77R11686 JSA-D
By Mowery, Driver H.J.R. No. 75
Substitute the following for H.J.R. No. 75:
By Bailey C.S.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
2-1 hereby created, and shall be composed of five (5) members, as
2-2 follows: The Lieutenant Governor, the Speaker of the House of
2-3 Representatives, the Attorney General, the Comptroller of Public
2-4 Accounts and the Commissioner of the General Land Office, a
2-5 majority of whom shall constitute a quorum. Said Board shall
2-6 assemble in the City of Austin within ninety (90) days after the
2-7 final adjournment of such regular session. The Board shall, within
2-8 sixty (60) days after assembling, apportion the state into
2-9 senatorial and representative districts, or into senatorial or
2-10 representative districts, as the failure of action of such
2-11 Legislature may make necessary. Such apportionment shall be in
2-12 writing and signed by three (3) or more of the members of the Board
2-13 duly acknowledged as the act and deed of such Board, and, when so
2-14 executed and filed with the Secretary of State, shall have force
2-15 and effect of law. Such apportionment shall become effective at
2-16 the next succeeding statewide general election. The Supreme Court
2-17 of Texas shall have jurisdiction to compel such Board [Commission]
2-18 to perform its duties in accordance with the provisions of this
2-19 section by writ of mandamus or other extraordinary writs
2-20 conformable to the usages of law. The Legislature shall provide
2-21 necessary funds for clerical and technical aid and for other
2-22 expenses incidental to the work of the Board, and the Lieutenant
2-23 Governor and the Speaker of the House of Representatives shall be
2-24 entitled to receive per diem and travel expense during the Board's
2-25 session in the same manner and amount as they would receive while
2-26 attending a special session of the Legislature. [This amendment
2-27 shall become effective January 1, 1951.]
3-1 SECTION 1.03. Section 56, Article III, Texas Constitution, is
3-2 amended to read as follows:
3-3 Sec. 56. (a) The Legislature shall not, except as otherwise
3-4 provided in this Constitution, pass any local or special law,
3-5 authorizing:
3-6 (1) the [The] creation, extension or impairing of
3-7 liens;
3-8 (2) regulating [Regulating] the affairs of counties,
3-9 cities, towns, wards or school districts;
3-10 (3) changing [Changing] the names of persons or
3-11 places;
3-12 (4) changing [Changing] the venue in civil or criminal
3-13 cases;
3-14 (5) authorizing [Authorizing] the laying out, opening,
3-15 altering or maintaining of roads, highways, streets or alleys;
3-16 (6) relating [Relating] to ferries or bridges, or
3-17 incorporating ferry or bridge companies, except for the erection of
3-18 bridges crossing streams which form boundaries between this and any
3-19 other State;
3-20 (7) vacating [Vacating] roads, town plats, streets or
3-21 alleys;
3-22 (8) relating [Relating] to cemeteries, grave-yards or
3-23 public grounds not of the State;
3-24 (9) authorizing [Authorizing] the adoption or
3-25 legitimation of children;
3-26 (10) locating [Locating] or changing county seats;
3-27 (11) incorporating [Incorporating] cities, towns or
4-1 villages, or changing their charters;
4-2 (12) for [For] the opening and conducting of
4-3 elections, or fixing or changing the places of voting;
4-4 (13) granting [Granting] divorces;
4-5 (14) creating [Creating] offices, or prescribing the
4-6 powers and duties of officers, in counties, cities, towns, election
4-7 or school districts;
4-8 (15) changing [Changing] the law of descent or
4-9 succession;
4-10 (16) regulating [Regulating] the practice or
4-11 jurisdiction of, or changing the rules of evidence in any judicial
4-12 proceeding or inquiry before courts, justices of the peace,
4-13 sheriffs, commissioners, arbitrators or other tribunals, or
4-14 providing or changing methods for the collection of debts, or the
4-15 enforcing of judgments, or prescribing the effect of judicial sales
4-16 of real estate;
4-17 (17) regulating [Regulating] the fees, or extending
4-18 the powers and duties of aldermen, justices of the peace,
4-19 magistrates or constables;
4-20 (18) regulating [Regulating] the management of public
4-21 schools, the building or repairing of school houses, and the
4-22 raising of money for such purposes;
4-23 (19) fixing [Fixing] the rate of interest;
4-24 (20) affecting [Affecting] the estates of minors, or
4-25 persons under disability;
4-26 (21) remitting [Remitting] fines, penalties and
4-27 forfeitures, and refunding moneys legally paid into the treasury;
5-1 (22) exempting [Exempting] property from taxation;
5-2 (23) regulating [Regulating] labor, trade, mining and
5-3 manufacturing;
5-4 (24) declaring [Declaring] any named person of age;
5-5 (25) extending [Extending] the time for the assessment
5-6 or collection of taxes, or otherwise relieving any assessor or
5-7 collector of taxes from the due performance of his official duties,
5-8 or his securities from liability;
5-9 (26) giving [Giving] effect to informal or invalid
5-10 wills or deeds;
5-11 (27) summoning [Summoning] or empanelling grand or
5-12 petit juries;
5-13 (28) for [For] limitation of civil or criminal
5-14 actions;
5-15 (29) for [For] incorporating railroads or other works
5-16 of internal improvements; or
5-17 (30) relieving or discharging any person or set of
5-18 persons from the performance of any public duty or service imposed
5-19 by general law.
5-20 (b) In addition to those laws described by Subsection (a) of
5-21 this section [; And] in all other cases where a general law can be
5-22 made applicable, no local or special law shall be enacted;
5-23 provided, that nothing herein contained shall be construed to
5-24 prohibit the Legislature from passing:
5-25 (1) special laws for the preservation of the game and
5-26 fish of this State in certain localities;
5-27 (2) fence laws applicable to any subdivision of this
6-1 State or counties as may be needed to meet the wants of the people;
6-2 and
6-3 (3) laws for the regulation of livestock and the
6-4 protection of stock raisers in the stock raising portion of this
6-5 State, including laws exempting from the operation of such laws
6-6 other portions, sections, or counties.
6-7 SECTION 1.04. Section 59, Article III, Texas Constitution,
6-8 is amended to read as follows:
6-9 Sec. 59. The Legislature shall have power to pass such laws
6-10 as may be necessary to provide for Workers' [Workmen's]
6-11 Compensation Insurance for such State employees, as in its judgment
6-12 is necessary or required; and to provide for the payment of all
6-13 costs, charges, and premiums on such policies of insurance;
6-14 providing the State shall never be required to purchase insurance
6-15 for any employee.
6-16 SECTION 1.05. Section 60, Article III, Texas Constitution, is
6-17 amended to read as follows:
6-18 Sec. 60. The Legislature shall have the power to pass such
6-19 laws as may be necessary to enable all counties, cities, towns,
6-20 villages, and other political subdivisions of this State to provide
6-21 Workers' [Workman's] Compensation Insurance, including the right of
6-22 a political subdivision to provide its own insurance risk, for all
6-23 employees of the [county or] political subdivision as in its
6-24 judgment is necessary or required; and the Legislature shall
6-25 provide suitable laws for the administration of such insurance in
6-26 the counties, cities, towns, villages, or other political
6-27 subdivisions of this State and for the payment of the costs,
7-1 charges and premiums on such policies of insurance and the benefits
7-2 to be paid thereunder.
7-3 SECTION 1.06. Sections 61 and 63, Article III, Texas
7-4 Constitution, are repealed.
7-5 ARTICLE 2. CHANGES TO ARTICLE V
7-6 SECTION 2.01. Sections 1-a(1) and (2), Article V, Texas
7-7 Constitution, are amended to read as follows:
7-8 (1) Subject to the further provisions of this Section, the
7-9 Legislature shall provide for the retirement and compensation of
7-10 Justices and Judges of the Appellate Courts and District and
7-11 Criminal District Courts on account of length of service, age and
7-12 disability, and for their reassignment to active duty where and
7-13 when needed. The office of every such Justice and Judge shall
7-14 become vacant when the incumbent reaches the age of seventy-five
7-15 (75) years or such earlier age, not less than seventy (70) years,
7-16 as the Legislature may prescribe[; but, in the case of an
7-17 incumbent whose term of office includes the effective date of this
7-18 Amendment, this provision shall not prevent him from serving the
7-19 remainder of said term nor be applicable to him before his period
7-20 or periods of judicial service shall have reached a total of ten
7-21 (10) years].
7-22 (2) The [name of the State Judicial Qualifications
7-23 Commission is changed to the] State Commission on Judicial
7-24 Conduct[. The Commission] consists of eleven (11) members, to wit:
7-25 (i) one (1) Justice of a Court of Appeals; (ii) one (1) District
7-26 Judge; (iii) two (2) members of the State Bar, who have
7-27 respectively practiced as such for over ten (10) consecutive years
8-1 next preceding their selection; (iiii) four (4) citizens, at least
8-2 thirty (30) years of age, not licensed to practice law nor holding
8-3 any salaried public office or employment; (v) one (1) Justice of
8-4 the Peace; (vi) one (1) Judge of a Municipal Court; and, (vii) one
8-5 (1) Judge of a County Court at Law; provided that no person shall
8-6 be or remain a member of the Commission, who does not maintain
8-7 physical residence within this State, or who resides in, or holds a
8-8 judgeship within or for, the same Supreme Judicial District as
8-9 another member of the Commission, or who shall have ceased to
8-10 retain the qualifications above specified for his respective class
8-11 of membership, except that the Justice of the Peace and the Judges
8-12 of a Municipal Court and or a County Court at Law shall be selected
8-13 at large without regard to whether they reside or hold a judgeship
8-14 in the same Supreme Judicial District as another member of the
8-15 Commission. Commissioners of classes (i), (ii), and (vii) above
8-16 shall be chosen by the Supreme Court with advice and consent of the
8-17 Senate, those of class (iii) by the Board of Directors of the State
8-18 Bar under regulations to be prescribed by the Supreme Court with
8-19 advice and consent of the Senate, those of class (iiii) by
8-20 appointment of the Governor with advice and consent of the Senate,
8-21 and the commissioners of classes (v) and (vi) by appointment of the
8-22 Supreme Court as provided by law, with the advice and consent of
8-23 the Senate.
8-24 SECTION 2.02. Section 2, Article V, Texas Constitution, is
8-25 amended to read as follows:
8-26 Sec. 2. (a) The Supreme Court shall consist of the Chief
8-27 Justice and eight Justices, any five of whom shall constitute a
9-1 quorum, and the concurrence of five shall be necessary to a
9-2 decision of a case; provided, that when the business of the court
9-3 may require, the court may sit in sections as designated by the
9-4 court to hear argument of causes and to consider applications for
9-5 writs of error or other preliminary matters.
9-6 (b) No person shall be eligible to serve in the office of
9-7 Chief Justice or Justice of the Supreme Court unless the person is
9-8 licensed to practice law in this state and is, at the time of
9-9 election, a citizen of the United States and of this state, and has
9-10 attained the age of thirty-five years, and has been a practicing
9-11 lawyer, or a lawyer and judge of a court of record together at
9-12 least ten years.
9-13 (c) Said Justices shall be elected (three of them each two
9-14 years) by the qualified voters of the state at a general election;
9-15 shall hold their offices six years[, or until their successors are
9-16 elected and qualified]; and shall each receive such compensation
9-17 as shall be provided by law. [In case of a vacancy in the office
9-18 of the Chief Justice or any Justice of the Supreme Court, the
9-19 Governor shall fill the vacancy until the next general election for
9-20 state officers, and at such general election the vacancy for the
9-21 unexpired term shall be filled by election by the qualified voters
9-22 of the state. The Justices of the Supreme Court who may be in
9-23 office at the time this amendment takes effect shall continue in
9-24 office until the expiration of their term of office under the
9-25 present Constitution, and until their successors are elected and
9-26 qualified.]
9-27 SECTION 2.03. Section 3, Article V, Texas Constitution, is
10-1 amended to read as follows:
10-2 Sec. 3. (a) The Supreme Court shall exercise the judicial
10-3 power of the state except as otherwise provided in this
10-4 Constitution. Its jurisdiction shall be coextensive with the
10-5 limits of the State and its determinations shall be final except in
10-6 criminal law matters. Its appellate jurisdiction shall be final
10-7 and shall extend to all cases except in criminal law matters and as
10-8 otherwise provided in this Constitution or by law. The Supreme
10-9 Court and the Justices thereof shall have power to issue writs of
10-10 habeas corpus, as may be prescribed by law, and under such
10-11 regulations as may be prescribed by law, the said courts and the
10-12 Justices thereof may issue the writs of mandamus, procedendo,
10-13 certiorari and such other writs, as may be necessary to enforce its
10-14 jurisdiction. The Legislature may confer original jurisdiction on
10-15 the Supreme Court to issue writs of quo warranto and mandamus in
10-16 such cases as may be specified, except as against the Governor of
10-17 the State.
10-18 (b) The Supreme Court shall also have power, upon affidavit
10-19 or otherwise as by the court may be determined, to ascertain such
10-20 matters of fact as may be necessary to the proper exercise of its
10-21 jurisdiction.
10-22 [The Supreme Court shall appoint a clerk, who shall give bond
10-23 in such manner as is now or may hereafter, be required by law, and
10-24 he may hold his office for four years and shall be subject to
10-25 removal by said court for good cause entered of record on the
10-26 minutes of said court who shall receive such compensation as the
10-27 Legislature may provide.]
11-1 SECTION 2.04. Section 4, Article V, Texas Constitution, is
11-2 amended to read as follows:
11-3 Sec. 4. (a) The Court of Criminal Appeals shall consist of
11-4 eight Judges and one Presiding Judge. The Judges shall have the
11-5 same qualifications and receive the same salaries as the Associate
11-6 Justices of the Supreme Court, and the Presiding Judge shall have
11-7 the same qualifications and receive the same salary as the Chief
11-8 Justice of the Supreme Court. The Presiding Judge and the Judges
11-9 shall be elected by the qualified voters of the state at a general
11-10 election and shall hold their offices for a term of six years. [In
11-11 case of a vacancy in the office of a Judge of the Court of Criminal
11-12 Appeals, the Governor shall, with the advice and consent of the
11-13 Senate, fill said vacancy by appointment until the next succeeding
11-14 general election.]
11-15 (b) For the purpose of hearing cases, the Court of Criminal
11-16 Appeals may sit in panels of three Judges, the designation thereof
11-17 to be under rules established by the court. In a panel of three
11-18 Judges, two Judges shall constitute a quorum and the concurrence of
11-19 two Judges shall be necessary for a decision. The Presiding Judge,
11-20 under rules established by the court, shall convene the court en
11-21 banc for the transaction of all other business and may convene the
11-22 court en banc for the purpose of hearing cases. The court must sit
11-23 en banc during proceedings involving capital punishment and other
11-24 cases as required by law. When convened en banc, five Judges shall
11-25 constitute a quorum and the concurrence of five Judges shall be
11-26 necessary for a decision. The Court of Criminal Appeals may appoint
11-27 Commissioners in aid of the Court of Criminal Appeals as provided
12-1 by law.
12-2 SECTION 2.05. Section 5, Article V, Texas Constitution, is
12-3 amended to read as follows:
12-4 Sec. 5. (a) The Court of Criminal Appeals shall have final
12-5 appellate jurisdiction coextensive with the limits of the state,
12-6 and its determinations shall be final, in all criminal cases of
12-7 whatever grade, with such exceptions and under such regulations as
12-8 may be provided in this Constitution or as prescribed by law.
12-9 (b) The appeal of all cases in which the death penalty has
12-10 been assessed shall be to the Court of Criminal Appeals. The
12-11 appeal of all other criminal cases shall be to the Courts of Appeal
12-12 as prescribed by law. In addition, the Court of Criminal Appeals
12-13 may, on its own motion, review a decision of a Court of Appeals in
12-14 a criminal case as provided by law. Discretionary review by the
12-15 Court of Criminal Appeals is not a matter of right, but of sound
12-16 judicial discretion.
12-17 (c) Subject to such regulations as may be prescribed by law,
12-18 the Court of Criminal Appeals and the Judges thereof shall have the
12-19 power to issue the writ of habeas corpus, and, in criminal law
12-20 matters, the writs of mandamus, procedendo, prohibition, and
12-21 certiorari. The Court and the Judges thereof shall have the power
12-22 to issue such other writs as may be necessary to protect its
12-23 jurisdiction or enforce its judgments. The court shall have the
12-24 power upon affidavit or otherwise to ascertain such matters of fact
12-25 as may be necessary to the exercise of its jurisdiction.
12-26 [The Court of Criminal Appeals may sit for the transaction of
12-27 business at any time during the year and each term shall begin and
13-1 end with each calendar year. The Court of Criminal Appeals shall
13-2 appoint a clerk of the court who shall give bond in such manner as
13-3 is now or may hereafter be required by law, and who shall hold his
13-4 office for a term of four years unless sooner removed by the court
13-5 for good cause entered of record on the minutes of said court.]
13-6 [The Clerk of the Court of Criminal Appeals who may be in
13-7 office at the time when this Amendment takes effect shall continue
13-8 in office for the term of his appointment.]
13-9 SECTION 2.06. Article V, Texas Constitution, is amended by
13-10 adding Sections 5a and 5b to read as follows:
13-11 Sec. 5a. The Supreme Court, Court of Criminal Appeals, and
13-12 each Court of Appeals shall each appoint a clerk of the court, who
13-13 shall give bond in the manner required by law, may hold office for
13-14 four years subject to removal by the appointing court for good
13-15 cause entered of record on the minutes of the court, and shall
13-16 receive such compensation as the legislature may provide.
13-17 Sec. 5b. The Supreme Court and the Court of Criminal Appeals
13-18 may sit at any time during the year at the seat of government or,
13-19 at the court's discretion, at any other location in this state for
13-20 the transaction of business, and each term of either court shall
13-21 begin and end with each calendar year.
13-22 SECTION 2.07. Section 6, Article V, Texas Constitution, is
13-23 amended to read as follows:
13-24 Sec. 6. (a) The state shall be divided into courts of
13-25 appeals districts, with each district having a Chief Justice, two
13-26 or more other Justices, and such other officials as may be provided
13-27 by law. The Justices shall have the qualifications prescribed for
14-1 Justices of the Supreme Court. The Court of Appeals may sit in
14-2 sections as authorized by law. The concurrence of a majority of
14-3 the judges sitting in a section is necessary to decide a case.
14-4 Said Court of Appeals shall have appellate jurisdiction
14-5 co-extensive with the limits of their respective districts, which
14-6 shall extend to all cases of which the District Courts or County
14-7 Courts have original or appellate jurisdiction, under such
14-8 restrictions and regulations as may be prescribed by law.
14-9 Provided, that the decision of said courts shall be conclusive on
14-10 all questions of fact brought before them on appeal or error. Said
14-11 courts shall have such other jurisdiction, original and appellate,
14-12 as may be prescribed by law.
14-13 (b) Each of said Courts of Appeals shall hold its sessions
14-14 at a place in its district to be designated by the Legislature, and
14-15 at such time as may be prescribed by law. Said Justices shall be
14-16 elected by the qualified voters of their respective districts at a
14-17 general election, for a term of six years and shall receive for
14-18 their services the sum provided by law[. Each Court of Appeals
14-19 shall appoint a clerk in the same manner as the clerk of the
14-20 Supreme Court which clerk shall receive such compensation as may be
14-21 fixed by law].
14-22 (c) All constitutional and statutory references to the
14-23 Courts of Civil Appeals shall be construed to mean the Courts of
14-24 Appeals.
14-25 SECTION 2.08. Section 11, Article V, Texas Constitution, is
14-26 amended to read as follows:
14-27 Sec. 11. No judge shall sit in any case wherein the judge
15-1 [he] may be interested, or where either of the parties may be
15-2 connected with the judge [him], either by affinity or
15-3 consanguinity, within such a degree as may be prescribed by law, or
15-4 when the judge [he] shall have been counsel in the case. When
15-5 the Supreme Court, the Court of Criminal Appeals, the Court of
15-6 [Civil] Appeals, or any member of any of those courts [either,]
15-7 shall be thus disqualified to hear and determine any case or cases
15-8 in said court, the same shall be certified to the Governor of the
15-9 State, who shall immediately commission the requisite number of
15-10 persons learned in the law for the trial and determination of such
15-11 cause or causes. When a judge of the District Court is
15-12 disqualified by any of the causes above stated, the parties may, by
15-13 consent, appoint a proper person to try said case; or upon their
15-14 failing to do so, a competent person may be appointed to try the
15-15 same in the county where it is pending, in such manner as may be
15-16 prescribed by law.
15-17 And the District Judges may exchange districts, or hold
15-18 courts for each other when they may deem it expedient, and shall do
15-19 so when required by law. This disqualification of judges of
15-20 inferior tribunals shall be remedied and vacancies in their offices
15-21 filled as may be prescribed by law.
15-22 SECTION 2.09. Section 13, Article V, Texas Constitution, is
15-23 amended to read as follows:
15-24 Sec. 13. Grand and petit juries in the District Courts shall
15-25 be composed of twelve persons [men]; but nine members of a grand
15-26 jury shall be a quorum to transact business and present bills. In
15-27 trials of civil cases, and in trials of criminal cases below the
16-1 grade of felony in the District Courts, nine members of the jury,
16-2 concurring, may render a verdict, but when the verdict shall be
16-3 rendered by less than the whole number, it shall be signed by every
16-4 member of the jury concurring in it. When, pending the trial of
16-5 any case, one or more jurors not exceeding three, may die, or be
16-6 disabled from sitting, the remainder of the jury shall have the
16-7 power to render the verdict; provided, that the Legislature may
16-8 change or modify the rule authorizing less than the whole number of
16-9 the jury to render a verdict.
16-10 SECTION 2.10. Article V, Texas Constitution, is amended by
16-11 adding Section 14 to read as follows:
16-12 Sec. 14. (a) The legislature shall prescribe by law the
16-13 qualifications of grand jurors and petit jurors.
16-14 (b) The legislature shall enact laws to exclude from serving
16-15 on juries persons who have been convicted of bribery, perjury,
16-16 forgery, or other high crimes.
16-17 SECTION 2.11. Section 17, Article V, Texas Constitution, is
16-18 amended to read as follows:
16-19 Sec. 17. The County Court shall hold terms as provided by
16-20 law. Prosecutions may be commenced in said court by information
16-21 filed by the county attorney, or by affidavit, as may be provided
16-22 by law. Grand juries empaneled in the District Courts shall
16-23 inquire into misdemeanors, and all indictments therefor returned
16-24 into the District Courts shall forthwith be certified to the County
16-25 Courts or other inferior courts, having jurisdiction to try them
16-26 for trial; and if such indictment be quashed in the County, or
16-27 other inferior court, the person charged, shall not be discharged
17-1 if there is probable cause of guilt, but may be held by such court
17-2 or magistrate to answer an information or affidavit. A jury in the
17-3 County Court shall consist of six persons [men]; but no jury shall
17-4 be empaneled to try a civil case unless demanded by one of the
17-5 parties, who shall pay such jury fee therefor, in advance, as may
17-6 be prescribed by law, unless the party [he] makes affidavit that
17-7 the party [he] is unable to pay the jury fee [same].
17-8 SECTION 2.12. Sections 18(e), (f), and (g), Article V, Texas
17-9 Constitution, are amended to read as follows:
17-10 (e) The office of Constable is abolished in Mills County,
17-11 Reagan County, and Roberts County [is abolished]. The powers,
17-12 duties, and records of the office are transferred to the County
17-13 Sheriff.
17-14 (f) [The office of Constable in Reagan County and the office
17-15 of Constable in Roberts County are abolished. The functions of the
17-16 office are transferred to the County Sheriff. However, the office
17-17 of Constable is abolished under this subsection only if, at the
17-18 statewide election at which the constitutional amendment providing
17-19 for the abolition is submitted to the voters, a majority of the
17-20 voters of Reagan County or Roberts County, as applicable, voting on
17-21 the question at that election favor the amendment.]
17-22 [(g)] The Legislature by general law may prescribe the
17-23 qualifications of constables.
17-24 SECTION 2.13. Section 28, Article V, Texas Constitution, is
17-25 amended to read as follows:
17-26 Sec. 28. (a) A vacancy [VACANCIES IN OFFICES OF JUDGES OF
17-27 SUPERIOR COURTS TO BE FILLED BY THE GOVERNOR. Vacancies] in the
18-1 office of Chief Justice, Justice, or Judge [judges] of the Supreme
18-2 Court, the Court of Criminal Appeals, the Court of [Civil] Appeals,
18-3 or [and] the District Courts shall be filled by the Governor until
18-4 the next succeeding General Election for state officers, and at
18-5 that election the voters shall fill the vacancy for the unexpired
18-6 term.
18-7 (b) A vacancy[; and vacancies] in the office of County Judge
18-8 or Justice [and Justices] of the Peace shall be filled by the
18-9 Commissioners Court until the next succeeding General Election.
18-10 SECTION 2.14. Section 29, Article V, Texas Constitution, is
18-11 amended to read as follows:
18-12 Sec. 29. The County Court shall hold at least four terms for
18-13 both civil and criminal business annually, as may be provided by
18-14 the Legislature, or by the Commissioners [Commissioners'] Court of
18-15 the county under authority of law, and such other terms each year
18-16 as may be fixed by the Commissioners [Commissioners'] Court;
18-17 provided, the Commissioners [Commissioners'] Court of any county
18-18 having fixed the times and number of terms of the County Court,
18-19 shall not change the same again until the expiration of one year.
18-20 Said court shall dispose of probate business either in term time or
18-21 vacation, under such regulation as may be prescribed by law.
18-22 [Prosecutions may be commenced in said courts in such manner as is
18-23 or may be provided by law, and a jury therein shall consist of six
18-24 men.] Until otherwise provided, the terms of the County Court
18-25 shall be held on the first Mondays in February, May, August and
18-26 November, and may remain in session three weeks.
18-27 SECTION 2.15. Sections 3a and 27, Article V, Texas
19-1 Constitution, are repealed.
19-2 ARTICLE 3. CHANGES TO ARTICLE VI
19-3 SECTION 3.01. Section 1, Article VI, Texas Constitution, is
19-4 amended to read as follows:
19-5 Sec. 1. (a) The following classes of persons shall not be
19-6 allowed to vote in this State[, to wit]:
19-7 (1) persons [First: Persons] under 18 years of
19-8 age;[.]
19-9 (2) [Second: All] persons who have been determined
19-10 mentally incompetent by a court, subject to such exceptions as the
19-11 Legislature may make; and [.]
19-12 (3) [Third: All] persons convicted of any felony,
19-13 subject to such exceptions as the Legislature may make.
19-14 (b) The legislature shall enact laws to exclude from the
19-15 right of suffrage persons who have been convicted of bribery,
19-16 perjury, forgery, or other high crimes.
19-17 SECTION 3.02. Section 2, Article VI, Texas Constitution, is
19-18 amended to read as follows:
19-19 Sec. 2. (a) Every person subject to none of the [foregoing]
19-20 disqualifications provided by Section 1 of this article or by a law
19-21 enacted under that section who is [shall be] a citizen of the
19-22 United States and who is a resident of this state shall be deemed a
19-23 qualified voter; provided, however, that before offering to vote
19-24 at an election a voter shall have registered, but such requirement
19-25 for registration shall not be considered a qualification of a voter
19-26 within the meaning of the term "qualified voter" as used in any
19-27 other Article of this Constitution in respect to any matter except
20-1 qualification and eligibility to vote at an election.
20-2 (b) The Legislature may authorize absentee voting.
20-3 (c) The privilege of free suffrage shall be protected by
20-4 laws regulating elections and prohibiting under adequate penalties
20-5 all undue influence in elections from power, bribery, tumult, or
20-6 other improper practice.
20-7 ARTICLE 4. CHANGES TO ARTICLE VII
20-8 SECTION 4.01. Section 6, Article VII, Texas Constitution, is
20-9 amended to read as follows:
20-10 Sec. 6. All lands heretofore, or hereafter granted to the
20-11 several counties of this State for educational purposes, are of
20-12 right the property of said counties respectively, to which they
20-13 were granted, and title thereto is vested in said counties, and no
20-14 adverse possession or limitation shall ever be available against
20-15 the title of any county. Each county may sell or dispose of its
20-16 lands in whole or in part, in manner to be provided by the
20-17 Commissioners [Commissioners'] Court of the county. [Actual
20-18 settlers residing on said lands, shall be protected in the prior
20-19 right of purchasing the same to the extent of their settlement, not
20-20 to exceed one hundred and sixty acres, at the price fixed by said
20-21 court, which price shall not include the value of existing
20-22 improvements made thereon by such settlers.] Said lands, and the
20-23 proceeds thereof, when sold, shall be held by said counties alone
20-24 as a trust for the benefit of public schools therein; said
20-25 proceeds to be invested in bonds of the United States, the State of
20-26 Texas, or counties in said State, or in such other securities, and
20-27 under such restrictions as may be prescribed by law; and the
21-1 counties shall be responsible for all investments; the interest
21-2 thereon, and other revenue, except the principal shall be available
21-3 fund.
21-4 SECTION 4.02. Article VII, Texas Constitution, is amended by
21-5 adding Section 9-a to read as follows:
21-6 Sec. 9-a. TEMPORARY PROVISION. (a) All land and other
21-7 property set apart under former Section 9 of this article to
21-8 provide a permanent fund described by former Section 9 and
21-9 constituting such a fund on the date former Section 9 of this
21-10 article is repealed shall be sold by the General Land Office as
21-11 soon as practicable after that date and the proceeds shall be
21-12 deposited to the credit of the general revenue fund to be
21-13 appropriated as provided by law.
21-14 (b) All money remaining in the permanent funds established
21-15 under former Section 9 of this article on the date that section is
21-16 repealed shall be transferred on that date to the general revenue
21-17 fund to be appropriated as provided by law. All outstanding income
21-18 accrued to the benefit of those permanent funds before that date
21-19 that are collected after that date and before this section expires
21-20 shall be deposited to the credit of the general revenue fund.
21-21 (c) This section expires January 1, 2005.
21-22 SECTION 4.03. Sections 4A and 9, Article VII, Texas
21-23 Constitution, are repealed.
21-24 ARTICLE 5. CHANGES TO ARTICLE VIII
21-25 SECTION 5.01. Section 1-a, Article VIII, Texas Constitution,
21-26 is amended to read as follows:
21-27 Sec. 1-a. [No State ad valorem tax shall be levied upon any
22-1 property within this State.] The several counties of the State are
22-2 authorized to levy ad valorem taxes upon all property within their
22-3 respective boundaries for county purposes, except the first Three
22-4 Thousand Dollars ($3,000) value of residential homesteads of
22-5 married or unmarried adults, [male or female,] including those
22-6 living alone, not to exceed thirty cents (30 ) on each One Hundred
22-7 Dollars ($100) valuation, in addition to all other ad valorem taxes
22-8 authorized by the Constitution of this State, provided the revenue
22-9 derived therefrom shall be used for construction and maintenance of
22-10 Farm to Market Roads or for Flood Control, except as herein
22-11 otherwise provided.
22-12 SECTION 5.02. Section 1-e, Article VIII, Texas Constitution,
22-13 is amended to read as follows:
22-14 Sec. 1-e. [1.] No State ad valorem taxes shall be levied
22-15 upon any property within this State.
22-16 [2. All receipts from previously authorized State ad valorem
22-17 taxes that are collected on or after the effective date of the 1982
22-18 amendment to this section shall be deposited to the credit of the
22-19 general fund of the county collecting the taxes and may be expended
22-20 for county purposes. Receipts from taxes collected before that
22-21 date shall be distributed by the legislature among institutions
22-22 eligible to receive distributions under prior law. Those receipts
22-23 and receipts distributed under prior law may be expended for the
22-24 purposes provided under prior law or for repair and renovation of
22-25 existing permanent improvements.]
22-26 SECTION 5.03. Section 14, Article VIII, Texas Constitution,
22-27 is amended to read as follows:
23-1 Sec. 14. (a) The qualified voters of each county shall elect
23-2 an assessor-collector of taxes for the county, except as otherwise
23-3 provided by this section.
23-4 (b) In any county having a population of less than 10,000
23-5 inhabitants, as determined by the most recent decennial census of
23-6 the United States, the sheriff of the county, in addition to that
23-7 officer's other duties, shall be the assessor-collector of taxes,
23-8 except that the commissioners court of such a county may submit to
23-9 the qualified voters of the county at an election the question of
23-10 electing an assessor-collector of taxes as a county officer
23-11 separate from the office of sheriff. If a majority of the voters
23-12 voting in such an election approve of electing an
23-13 assessor-collector of taxes for the county, then such official
23-14 shall be elected at the next general election for the
23-15 constitutional term of office as is provided for other tax
23-16 assessor-collectors in this state.
23-17 (c) An assessor-collector of taxes [Except as provided in
23-18 Section 16 of this Article, there shall be elected by the qualified
23-19 voters of each county, an Assessor and Collector of Taxes, who]
23-20 shall hold [his] office for four years [and until his successor is
23-21 elected and qualified]; and [such Assessor and Collector of Taxes]
23-22 shall perform all the duties with respect to assessing property for
23-23 the purpose of taxation and of collecting taxes, as may be
23-24 prescribed by the Legislature.
23-25 SECTION 5.04. Sections 16 and 16a, Article VIII, Texas
23-26 Constitution, are repealed.
23-27 ARTICLE 6. CHANGES TO ARTICLE IX
24-1 SECTION 6.01. Section 8, Article XVI, Texas Constitution, is
24-2 redesignated as Section 14, Article IX, Texas Constitution, and
24-3 amended to read as follows:
24-4 Sec. 14 [8]. Each county in the State may provide, in such
24-5 manner as may be prescribed by law, a Manual Labor Poor House and
24-6 Farm, for taking care of, managing, employing and supplying the
24-7 wants of its indigent and poor inhabitants.
24-8 ARTICLE 7. CHANGES TO ARTICLE XI
24-9 SECTION 7.01. Section 7, Article XI, Texas Constitution, is
24-10 amended to read as follows:
24-11 Sec. 7. All counties and cities bordering on the coast of the
24-12 Gulf of Mexico are hereby authorized upon a vote of the majority of
24-13 the qualified voters [resident property taxpayers] voting thereon
24-14 at an election called for such purpose to levy and collect such tax
24-15 for construction of sea walls, breakwaters, or sanitary purposes,
24-16 as may now or may hereafter be authorized by law, and may create a
24-17 debt for such works and issue bonds in evidence thereof. But no
24-18 debt for any purpose shall ever be incurred in any manner by any
24-19 city or county unless provision is made, at the time of creating
24-20 the same, for levying and collecting a sufficient tax to pay the
24-21 interest thereon and provide at least two per cent (2%) as a
24-22 sinking fund; and the condemnation of the right of way for the
24-23 erection of such works shall be fully provided for.
24-24 SECTION 7.02. Section 11, Article XI, Texas Constitution, is
24-25 amended to read as follows:
24-26 Sec. 11. (a) A Home Rule City may provide by charter or
24-27 charter amendment, and a city, town or village operating under the
25-1 general laws may provide by majority vote of the qualified voters
25-2 voting at an election called for that purpose, for a longer term of
25-3 office than two (2) years for its officers, either elective or
25-4 appointive, or both, but not to exceed four (4) years; provided,
25-5 however, that tenure under Civil Service shall not be affected
25-6 hereby; provided [.]
25-7 [Provided], however, that [if any of] such officers, elective
25-8 or appointive, are subject to Section 65(b), Article XVI, of this
25-9 constitution, providing for automatic resignation in certain
25-10 circumstances, in the same manner as a county or district officer
25-11 to which that section applies [shall announce their candidacy, or
25-12 shall in fact become a candidate, in any general, special or
25-13 primary election, for any office of profit or trust under the laws
25-14 of this State or the United States other than the office then held,
25-15 at any time when the unexpired term of the office then held shall
25-16 exceed one (1) year, such announcement or such candidacy shall
25-17 constitute an automatic resignation of the office then held, and
25-18 the vacancy thereby created shall be filled pursuant to law in the
25-19 same manner as other vacancies for such office are filled].
25-20 (b) A municipality so providing a term exceeding two (2)
25-21 years but not exceeding four (4) years for any of its non-civil
25-22 service officers must elect all of the members of its governing
25-23 body by majority vote of the qualified voters in such municipality,
25-24 and any vacancy or vacancies occurring on such governing body shall
25-25 not be filled by appointment but must be filled by majority vote of
25-26 the qualified voters at a special election called for such purpose
25-27 within one hundred and twenty (120) days after such vacancy or
26-1 vacancies occur.
26-2 ARTICLE 8. CHANGES TO ARTICLE XVI
26-3 SECTION 8.01. Section 1, Article XVI, Texas Constitution, is
26-4 amended to read as follows:
26-5 Sec. 1. (a) All [Members of the Legislature, and all other]
26-6 elected and appointed officers, before they enter upon the duties
26-7 of their offices, shall take the following Oath or Affirmation:
26-8 "I, ____________, do solemnly swear (or affirm), that I will
26-9 faithfully execute the duties of the office of ____________ of the
26-10 State of Texas, and will to the best of my ability preserve,
26-11 protect, and defend the Constitution and laws of the United States
26-12 and of this State, so help me God."
26-13 (b) All [Each member of the Legislature and all other]
26-14 elected or appointed officers, before taking the Oath or
26-15 Affirmation of office prescribed by this section and entering upon
26-16 the duties of office, shall subscribe to the following statement:
26-17 "I, ____________, do solemnly swear (or affirm) that I have
26-18 not directly or indirectly paid, offered, promised to pay,
26-19 contributed, or promised to contribute any money or thing of value,
26-20 or promised any public office or employment for the giving or
26-21 withholding of a vote at the election at which I was elected or as
26-22 a reward to secure my appointment or confirmation, whichever the
26-23 case may be, so help me God."
26-24 (c) [The Secretary of State, and all other appointed
26-25 officers, before entering upon the duties of their offices, shall
26-26 take the following Oath or Affirmation:]
26-27 ["I, ____________, do solemnly swear (or affirm), that I will
27-1 faithfully execute the duties of the office of ____________ of the
27-2 State of Texas, and will to the best of my ability preserve,
27-3 protect, and defend the Constitution and laws of the United States
27-4 and of this State, so help me God."]
27-5 [(d) The Secretary of State, and all other appointed
27-6 officers, before taking the Oath or Affirmation of office
27-7 prescribed by this section and entering upon the duties of office,
27-8 shall subscribe to the following statement:]
27-9 ["I, ____________, do solemnly swear (or affirm) that I have
27-10 not directly or indirectly paid, offered, or promised to pay,
27-11 contributed, or promised to contribute any money, or valuable
27-12 thing, or promised any public office or employment, as a reward to
27-13 secure my appointment or confirmation thereof, so help me God."]
27-14 [(e)] Members of the Legislature, the Secretary of State,
27-15 and all other elected and appointed state officers shall file the
27-16 signed statement required by Subsection (b) of this section with
27-17 the Secretary of State before taking the Oath or Affirmation of
27-18 office prescribed by Subsection (a) of this section. All
27-19 [(f) The Secretary of State and all] other [appointed]
27-20 officers shall retain [file] the signed statement required by
27-21 Subsection (b) [(d)] of this section with the official records of
27-22 the office [Secretary of State before taking the Oath or
27-23 Affirmation of office prescribed by Subsection (c) of this
27-24 section].
27-25 SECTION 8.02. Section 2, Article XVI, Texas Constitution, is
27-26 amended to read as follows:
27-27 Sec. 2. Laws shall be made to exclude from office persons who
28-1 have been [, serving on juries, and from the right of suffrage,
28-2 those who may have been or shall hereafter be] convicted of
28-3 bribery, perjury, forgery, or other high crimes. [The privilege of
28-4 free suffrage shall be protected by laws regulating elections and
28-5 prohibiting under adequate penalties all undue influence therein
28-6 from power, bribery, tumult or other improper practice.]
28-7 SECTION 8.03. Section 11, Article XVI, Texas Constitution, is
28-8 amended to read as follows:
28-9 Sec. 11. The Legislature shall have authority to [classify
28-10 loans and lenders, license and regulate lenders,] define interest
28-11 and fix maximum rates of interest; provided, however, in the
28-12 absence of legislation fixing maximum rates of interest all
28-13 contracts for a greater rate of interest than ten per centum (10%)
28-14 per annum shall be deemed usurious; provided, further, that in
28-15 contracts where no rate of interest is agreed upon, the rate shall
28-16 not exceed six per centum (6%) per annum. [Should any regulatory
28-17 agency, acting under the provisions of this Section, cancel or
28-18 refuse to grant any permit under any law passed by the Legislature;
28-19 then such applicant or holder shall have the right of appeal to the
28-20 courts and granted a trial de novo as that term is used in
28-21 appealing from the justice of peace court to the county court.]
28-22 SECTION 8.04. Section 23, Article XVI, Texas Constitution, is
28-23 amended to read as follows:
28-24 Sec. 23. The Legislature [may pass laws for the regulation of
28-25 live stock and the protection of stock raisers in the stock raising
28-26 portion of the State, and exempt from the operation of such laws
28-27 other portions, sections, or counties; and] shall have power to
29-1 pass general and special laws for the inspection of cattle, stock
29-2 and hides and for the regulation of brands; provided, that any
29-3 local law thus passed shall be submitted to the qualified voters
29-4 [freeholders] of the section to be affected thereby, and approved
29-5 by them, before it shall go into effect.
29-6 SECTION 8.05. Sections 19, 22, 56, and 65A, Article XVI,
29-7 Texas Constitution, are repealed.
29-8 ARTICLE 9. TEMPORARY TRANSITION PROVISION; ELECTION
29-9 SECTION 9.01. The following temporary provision is added to
29-10 the Texas Constitution:
29-11 TEMPORARY TRANSITION PROVISION. (a) This section applies to
29-12 the amendments to this constitution proposed by H.J.R. No. ___,
29-13 77th Legislature, Regular Session, 2001.
29-14 (b) The reenactment of any provision of this constitution
29-15 for purposes of amendment does not revive a provision that may have
29-16 been impliedly repealed by the adoption of a later amendment.
29-17 (c) The amendment of any provision of this constitution does
29-18 not affect vested rights.
29-19 SECTION 9.02. This proposed constitutional amendment shall be
29-20 submitted to the voters at an election to be held November 6, 2001.
29-21 The ballot shall be printed to permit voting for or against the
29-22 proposition: "The constitutional amendment to eliminate obsolete,
29-23 archaic, redundant, and unnecessary provisions and to clarify,
29-24 update, and harmonize certain provisions of the Texas
29-25 Constitution."