By Mowery                                             H.J.R. No. 75
         77R3549 JSA-D                           
                                 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           The creation, extension or impairing of liens;
 3-5           Regulating the affairs of counties, cities, towns, wards or
 3-6     school districts;
 3-7           Changing the names of persons or places;
 3-8           Changing the venue in civil or criminal cases;
 3-9           Authorizing the laying out, opening, altering or maintaining
3-10     of roads, highways, streets or alleys;
3-11           Relating to ferries or bridges, or incorporating ferry or
3-12     bridge companies, except for the erection of bridges crossing
3-13     streams which form boundaries between this and any other State;
3-14           Vacating roads, town plats, streets or alleys;
3-15           Relating to cemeteries, grave-yards or public grounds not of
3-16     the State;
3-17           Authorizing the adoption or legitimation of children;
3-18           Locating or changing county seats;
3-19           Incorporating cities, towns or villages, or changing their
3-20     charters;
3-21           For the opening and conducting of elections, or fixing or
3-22     changing the places of voting;
3-23           Granting divorces;
3-24           Creating offices, or prescribing the powers and duties of
3-25     officers, in counties, cities, towns, election or school districts;
3-26           Changing the law of descent or succession;
3-27           Regulating the practice or jurisdiction of, or changing the
 4-1     rules of evidence in any judicial proceeding or inquiry before
 4-2     courts, justices of the peace, sheriffs, commissioners, arbitrators
 4-3     or other tribunals, or providing or changing methods for the
 4-4     collection of debts, or the enforcing of judgments, or prescribing
 4-5     the effect of judicial sales of real estate;
 4-6           Regulating the fees, or extending the powers and duties of
 4-7     aldermen, justices of the peace, magistrates or constables;
 4-8           Regulating the management of public schools, the building or
 4-9     repairing of school houses, and the raising of money for such
4-10     purposes;
4-11           Fixing the rate of interest;
4-12           Affecting the estates of minors, or persons under disability;
4-13           Remitting fines, penalties and forfeitures, and refunding
4-14     moneys legally paid into the treasury;
4-15           Exempting property from taxation;
4-16           Regulating labor, trade, mining and manufacturing;
4-17           Declaring any named person of age;
4-18           Extending the time for the assessment or collection of taxes,
4-19     or otherwise relieving any assessor or collector of taxes from the
4-20     due performance of his official duties, or his securities from
4-21     liability;
4-22           Giving effect to informal or invalid wills or deeds;
4-23           Summoning or empanelling grand or petit juries;
4-24           For limitation of civil or criminal actions;
4-25           For incorporating railroads or other works of internal
4-26     improvements.
4-27           (b)  In addition to those laws described by Subsection (a) of
 5-1     this section [; And] in all other cases where a general law can be
 5-2     made applicable, no local or special law shall be enacted;
 5-3     provided, that nothing herein contained shall be construed to
 5-4     prohibit the Legislature from passing:
 5-5                 (1)  special laws for the preservation of the game and
 5-6     fish of this State in certain localities;
 5-7                 (2)  fence laws applicable to any subdivision of this
 5-8     State or counties as may be needed to meet the wants of the people;
 5-9     and
5-10                 (3)  laws for the regulation of livestock and the
5-11     protection of stock raisers in the stock raising portion of this
5-12     State, including laws exempting from the operation of such laws
5-13     other portions, sections, or counties.
5-14           SECTION 1.04. Section 60, Article III, Texas Constitution, is
5-15     amended to read as follows:
5-16           Sec. 60. The Legislature shall have the power to pass such
5-17     laws as may be necessary to enable all counties, cities, towns,
5-18     villages, and other political subdivisions of this State to provide
5-19     Workers' [Workman's] Compensation Insurance, including the right of
5-20     a political subdivision to provide its own insurance risk, for all
5-21     employees of the [county or] political subdivision as in its
5-22     judgment is necessary or required;  and the Legislature shall
5-23     provide suitable laws for the administration of such insurance in
5-24     the counties, cities, towns, villages, or other political
5-25     subdivisions of this State and for the payment of the costs,
5-26     charges and premiums on such policies of insurance and the benefits
5-27     to be paid thereunder.
 6-1           SECTION 1.05. Sections 61 and 63,  Article III,  Texas
 6-2     Constitution, are repealed.
 6-3                      ARTICLE 2.  CHANGES TO ARTICLE V
 6-4           SECTION 2.01. Sections 1-a(1) and (2), Article V, Texas
 6-5     Constitution, are amended to read as follows:
 6-6           (1)  Subject to the further provisions of this Section, the
 6-7     Legislature shall provide for the retirement and compensation of
 6-8     Justices and Judges of the Appellate Courts and District and
 6-9     Criminal District Courts on account of length of service, age and
6-10     disability, and for their reassignment to active duty where and
6-11     when needed.  The office of every such Justice and Judge shall
6-12     become vacant when the incumbent reaches the age of seventy-five
6-13     (75) years or such earlier age, not less than seventy (70) years,
6-14     as the Legislature may prescribe[;  but, in the case of an
6-15     incumbent whose term of office includes the effective date of this
6-16     Amendment, this provision shall not prevent him from serving the
6-17     remainder of said term nor be applicable to him before his period
6-18     or periods of judicial service shall have reached a total of ten
6-19     (10) years].
6-20           (2)  The [name of the State Judicial Qualifications
6-21     Commission is changed to the] State Commission on Judicial
6-22     Conduct[.  The Commission] consists of eleven (11) members, to wit:
6-23     (i) one (1) Justice of a Court of Appeals; (ii) one (1) District
6-24     Judge; (iii) two (2) members of the State Bar, who have
6-25     respectively practiced as such for over ten (10) consecutive years
6-26     next preceding their selection; (iiii) four (4) citizens, at least
6-27     thirty (30) years of age, not licensed to practice law nor holding
 7-1     any salaried public office or employment; (v) one (1) Justice of
 7-2     the Peace; (vi) one (1) Judge of a Municipal Court;  and, (vii) one
 7-3     (1) Judge of a County Court at Law;  provided that no person shall
 7-4     be or remain a member of the Commission, who does not maintain
 7-5     physical residence within this State, or who resides in, or holds a
 7-6     judgeship within or for, the same Supreme Judicial District as
 7-7     another member of the Commission, or who shall have ceased to
 7-8     retain the qualifications above specified for his respective class
 7-9     of membership, except that the Justice of the Peace and the Judges
7-10     of a Municipal Court and or a County Court at Law shall be selected
7-11     at large without regard to whether they reside or hold a judgeship
7-12     in the same Supreme Judicial District as another member of the
7-13     Commission. Commissioners of classes (i), (ii), and (vii) above
7-14     shall be chosen by the Supreme Court with advice and consent of the
7-15     Senate, those of class (iii) by the Board of Directors of the State
7-16     Bar under regulations to be prescribed by the Supreme Court with
7-17     advice and consent of the Senate, those of class (iiii) by
7-18     appointment of the Governor with advice and consent of the Senate,
7-19     and the commissioners of classes (v) and (vi) by appointment of the
7-20     Supreme Court as provided by law, with the advice and consent of
7-21     the Senate.
7-22           SECTION 2.02. Section 2, Article V, Texas Constitution, is
7-23     amended to read as follows:
7-24           Sec. 2. (a)  The Supreme Court shall consist of the Chief
7-25     Justice and eight Justices, any five of whom shall constitute a
7-26     quorum, and the concurrence of five shall be necessary to a
7-27     decision of a case;  provided, that when the business of the court
 8-1     may require, the court may sit in sections as designated by the
 8-2     court to hear argument of causes and to consider applications for
 8-3     writs of error or other preliminary matters.
 8-4           (b)  No person shall be eligible to serve in the office of
 8-5     Chief Justice or Justice of the Supreme Court unless the person is
 8-6     licensed to practice law in this state and is, at the time of
 8-7     election, a citizen of the United States and of this state, and has
 8-8     attained the age of thirty-five years, and has been a practicing
 8-9     lawyer, or a lawyer and judge of a court of record together at
8-10     least ten years.
8-11           (c)  Said Justices shall be elected (three of them each two
8-12     years) by the qualified voters of the state at a general election;
8-13     shall hold their offices six years, or until their successors are
8-14     elected and qualified;  and shall each receive such compensation as
8-15     shall be provided by law.  [In case of a vacancy in the office of
8-16     the Chief Justice or any Justice of the Supreme Court, the Governor
8-17     shall fill the vacancy until the next general election for state
8-18     officers, and at such general election the vacancy for the
8-19     unexpired term shall be filled by election by the qualified voters
8-20     of the state.  The Justices of the Supreme Court who may be in
8-21     office at the time this amendment takes effect shall continue in
8-22     office until the expiration of their term of office under the
8-23     present Constitution, and until their successors are elected and
8-24     qualified.]
8-25           SECTION 2.03. Section 3, Article V, Texas Constitution, is
8-26     amended to read as follows:
8-27           Sec. 3. (a)  The Supreme Court shall exercise the judicial
 9-1     power of the state except as otherwise provided in this
 9-2     Constitution.  Its jurisdiction shall be coextensive with the
 9-3     limits of the State and its determinations shall be final except in
 9-4     criminal law matters.  Its appellate jurisdiction shall be final
 9-5     and shall extend to all cases except in criminal law matters and as
 9-6     otherwise provided in this Constitution or by law.  The Supreme
 9-7     Court and the Justices thereof shall have power to issue writs of
 9-8     habeas corpus, as may be prescribed by law, and under such
 9-9     regulations as may be prescribed by law, the said courts and the
9-10     Justices thereof may issue the writs of mandamus, procedendo,
9-11     certiorari and such other writs, as may be necessary to enforce its
9-12     jurisdiction.  The Legislature may confer original jurisdiction on
9-13     the Supreme Court to issue writs of quo warranto and mandamus in
9-14     such cases as may be specified, except as against the Governor of
9-15     the State.
9-16           (b)  The Supreme Court shall also have power, upon affidavit
9-17     or otherwise as by the court may be determined, to ascertain such
9-18     matters of fact as may be necessary to the proper exercise of its
9-19     jurisdiction.
9-20           [The Supreme Court shall appoint a clerk, who shall give bond
9-21     in such manner as is now or may hereafter, be required by law, and
9-22     he may hold his office for four years and shall be subject to
9-23     removal by said court for good cause entered of record on the
9-24     minutes of said court who shall receive such compensation as the
9-25     Legislature may provide.]
9-26           SECTION 2.04. Section 5, Article V, Texas Constitution, is
9-27     amended to read as follows:
 10-1          Sec. 5. (a)  The Court of Criminal Appeals shall have final
 10-2    appellate jurisdiction coextensive with the limits of the state,
 10-3    and its determinations shall be final, in all criminal cases of
 10-4    whatever grade, with such exceptions and under such regulations as
 10-5    may be provided in this Constitution or as prescribed by law.
 10-6          (b)  The appeal of all cases in which the death penalty has
 10-7    been assessed shall be to the Court of Criminal Appeals.  The
 10-8    appeal of all other criminal cases shall be to the Courts of Appeal
 10-9    as prescribed by law.  In addition, the Court of Criminal Appeals
10-10    may, on its own motion, review a decision of a Court of Appeals in
10-11    a criminal case as provided by law.  Discretionary review by the
10-12    Court of Criminal Appeals is not a matter of right, but of sound
10-13    judicial discretion.
10-14          (c)  Subject to such regulations as may be prescribed by law,
10-15    the Court of Criminal Appeals and the Judges thereof shall have the
10-16    power to issue the writ of habeas corpus, and, in criminal law
10-17    matters, the writs of mandamus, procedendo, prohibition, and
10-18    certiorari.  The Court and the Judges thereof shall have the power
10-19    to issue such other writs as may be necessary to protect its
10-20    jurisdiction or enforce its judgments.  The court shall have the
10-21    power upon affidavit or otherwise to ascertain such matters of fact
10-22    as may be necessary to the exercise of its jurisdiction.
10-23          [The Court of Criminal Appeals may sit for the transaction of
10-24    business at any time during the year and each term shall begin and
10-25    end with each calendar year.  The Court of Criminal Appeals shall
10-26    appoint a clerk of the court who shall give bond in such manner as
10-27    is now or may hereafter be required by law, and who shall hold his
 11-1    office for a term of four years unless sooner removed by the court
 11-2    for good cause entered of record on the minutes of said court.]
 11-3          [The Clerk of the Court of Criminal Appeals who may be in
 11-4    office at the time when this Amendment takes effect shall continue
 11-5    in office for the term of his appointment.]
 11-6          SECTION 2.05. Article V, Texas Constitution, is amended by
 11-7    adding Sections 5a and 5b to read as follows:
 11-8          Sec. 5a. The Supreme Court, Court of Criminal Appeals, and
 11-9    each Court of Appeals shall each appoint a clerk of the court, who
11-10    shall give bond in the manner required by law, may hold office for
11-11    four years subject to removal by the appointing court for good
11-12    cause entered of record on the minutes of the court, and shall
11-13    receive such compensation as the legislature may provide.
11-14          Sec. 5b. The Supreme Court and the Court of Criminal Appeals
11-15    may sit at any time during the year at the seat of government or,
11-16    at the court's discretion, at any other location in this state for
11-17    the transaction of business, and each term of either court shall
11-18    begin and end with each calendar year.
11-19          SECTION 2.06. Section 6, Article V, Texas Constitution, is
11-20    amended to read as follows:
11-21          Sec. 6. (a)  The state shall be divided into courts of
11-22    appeals districts, with each district having a Chief Justice, two
11-23    or more other Justices, and such other officials as may be provided
11-24    by law. The Justices shall have the qualifications prescribed for
11-25    Justices of the Supreme Court.  The Court of Appeals may sit in
11-26    sections as authorized by law.  The concurrence of a majority of
11-27    the judges sitting in a section is necessary to decide a case.
 12-1    Said Court of Appeals shall have appellate jurisdiction
 12-2    co-extensive with the limits of their respective districts, which
 12-3    shall extend to all cases of which the District Courts or County
 12-4    Courts have original or appellate jurisdiction, under such
 12-5    restrictions and regulations as may be prescribed by law.
 12-6    Provided, that the decision of said courts shall be conclusive on
 12-7    all questions of fact brought before them on appeal or error.  Said
 12-8    courts shall have such other jurisdiction, original and appellate,
 12-9    as may be prescribed by law.
12-10          (b)  Each of said Courts of Appeals shall hold its sessions
12-11    at a place in its district to be designated by the Legislature, and
12-12    at such time as may be prescribed by law.  Said Justices shall be
12-13    elected by the qualified voters of their respective districts at a
12-14    general election, for a term of six years and shall receive for
12-15    their services the sum provided by law[.  Each Court of Appeals
12-16    shall appoint a clerk in the same manner as the clerk of the
12-17    Supreme Court which clerk shall receive such compensation as may be
12-18    fixed by law].
12-19          (c)  All constitutional and statutory references to the
12-20    Courts of Civil Appeals shall be construed to mean the Courts of
12-21    Appeals.
12-22          SECTION 2.07. Section 11, Article V, Texas Constitution, is
12-23    amended to read as follows:
12-24          Sec. 11. No judge shall sit in any case wherein the judge
12-25    [he] may be interested, or where either of the parties may be
12-26    connected with  the judge  [him], either by affinity or
12-27    consanguinity, within such a degree as may be prescribed by law, or
 13-1    when  the judge  [he] shall have been counsel in the case.  When
 13-2    the Supreme Court, the Court of Criminal Appeals, the Court of
 13-3    [Civil] Appeals, or any member of any of those courts [either,]
 13-4    shall be thus disqualified to hear and determine any case or cases
 13-5    in said court, the same shall be certified to the Governor of the
 13-6    State, who shall immediately commission the requisite number of
 13-7    persons learned in the law for the trial and determination of such
 13-8    cause or causes.  When a judge of the District Court is
 13-9    disqualified by any of the causes above stated, the parties may, by
13-10    consent, appoint a proper person to try said case;  or upon their
13-11    failing to do so, a competent person may be appointed to try the
13-12    same in the county where it is pending, in such manner as may be
13-13    prescribed by law.
13-14          And the District Judges may exchange districts, or hold
13-15    courts for each other when they may deem it expedient, and shall do
13-16    so when required by law.  This disqualification of judges of
13-17    inferior tribunals shall be remedied and vacancies in their offices
13-18    filled as may be prescribed by law.
13-19          SECTION 2.08. Sections 13 and 17, Article V, Texas
13-20    Constitution, are amended to read as follows:
13-21          Sec. 13. Grand and petit juries in the District Courts shall
13-22    be composed of twelve persons [men];  but nine members of a grand
13-23    jury shall be a quorum to transact business and present bills.  In
13-24    trials of civil cases, and in trials of criminal cases below the
13-25    grade of felony in the District Courts, nine members of the jury,
13-26    concurring, may render a verdict, but when the verdict shall be
13-27    rendered by less than the whole number, it shall be signed by every
 14-1    member of the jury concurring in it.  When, pending the trial of
 14-2    any case, one or more jurors not exceeding three, may die, or be
 14-3    disabled from sitting, the remainder of the jury shall have the
 14-4    power to render the verdict;  provided, that the Legislature may
 14-5    change or modify the rule authorizing less than the whole number of
 14-6    the jury to render a verdict.
 14-7          Sec. 17. The County Court shall hold terms as provided by
 14-8    law.  Prosecutions may be commenced in said court by information
 14-9    filed by the county attorney, or by affidavit, as may be provided
14-10    by law.  Grand juries empaneled in the District Courts shall
14-11    inquire into misdemeanors, and all indictments therefor returned
14-12    into the District Courts shall forthwith be certified to the County
14-13    Courts or other inferior courts, having jurisdiction to try them
14-14    for trial;  and if such indictment be quashed in the County, or
14-15    other inferior court, the person charged, shall not be discharged
14-16    if there is probable cause of guilt, but may be held by such court
14-17    or magistrate to answer an information or affidavit.  A jury in the
14-18    County Court shall consist of six persons [men];  but no jury shall
14-19    be empaneled to try a civil case unless demanded by one of the
14-20    parties, who shall pay such jury fee therefor, in advance, as may
14-21    be prescribed by law, unless the party [he] makes affidavit that
14-22    the party [he] is unable to pay the jury fee [same].
14-23          SECTION 2.09. Sections 18(e), (f), and (g), Article V, Texas
14-24    Constitution, are amended to read as follows:
14-25          (e) The office of Constable is abolished in Mills County,
14-26    Reagan County, and Roberts County [are abolished].  The powers,
14-27    duties, and records of the office are transferred to the County
 15-1    Sheriff.
 15-2          (f)  [The office of Constable in Reagan County and the office
 15-3    of Constable in Roberts County are abolished.  The functions of the
 15-4    office are transferred to the County Sheriff.  However, the office
 15-5    of Constable is abolished under this subsection only if, at the
 15-6    statewide election at which the constitutional amendment providing
 15-7    for the abolition is submitted to the voters, a majority of the
 15-8    voters of Reagan County or Roberts County, as applicable, voting on
 15-9    the question at that election favor the amendment.]
15-10          [(g)]  The Legislature by general law may prescribe the
15-11    qualifications of constables.
15-12          SECTION 2.10. Section 28, Article V, Texas Constitution, is
15-13    amended to read as follows:
15-14          Sec. 28. (a)  A vacancy [Vacancies] in the office of Chief
15-15    Justice, Justice, or Judge [judges] of the Supreme Court, the Court
15-16    of Criminal Appeals, the Court of [Civil] Appeals, or [and] the
15-17    District Courts shall be filled by the Governor until the next
15-18    succeeding General Election for state officers, and at that
15-19    election the voters shall fill the vacancy for the unexpired term.
15-20          (b)  A vacancy[; and vacancies] in the office of County Judge
15-21    or Justice [and Justices] of the Peace shall be filled by the
15-22    Commissioners Court until the next succeeding General Election.
15-23          SECTION 2.11. Section 29, Article V, Texas Constitution, is
15-24    amended to read as follows:
15-25          Sec. 29. The County Court shall hold at least four terms for
15-26    both civil and criminal business annually, as may be provided by
15-27    the Legislature, or by the Commissioners' Court of the county under
 16-1    authority of law, and such other terms each year as may be fixed by
 16-2    the Commissioners' Court;  provided, the Commissioners' Court of
 16-3    any county having fixed the times and number of terms of the County
 16-4    Court, shall not change the same again until the expiration of one
 16-5    year.  Said court shall dispose of probate business either in term
 16-6    time or vacation, under such regulation as may be prescribed by
 16-7    law.  [Prosecutions may be commenced in said courts in such manner
 16-8    as is or may be provided by law, and a jury therein shall consist
 16-9    of six men.]  Until otherwise provided, the terms of the County
16-10    Court shall be held on the first Mondays in February, May, August
16-11    and November, and may remain in session three weeks.
16-12          SECTION 2.12. Sections 3a and 27, Article VII, Texas
16-13    Constitution, are repealed.
16-14                    ARTICLE 3.  CHANGES TO ARTICLE VII
16-15          SECTION 3.01. Section 6, Article VII, Texas Constitution, is
16-16    amended to read as follows:
16-17          Sec. 6. All lands heretofore, or hereafter granted to the
16-18    several counties of this State for educational purposes, are of
16-19    right the property of said counties respectively, to which they
16-20    were granted, and title thereto is vested in said counties, and no
16-21    adverse possession or limitation shall ever be available against
16-22    the title of any county.  Each county may sell or dispose of its
16-23    lands in whole or in part, in manner to be provided by the
16-24    Commissioners' Court of the county.  [Actual settlers residing on
16-25    said lands, shall be protected in the prior right of purchasing the
16-26    same to the extent of their settlement, not to exceed one hundred
16-27    and sixty acres, at the price fixed by said court, which price
 17-1    shall not include the value of existing improvements made thereon
 17-2    by such settlers.]  Said lands, and the proceeds thereof, when
 17-3    sold, shall be held by said counties alone as a trust for the
 17-4    benefit of public schools therein;  said proceeds to be invested in
 17-5    bonds of the United States, the State of Texas, or counties in said
 17-6    State, or in such other securities, and under such restrictions as
 17-7    may be prescribed by law;  and the counties shall be responsible
 17-8    for all investments;  the interest thereon, and other revenue,
 17-9    except the principal shall be available fund.
17-10          SECTION 3.02. Sections 4A and 9, Article VII, Texas
17-11    Constitution, are repealed.
17-12          SECTION 3.03. Article VII, Texas Constitution, is amended by
17-13    adding Section 9-a to read as follows:
17-14          Sec. 9-a.  TEMPORARY PROVISION. All land and other property
17-15    set apart under former Section 9 of this article to provide a
17-16    permanent fund described by former Section 9 and constituting such
17-17    a fund on the date former Section 9 of this article is repealed is
17-18    transferred to the permanent school fund, and any outstanding
17-19    income from that land or other property accruing before the repeal
17-20    of former Section 9 shall be deposited to the credit of the
17-21    available school fund.  This section expires January 1, 2003.
17-22                   ARTICLE 4.  CHANGES TO ARTICLE VIII 
17-23          SECTION 4.01. Section 1-a, Article VIII, Texas Constitution,
17-24    is amended to read as follows:
17-25          Sec. 1-a. [No State ad valorem tax shall be levied upon any
17-26    property within this State.]  The several counties of the State are
17-27    authorized to levy ad valorem taxes upon all property within their
 18-1    respective boundaries for county purposes, except the first Three
 18-2    Thousand Dollars ($3,000) value of residential homesteads of
 18-3    married or unmarried adults, male or female, including those living
 18-4    alone, not to exceed thirty cents (30 ) on each One Hundred Dollars
 18-5    ($100) valuation, in addition to all other ad valorem taxes
 18-6    authorized by the Constitution of this State, provided the revenue
 18-7    derived therefrom shall be used for construction and maintenance of
 18-8    Farm to Market Roads or for Flood Control, except as herein
 18-9    otherwise provided.
18-10          SECTION 4.02. Section 1-e, Article VIII, Texas Constitution,
18-11    is amended to read as follows:
18-12          Sec. 1-e. [1.]  No State ad valorem taxes shall be levied
18-13    upon any property within this State.
18-14          [2.  All receipts from previously authorized State ad valorem
18-15    taxes that are collected on or after the effective date of the 1982
18-16    amendment to this section shall be deposited to the credit of the
18-17    general fund of the county collecting the taxes and may be expended
18-18    for county purposes.  Receipts from taxes collected before that
18-19    date shall be distributed by the legislature among institutions
18-20    eligible to receive distributions under prior law.  Those receipts
18-21    and receipts distributed under prior law may be expended for the
18-22    purposes provided under prior law or for repair and renovation of
18-23    existing permanent improvements.]
18-24          SECTION 4.03. Section 14, Article VIII, Texas Constitution,
18-25    is amended to read as follows:
18-26          Sec. 14. (a)  The qualified voters of each county shall elect
18-27    an assessor-collector of taxes for the county, except as otherwise
 19-1    provided by this section.
 19-2          (b) In any county having a population of less than 10,000
 19-3    inhabitants, as determined by the most recent decennial census of
 19-4    the United States, the sheriff of the county, in addition to that
 19-5    officer's other duties, shall be the assessor and collector of
 19-6    taxes, except that the commissioners court of such a county may
 19-7    submit to the qualified voters of the county at an election the
 19-8    question of electing an assessor and collector of taxes as a county
 19-9    officer separate from the office of sheriff.  If a majority of the
19-10    voters voting in such an election approve of electing an
19-11    assessor-collector of taxes for the county, then such official
19-12    shall be elected at the next general election for the
19-13    constitutional term of office as is provided for other tax
19-14    assessor-collectors in this state.
19-15          (c)  An assessor-collector of taxes [Except as provided in
19-16    Section 16 of this Article, there shall be elected by the qualified
19-17    voters of each county, an Assessor and Collector of Taxes, who]
19-18    shall hold [his] office for four years [and until his successor is
19-19    elected and qualified];  and [such Assessor and Collector of Taxes]
19-20    shall perform all the duties with respect to assessing property for
19-21    the purpose of taxation and of collecting taxes, as may be
19-22    prescribed by the Legislature.
19-23          SECTION 4.04. Sections 16 and 16a, Article VIII, Texas
19-24    Constitution, are repealed.
19-25                     ARTICLE 5.  CHANGES TO ARTICLE XI
19-26          SECTION 5.01. Section 7, Article XI, Texas Constitution, is
19-27    amended to read as follows:
 20-1          Sec. 7. All counties and cities bordering on the coast of the
 20-2    Gulf of Mexico are hereby authorized upon a vote of the majority of
 20-3    the qualified voters [resident property taxpayers] voting thereon
 20-4    at an election called for such purpose to levy and collect such tax
 20-5    for construction of sea walls, breakwaters, or sanitary purposes,
 20-6    as may now or may hereafter be authorized by law, and may create a
 20-7    debt for such works and issue bonds in evidence thereof.  But no
 20-8    debt for any purpose shall ever be incurred in any manner by any
 20-9    city or county unless provision is made, at the time of creating
20-10    the same, for levying and collecting a sufficient tax to pay the
20-11    interest thereon and provide at least two per cent (2%) as a
20-12    sinking fund;  and the condemnation of the right of way for the
20-13    erection of such works shall be fully provided for.
20-14          SECTION 5.02. Section 11, Article XI, Texas Constitution, is
20-15    amended to read as follows:
20-16          Sec. 11. (a)  A Home Rule City may provide by charter or
20-17    charter amendment, and a city, town or village operating under the
20-18    general laws may provide by majority vote of the qualified voters
20-19    voting at an election called for that purpose, for a longer term of
20-20    office than two (2) years for its officers, either elective or
20-21    appointive, or both, but not to exceed four (4) years;  provided,
20-22    however, that tenure under Civil Service shall not be affected
20-23    hereby; provided [.]
20-24          [Provided], however, that [if any of] such officers, elective
20-25    or appointive, are subject to Section 65(b), Article XVI, of this
20-26    constitution, providing for automatic resignation in certain
20-27    circumstances, in the same manner as a county or district officer
 21-1    to which that section applies [shall announce their candidacy, or
 21-2    shall in fact become a candidate, in any general, special or
 21-3    primary election, for any office of profit or trust under the laws
 21-4    of this State or the United States other than the office then held,
 21-5    at any time when the unexpired term of the office then held shall
 21-6    exceed one (1) year, such announcement or such candidacy shall
 21-7    constitute an automatic resignation of the office then held, and
 21-8    the vacancy thereby created shall be filled pursuant to law in the
 21-9    same manner as other vacancies for such office are filled].
21-10          (b)  A municipality so providing a term exceeding two (2)
21-11    years but not exceeding four (4) years for any of its non-civil
21-12    service officers must elect all of the members of its governing
21-13    body by majority vote of the qualified voters in such municipality,
21-14    and any vacancy or vacancies occurring on such governing body shall
21-15    not be filled by appointment but must be filled by majority vote of
21-16    the qualified voters at a special election called for such purpose
21-17    within one hundred and twenty (120) days after such vacancy or
21-18    vacancies occur.
21-19                    ARTICLE 6.  CHANGES TO ARTICLE XVI 
21-20          SECTION 6.01. Section 1, Article XVI, Texas Constitution, is
21-21    amended to read as follows:
21-22          Sec. 1. (a)  All [Members of the Legislature, and all other]
21-23    elected and appointed officers, before they enter upon the duties
21-24    of their offices, shall take the following Oath or Affirmation:
21-25          "I, ____________, do solemnly swear (or affirm), that I will
21-26    faithfully execute the duties of the office of ____________ of the
21-27    State of Texas, and will to the best of my ability preserve,
 22-1    protect, and defend the Constitution and laws of the United States
 22-2    and of this State, so help me God."
 22-3          (b)  All [Each member of the Legislature and all other]
 22-4    elected or appointed officers, before taking the Oath or
 22-5    Affirmation of office prescribed by this section and entering upon
 22-6    the duties of office, shall subscribe to the following statement:
 22-7          "I, ____________, do solemnly swear (or affirm) that I have
 22-8    not directly or indirectly paid, offered, promised to pay,
 22-9    contributed, or promised to contribute any money or thing of value,
22-10    or promised any public office or employment for the giving or
22-11    withholding of a vote at the election at which I was elected or as
22-12    a reward to secure my appointment or confirmation, whichever the
22-13    case may be, so help me God."
22-14          (c)  [The Secretary of State, and all other appointed
22-15    officers, before entering upon the duties of their offices, shall
22-16    take the following Oath or Affirmation:]
22-17          ["I, ____________, do solemnly swear (or affirm), that I will
22-18    faithfully execute the duties of the office of ____________ of the
22-19    State of Texas, and will to the best of my ability preserve,
22-20    protect, and defend the Constitution and laws of the United States
22-21    and of this State, so help me God."]
22-22          [(d)  The Secretary of State, and all other appointed
22-23    officers, before taking the Oath or Affirmation of office
22-24    prescribed by this section and entering upon the duties of office,
22-25    shall subscribe to the following statement:]
22-26          ["I, ____________, do solemnly swear (or affirm) that I have
22-27    not directly or indirectly paid, offered, or promised to pay,
 23-1    contributed, or promised to contribute any money, or valuable
 23-2    thing, or promised any public office or employment, as a reward to
 23-3    secure my appointment or confirmation thereof, so help me God."]
 23-4          [(e)]  Members of the Legislature, the Secretary of State,
 23-5    and all other elected and appointed state officers shall file the
 23-6    signed statement required by Subsection (b) of this section with
 23-7    the Secretary of State before taking the Oath or Affirmation of
 23-8    office prescribed by Subsection (a) of this section.  All
 23-9          [(f)  The Secretary of State and all] other [appointed]
23-10    officers shall retain [file] the signed statement required by
23-11    Subsection (b) [(d)] of this section with the official records of
23-12    the office [Secretary of State before taking the Oath or
23-13    Affirmation of office prescribed by Subsection (c) of this
23-14    section].
23-15          SECTION 6.02. Section 11, Article XVI, Texas Constitution, is
23-16    amended to read as follows:
23-17          Sec. 11. In [The Legislature shall have authority to classify
23-18    loans and lenders, license and regulate lenders, define interest
23-19    and fix maximum rates of interest;  provided, however, in] the
23-20    absence of legislation fixing maximum rates of interest all
23-21    contracts for a greater rate of interest than ten per centum (10%)
23-22    per annum shall be deemed usurious;  provided, further, that in
23-23    contracts where no rate of interest is agreed upon, the rate shall
23-24    not exceed six per centum (6%) per annum.  Should any regulatory
23-25    agency, acting under the provisions of this Section, cancel or
23-26    refuse to grant any permit under any law passed by the Legislature;
23-27    then such applicant or holder shall have the right of appeal to the
 24-1    courts and granted a trial de novo as that term is used in
 24-2    appealing from the justice of peace court to the county court.
 24-3          SECTION 6.03. Section 19, Article XVI, Texas Constitution, is
 24-4    amended to read as follows:
 24-5          Sec. 19. The Legislature shall prescribe by law the
 24-6    qualifications of grand jurors and petit jurors[; provided that
 24-7    neither the right nor the duty to serve on grand and petit juries
 24-8    shall be denied or abridged by reason of sex.  Whenever in the
 24-9    Constitution the term "men" is used in reference to grand or petit
24-10    juries, such term shall include persons of the female as well as
24-11    the male sex].
24-12          SECTION 6.04. Section 23, Article XVI, Texas Constitution, is
24-13    amended to read as follows:
24-14          Sec. 23. The Legislature [may pass laws for the regulation of
24-15    live stock and the protection of stock raisers in the stock raising
24-16    portion of the State, and exempt from the operation of such laws
24-17    other portions, sections, or counties; and] shall have power to
24-18    pass general and special laws for the inspection of cattle, stock
24-19    and hides and for the regulation of brands;  provided, that any
24-20    local law thus passed shall be submitted to the qualified voters
24-21    [freeholders] of the section to be affected thereby, and approved
24-22    by them, before it shall go into effect.
24-23          SECTION 6.05. Sections 22 and 56, Article XVI, Texas
24-24    Constitution, are repealed.
24-25           ARTICLE 7. TEMPORARY TRANSITION PROVISION; ELECTION 
24-26          SECTION 7.01. The following temporary provision is added to
24-27    the Texas Constitution:
 25-1          TEMPORARY TRANSITION PROVISION. (a)  This section applies to
 25-2    the amendments to this constitution proposed by H.J.R. No. ___,
 25-3    77th Legislature, Regular Session, 2001.
 25-4          (b)  The reenactment of any provision of this constitution
 25-5    for purposes of amendment does not revive a provision that may have
 25-6    been impliedly repealed by the adoption of a later amendment.
 25-7          (c)  The amendment of any provision of this constitution does
 25-8    not affect vested rights.
 25-9          SECTION 7.02. This proposed constitutional amendment shall be
25-10    submitted to the voters at an election to be held November 6, 2001.
25-11    The ballot shall be printed to permit voting for or against the
25-12    proposition:  "The constitutional amendment to eliminate obsolete,
25-13    archaic, redundant, and unnecessary provisions and to clarify,
25-14    update, and harmonize certain provisions of the Texas
25-15    Constitution."