1-1 By: Mowery, Driver (Senate Sponsor - Shapiro) H.J.R. No. 75
1-2 (In the Senate - Received from the House April 25, 2001;
1-3 April 26, 2001, read first time and referred to Committee on State
1-4 Affairs; May 7, 2001, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 7, 2001, sent to printer.)
1-6 HOUSE JOINT RESOLUTION
1-7 proposing a constitutional amendment to eliminate obsolete,
1-8 archaic, redundant, and unnecessary provisions and to clarify,
1-9 update, and harmonize certain provisions of the Texas Constitution.
1-10 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 ARTICLE 1. CHANGES TO ARTICLE III
1-12 SECTION 1.01. Section 25, Article III, Texas Constitution, is
1-13 amended to read as follows:
1-14 Sec. 25. The State shall be divided into Senatorial Districts
1-15 of contiguous territory, [according to the number of qualified
1-16 electors, as nearly as may be,] and each district shall be entitled
1-17 to elect one Senator[; and no single county shall be entitled to
1-18 more than one Senator].
1-19 SECTION 1.02. Section 28, Article III, Texas Constitution, is
1-20 amended to read as follows:
1-21 Sec. 28. The Legislature shall, at its first regular session
1-22 after the publication of each United States decennial census,
1-23 apportion the state into senatorial and representative districts,
1-24 agreeable to the provisions of Sections 25 and[,] 26[, and 26-a] of
1-25 this Article. In the event the Legislature shall at any such first
1-26 regular session following the publication of a United States
1-27 decennial census, fail to make such apportionment, same shall be
1-28 done by the Legislative Redistricting Board of Texas, which is
1-29 hereby created, and shall be composed of five (5) members, as
1-30 follows: The Lieutenant Governor, the Speaker of the House of
1-31 Representatives, the Attorney General, the Comptroller of Public
1-32 Accounts and the Commissioner of the General Land Office, a
1-33 majority of whom shall constitute a quorum. Said Board shall
1-34 assemble in the City of Austin within ninety (90) days after the
1-35 final adjournment of such regular session. The Board shall, within
1-36 sixty (60) days after assembling, apportion the state into
1-37 senatorial and representative districts, or into senatorial or
1-38 representative districts, as the failure of action of such
1-39 Legislature may make necessary. Such apportionment shall be in
1-40 writing and signed by three (3) or more of the members of the Board
1-41 duly acknowledged as the act and deed of such Board, and, when so
1-42 executed and filed with the Secretary of State, shall have force
1-43 and effect of law. Such apportionment shall become effective at
1-44 the next succeeding statewide general election. The Supreme Court
1-45 of Texas shall have jurisdiction to compel such Board [Commission]
1-46 to perform its duties in accordance with the provisions of this
1-47 section by writ of mandamus or other extraordinary writs
1-48 conformable to the usages of law. The Legislature shall provide
1-49 necessary funds for clerical and technical aid and for other
1-50 expenses incidental to the work of the Board, and the Lieutenant
1-51 Governor and the Speaker of the House of Representatives shall be
1-52 entitled to receive per diem and travel expense during the Board's
1-53 session in the same manner and amount as they would receive while
1-54 attending a special session of the Legislature. [This amendment
1-55 shall become effective January 1, 1951.]
1-56 SECTION 1.03. Section 56, Article III, Texas Constitution, is
1-57 amended to read as follows:
1-58 Sec. 56. (a) The Legislature shall not, except as otherwise
1-59 provided in this Constitution, pass any local or special law,
1-60 authorizing:
1-61 (1) the [The] creation, extension or impairing of
1-62 liens;
1-63 (2) regulating [Regulating] the affairs of counties,
1-64 cities, towns, wards or school districts;
2-1 (3) changing [Changing] the names of persons or
2-2 places;
2-3 (4) changing [Changing] the venue in civil or criminal
2-4 cases;
2-5 (5) authorizing [Authorizing] the laying out, opening,
2-6 altering or maintaining of roads, highways, streets or alleys;
2-7 (6) relating [Relating] to ferries or bridges, or
2-8 incorporating ferry or bridge companies, except for the erection of
2-9 bridges crossing streams which form boundaries between this and any
2-10 other State;
2-11 (7) vacating [Vacating] roads, town plats, streets or
2-12 alleys;
2-13 (8) relating [Relating] to cemeteries, grave-yards or
2-14 public grounds not of the State;
2-15 (9) authorizing [Authorizing] the adoption or
2-16 legitimation of children;
2-17 (10) locating [Locating] or changing county seats;
2-18 (11) incorporating [Incorporating] cities, towns or
2-19 villages, or changing their charters;
2-20 (12) for [For] the opening and conducting of
2-21 elections, or fixing or changing the places of voting;
2-22 (13) granting [Granting] divorces;
2-23 (14) creating [Creating] offices, or prescribing the
2-24 powers and duties of officers, in counties, cities, towns, election
2-25 or school districts;
2-26 (15) changing [Changing] the law of descent or
2-27 succession;
2-28 (16) regulating [Regulating] the practice or
2-29 jurisdiction of, or changing the rules of evidence in any judicial
2-30 proceeding or inquiry before courts, justices of the peace,
2-31 sheriffs, commissioners, arbitrators or other tribunals, or
2-32 providing or changing methods for the collection of debts, or the
2-33 enforcing of judgments, or prescribing the effect of judicial sales
2-34 of real estate;
2-35 (17) regulating [Regulating] the fees, or extending
2-36 the powers and duties of aldermen, justices of the peace,
2-37 magistrates or constables;
2-38 (18) regulating [Regulating] the management of public
2-39 schools, the building or repairing of school houses, and the
2-40 raising of money for such purposes;
2-41 (19) fixing [Fixing] the rate of interest;
2-42 (20) affecting [Affecting] the estates of minors, or
2-43 persons under disability;
2-44 (21) remitting [Remitting] fines, penalties and
2-45 forfeitures, and refunding moneys legally paid into the treasury;
2-46 (22) exempting [Exempting] property from taxation;
2-47 (23) regulating [Regulating] labor, trade, mining and
2-48 manufacturing;
2-49 (24) declaring [Declaring] any named person of age;
2-50 (25) extending [Extending] the time for the assessment
2-51 or collection of taxes, or otherwise relieving any assessor or
2-52 collector of taxes from the due performance of his official duties,
2-53 or his securities from liability;
2-54 (26) giving [Giving] effect to informal or invalid
2-55 wills or deeds;
2-56 (27) summoning [Summoning] or empanelling grand or
2-57 petit juries;
2-58 (28) for [For] limitation of civil or criminal
2-59 actions;
2-60 (29) for [For] incorporating railroads or other works
2-61 of internal improvements; or
2-62 (30) relieving or discharging any person or set of
2-63 persons from the performance of any public duty or service imposed
2-64 by general law.
2-65 (b) In addition to those laws described by Subsection (a) of
2-66 this section [; And] in all other cases where a general law can be
2-67 made applicable, no local or special law shall be enacted;
2-68 provided, that nothing herein contained shall be construed to
2-69 prohibit the Legislature from passing:
3-1 (1) special laws for the preservation of the game and
3-2 fish of this State in certain localities; and
3-3 (2) fence laws applicable to any subdivision of this
3-4 State or counties as may be needed to meet the wants of the people.
3-5 SECTION 1.04. Section 59, Article III, Texas Constitution,
3-6 is amended to read as follows:
3-7 Sec. 59. The Legislature shall have power to pass such laws
3-8 as may be necessary to provide for Workers' [Workmen's]
3-9 Compensation Insurance for such State employees, as in its judgment
3-10 is necessary or required; and to provide for the payment of all
3-11 costs, charges, and premiums on such policies of insurance;
3-12 providing the State shall never be required to purchase insurance
3-13 for any employee.
3-14 SECTION 1.05. Section 60, Article III, Texas Constitution, is
3-15 amended to read as follows:
3-16 Sec. 60. The Legislature shall have the power to pass such
3-17 laws as may be necessary to enable all counties, cities, towns,
3-18 villages, and other political subdivisions of this State to provide
3-19 Workers' [Workman's] Compensation Insurance, including the right of
3-20 a political subdivision to provide its own insurance risk, for all
3-21 employees of the [county or] political subdivision as in its
3-22 judgment is necessary or required; and the Legislature shall
3-23 provide suitable laws for the administration of such insurance in
3-24 the counties, cities, towns, villages, or other political
3-25 subdivisions of this State and for the payment of the costs,
3-26 charges and premiums on such policies of insurance and the benefits
3-27 to be paid thereunder.
3-28 SECTION 1.06. Sections 61 and 63, Article III, Texas
3-29 Constitution, are repealed.
3-30 ARTICLE 2. CHANGES TO ARTICLE V
3-31 SECTION 2.01. Sections 1-a(1) and (2), Article V, Texas
3-32 Constitution, are amended to read as follows:
3-33 (1) Subject to the further provisions of this Section, the
3-34 Legislature shall provide for the retirement and compensation of
3-35 Justices and Judges of the Appellate Courts and District and
3-36 Criminal District Courts on account of length of service, age and
3-37 disability, and for their reassignment to active duty where and
3-38 when needed. The office of every such Justice and Judge shall
3-39 become vacant when the incumbent reaches the age of seventy-five
3-40 (75) years or such earlier age, not less than seventy (70) years,
3-41 as the Legislature may prescribe[; but, in the case of an
3-42 incumbent whose term of office includes the effective date of this
3-43 Amendment, this provision shall not prevent him from serving the
3-44 remainder of said term nor be applicable to him before his period
3-45 or periods of judicial service shall have reached a total of ten
3-46 (10) years].
3-47 (2) The [name of the State Judicial Qualifications
3-48 Commission is changed to the] State Commission on Judicial
3-49 Conduct[. The Commission] consists of eleven (11) members, to wit:
3-50 (i) one (1) Justice of a Court of Appeals; (ii) one (1) District
3-51 Judge; (iii) two (2) members of the State Bar, who have
3-52 respectively practiced as such for over ten (10) consecutive years
3-53 next preceding their selection; (iiii) four (4) citizens, at least
3-54 thirty (30) years of age, not licensed to practice law nor holding
3-55 any salaried public office or employment; (v) one (1) Justice of
3-56 the Peace; (vi) one (1) Judge of a Municipal Court; and, (vii) one
3-57 (1) Judge of a County Court at Law; provided that no person shall
3-58 be or remain a member of the Commission, who does not maintain
3-59 physical residence within this State, or who resides in, or holds a
3-60 judgeship within or for, the same Supreme Judicial District as
3-61 another member of the Commission, or who shall have ceased to
3-62 retain the qualifications above specified for his respective class
3-63 of membership, except that the Justice of the Peace and the Judges
3-64 of a Municipal Court and or a County Court at Law shall be selected
3-65 at large without regard to whether they reside or hold a judgeship
3-66 in the same Supreme Judicial District as another member of the
3-67 Commission. Commissioners of classes (i), (ii), and (vii) above
3-68 shall be chosen by the Supreme Court with advice and consent of the
3-69 Senate, those of class (iii) by the Board of Directors of the State
4-1 Bar under regulations to be prescribed by the Supreme Court with
4-2 advice and consent of the Senate, those of class (iiii) by
4-3 appointment of the Governor with advice and consent of the Senate,
4-4 and the commissioners of classes (v) and (vi) by appointment of the
4-5 Supreme Court as provided by law, with the advice and consent of
4-6 the Senate.
4-7 SECTION 2.02. Section 2, Article V, Texas Constitution, is
4-8 amended to read as follows:
4-9 Sec. 2. (a) The Supreme Court shall consist of the Chief
4-10 Justice and eight Justices, any five of whom shall constitute a
4-11 quorum, and the concurrence of five shall be necessary to a
4-12 decision of a case; provided, that when the business of the court
4-13 may require, the court may sit in sections as designated by the
4-14 court to hear argument of causes and to consider applications for
4-15 writs of error or other preliminary matters.
4-16 (b) No person shall be eligible to serve in the office of
4-17 Chief Justice or Justice of the Supreme Court unless the person is
4-18 licensed to practice law in this state and is, at the time of
4-19 election, a citizen of the United States and of this state, and has
4-20 attained the age of thirty-five years, and has been a practicing
4-21 lawyer, or a lawyer and judge of a court of record together at
4-22 least ten years.
4-23 (c) Said Justices shall be elected (three of them each two
4-24 years) by the qualified voters of the state at a general election;
4-25 shall hold their offices six years[, or until their successors are
4-26 elected and qualified]; and shall each receive such compensation
4-27 as shall be provided by law. [In case of a vacancy in the office
4-28 of the Chief Justice or any Justice of the Supreme Court, the
4-29 Governor shall fill the vacancy until the next general election for
4-30 state officers, and at such general election the vacancy for the
4-31 unexpired term shall be filled by election by the qualified voters
4-32 of the state. The Justices of the Supreme Court who may be in
4-33 office at the time this amendment takes effect shall continue in
4-34 office until the expiration of their term of office under the
4-35 present Constitution, and until their successors are elected and
4-36 qualified.]
4-37 SECTION 2.03. Section 3, Article V, Texas Constitution, is
4-38 amended to read as follows:
4-39 Sec. 3. (a) The Supreme Court shall exercise the judicial
4-40 power of the state except as otherwise provided in this
4-41 Constitution. Its jurisdiction shall be coextensive with the
4-42 limits of the State and its determinations shall be final except in
4-43 criminal law matters. Its appellate jurisdiction shall be final
4-44 and shall extend to all cases except in criminal law matters and as
4-45 otherwise provided in this Constitution or by law. The Supreme
4-46 Court and the Justices thereof shall have power to issue writs of
4-47 habeas corpus, as may be prescribed by law, and under such
4-48 regulations as may be prescribed by law, the said courts and the
4-49 Justices thereof may issue the writs of mandamus, procedendo,
4-50 certiorari and such other writs, as may be necessary to enforce its
4-51 jurisdiction. The Legislature may confer original jurisdiction on
4-52 the Supreme Court to issue writs of quo warranto and mandamus in
4-53 such cases as may be specified, except as against the Governor of
4-54 the State.
4-55 (b) The Supreme Court shall also have power, upon affidavit
4-56 or otherwise as by the court may be determined, to ascertain such
4-57 matters of fact as may be necessary to the proper exercise of its
4-58 jurisdiction.
4-59 [The Supreme Court shall appoint a clerk, who shall give bond
4-60 in such manner as is now or may hereafter, be required by law, and
4-61 he may hold his office for four years and shall be subject to
4-62 removal by said court for good cause entered of record on the
4-63 minutes of said court who shall receive such compensation as the
4-64 Legislature may provide.]
4-65 SECTION 2.04. Section 4, Article V, Texas Constitution, is
4-66 amended to read as follows:
4-67 Sec. 4. (a) The Court of Criminal Appeals shall consist of
4-68 eight Judges and one Presiding Judge. The Judges shall have the
4-69 same qualifications and receive the same salaries as the Associate
5-1 Justices of the Supreme Court, and the Presiding Judge shall have
5-2 the same qualifications and receive the same salary as the Chief
5-3 Justice of the Supreme Court. The Presiding Judge and the Judges
5-4 shall be elected by the qualified voters of the state at a general
5-5 election and shall hold their offices for a term of six years. [In
5-6 case of a vacancy in the office of a Judge of the Court of Criminal
5-7 Appeals, the Governor shall, with the advice and consent of the
5-8 Senate, fill said vacancy by appointment until the next succeeding
5-9 general election.]
5-10 (b) For the purpose of hearing cases, the Court of Criminal
5-11 Appeals may sit in panels of three Judges, the designation thereof
5-12 to be under rules established by the court. In a panel of three
5-13 Judges, two Judges shall constitute a quorum and the concurrence of
5-14 two Judges shall be necessary for a decision. The Presiding Judge,
5-15 under rules established by the court, shall convene the court en
5-16 banc for the transaction of all other business and may convene the
5-17 court en banc for the purpose of hearing cases. The court must sit
5-18 en banc during proceedings involving capital punishment and other
5-19 cases as required by law. When convened en banc, five Judges shall
5-20 constitute a quorum and the concurrence of five Judges shall be
5-21 necessary for a decision. The Court of Criminal Appeals may appoint
5-22 Commissioners in aid of the Court of Criminal Appeals as provided
5-23 by law.
5-24 SECTION 2.05. Section 5, Article V, Texas Constitution, is
5-25 amended to read as follows:
5-26 Sec. 5. (a) The Court of Criminal Appeals shall have final
5-27 appellate jurisdiction coextensive with the limits of the state,
5-28 and its determinations shall be final, in all criminal cases of
5-29 whatever grade, with such exceptions and under such regulations as
5-30 may be provided in this Constitution or as prescribed by law.
5-31 (b) The appeal of all cases in which the death penalty has
5-32 been assessed shall be to the Court of Criminal Appeals. The
5-33 appeal of all other criminal cases shall be to the Courts of Appeal
5-34 as prescribed by law. In addition, the Court of Criminal Appeals
5-35 may, on its own motion, review a decision of a Court of Appeals in
5-36 a criminal case as provided by law. Discretionary review by the
5-37 Court of Criminal Appeals is not a matter of right, but of sound
5-38 judicial discretion.
5-39 (c) Subject to such regulations as may be prescribed by law,
5-40 the Court of Criminal Appeals and the Judges thereof shall have the
5-41 power to issue the writ of habeas corpus, and, in criminal law
5-42 matters, the writs of mandamus, procedendo, prohibition, and
5-43 certiorari. The Court and the Judges thereof shall have the power
5-44 to issue such other writs as may be necessary to protect its
5-45 jurisdiction or enforce its judgments. The court shall have the
5-46 power upon affidavit or otherwise to ascertain such matters of fact
5-47 as may be necessary to the exercise of its jurisdiction.
5-48 [The Court of Criminal Appeals may sit for the transaction of
5-49 business at any time during the year and each term shall begin and
5-50 end with each calendar year. The Court of Criminal Appeals shall
5-51 appoint a clerk of the court who shall give bond in such manner as
5-52 is now or may hereafter be required by law, and who shall hold his
5-53 office for a term of four years unless sooner removed by the court
5-54 for good cause entered of record on the minutes of said court.]
5-55 [The Clerk of the Court of Criminal Appeals who may be in
5-56 office at the time when this Amendment takes effect shall continue
5-57 in office for the term of his appointment.]
5-58 SECTION 2.06. Article V, Texas Constitution, is amended by
5-59 adding Sections 5a and 5b to read as follows:
5-60 Sec. 5a. The Supreme Court, Court of Criminal Appeals, and
5-61 each Court of Appeals shall each appoint a clerk of the court, who
5-62 shall give bond in the manner required by law, may hold office for
5-63 four years subject to removal by the appointing court for good
5-64 cause entered of record on the minutes of the court, and shall
5-65 receive such compensation as the legislature may provide.
5-66 Sec. 5b. The Supreme Court and the Court of Criminal Appeals
5-67 may sit at any time during the year at the seat of government or,
5-68 at the court's discretion, at any other location in this state for
5-69 the transaction of business, and each term of either court shall
6-1 begin and end with each calendar year.
6-2 SECTION 2.07. Section 6, Article V, Texas Constitution, is
6-3 amended to read as follows:
6-4 Sec. 6. (a) The state shall be divided into courts of
6-5 appeals districts, with each district having a Chief Justice, two
6-6 or more other Justices, and such other officials as may be provided
6-7 by law. The Justices shall have the qualifications prescribed for
6-8 Justices of the Supreme Court. The Court of Appeals may sit in
6-9 sections as authorized by law. The concurrence of a majority of
6-10 the judges sitting in a section is necessary to decide a case.
6-11 Said Court of Appeals shall have appellate jurisdiction
6-12 co-extensive with the limits of their respective districts, which
6-13 shall extend to all cases of which the District Courts or County
6-14 Courts have original or appellate jurisdiction, under such
6-15 restrictions and regulations as may be prescribed by law.
6-16 Provided, that the decision of said courts shall be conclusive on
6-17 all questions of fact brought before them on appeal or error. Said
6-18 courts shall have such other jurisdiction, original and appellate,
6-19 as may be prescribed by law.
6-20 (b) Each of said Courts of Appeals shall hold its sessions
6-21 at a place in its district to be designated by the Legislature, and
6-22 at such time as may be prescribed by law. Said Justices shall be
6-23 elected by the qualified voters of their respective districts at a
6-24 general election, for a term of six years and shall receive for
6-25 their services the sum provided by law[. Each Court of Appeals
6-26 shall appoint a clerk in the same manner as the clerk of the
6-27 Supreme Court which clerk shall receive such compensation as may be
6-28 fixed by law].
6-29 (c) All constitutional and statutory references to the
6-30 Courts of Civil Appeals shall be construed to mean the Courts of
6-31 Appeals.
6-32 SECTION 2.08. Section 11, Article V, Texas Constitution, is
6-33 amended to read as follows:
6-34 Sec. 11. No judge shall sit in any case wherein the judge
6-35 [he] may be interested, or where either of the parties may be
6-36 connected with the judge [him], either by affinity or
6-37 consanguinity, within such a degree as may be prescribed by law, or
6-38 when the judge [he] shall have been counsel in the case. When
6-39 the Supreme Court, the Court of Criminal Appeals, the Court of
6-40 [Civil] Appeals, or any member of any of those courts [either,]
6-41 shall be thus disqualified to hear and determine any case or cases
6-42 in said court, the same shall be certified to the Governor of the
6-43 State, who shall immediately commission the requisite number of
6-44 persons learned in the law for the trial and determination of such
6-45 cause or causes. When a judge of the District Court is
6-46 disqualified by any of the causes above stated, the parties may, by
6-47 consent, appoint a proper person to try said case; or upon their
6-48 failing to do so, a competent person may be appointed to try the
6-49 same in the county where it is pending, in such manner as may be
6-50 prescribed by law.
6-51 And the District Judges may exchange districts, or hold
6-52 courts for each other when they may deem it expedient, and shall do
6-53 so when required by law. This disqualification of judges of
6-54 inferior tribunals shall be remedied and vacancies in their offices
6-55 filled as may be prescribed by law.
6-56 SECTION 2.09. Section 13, Article V, Texas Constitution, is
6-57 amended to read as follows:
6-58 Sec. 13. Grand and petit juries in the District Courts shall
6-59 be composed of twelve persons [men]; but nine members of a grand
6-60 jury shall be a quorum to transact business and present bills. In
6-61 trials of civil cases, and in trials of criminal cases below the
6-62 grade of felony in the District Courts, nine members of the jury,
6-63 concurring, may render a verdict, but when the verdict shall be
6-64 rendered by less than the whole number, it shall be signed by every
6-65 member of the jury concurring in it. When, pending the trial of
6-66 any case, one or more jurors not exceeding three, may die, or be
6-67 disabled from sitting, the remainder of the jury shall have the
6-68 power to render the verdict; provided, that the Legislature may
6-69 change or modify the rule authorizing less than the whole number of
7-1 the jury to render a verdict.
7-2 SECTION 2.10. Article V, Texas Constitution, is amended by
7-3 adding Section 14 to read as follows:
7-4 Sec. 14. (a) The legislature shall prescribe by law the
7-5 qualifications of grand jurors and petit jurors.
7-6 (b) The legislature shall enact laws to exclude from serving
7-7 on juries persons who have been convicted of bribery, perjury,
7-8 forgery, or other high crimes.
7-9 SECTION 2.11. Section 17, Article V, Texas Constitution, is
7-10 amended to read as follows:
7-11 Sec. 17. The County Court shall hold terms as provided by
7-12 law. Prosecutions may be commenced in said court by information
7-13 filed by the county attorney, or by affidavit, as may be provided
7-14 by law. Grand juries empaneled in the District Courts shall
7-15 inquire into misdemeanors, and all indictments therefor returned
7-16 into the District Courts shall forthwith be certified to the County
7-17 Courts or other inferior courts, having jurisdiction to try them
7-18 for trial; and if such indictment be quashed in the County, or
7-19 other inferior court, the person charged, shall not be discharged
7-20 if there is probable cause of guilt, but may be held by such court
7-21 or magistrate to answer an information or affidavit. A jury in the
7-22 County Court shall consist of six persons [men]; but no jury shall
7-23 be empaneled to try a civil case unless demanded by one of the
7-24 parties, who shall pay such jury fee therefor, in advance, as may
7-25 be prescribed by law, unless the party [he] makes affidavit that
7-26 the party [he] is unable to pay the jury fee [same].
7-27 SECTION 2.12. Sections 18(e), (f), and (g), Article V, Texas
7-28 Constitution, are amended to read as follows:
7-29 (e) The office of Constable is abolished in Mills County,
7-30 Reagan County, and Roberts County [is abolished]. The powers,
7-31 duties, and records of the office are transferred to the County
7-32 Sheriff.
7-33 (f) [The office of Constable in Reagan County and the office
7-34 of Constable in Roberts County are abolished. The functions of the
7-35 office are transferred to the County Sheriff. However, the office
7-36 of Constable is abolished under this subsection only if, at the
7-37 statewide election at which the constitutional amendment providing
7-38 for the abolition is submitted to the voters, a majority of the
7-39 voters of Reagan County or Roberts County, as applicable, voting on
7-40 the question at that election favor the amendment.]
7-41 [(g)] The Legislature by general law may prescribe the
7-42 qualifications of constables.
7-43 SECTION 2.13. Section 28, Article V, Texas Constitution, is
7-44 amended to read as follows:
7-45 Sec. 28. (a) A vacancy [VACANCIES IN OFFICES OF JUDGES OF
7-46 SUPERIOR COURTS TO BE FILLED BY THE GOVERNOR. Vacancies] in the
7-47 office of Chief Justice, Justice, or Judge [judges] of the Supreme
7-48 Court, the Court of Criminal Appeals, the Court of [Civil] Appeals,
7-49 or [and] the District Courts shall be filled by the Governor until
7-50 the next succeeding General Election for state officers, and at
7-51 that election the voters shall fill the vacancy for the unexpired
7-52 term.
7-53 (b) A vacancy[; and vacancies] in the office of County Judge
7-54 or Justice [and Justices] of the Peace shall be filled by the
7-55 Commissioners Court until the next succeeding General Election.
7-56 SECTION 2.14. Section 29, Article V, Texas Constitution, is
7-57 amended to read as follows:
7-58 Sec. 29. The County Court shall hold at least four terms for
7-59 both civil and criminal business annually, as may be provided by
7-60 the Legislature, or by the Commissioners [Commissioners'] Court of
7-61 the county under authority of law, and such other terms each year
7-62 as may be fixed by the Commissioners [Commissioners'] Court;
7-63 provided, the Commissioners [Commissioners'] Court of any county
7-64 having fixed the times and number of terms of the County Court,
7-65 shall not change the same again until the expiration of one year.
7-66 Said court shall dispose of probate business either in term time or
7-67 vacation, under such regulation as may be prescribed by law.
7-68 [Prosecutions may be commenced in said courts in such manner as is
7-69 or may be provided by law, and a jury therein shall consist of six
8-1 men.] Until otherwise provided, the terms of the County Court
8-2 shall be held on the first Mondays in February, May, August and
8-3 November, and may remain in session three weeks.
8-4 SECTION 2.15. Sections 3a and 27, Article V, Texas
8-5 Constitution, are repealed.
8-6 ARTICLE 3. CHANGES TO ARTICLE VI
8-7 SECTION 3.01. Section 1, Article VI, Texas Constitution, is
8-8 amended to read as follows:
8-9 Sec. 1. (a) The following classes of persons shall not be
8-10 allowed to vote in this State[, to wit]:
8-11 (1) persons [First: Persons] under 18 years of
8-12 age;[.]
8-13 (2) [Second: All] persons who have been determined
8-14 mentally incompetent by a court, subject to such exceptions as the
8-15 Legislature may make; and [.]
8-16 (3) [Third: All] persons convicted of any felony,
8-17 subject to such exceptions as the Legislature may make.
8-18 (b) The legislature shall enact laws to exclude from the
8-19 right of suffrage persons who have been convicted of bribery,
8-20 perjury, forgery, or other high crimes.
8-21 SECTION 3.02. Section 2, Article VI, Texas Constitution, is
8-22 amended to read as follows:
8-23 Sec. 2. (a) Every person subject to none of the [foregoing]
8-24 disqualifications provided by Section 1 of this article or by a law
8-25 enacted under that section who is [shall be] a citizen of the
8-26 United States and who is a resident of this state shall be deemed a
8-27 qualified voter; provided, however, that before offering to vote
8-28 at an election a voter shall have registered, but such requirement
8-29 for registration shall not be considered a qualification of a voter
8-30 within the meaning of the term "qualified voter" as used in any
8-31 other Article of this Constitution in respect to any matter except
8-32 qualification and eligibility to vote at an election.
8-33 (b) The Legislature may authorize absentee voting.
8-34 (c) The privilege of free suffrage shall be protected by
8-35 laws regulating elections and prohibiting under adequate penalties
8-36 all undue influence in elections from power, bribery, tumult, or
8-37 other improper practice.
8-38 ARTICLE 4. CHANGES TO ARTICLE VII
8-39 SECTION 4.01. Section 6, Article VII, Texas Constitution, is
8-40 amended to read as follows:
8-41 Sec. 6. All lands heretofore, or hereafter granted to the
8-42 several counties of this State for educational purposes, are of
8-43 right the property of said counties respectively, to which they
8-44 were granted, and title thereto is vested in said counties, and no
8-45 adverse possession or limitation shall ever be available against
8-46 the title of any county. Each county may sell or dispose of its
8-47 lands in whole or in part, in manner to be provided by the
8-48 Commissioners [Commissioners'] Court of the county. [Actual
8-49 settlers residing on said lands, shall be protected in the prior
8-50 right of purchasing the same to the extent of their settlement, not
8-51 to exceed one hundred and sixty acres, at the price fixed by said
8-52 court, which price shall not include the value of existing
8-53 improvements made thereon by such settlers.] Said lands, and the
8-54 proceeds thereof, when sold, shall be held by said counties alone
8-55 as a trust for the benefit of public schools therein; said
8-56 proceeds to be invested in bonds of the United States, the State of
8-57 Texas, or counties in said State, or in such other securities, and
8-58 under such restrictions as may be prescribed by law; and the
8-59 counties shall be responsible for all investments; the interest
8-60 thereon, and other revenue, except the principal shall be available
8-61 fund.
8-62 SECTION 4.02. Article VII, Texas Constitution, is amended by
8-63 adding Section 9-a to read as follows:
8-64 Sec. 9-a. TEMPORARY PROVISION. (a) All land and other
8-65 property set apart under former Section 9 of this article to
8-66 provide a permanent fund described by former Section 9 and
8-67 constituting such a fund on the date former Section 9 of this
8-68 article is repealed shall be sold by the General Land Office as
8-69 soon as practicable after that date and the proceeds shall be
9-1 deposited to the credit of the general revenue fund to be
9-2 appropriated for the benefit of education.
9-3 (b) All money remaining in the permanent funds established
9-4 under former Section 9 of this article on the date that section is
9-5 repealed shall be transferred on that date to the Texas School for
9-6 the Blind and Visually Impaired and the Texas School for the Deaf,
9-7 in equal shares. All outstanding income accrued to the benefit of
9-8 those permanent funds before that date that are collected after
9-9 that date and before this section expires shall be deposited to the
9-10 credit of the general revenue fund.
9-11 (c) This section expires January 1, 2005.
9-12 SECTION 4.03. Sections 4A and 9, Article VII, Texas
9-13 Constitution, are repealed.
9-14 ARTICLE 5. CHANGES TO ARTICLE VIII
9-15 SECTION 5.01. Section 1-a, Article VIII, Texas Constitution,
9-16 is amended to read as follows:
9-17 Sec. 1-a. [No State ad valorem tax shall be levied upon any
9-18 property within this State.] The several counties of the State are
9-19 authorized to levy ad valorem taxes upon all property within their
9-20 respective boundaries for county purposes, except the first Three
9-21 Thousand Dollars ($3,000) value of residential homesteads of
9-22 married or unmarried adults, [male or female,] including those
9-23 living alone, not to exceed thirty cents (30 ) on each One Hundred
9-24 Dollars ($100) valuation, in addition to all other ad valorem taxes
9-25 authorized by the Constitution of this State, provided the revenue
9-26 derived therefrom shall be used for construction and maintenance of
9-27 Farm to Market Roads or for Flood Control, except as herein
9-28 otherwise provided.
9-29 SECTION 5.02. Section 1-e, Article VIII, Texas Constitution,
9-30 is amended to read as follows:
9-31 Sec. 1-e. [1.] No State ad valorem taxes shall be levied
9-32 upon any property within this State.
9-33 [2. All receipts from previously authorized State ad valorem
9-34 taxes that are collected on or after the effective date of the 1982
9-35 amendment to this section shall be deposited to the credit of the
9-36 general fund of the county collecting the taxes and may be expended
9-37 for county purposes. Receipts from taxes collected before that
9-38 date shall be distributed by the legislature among institutions
9-39 eligible to receive distributions under prior law. Those receipts
9-40 and receipts distributed under prior law may be expended for the
9-41 purposes provided under prior law or for repair and renovation of
9-42 existing permanent improvements.]
9-43 SECTION 5.03. Section 14, Article VIII, Texas Constitution,
9-44 is amended to read as follows:
9-45 Sec. 14. (a) The qualified voters of each county shall elect
9-46 an assessor-collector of taxes for the county, except as otherwise
9-47 provided by this section.
9-48 (b) In any county having a population of less than 10,000
9-49 inhabitants, as determined by the most recent decennial census of
9-50 the United States, the sheriff of the county, in addition to that
9-51 officer's other duties, shall be the assessor-collector of taxes,
9-52 except that the commissioners court of such a county may submit to
9-53 the qualified voters of the county at an election the question of
9-54 electing an assessor-collector of taxes as a county officer
9-55 separate from the office of sheriff. If a majority of the voters
9-56 voting in such an election approve of electing an
9-57 assessor-collector of taxes for the county, then such official
9-58 shall be elected at the next general election for the
9-59 constitutional term of office as is provided for other tax
9-60 assessor-collectors in this state.
9-61 (c) An assessor-collector of taxes [Except as provided in
9-62 Section 16 of this Article, there shall be elected by the qualified
9-63 voters of each county, an Assessor and Collector of Taxes, who]
9-64 shall hold [his] office for four years [and until his successor is
9-65 elected and qualified]; and [such Assessor and Collector of Taxes]
9-66 shall perform all the duties with respect to assessing property for
9-67 the purpose of taxation and of collecting taxes, as may be
9-68 prescribed by the Legislature.
9-69 SECTION 5.04. Sections 16 and 16a, Article VIII, Texas
10-1 Constitution, are repealed.
10-2 ARTICLE 6. CHANGES TO ARTICLE IX
10-3 SECTION 6.01. Section 8, Article XVI, Texas Constitution, is
10-4 redesignated as Section 14, Article IX, Texas Constitution, and
10-5 amended to read as follows:
10-6 Sec. 14 [8]. Each county in the State may provide, in such
10-7 manner as may be prescribed by law, a Manual Labor Poor House and
10-8 Farm, for taking care of, managing, employing and supplying the
10-9 wants of its indigent and poor inhabitants.
10-10 ARTICLE 7. CHANGES TO ARTICLE XI
10-11 SECTION 7.01. Section 7, Article XI, Texas Constitution, is
10-12 amended to read as follows:
10-13 Sec. 7. All counties and cities bordering on the coast of the
10-14 Gulf of Mexico are hereby authorized upon a vote of the majority of
10-15 the qualified voters [resident property taxpayers] voting thereon
10-16 at an election called for such purpose to levy and collect such tax
10-17 for construction of sea walls, breakwaters, or sanitary purposes,
10-18 as may now or may hereafter be authorized by law, and may create a
10-19 debt for such works and issue bonds in evidence thereof. But no
10-20 debt for any purpose shall ever be incurred in any manner by any
10-21 city or county unless provision is made, at the time of creating
10-22 the same, for levying and collecting a sufficient tax to pay the
10-23 interest thereon and provide at least two per cent (2%) as a
10-24 sinking fund; and the condemnation of the right of way for the
10-25 erection of such works shall be fully provided for.
10-26 SECTION 7.02. Section 11, Article XI, Texas Constitution, is
10-27 amended to read as follows:
10-28 Sec. 11. (a) A Home Rule City may provide by charter or
10-29 charter amendment, and a city, town or village operating under the
10-30 general laws may provide by majority vote of the qualified voters
10-31 voting at an election called for that purpose, for a longer term of
10-32 office than two (2) years for its officers, either elective or
10-33 appointive, or both, but not to exceed four (4) years; provided,
10-34 however, that tenure under Civil Service shall not be affected
10-35 hereby; provided [.]
10-36 [Provided], however, that [if any of] such officers, elective
10-37 or appointive, are subject to Section 65(b), Article XVI, of this
10-38 constitution, providing for automatic resignation in certain
10-39 circumstances, in the same manner as a county or district officer
10-40 to which that section applies [shall announce their candidacy, or
10-41 shall in fact become a candidate, in any general, special or
10-42 primary election, for any office of profit or trust under the laws
10-43 of this State or the United States other than the office then held,
10-44 at any time when the unexpired term of the office then held shall
10-45 exceed one (1) year, such announcement or such candidacy shall
10-46 constitute an automatic resignation of the office then held, and
10-47 the vacancy thereby created shall be filled pursuant to law in the
10-48 same manner as other vacancies for such office are filled].
10-49 (b) A municipality so providing a term exceeding two (2)
10-50 years but not exceeding four (4) years for any of its non-civil
10-51 service officers must elect all of the members of its governing
10-52 body by majority vote of the qualified voters in such municipality,
10-53 and any vacancy or vacancies occurring on such governing body shall
10-54 not be filled by appointment but must be filled by majority vote of
10-55 the qualified voters at a special election called for such purpose
10-56 within one hundred and twenty (120) days after such vacancy or
10-57 vacancies occur.
10-58 ARTICLE 8. CHANGES TO ARTICLE XVI
10-59 SECTION 8.01. Section 1, Article XVI, Texas Constitution, is
10-60 amended to read as follows:
10-61 Sec. 1. (a) All [Members of the Legislature, and all other]
10-62 elected and appointed officers, before they enter upon the duties
10-63 of their offices, shall take the following Oath or Affirmation:
10-64 "I, ____________, do solemnly swear (or affirm), that I will
10-65 faithfully execute the duties of the office of ____________ of the
10-66 State of Texas, and will to the best of my ability preserve,
10-67 protect, and defend the Constitution and laws of the United States
10-68 and of this State, so help me God."
10-69 (b) All [Each member of the Legislature and all other]
11-1 elected or appointed officers, before taking the Oath or
11-2 Affirmation of office prescribed by this section and entering upon
11-3 the duties of office, shall subscribe to the following statement:
11-4 "I, ____________, do solemnly swear (or affirm) that I have
11-5 not directly or indirectly paid, offered, promised to pay,
11-6 contributed, or promised to contribute any money or thing of value,
11-7 or promised any public office or employment for the giving or
11-8 withholding of a vote at the election at which I was elected or as
11-9 a reward to secure my appointment or confirmation, whichever the
11-10 case may be, so help me God."
11-11 (c) [The Secretary of State, and all other appointed
11-12 officers, before entering upon the duties of their offices, shall
11-13 take the following Oath or Affirmation:]
11-14 ["I, ____________, do solemnly swear (or affirm), that I will
11-15 faithfully execute the duties of the office of ____________ of the
11-16 State of Texas, and will to the best of my ability preserve,
11-17 protect, and defend the Constitution and laws of the United States
11-18 and of this State, so help me God."]
11-19 [(d) The Secretary of State, and all other appointed
11-20 officers, before taking the Oath or Affirmation of office
11-21 prescribed by this section and entering upon the duties of office,
11-22 shall subscribe to the following statement:]
11-23 ["I, ____________, do solemnly swear (or affirm) that I have
11-24 not directly or indirectly paid, offered, or promised to pay,
11-25 contributed, or promised to contribute any money, or valuable
11-26 thing, or promised any public office or employment, as a reward to
11-27 secure my appointment or confirmation thereof, so help me God."]
11-28 [(e)] Members of the Legislature, the Secretary of State,
11-29 and all other elected and appointed state officers shall file the
11-30 signed statement required by Subsection (b) of this section with
11-31 the Secretary of State before taking the Oath or Affirmation of
11-32 office prescribed by Subsection (a) of this section. All
11-33 [(f) The Secretary of State and all] other [appointed]
11-34 officers shall retain [file] the signed statement required by
11-35 Subsection (b) [(d)] of this section with the official records of
11-36 the office [Secretary of State before taking the Oath or
11-37 Affirmation of office prescribed by Subsection (c) of this
11-38 section].
11-39 SECTION 8.02. Section 2, Article XVI, Texas Constitution, is
11-40 amended to read as follows:
11-41 Sec. 2. Laws shall be made to exclude from office persons who
11-42 have been [, serving on juries, and from the right of suffrage,
11-43 those who may have been or shall hereafter be] convicted of
11-44 bribery, perjury, forgery, or other high crimes. [The privilege of
11-45 free suffrage shall be protected by laws regulating elections and
11-46 prohibiting under adequate penalties all undue influence therein
11-47 from power, bribery, tumult or other improper practice.]
11-48 SECTION 8.03. Section 11, Article XVI, Texas Constitution, is
11-49 amended to read as follows:
11-50 Sec. 11. The Legislature shall have authority to [classify
11-51 loans and lenders, license and regulate lenders,] define interest
11-52 and fix maximum rates of interest; provided, however, in the
11-53 absence of legislation fixing maximum rates of interest all
11-54 contracts for a greater rate of interest than ten per centum (10%)
11-55 per annum shall be deemed usurious; provided, further, that in
11-56 contracts where no rate of interest is agreed upon, the rate shall
11-57 not exceed six per centum (6%) per annum. [Should any regulatory
11-58 agency, acting under the provisions of this Section, cancel or
11-59 refuse to grant any permit under any law passed by the Legislature;
11-60 then such applicant or holder shall have the right of appeal to the
11-61 courts and granted a trial de novo as that term is used in
11-62 appealing from the justice of peace court to the county court.]
11-63 SECTION 8.04. Section 23, Article XVI, Texas Constitution, is
11-64 amended to read as follows:
11-65 Sec. 23. The Legislature may pass laws for the regulation of
11-66 live stock and the protection of stock raisers in the stock raising
11-67 portion of the State, and exempt from the operation of such laws
11-68 other portions, sections, or counties; and shall have power to pass
11-69 general and special laws for the inspection of cattle, stock and
12-1 hides and for the regulation of brands; provided, that any local
12-2 law thus passed shall be submitted to the qualified voters
12-3 [freeholders] of the section to be affected thereby, and approved
12-4 by them, before it shall go into effect.
12-5 SECTION 8.05. Sections 19, 22, 43, 56, and 65A, Article XVI,
12-6 Texas Constitution, are repealed.
12-7 ARTICLE 9. TEMPORARY TRANSITION PROVISION; ELECTION
12-8 SECTION 9.01. The following temporary provision is added to
12-9 the Texas Constitution:
12-10 TEMPORARY TRANSITION PROVISION. (a) This section applies to
12-11 the amendments to this constitution proposed by H.J.R. No. 75, 77th
12-12 Legislature, Regular Session, 2001.
12-13 (b) The reenactment of any provision of this constitution
12-14 for purposes of amendment does not revive a provision that may have
12-15 been impliedly repealed by the adoption of a later amendment.
12-16 (c) The amendment of any provision of this constitution does
12-17 not affect vested rights.
12-18 SECTION 9.02. This proposed constitutional amendment shall be
12-19 submitted to the voters at an election to be held November 6, 2001.
12-20 The ballot shall be printed to permit voting for or against the
12-21 proposition: "The constitutional amendment to eliminate obsolete,
12-22 archaic, redundant, and unnecessary provisions and to clarify,
12-23 update, and harmonize certain provisions of the Texas
12-24 Constitution."
12-25 * * * * *