14-7    at a place in its district to be designated by the Legislature, and
 14-8    at such time as may be prescribed by law.  Said Justices shall be
 14-9    elected by the qualified voters of their respective districts at a
14-10    general election, for a term of six years and shall receive for
14-11    their services the sum provided by law[.  Each Court of Appeals
14-12    shall appoint a clerk in the same manner as the clerk of the
14-13    Supreme Court which clerk shall receive such compensation as may be
14-14    fixed by law].
14-15          (c)  All constitutional and statutory references to the
14-16    Courts of Civil Appeals shall be construed to mean the Courts of
14-17    Appeals.
14-18          SECTION 2.08. Section 11, Article V, Texas Constitution, is
14-19    amended to read as follows:
14-20          Sec. 11. No judge shall sit in any case wherein the judge
14-21    [he] may be interested, or where either of the parties may be
14-22    connected with  the judge  [him], either by affinity or
14-23    consanguinity, within such a degree as may be prescribed by law, or
14-24    when the judge  [he] shall have been counsel in  the case.  When
14-25    the Supreme Court, the Court of Criminal Appeals, the Court of
14-26    [Civil] Appeals, or any member of any of those courts [either,]
14-27    shall be thus disqualified to hear and determine any case or cases
 15-1    in said court, the same shall be certified to the Governor of the
 15-2    State, who shall immediately commission the requisite number of
 15-3    persons learned in the law for the trial and determination of such
 15-4    cause or causes.  When a judge of the District Court is
 15-5    disqualified by any of the causes above stated, the parties may, by
 15-6    consent, appoint a proper person to try said case; or upon their
 15-7    failing to do so, a competent person may be appointed to try the
 15-8    same in the county where it is pending, in such manner as may be
 15-9    prescribed by law.
15-10          And the District Judges may exchange districts, or hold
15-11    courts for each other when they may deem it expedient, and shall do
15-12    so when required by law.  This disqualification of judges of
15-13    inferior tribunals shall be remedied and vacancies in their offices
15-14    filled as may be prescribed by law.
15-15          SECTION 2.09. Section 13, Article V, Texas Constitution, is
15-16    amended to read as follows:
15-17          Sec. 13. Grand and petit juries in the District Courts shall
15-18    be composed of twelve persons [men];  but nine members of a grand
15-19    jury shall be a quorum to transact business and present bills.  In
15-20    trials of civil cases, and in trials of criminal cases below the
15-21    grade of felony in the District Courts, nine members of the jury,
15-22    concurring, may render a verdict, but when the verdict shall be
15-23    rendered by less than the whole number, it shall be signed by every
15-24    member of the jury concurring in it.  When, pending the trial of
15-25    any case, one or more jurors not exceeding three, may die, or be
15-26    disabled from sitting, the remainder of the jury shall have the
15-27    power to render the verdict;  provided, that the Legislature may
 16-1    change or modify the rule authorizing less than the whole number of
 16-2    the jury to render a verdict.
 16-3          SECTION 2.10. Article V, Texas Constitution, is amended by
 16-4    adding Section 14 to read as follows:
 16-5          Sec. 14. (a)  The legislature shall prescribe by law the
 16-6    qualifications of grand jurors and petit jurors.
 16-7          (b)  The legislature shall enact laws to exclude from serving
 16-8    on juries persons who have been convicted of bribery, perjury,
 16-9    forgery, or other high crimes.
16-10          SECTION 2.11. Section 17, Article V, Texas Constitution, is
16-11    amended to read as follows:
16-12          Sec. 17. The County Court shall hold terms as provided by
16-13    law.  Prosecutions may be commenced in said court by information
16-14    filed by the county attorney, or by affidavit, as may be provided
16-15    by law.  Grand juries empaneled in the District Courts shall
16-16    inquire into misdemeanors, and all indictments therefor returned
16-17    into the District Courts shall forthwith be certified to the County
16-18    Courts or other inferior courts, having jurisdiction to try them
16-19    for trial;  and if such indictment be quashed in the County, or
16-20    other inferior court, the person charged, shall not be discharged
16-21    if there is probable cause of guilt, but may be held by such court
16-22    or magistrate to answer an information or affidavit.  A jury in the
16-23    County Court shall consist of six persons [men];  but no jury shall
16-24    be empaneled to try a civil case unless demanded by one of the
16-25    parties, who shall pay such jury fee therefor, in advance, as may
16-26    be prescribed by law, unless the party [he] makes affidavit that
16-27    the party [he] is unable to pay the jury fee [same].
 17-1          SECTION 2.12. Sections 18(e), (f), and (g), Article V, Texas
 17-2    Constitution, are amended to read as follows:
 17-3          (e) The office of Constable is abolished in Mills County,
 17-4    Reagan County, and Roberts County [is abolished].  The powers,
 17-5    duties, and records of the office are transferred to the County
 17-6    Sheriff.
 17-7          (f)  [The office of Constable in Reagan County and the office
 17-8    of Constable in Roberts County are abolished.  The functions of the
 17-9    office are transferred to the County Sheriff.  However, the office
17-10    of Constable is abolished under this subsection only if, at the
17-11    statewide election at which the constitutional amendment providing
17-12    for the abolition is submitted to the voters, a majority of the
17-13    voters of Reagan County or Roberts County, as applicable, voting on
17-14    the question at that election favor the amendment.]
17-15          [(g)]  The Legislature by general law may prescribe the
17-16    qualifications of constables.
17-17          SECTION 2.13. Section 28, Article V, Texas Constitution, is
17-18    amended to read as follows:
17-19          Sec. 28. (a)  A vacancy [VACANCIES IN OFFICES OF JUDGES OF
17-20    SUPERIOR COURTS TO BE FILLED BY THE GOVERNOR. Vacancies] in the
17-21    office of Chief Justice, Justice, or Judge [judges] of the Supreme
17-22    Court, the Court of Criminal Appeals, the Court of [Civil] Appeals,
17-23    or [and] the District Courts shall be filled by the Governor until
17-24    the next succeeding General Election for state officers, and at
17-25    that election the voters shall fill the vacancy for the unexpired
17-26    term.
17-27          (b)  A vacancy[; and vacancies] in the office of County Judge
 18-1    or Justice [and Justices] of the Peace shall be filled by the
 18-2    Commissioners Court until the next succeeding General Election.
 18-3          SECTION 2.14. Section 29, Article V, Texas Constitution, is
 18-4    amended to read as follows:
 18-5          Sec. 29. The County Court shall hold at least four terms for
 18-6    both civil and criminal business annually, as may be provided by
 18-7    the Legislature, or by the Commissioners [Commissioners'] Court of
 18-8    the county under authority of law, and such other terms each year
 18-9    as may be fixed by the Commissioners [Commissioners'] Court;
18-10    provided, the Commissioners [Commissioners'] Court of any county
18-11    having fixed the times and number of terms of the County Court,
18-12    shall not change the same again until the expiration of one year.
18-13    Said court shall dispose of probate business either in term time or
18-14    vacation, under such regulation as may be prescribed by law.
18-15    [Prosecutions may be commenced in said courts in such manner as is
18-16    or may be provided by law, and a jury therein shall consist of six
18-17    men.]  Until otherwise provided, the terms of the County Court
18-18    shall be held on the first Mondays in February, May, August and
18-19    November, and may remain in session three weeks.
18-20          SECTION 2.15. Sections 3a and 27, Article V, Texas
18-21    Constitution, are repealed.
18-22                     ARTICLE 3.  CHANGES TO ARTICLE VI
18-23          SECTION 3.01. Section 1, Article VI, Texas Constitution, is
18-24    amended to read as follows:
18-25          Sec. 1. (a)  The following classes of persons shall not be
18-26    allowed to vote in this State[, to wit]:
18-27                (1)  persons [First:  Persons] under 18 years of
 19-1    age;[.]
 19-2                (2)  [Second:  All] persons who have been determined
 19-3    mentally incompetent by a court, subject to such exceptions as the
 19-4    Legislature may make; and [.]
 19-5                (3)  [Third:  All] persons convicted of any felony,
 19-6    subject to such exceptions as the Legislature may make.
 19-7          (b)  The legislature shall enact laws to exclude from the
 19-8    right of suffrage persons who have been convicted of bribery,
 19-9    perjury, forgery, or other high crimes.
19-10          SECTION 3.02. Section 2, Article VI, Texas Constitution, is
19-11    amended to read as follows:
19-12          Sec. 2. (a)  Every person subject to none of the [foregoing]
19-13    disqualifications provided by Section 1 of this article or by a law
19-14    enacted under that section who is [shall be] a citizen of the
19-15    United States and who is a resident of this state shall be deemed a
19-16    qualified voter;  provided, however, that before offering to vote
19-17    at an election a voter shall have registered, but such requirement
19-18    for registration shall not be considered a qualification of a voter
19-19    within the meaning of the term "qualified voter" as used in any
19-20    other Article of this Constitution in respect to any matter except
19-21    qualification and eligibility to vote at an election.
19-22          (b)  The Legislature may authorize absentee voting.
19-23          (c)  The privilege of free suffrage shall be protected by
19-24    laws regulating elections and prohibiting under adequate penalties
19-25    all undue influence in elections from power, bribery, tumult, or
19-26    other improper practice.
19-27                    ARTICLE 4.  CHANGES TO ARTICLE VII
 20-1          SECTION 4.01. Section 6, Article VII, Texas Constitution, is
 20-2    amended to read as follows:
 20-3          Sec. 6. All lands heretofore, or hereafter granted to the
 20-4    several counties of this State for educational purposes, are of
 20-5    right the property of said counties respectively, to which they
 20-6    were granted, and title thereto is vested in said counties, and no
 20-7    adverse possession or limitation shall ever be available against
 20-8    the title of any county.  Each county may sell or dispose of its
 20-9    lands in whole or in part, in manner to be provided by the
20-10    Commissioners [Commissioners'] Court of the county.  [Actual
20-11    settlers residing on said lands, shall be protected in the prior
20-12    right of purchasing the same to the extent of their settlement, not
20-13    to exceed one hundred and sixty acres, at the price fixed by said
20-14    court, which price shall not include the value of existing
20-15    improvements made thereon by such settlers.]  Said lands, and the
20-16    proceeds thereof, when sold, shall be held by said counties alone
20-17    as a trust for the benefit of public schools therein;  said
20-18    proceeds to be invested in bonds of the United States, the State of
20-19    Texas, or counties in said State, or in such other securities, and
20-20    under such restrictions as may be prescribed by law;  and the
20-21    counties shall be responsible for all investments;  the interest
20-22    thereon, and other revenue, except the principal shall be available
20-23    fund.
20-24          SECTION 4.02. Article VII, Texas Constitution, is amended by
20-25    adding Section 9-a to read as follows:
20-26          Sec. 9-a.  TEMPORARY PROVISION. (a)  All land and other
20-27    property set apart under former Section 9 of this article to
 21-1    provide a permanent fund described by former Section 9 and
 21-2    constituting such a fund on the date former Section 9 of this
 21-3    article is repealed shall be sold by the General Land Office as
 21-4    soon as practicable after that date and the proceeds shall be
 21-5    deposited to the credit of the general revenue fund to be
 21-6    appropriated for the benefit of education.
 21-7          (b)  All money remaining in the permanent funds established
 21-8    under former Section 9 of this article on the date that section is
 21-9    repealed shall be transferred on that date to the Texas School for
21-10    the Blind and Visually Impaired and the Texas School for the Deaf,
21-11    in equal shares.  All outstanding income accrued to the benefit of
21-12    those permanent funds before that date that are collected after
21-13    that date and before this section expires shall be deposited to the
21-14    credit of the general revenue fund.
21-15          (c)  This section expires January 1, 2005.
21-16          SECTION 4.03. Sections 4A and 9, Article VII, Texas
21-17    Constitution, are repealed.
21-18                   ARTICLE 5.  CHANGES TO ARTICLE VIII 
21-19          SECTION 5.01. Section 1-a, Article VIII, Texas Constitution,
21-20    is amended to read as follows:
21-21          Sec. 1-a. [No State ad valorem tax shall be levied upon any
21-22    property within this State.]  The several counties of the State are
21-23    authorized to levy ad valorem taxes upon all property within their
21-24    respective boundaries for county purposes, except the first Three
21-25    Thousand Dollars ($3,000) value of residential homesteads of
21-26    married or unmarried adults, [male or female,] including those
21-27    living alone, not to exceed thirty cents (30 ) on each One Hundred
 22-1    Dollars ($100) valuation, in addition to all other ad valorem taxes
 22-2    authorized by the Constitution of this State, provided the revenue
 22-3    derived therefrom shall be used for construction and maintenance of
 22-4    Farm to Market Roads or for Flood Control, except as herein
 22-5    otherwise provided.
 22-6          SECTION 5.02. Section 1-e, Article VIII, Texas Constitution,
 22-7    is amended to read as follows:
 22-8          Sec. 1-e. [1.]  No State ad valorem taxes shall be levied
 22-9    upon any property within this State.
22-10          [2.  All receipts from previously authorized State ad valorem
22-11    taxes that are collected on or after the effective date of the 1982
22-12    amendment to this section shall be deposited to the credit of the
22-13    general fund of the county collecting the taxes and may be expended
22-14    for county purposes.  Receipts from taxes collected before that
22-15    date shall be distributed by the legislature among institutions
22-16    eligible to receive distributions under prior law.  Those receipts
22-17    and receipts distributed under prior law may be expended for the
22-18    purposes provided under prior law or for repair and renovation of
22-19    existing permanent improvements.]
22-20          SECTION 5.03. Section 14, Article VIII, Texas Constitution,
22-21    is amended to read as follows:
22-22          Sec. 14. (a)  The qualified voters of each county shall elect
22-23    an assessor-collector of taxes for the county, except as otherwise
22-24    provided by this section.
22-25          (b)  In any county having a population of less than 10,000
22-26    inhabitants, as determined by the most recent decennial census of
22-27    the United States, the sheriff of the county, in addition to that
 23-1    officer's other duties, shall be the assessor-collector of taxes,
 23-2    except that the commissioners court of such a county may submit to
 23-3    the qualified voters of the county at an election the question of
 23-4    electing an assessor-collector of taxes as a county officer
 23-5    separate from the office of sheriff.  If a majority of the voters
 23-6    voting in such an election approve of electing an
 23-7    assessor-collector of taxes for the county, then such official
 23-8    shall be elected at the next general election for the
 23-9    constitutional term of office as is provided for other tax
23-10    assessor-collectors in this state.
23-11          (c)  An assessor-collector of taxes [Except as provided in
23-12    Section 16 of this Article, there shall be elected by the qualified
23-13    voters of each county, an Assessor and Collector of Taxes, who]
23-14    shall hold [his] office for four years [and until his successor is
23-15    elected and qualified];  and [such Assessor and Collector of Taxes]
23-16    shall perform all the duties with respect to assessing property for
23-17    the purpose of taxation and of collecting taxes, as may be
23-18    prescribed by the Legislature.
23-19          SECTION 5.04. Sections 16 and 16a, Article VIII, Texas
23-20    Constitution, are repealed.
23-21                     ARTICLE 6.  CHANGES TO ARTICLE IX
23-22          SECTION 6.01. Section 8, Article XVI, Texas Constitution, is
23-23    redesignated as Section 14, Article IX, Texas Constitution, and
23-24    amended to read as follows:
23-25          Sec. 14 [8].  Each county in the State may provide, in such
23-26    manner as may be prescribed by law, a Manual Labor Poor House and
23-27    Farm, for taking care of, managing, employing and supplying the
 24-1    wants of its indigent and poor inhabitants.
 24-2                     ARTICLE 7.  CHANGES TO ARTICLE XI
 24-3          SECTION 7.01. Section 7, Article XI, Texas Constitution, is
 24-4    amended to read as follows:
 24-5          Sec. 7. All counties and cities bordering on the coast of the
 24-6    Gulf of Mexico are hereby authorized upon a vote of the majority of
 24-7    the qualified voters [resident property taxpayers] voting thereon
 24-8    at an election called for such purpose to levy and collect such tax
 24-9    for construction of sea walls, breakwaters, or sanitary purposes,
24-10    as may now or may hereafter be authorized by law, and may create a
24-11    debt for such works and issue bonds in evidence thereof.  But no
24-12    debt for any purpose shall ever be incurred in any manner by any
24-13    city or county unless provision is made, at the time of creating
24-14    the same, for levying and collecting a sufficient tax to pay the
24-15    interest thereon and provide at least two per cent (2%) as a
24-16    sinking fund;  and the condemnation of the right of way for the
24-17    erection of such works shall be fully provided for.
24-18          SECTION 7.02. Section 11, Article XI, Texas Constitution, is
24-19    amended to read as follows:
24-20          Sec. 11. (a)  A Home Rule City may provide by charter or
24-21    charter amendment, and a city, town or village operating under the
24-22    general laws may provide by majority vote of the qualified voters
24-23    voting at an election called for that purpose, for a longer term of
24-24    office than two (2) years for its officers, either elective or
24-25    appointive, or both, but not to exceed four (4) years;  provided,
24-26    however, that tenure under Civil Service shall not be affected
24-27    hereby; provided [.]
 25-1          [Provided], however, that [if any of] such officers, elective
 25-2    or appointive, are subject to Section 65(b), Article XVI, of this
 25-3    constitution, providing for automatic resignation in certain
 25-4    circumstances, in the same manner as a county or district officer
 25-5    to which that section applies [shall announce their candidacy, or
 25-6    shall in fact become a candidate, in any general, special or
 25-7    primary election, for any office of profit or trust under the laws
 25-8    of this State or the United States other than the office then held,
 25-9    at any time when the unexpired term of the office then held shall
25-10    exceed one (1) year, such announcement or such candidacy shall
25-11    constitute an automatic resignation of the office then held, and
25-12    the vacancy thereby created shall be filled pursuant to law in the
25-13    same manner as other vacancies for such office are filled].
25-14          (b)  A municipality so providing a term exceeding two (2)
25-15    years but not exceeding four (4) years for any of its non-civil
25-16    service officers must elect all of the members of its governing
25-17    body by majority vote of the qualified voters in such municipality,
25-18    and any vacancy or vacancies occurring on such governing body shall
25-19    not be filled by appointment but must be filled by majority vote of
25-20    the qualified voters at a special election called for such purpose
25-21    within one hundred and twenty (120) days after such vacancy or
25-22    vacancies occur.
25-23                    ARTICLE 8.  CHANGES TO ARTICLE XVI 
25-24          SECTION 8.01. Section 1, Article XVI, Texas Constitution, is
25-25    amended to read as follows:
25-26          Sec. 1. (a)  All [Members of the Legislature, and all other]
25-27    elected and appointed officers, before they enter upon the duties
 26-1    of their offices, shall take the following Oath or Affirmation:
 26-2          "I, ____________, do solemnly swear (or affirm), that I will
 26-3    faithfully execute the duties of the office of ____________ of the
 26-4    State of Texas, and will to the best of my ability preserve,
 26-5    protect, and defend the Constitution and laws of the United States
 26-6    and of this State, so help me God."
 26-7          (b)  All [Each member of the Legislature and all other]
 26-8    elected or appointed officers, before taking the Oath or
 26-9    Affirmation of office prescribed by this section and entering upon
26-10    the duties of office, shall subscribe to the following statement:
26-11          "I, ____________, do solemnly swear (or affirm) that I have
26-12    not directly or indirectly paid, offered, promised to pay,
26-13    contributed, or promised to contribute any money or thing of value,
26-14    or promised any public office or employment for the giving or
26-15    withholding of a vote at the election at which I was elected or as
26-16    a reward to secure my appointment or confirmation, whichever the
26-17    case may be, so help me God."
26-18          (c)  [The Secretary of State, and all other appointed
26-19    officers, before entering upon the duties of their offices, shall
26-20    take the following Oath or Affirmation:]
26-21          ["I, ____________, do solemnly swear (or affirm), that I will
26-22    faithfully execute the duties of the office of ____________ of the
26-23    State of Texas, and will to the best of my ability preserve,
26-24    protect, and defend the Constitution and laws of the United States
26-25    and of this State, so help me God."]
26-26          [(d)  The Secretary of State, and all other appointed
26-27    officers, before taking the Oath or Affirmation of office
 27-1    prescribed by this section and entering upon the duties of office,
 27-2    shall subscribe to the following statement:]
 27-3          ["I, ____________, do solemnly swear (or affirm) that I have
 27-4    not directly or indirectly paid, offered, or promised to pay,
 27-5    contributed, or promised to contribute any money, or valuable
 27-6    thing, or promised any public office or employment, as a reward to
 27-7    secure my appointment or confirmation thereof, so help me God."]
 27-8          [(e)]  Members of the Legislature, the Secretary of State,
 27-9    and all other elected and appointed state officers shall file the
27-10    signed statement required by Subsection (b) of this section with
27-11    the Secretary of State before taking the Oath or Affirmation of
27-12    office prescribed by Subsection (a) of this section.  All
27-13          [(f)  The Secretary of State and all] other [appointed]
27-14    officers shall retain [file] the signed statement required by
27-15    Subsection (b) [(d)] of this section with the official records of
27-16    the office [Secretary of State before taking the Oath or
27-17    Affirmation of office prescribed by Subsection (c) of this
27-18    section].
27-19          SECTION 8.02. Section 2, Article XVI, Texas Constitution, is
27-20    amended to read as follows:
27-21          Sec. 2. Laws shall be made to exclude from office persons who
27-22    have been [, serving on juries, and from the right of suffrage,
27-23    those who may have been or shall hereafter be] convicted of
27-24    bribery, perjury, forgery, or other high crimes.  [The privilege of
27-25    free suffrage shall be protected by laws regulating elections and
27-26    prohibiting under adequate penalties all undue influence therein
27-27    from power, bribery, tumult or other improper practice.]
 28-1          SECTION 8.03. Section 11, Article XVI, Texas Constitution, is
 28-2    amended to read as follows:
 28-3          Sec. 11. The Legislature shall have authority to [classify
 28-4    loans and lenders, license and regulate lenders,] define interest
 28-5    and fix maximum rates of interest;  provided, however, in the
 28-6    absence of legislation fixing maximum rates of interest all
 28-7    contracts for a greater rate of interest than ten per centum (10%)
 28-8    per annum shall be deemed usurious;  provided, further, that in
 28-9    contracts where no rate of interest is agreed upon, the rate shall
28-10    not exceed six per centum (6%) per annum.  [Should any regulatory
28-11    agency, acting under the provisions of this Section, cancel or
28-12    refuse to grant any permit under any law passed by the Legislature;
28-13    then such applicant or holder shall have the right of appeal to the
28-14    courts and granted a trial de novo as that term is used in
28-15    appealing from the justice of peace court to the county court.]
28-16          SECTION 8.04. Section 23, Article XVI, Texas Constitution, is
28-17    amended to read as follows:
28-18          Sec. 23. The Legislature may pass laws for the regulation of
28-19    live stock and the protection of stock raisers in the stock raising
28-20    portion of the State, and exempt from the operation of such laws
28-21    other portions, sections, or counties; and shall have power to pass
28-22    general and special laws for the inspection of cattle, stock and
28-23    hides and for the regulation of brands;  provided, that any local
28-24    law thus passed shall be submitted to the qualified voters
28-25    [freeholders] of the section to be affected thereby, and approved
28-26    by them, before it shall go into effect.
28-27          SECTION 8.05. Sections 19, 22, 43, 56, and 65A, Article XVI,
 29-1    Texas Constitution, are repealed.
 29-2           ARTICLE 9. TEMPORARY TRANSITION PROVISION; ELECTION 
 29-3          SECTION 9.01. The following temporary provision is added to
 29-4    the Texas Constitution:
 29-5          TEMPORARY TRANSITION PROVISION. (a)  This section applies to
 29-6    the amendments to this constitution proposed by H.J.R. No. ___,
 29-7    77th Legislature, Regular Session, 2001.
 29-8          (b)  The reenactment of any provision of this constitution
 29-9    for purposes of amendment does not revive a provision that may have
29-10    been impliedly repealed by the adoption of a later amendment.
29-11          (c)  The amendment of any provision of this constitution does
29-12    not affect vested rights.
29-13          SECTION 9.02. This proposed constitutional amendment shall be
29-14    submitted to the voters at an election to be held November 6, 2001.
29-15    The ballot shall be printed to permit voting for or against the
29-16    proposition:  "The constitutional amendment to eliminate obsolete,
29-17    archaic, redundant, and unnecessary provisions and to clarify,
29-18    update, and harmonize certain provisions of the Texas
29-19    Constitution."