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."