Art. 7 Sec. 11b
This amendment shall be self-enacting, and shall become effective upon
its adoption, provided, however, that the Legislature shall provide by law for
full disclosure of all details concerning the investments in corporate stocks and
bonds and other investments authorized herein. (Added Nov. 6, 1956; amended
Nov. 5, 1968.)
Sec. 11b. PERMANENT UNIVERSITY FUND; AUTHORIZED
INVESTMENTS. Notwithstanding any other provision of this constitution, in
managing the assets of the permanent university fund, the Board of Regents of
The University of Texas System may acquire, exchange, sell, supervise, manage,
or retain, through procedures and subject to restrictions it establishes and in
amounts it considers appropriate, any kind of investment, including investments
in the Texas growth fund created by Article XVI, Section 70, of this constitution,
that prudent investors, exercising reasonable care, skill, and caution, would
acquire or retain in light of the purposes, terms, distribution requirements, and
other circumstances of the fund then prevailing, taking into consideration the
investment of all the assets of the fund rather than a single investment. (Added
Nov. 8, 1988; amended Nov. 7, 1995, and Nov. 2, 1999.)
Sec. 12. SALE OF LANDS. The land herein set apart to the University fund
shall be sold under such regulations, at such times, and on such terms as may be
provided by law; and the Legislature shall provide for the prompt collection, at
maturity, of all debts due on account of University lands, heretofore sold, or that
may hereafter be sold, and shall in neither event have the power to grant relief
to the purchasers.
Sec. 13. AGRICULTURAL AND MECHANICAL COLLEGE. The
Agricultural and Mechanical College of Texas, established by an Act of the
Legislature passed April 17th, 1871, located in the county of Brazos, is hereby
made, and constituted a Branch of the University of Texas, for instruction in
Agriculture, the Mechanic Arts, and the Natural Sciences connected therewith.
And the Legislature shall at its next session, make an appropriation, not to exceed
forty thousand dollars, for the construction and completion of the buildings and
improvements, and for providing the furniture necessary to put said College in
immediate and successful operation.
Sec. 14. PRAIRIE VIEW A&M UNIVERSITY. Prairie View A&M
University in Waller County is an institution of the fi rst class under the direction
of the same governing board as Texas A&M University referred to in Article VII,
Section 13, of this constitution as the Agricultural and Mechanical College of
Texas. (Amended Nov. 6, 1984.)
Sec. 15. GRANT OF ADDITIONAL LANDS TO UNIVERSITY. In
addition to the lands heretofore granted to the University of Texas, there is hereby
set apart, and appropriated, for the endowment maintenance, and support of
said University and its branches, one million acres of the unappropriated public
domain of the State, to be designated, and surveyed as may be provided by law;
and said lands shall be sold under the same regulations, and the proceeds invested
in the same manner, as is provided for the sale and investment of the permanent
University fund; and the Legislature shall not have power to grant any relief to
the purchasers of said lands.
102
Art. 7 Sec. 16
Sec. 16. COUNTY TAXATION OF UNIVERSITY LANDS. All land
mentioned in Sections 11, 12, and 15 of Article VII, of the Constitution of the
State of Texas, now belonging to the University of Texas shall be subject to the
taxation for county purposes to the same extent as lands privately owned; provided
they shall be rendered for taxation upon values fi xed by the State Tax Board; and
providing that the State shall remit annually to each of the counties in which said
lands are located an amount equal to the tax imposed upon said land for county
purposes. (Added Nov. 4, 1930.)
Sec. 16-a. TERMS OF OFFICE. The Legislature shall fi x by law the terms
of all offi ces of the public school system and of the State institutions of higher
education, inclusive, and the terms of members of the respective boards, not to
exceed six years. (Added Nov. 6, 1928; amended Nov. 4, 1997.)
Sec. 17. COLLEGES AND UNIVERSITIES; APPROPRIATIONS AND
FUNDING. (a) In the fi scal year beginning September 1, 1985, and each fi scal
year thereafter, there is hereby appropriated out of the fi rst money coming into
the state treasury not otherwise appropriated by the constitution $100 million to
be used by eligible agencies and institutions of higher education for the purpose
of acquiring land either with or without permanent improvements, constructing
and equipping buildings or other permanent improvements, major repair or
rehabilitation of buildings or other permanent improvements, acquisition of
capital equipment, library books and library materials, and paying for acquiring,
constructing, or equipping or for major repair or rehabilitation of buildings,
facilities, other permanent improvements, or capital equipment used jointly for
educational and general activities and for auxiliary enterprises to the extent of
their use for educational and general activities. For the fi ve-year period that begins
on September 1, 2000, and for each fi ve-year period that begins after that period,
the legislature, during a regular session that is nearest, but preceding, a fi ve-year
period, may by two-thirds vote of the membership of each house increase the
amount of the constitutional appropriation for the fi ve-year period but may not
adjust the appropriation in such a way as to impair any obligation created by the
issuance of bonds or notes in accordance with this section.
(b) The funds appropriated under Subsection (a) of this section shall be for
the use of the following eligible agencies and institutions of higher education
(even though their names may be changed):
(1) East Texas State University including East Texas State University at
Texarkana;
(2) Lamar University including Lamar University at Orange and Lamar
University at Port Arthur;
(3) Midwestern State University;
(4) University of North Texas;
(5) The University of Texas—Pan American including The University of
Texas at Brownsville;
(6) Stephen F. Austin State University;
(7) Texas College of Osteopathic Medicine;
103
Art. 7 Sec. 17
(8) Texas State University System Administration and the following
component institutions:
(9) Sam Houston State University;
(10) Southwest Texas State University;
(11) Sul Ross State University including Uvalde Study Center;
(12) Texas Southern University;
(13) Texas Tech University;
(14) Texas Tech University Health Sciences Center;
(15) Angelo State University;
(16) Texas Woman’s University;
(17) University of Houston System Administration and the following
component institutions:
(18) University of Houston;
(19) University of Houston—Victoria;
(20) University of Houston—Clear Lake;
(21) University of Houston—Downtown;
(22) Texas A&M University—Corpus Christi;
(23) Texas A&M International University;
(24) Texas A&M University—Kingsville;
(25) West Texas A&M University; and
(26) Texas State Technical College System and its campuses, but not its
extension centers or programs.
(c) Pursuant to a two-thirds vote of the membership of each house of the
legislature, institutions of higher education may be created at a later date by
general law, and, when created, such an institution shall be entitled to participate in
the funding provided by this section if it is not created as a part of The University
of Texas System or The Texas A&M University System. An institution that is
entitled to participate in dedicated funding provided by Article VII, Section 18,
of this constitution may not be entitled to participate in the funding provided by
this section.
(d) In the year 1985 and every 10 years thereafter, the legislature or an
agency designated by the legislature no later than August 31 of such year shall
allocate by equitable formula the annual appropriations made under Subsection
(a) of this section to the governing boards of eligible agencies and institutions
of higher education. The legislature shall review, or provide for a review, of the
allocation formula at the end of the fi fth year of each 10-year allocation period.
At that time adjustments may be made in the allocation formula, but no adjustment
that will prevent the payment of outstanding bonds and notes, both principal and
interest, may be made.
104
Art. 7 Sec. 17
(d-1) Notwithstanding Subsection (d) of this section, the allocation of the
annual appropriation to Texas State Technical College System and its campuses
may not exceed 2.2 percent of the total appropriation each fi scal year.
(e) Each governing board authorized to participate in the distribution of
money under this section is authorized to expend all money distributed to it for
any of the purposes enumerated in Subsection (a). In addition, such governing
board may issue bonds and notes for the purposes of refunding bonds or notes
issued under this section or prior law, acquiring land either with or without
permanent improvements, constructing and equipping buildings or other
permanent improvements, acquiring capital equipment, library books, and library
materials, paying for acquiring, constructing, or equipping or for major repair or
rehabilitation of buildings, facilities, other permanent improvements, or capital
equipment used jointly for educational and general activities and for auxiliary
enterprises to the extent of their use for educational and general activities, and
for major repair and rehabilitation of buildings or other permanent improvements,
and may pledge up to 50 percent of the money allocated to such governing board
pursuant to this section to secure the payment of the principal and interest of such
bonds or notes. Proceeds from the issuance of bonds or notes under this subsection
shall be maintained in a local depository selected by the governing board issuing
the bonds or notes. The bonds and notes issued under this subsection shall be
payable solely out of the money appropriated by this section and shall mature
serially or otherwise in not more than 10 years from their respective dates. All
bonds issued under this section shall be sold only through competitive bidding and
are subject to approval by the attorney general. Bonds approved by the attorney
general shall be incontestable. The permanent university fund may be invested
in the bonds and notes issued under this section.
(f) The funds appropriated by this section may not be used for the purpose of
constructing, equipping, repairing, or rehabilitating buildings or other permanent
improvements that are to be used only for student housing, intercollegiate
athletics, or auxiliary enterprises.
(g) The comptroller of public accounts shall make annual transfers of the
funds allocated pursuant to Subsection (d) directly to the governing boards of
the eligible institutions.
(h) To assure effi cient use of construction funds and the orderly development
of physical plants to accommodate the state’s real need, the legislature may
provide for the approval or disapproval of all new construction projects at the
eligible agencies and institutions entitled to participate in the funding provided
by this section.
(i) The legislature by general law may dedicate portions of the state’s
revenues to the creation of a dedicated fund (“the higher education fund”) for
the purposes expressed in Subsection (a) of this section. The legislature shall
provide for administration of the fund, which shall be invested in the manner
provided for investment of the permanent university fund. The income from the
investment of the higher education fund shall be credited to the higher education
fund until such time as the fund totals $2 billion. The principal of the higher
105
Art. 7 Sec. 17
education fund shall never be expended. At the beginning of the fi scal year after
the fund reaches $2 billion, as certifi ed by the comptroller of public accounts,
the dedication of general revenue funds provided for in Subsection (a) of this
section shall cease. At the beginning of the fi scal year after the fund reaches $2
billion, and each year thereafter, 10 percent of the interest, dividends, and other
income accruing from the investments of the higher education fund during the
previous fi scal year shall be deposited and become part of the principal of the
fund, and out of the remainder of the annual income from the investment of the
principal of the fund there shall be appropriated an annual sum suffi cient to pay
the principal and interest due on the bonds and notes issued under this section
and the balance of the income shall be allocated, distributed, and expended as
provided for the appropriations made under Subsection (a).
(j) The state systems and institutions of higher education designated in this
section may not receive any additional funds from the general revenue of the state
for acquiring land with or without permanent improvements, for constructing or
equipping buildings or other permanent improvements, or for major repair and
rehabilitation of buildings or other permanent improvements except that:
(1) in the case of fi re or natural disaster the legislature may appropriate
from the general revenue an amount suffi cient to replace the uninsured loss of
any building or other permanent improvement; and
(2) the legislature, by two-thirds vote of each house, may, in cases of
demonstrated need, which need must be clearly expressed in the body of the act,
appropriate additional general revenue funds for acquiring land with or without
permanent improvements, for constructing or equipping buildings or other
permanent improvements, or for major repair and rehabilitation of buildings or
other permanent improvements.
This subsection does not apply to legislative appropriations made prior to
the adoption of this amendment.
(k) Without the prior approval of the legislature, appropriations under this
section may not be expended for acquiring land with or without permanent
improvements, or for constructing and equipping buildings or other permanent
improvements, for a branch campus or educational center that is not a separate
degree-granting institution created by general law.
(l) This section is self-enacting upon the issuance of the governor’s
proclamation declaring the adoption of the amendment, and the state comptroller
of public accounts shall do all things necessary to effectuate this section. This
section does not impair any obligation created by the issuance of any bonds and
notes in accordance with prior law, and all outstanding bonds and notes shall be
paid in full, both principal and interest, in accordance with their terms. If the
provisions of this section confl ict with any other provisions of this constitution,
then the provisions of this section shall prevail, notwithstanding all such
confl icting provisions. (Added Nov. 6, 1984; Subsecs. (a), (b), (e), (f), and
(g) amended and (d-1) added Nov. 2, 1993; Subsec. (l) amended Nov. 7, 1995;
Subsec. (b) amended Nov. 6, 2007.)
106
Art. 7 Sec. 18
Sec. 18. TEXAS A&M UNIVERSITY SYSTEM; UNIVERSITY OF
TEXAS SYSTEM; BONDS OR NOTES PAYABLE FROM INCOME OF
AVAILABLE UNIVERSITY FUND. (a) The Board of Regents of The Texas
A&M University System may issue bonds and notes not to exceed a total amount
of 10 percent of the cost value of the investments and other assets of the permanent
university fund (exclusive of real estate) at the time of the issuance thereof, and
may pledge all or any part of its one-third interest in the available university fund
to secure the payment of the principal and interest of those bonds and notes, for
the purpose of acquiring land either with or without permanent improvements,
constructing and equipping buildings or other permanent improvements, major
repair and rehabilitation of buildings and other permanent improvements,
acquiring capital equipment and library books and library materials, and refunding
bonds or notes issued under this Section or prior law, at or for The Texas A&M
University System administration and the following component institutions of
the system:
(1) Texas A&M University, including its medical college which the legislature
may authorize as a separate medical institution;
(2) Prairie View A&M University, including its nursing school in
Houston;
(3) Tarleton State University;
(4) Texas A&M University at Galveston;
(5) Texas Forest Service;
(6) Texas Agricultural Experiment Stations;
(7) Texas Agricultural Extension Service;
(8) Texas Engineering Experiment Stations;
(9) Texas Transportation Institute; and
(10) Texas Engineering Extension Service.
(b) The Board of Regents of The University of Texas System may issue
bonds and notes not to exceed a total amount of 20 percent of the cost value
of investments and other assets of the permanent university fund (exclusive of
real estate) at the time of issuance thereof, and may pledge all or any part of its
two-thirds interest in the available university fund to secure the payment of the
principal and interest of those bonds and notes, for the purpose of acquiring land
either with or without permanent improvements, constructing and equipping
buildings or other permanent improvements, major repair and rehabilitation of
buildings and other permanent improvements, acquiring capital equipment and
library books and library materials, and refunding bonds or notes issued under
this section or prior law, at or for The University of Texas System administration
and the following component institutions of the system:
(1) The University of Texas at Arlington;
(2) The University of Texas at Austin;
(3) The University of Texas at Dallas;
107
Art. 7 Sec. 18
(4) The University of Texas at El Paso;
(5) The University of Texas of the Permian Basin;
(6) The University of Texas at San Antonio;
(7) The University of Texas at Tyler;
(8) The University of Texas Health Science Center at Dallas;
(9) The University of Texas Medical Branch at Galveston;
(10) The University of Texas Health Science Center at Houston;
(11) The University of Texas Health Science Center at San Antonio;
(12) The University of Texas System Cancer Center;
(13) The University of Texas Health Center at Tyler; and
(14) The University of Texas Institute of Texan Cultures at San Antonio.
(c) Pursuant to a two-thirds vote of the membership of each house of the
legislature, institutions of higher education may be created at a later date as a
part of The University of Texas System or The Texas A&M University System by
general law, and, when created, such an institution shall be entitled to participate
in the funding provided by this section for the system in which it is created. An
institution that is entitled to participate in dedicated funding provided by Article
VII, Section 17, of this constitution may not be entitled to participate in the
funding provided by this section.
(d) The proceeds of the bonds or notes issued under Subsection (a) or (b) of
this section may not be used for the purpose of constructing, equipping, repairing,
or rehabilitating buildings or other permanent improvements that are to be used
for student housing, intercollegiate athletics, or auxiliary enterprises.
(e) The available university fund consists of the distributions made to it from
the total return on all investment assets of the permanent university fund, including
the net income attributable to the surface of permanent university fund land. The
amount of any distributions to the available university fund shall be determined
by the board of regents of The University of Texas System in a manner intended
to provide the available university fund with a stable and predictable stream of
annual distributions and to maintain over time the purchasing power of permanent
university fund investments and annual distributions to the available university
fund. The amount distributed to the available university fund in a fi scal year must
be not less than the amount needed to pay the principal and interest due and owing
in that fi scal year on bonds and notes issued under this section. If the purchasing
power of permanent university fund investments for any rolling 10-year period
is not preserved, the board may not increase annual distributions to the available
university fund until the purchasing power of the permanent university fund
investments is restored, except as necessary to pay the principal and interest due
and owing on bonds and notes issued under this section. An annual distribution
made by the board to the available university fund during any fi scal year may not
exceed an amount equal to seven percent of the average net fair market value of
permanent university fund investment assets as determined by the board, except
as necessary to pay any principal and interest due and owing on bonds issued
108
Art. 7 Sec. 18
under this section. The expenses of managing permanent university fund land
and investments shall be paid by the permanent university fund.
(f) Out of one-third of the annual distribution from the permanent university
fund to the available university fund, there shall be appropriated an annual sum
suffi cient to pay the principal and interest due on the bonds and notes issued by
the Board of Regents of The Texas A&M University System under this section
and prior law, and the remainder of that one-third of the annual distribution to
the available university fund shall be appropriated to the Board of Regents of The
Texas A&M University System which shall have the authority and duty in turn
to appropriate an equitable portion of the same for the support and maintenance
of The Texas A&M University System administration, Texas A&M University,
and Prairie View A&M University. The Board of Regents of The Texas A&M
University System, in making just and equitable appropriations to Texas A&M
University and Prairie View A&M University, shall exercise its discretion with
due regard to such criteria as the board may deem appropriate from year to
year. Out of the other two-thirds of the annual distribution from the permanent
university fund to the available university fund there shall be appropriated an
annual sum suffi cient to pay the principal and interest due on the bonds and
notes issued by the Board of Regents of The University of Texas System under
this section and prior law, and the remainder of such two-thirds of the annual
distribution to the available university fund, shall be appropriated for the support
and maintenance of The University of Texas at Austin and The University of
Texas System administration.
(f) (Expired Nov. 6, 1994.)
(g) The bonds and notes issued under this section shall be payable solely out
of the available university fund, mature serially or otherwise in not more than 30
years from their respective dates, and, except for refunding bonds, be sold only
through competitive bidding. All of these bonds and notes are subject to approval
by the attorney general and when so approved are incontestable. The permanent
university fund may be invested in these bonds and notes.
(h) To assure effi cient use of construction funds and the orderly development
of physical plants to accommodate the state’s real need, the legislature may
provide for the approval or disapproval of all new construction projects at the
eligible agencies and institutions entitled to participate in the funding provided
by this section except The University of Texas at Austin, Texas A&M University
in College Station, and Prairie View A&M University.
(i) The state systems and institutions of higher education designated in
this section may not receive any funds from the general revenue of the state for
acquiring land with or without permanent improvements, for constructing or
equipping buildings or other permanent improvements, or for major repair and
rehabilitation of buildings or other permanent improvements except that:
(1) in the case of fi re or natural disaster the legislature may appropriate
from the general revenue an amount suffi cient to replace the uninsured loss of
any building or other permanent improvement; and
109
Art. 7 Sec. 19
(2) the legislature, by two-thirds vote of each house, may, in cases of
demonstrated need, which need must be clearly expressed in the body of the act,
appropriate general revenue funds for acquiring land with or without permanent
improvements, for constructing or equipping buildings or other permanent
improvements, or for major repair and rehabilitation of buildings or other
permanent improvements.
This subsection does not apply to legislative appropriations made prior to
the adoption of this amendment.
(j) This section is self-enacting on the issuance of the governor’s proclamation
declaring the adoption of this amendment, and the state comptroller of public
accounts shall do all things necessary to effectuate this section. This section
does not impair any obligation created by the issuance of bonds or notes in
accordance with prior law, and all outstanding bonds and notes shall be paid in
full, both principal and interest, in accordance with their terms, and the changes
herein made in the allocation of the available university fund shall not affect
the pledges thereof made in connection with such bonds or notes heretofore
issued. If the provisions of this section confl ict with any other provision of this
constitution, then the provisions of this section shall prevail, notwithstanding
any such confl icting provisions. (Added Aug. 23, 1947; amended Nov. 6, 1956,
Nov. 8, 1966, and Nov. 6, 1984; Subsec. (j) amended Nov. 7, 1995; Subsec. (e)
amended and Subsec. (f) added Nov. 2, 1999.) (TEMPORARY PROVISION
for Sec. 18: See Appendix, Note 2.)
Sec. 19. TEXAS TOMORROW FUND. (a) The Texas tomorrow fund
is created as a trust fund dedicated to the prepayment of tuition and fees for
higher education as provided by the general laws of this state for the prepaid
higher education tuition program. The assets of the fund are held in trust for the
benefi t of participants and benefi ciaries and may not be diverted. The state shall
hold the assets of the fund for the exclusive purposes of providing benefi ts to
participants and benefi ciaries and defraying reasonable expenses of administering
the program.
(b) Financing of benefi ts must be based on sound actuarial principles. The
amount contributed by a person participating in the prepaid higher education
program shall be as provided by the general laws of this state, but may not be
less than the amount anticipated for tuition and required fees based on sound
actuarial principles. If in any fi scal year there is not enough money in the Texas
tomorrow fund to pay the tuition and required fees of an institution of higher
education in which a benefi ciary enrolls or the appropriate portion of the tuition
and required fees of a private or independent institution of higher education in
which a benefi ciary enrolls as provided by a prepaid tuition contract, there is
appropriated out of the fi rst money coming into the state treasury in each fi scal
year not otherwise appropriated by the constitution the amount that is suffi cient
to pay the applicable amount of tuition and required fees of the institution.
(c) Assets of the fund may be invested by an entity designated by general
law in securities considered prudent investments. Investments shall be made
in the exercise of judgment and care under the circumstances that a person of
110
Art. 7 Sec. 19
ordinary prudence, discretion, and intelligence exercises in the management
of the person’s affairs, not for speculation, but for the permanent disposition
of funds, considering the probable income from the disposition as well as the
probable safety of capital.
(d) The state comptroller of public accounts shall take the actions necessary
to implement this section.
(e) To the extent this section confl icts with any other provision of this
constitution, this section controls. (Added Nov. 4, 1997.)
111
Art. 8 Sec. 1
ARTICLE 8
TAXATION AND REVENUE
Sec. 1. EQUALITY AND UNIFORMITY; TAX IN PROPORTION
TO VALUE; INCOME TAX; EXEMPTION OF CERTAIN TANGIBLE
PERSONAL PROPERTY FROM AD VALOREM TAXATION. (a) Taxation
shall be equal and uniform.
(b) All real property and tangible personal property in this State, unless
exempt as required or permitted by this Constitution, whether owned by natural
persons or corporations, other than municipal, shall be taxed in proportion to its
value, which shall be ascertained as may be provided by law.
(c) The Legislature may provide for the taxation of intangible property
and may also impose occupation taxes, both upon natural persons and upon
corporations, other than municipal, doing any business in this State. Subject to
the restrictions of Section 24 of this article, it may also tax incomes of both natural
persons and corporations other than municipal. Persons engaged in mechanical
and agricultural pursuits shall never be required to pay an occupation tax.
(d) The Legislature by general law shall exempt from ad valorem taxation
household goods not held or used for the production of income and personal
effects not held or used for the production of income. The Legislature by general
law may exempt from ad valorem taxation:
(1) all or part of the personal property homestead of a family or single adult,
“personal property homestead” meaning that personal property exempt by law
from forced sale for debt;
(2) subject to Subsections (e) and (g) of this section, all other tangible
personal property, except structures which are substantially affi xed to real estate
and are used or occupied as residential dwellings and except property held or
used for the production of income;
(3) subject to Subsection (e) of this section, a leased motor vehicle that is
not held primarily for the production of income by the lessee and that otherwise
qualifi es under general law for exemption; and
(4) one motor vehicle, as defi ned by general law, owned by an individual
that is used in the course of the individual’s occupation or profession and is also
used for personal activities of the owner that do not involve the production of
income.
(e) The governing body of a political subdivision may provide for the
taxation of all property exempt under a law adopted under Subdivision (2) or
(3) of Subsection (d) of this section and not exempt from ad valorem taxation
by any other law. The Legislature by general law may provide limitations to
the application of this subsection to the taxation of vehicles exempted under the
authority of Subdivision (3) of Subsection (d) of this section.
(f) The occupation tax levied by any county, city or town for any year on persons
or corporations pursuing any profession or business, shall not exceed one half of the
tax levied by the State for the same period on such profession or business.
112
Art. 8 Sec. 1-a
(g) The Legislature may exempt from ad valorem taxation tangible personal
property that is held or used for the production of income and has a taxable
value of less than the minimum amount suffi cient to recover the costs of the
administration of the taxes on the property, as determined by or under the general
law granting the exemption.
(h) The Legislature may exempt from ad valorem taxation a mineral interest
that has a taxable value of less than the minimum amount suffi cient to recover
the costs of the administration of the taxes on the interest, as determined by or
under the general law granting the exemption.
(i) Notwithstanding Subsections (a) and (b) of this section, the Legislature
by general law may limit the maximum appraised value of a residence homestead
for ad valorem tax purposes in a tax year to the lesser of the most recent market
value of the residence homestead as determined by the appraisal entity or 110
percent, or a greater percentage, of the appraised value of the residence homestead
for the preceding tax year. A limitation on appraised values authorized by this
subsection:
(1) takes effect as to a residence homestead on the later of the effective date
of the law imposing the limitation or January 1 of the tax year following the fi rst
tax year the owner qualifi es the property for an exemption under Section 1-b of
this article; and
(2) expires on January 1 of the fi rst tax year that neither the owner of the
property when the limitation took effect nor the owner’s spouse or surviving
spouse qualifi es for an exemption under Section 1-b of this article.
(i-1) Temporary Provision. (a) This temporary provision applies to the
constitutional amendment proposed by the 78th Legislature, Regular Session,
2003, authorizing the legislature to exempt from ad valorem taxation a travel
trailer not held or used for the production of income and expires January 1,
2005.
(b) The amendment to Section 1(d), Article VIII of this constitution, takes
effect January 1, 2004, and applies only to a tax year that begins on or after
January 1, 2002. The repeal of Section 1(j), Article VIII of this constitution,
takes effect January 1, 2004.
(j) (Repealed Sept. 13, 2003.)
(j-1) (Added Nov. 6, 2001; expired Jan. 1, 2004.) (Amended Nov. 7, 1978,
and Nov. 3, 1987; Subsecs. (b) and (f) amended Nov. 7, 1989; Subsec. (e) amended
Aug. 10, 1991; Subsec. (c) amended Nov. 2, 1993; Subsec. (d) amended and (g)
and (h) added Nov. 7, 1995; Subsec. (i) added Nov. 4, 1997; Subsecs. (d) and (e)
amended Nov. 2, 1999; Subsec. (d) amended and (j) and (j-1) added Nov. 6, 2001;
Subsec. (d) amended, (i-1) added, and (j) repealed Sept. 13, 2003; Subsecs. (d)
and (i) amended Nov. 6, 2007.) (TEMPORARY TRANSITION PROVISION
for Sec. 1: See Appendix, Note 6.)
Sec. 1-a. NO STATE AD VALOREM TAX LEVY; COUNTY LEVY
FOR ROADS AND FLOOD CONTROL; TAX DONATIONS. The several
counties of the State are authorized to levy ad valorem taxes upon all property
113
Art. 8 Sec. 1-b
within their respective boundaries for county purposes, except the fi rst Three
Thousand Dollars ($3,000) value of residential homesteads of married or
unmarried adults, including those living alone, not to exceed thirty cents (30¢) on
each One Hundred Dollars ($100) valuation, in addition to all other ad valorem
taxes authorized by the Constitution of this State, provided the revenue derived
therefrom shall be used for construction and maintenance of Farm to Market
Roads or for Flood Control, except as herein otherwise provided. (Added Nov.
8, 1932; amended Aug. 26, 1933, Nov. 2, 1948, Nov. 6, 1973, Nov. 2, 1999, and
Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISIONS for Sec. 1-a: See
Appendix, Notes 1 and 3.)
Sec. 1-b. RESIDENCE HOMESTEAD EXEMPTION. (a) Three
Thousand Dollars ($3,000) of the assessed taxable value of all residence
homesteads of married or unmarried adults, male or female, including those living
alone, shall be exempt from all taxation for all State purposes.
(b) The governing body of any county, city, town, school district, or other
political subdivision of the State may exempt by its own action not less than
Three Thousand Dollars ($3,000) of the market value of residence homesteads
of persons, married or unmarried, including those living alone, who are under a
disability for purposes of payment of disability insurance benefi ts under Federal
Old-Age, Survivors, and Disability Insurance or its successor or of married or
unmarried persons sixty-fi ve (65) years of age or older, including those living
alone, from all ad valorem taxes thereafter levied by the political subdivision. As
an alternative, upon receipt of a petition signed by twenty percent (20%) of the
voters who voted in the last preceding election held by the political subdivision,
the governing body of the subdivision shall call an election to determine by
majority vote whether an amount not less than Three Thousand Dollars ($3,000)
as provided in the petition, of the market value of residence homesteads of
disabled persons or of persons sixty-fi ve (65) years of age or over shall be exempt
from ad valorem taxes thereafter levied by the political subdivision. An eligible
disabled person who is sixty-fi ve (65) years of age or older may not receive
both exemptions from the same political subdivision in the same year but may
choose either if the subdivision has adopted both. Where any ad valorem tax
has theretofore been pledged for the payment of any debt, the taxing offi cers of
the political subdivision shall have authority to continue to levy and collect the
tax against the homestead property at the same rate as the tax so pledged until
the debt is discharged, if the cessation of the levy would impair the obligation
of the contract by which the debt was created.
(c) Fifteen Thousand Dollars ($15,000) of the market value of the residence
homestead of a married or unmarried adult, including one living alone, is exempt
from ad valorem taxation for general elementary and secondary public school
purposes. The legislature by general law may provide that all or part of the
exemption does not apply to a district or political subdivision that imposes ad
valorem taxes for public education purposes but is not the principal school district
providing general elementary and secondary public education throughout its
territory. In addition to this exemption, the legislature by general law may exempt
an amount not to exceed Ten Thousand Dollars ($10,000) of the market value
of the residence homestead of a person who is disabled as defi ned in Subsection
114
Art. 8 Sec. 1-b
(b) of this section and of a person sixty-fi ve (65) years of age or older from ad
valorem taxation for general elementary and secondary public school purposes.
The legislature by general law may base the amount of and condition eligibility for
the additional exemption authorized by this subsection for disabled persons and
for persons sixty-fi ve (65) years of age or older on economic need. An eligible
disabled person who is sixty-fi ve (65) years of age or older may not receive both
exemptions from a school district but may choose either. An eligible person is
entitled to receive both the exemption required by this subsection for all residence
homesteads and any exemption adopted pursuant to Subsection (b) of this section,
but the legislature shall provide by general law whether an eligible disabled or
elderly person may receive both the additional exemption for the elderly and
disabled authorized by this subsection and any exemption for the elderly or
disabled adopted pursuant to Subsection (b) of this section. Where ad valorem
tax has previously been pledged for the payment of debt, the taxing offi cers of
a school district may continue to levy and collect the tax against the value of
homesteads exempted under this subsection until the debt is discharged if the
cessation of the levy would impair the obligation of the contract by which the debt
was created. The legislature shall provide for formulas to protect school districts
against all or part of the revenue loss incurred by the implementation of Article
VIII, Sections 1-b(c), 1-b(d), and 1-d-1, of this constitution. The legislature by
general law may defi ne residence homestead for purposes of this section.
(d) Except as otherwise provided by this subsection, if a person receives a
residence homestead exemption prescribed by Subsection (c) of this section for
homesteads of persons who are sixty-fi ve (65) years of age or older or who are
disabled, the total amount of ad valorem taxes imposed on that homestead for
general elementary and secondary public school purposes may not be increased
while it remains the residence homestead of that person or that person’s spouse
who receives the exemption. If a person sixty-fi ve (65) years of age or older
dies in a year in which the person received the exemption, the total amount of ad
valorem taxes imposed on the homestead for general elementary and secondary
public school purposes may not be increased while it remains the residence
homestead of that person’s surviving spouse if the spouse is fi fty-fi ve (55) years of
age or older at the time of the person’s death, subject to any exceptions provided
by general law. The legislature, by general law, may provide for the transfer of all
or a proportionate amount of a limitation provided by this subsection for a person
who qualifi es for the limitation and establishes a different residence homestead.
However, taxes otherwise limited by this subsection may be increased to the extent
the value of the homestead is increased by improvements other than repairs or
improvements made to comply with governmental requirements and except as
may be consistent with the transfer of a limitation under this subsection. For a
residence homestead subject to the limitation provided by this subsection in the
1996 tax year or an earlier tax year, the legislature shall provide for a reduction in
the amount of the limitation for the 1997 tax year and subsequent tax years in an
amount equal to $10,000 multiplied by the 1997 tax rate for general elementary
and secondary public school purposes applicable to the residence homestead.
(d-1) Notwithstanding Subsection (d) of this section, the legislature by
general law may provide for the reduction of the amount of a limitation provided
115
Art. 8 Sec. 1-b
by that subsection and applicable to a residence homestead for the 2007 tax year to
refl ect any reduction from the 2006 tax year in the tax rate for general elementary
and secondary public school purposes applicable to the homestead. A general
law enacted under this subsection may also take into account any reduction in
the tax rate for those purposes from the 2005 tax year to the 2006 tax year if
the homestead was subject to the limitation in the 2006 tax year. A general law
enacted under this subsection may provide that, except as otherwise provided
by Subsection (d) of this section, a limitation provided by that subsection that is
reduced under the general law continues to apply to the residence homestead in
subsequent tax years until the limitation expires.
(e) The governing body of a political subdivision, other than a county
education district, may exempt from ad valorem taxation a percentage of the
market value of the residence homestead of a married or unmarried adult,
including one living alone. In the manner provided by law, the voters of a county
education district at an election held for that purpose may exempt from ad valorem
taxation a percentage of the market value of the residence homestead of a married
or unmarried adult, including one living alone. The percentage may not exceed
twenty percent. However, the amount of an exemption authorized pursuant to
this subsection may not be less than Five Thousand Dollars ($5,000) unless the
legislature by general law prescribes other monetary restrictions on the amount of
the exemption. An eligible adult is entitled to receive other applicable exemptions
provided by law. Where ad valorem tax has previously been pledged for the
payment of debt, the governing body of a political subdivision may continue to
levy and collect the tax against the value of the homesteads exempted under this
subsection until the debt is discharged if the cessation of the levy would impair
the obligation of the contract by which the debt was created. The legislature
by general law may prescribe procedures for the administration of residence
homestead exemptions.
(e-1) (Added Nov. 3, 1981; expired Jan. 2, 1982.)
(f) The surviving spouse of a person who received an exemption under
Subsection (b) of this section for the residence homestead of a person sixty-fi ve
(65) years of age or older is entitled to an exemption for the same property
from the same political subdivision in an amount equal to that of the exemption
received by the deceased spouse if the deceased spouse died in a year in which
the deceased spouse received the exemption, the surviving spouse was fi fty-fi ve
(55) years of age or older when the deceased spouse died, and the property was
the residence homestead of the surviving spouse when the deceased spouse died
and remains the residence homestead of the surviving spouse. A person who
receives an exemption under Subsection (b) of this section is not entitled to an
exemption under this subsection. The legislature by general law may prescribe
procedures for the administration of this subsection.
(g) If the legislature provides for the transfer of all or a proportionate amount
of a tax limitation provided by Subsection (d) of this section for a person who
qualifi es for the limitation and subsequently establishes a different residence
homestead, the legislature by general law may authorize the governing body of
a school district to elect to apply the law providing for the transfer of the tax
116
Art. 8 Sec. 1-b
limitation to a change of a person’s residence homestead that occurred before that
law took effect, subject to any restrictions provided by general law. The transfer
of the limitation may apply only to taxes imposed in a tax year that begins after
the tax year in which the election is made.
(h) The governing body of a county, a city or town, or a junior college district
by offi cial action may provide that if a person who is disabled or is sixty-fi ve
(65) years of age or older receives a residence homestead exemption prescribed
or authorized by this section, the total amount of ad valorem taxes imposed on
that homestead by the county, the city or town, or the junior college district may
not be increased while it remains the residence homestead of that person or
that person’s spouse who is disabled or sixty-fi ve (65) years of age or older and
receives a residence homestead exemption on the homestead. As an alternative,
on receipt of a petition signed by fi ve percent (5%) of the registered voters of
the county, the city or town, or the junior college district, the governing body of
the county, the city or town, or the junior college district shall call an election
to determine by majority vote whether to establish a tax limitation provided by
this subsection. If a county, a city or town, or a junior college district establishes
a tax limitation provided by this subsection and a disabled person or a person
sixty-fi ve (65) years of age or older dies in a year in which the person received a
residence homestead exemption, the total amount of ad valorem taxes imposed
on the homestead by the county, the city or town, or the junior college district
may not be increased while it remains the residence homestead of that person’s
surviving spouse if the spouse is fi fty-fi ve (55) years of age or older at the time
of the person’s death, subject to any exceptions provided by general law. The
legislature, by general law, may provide for the transfer of all or a proportionate
amount of a tax limitation provided by this subsection for a person who qualifi es
for the limitation and establishes a different residence homestead within the same
county, within the same city or town, or within the same junior college district. A
county, a city or town, or a junior college district that establishes a tax limitation
under this subsection must comply with a law providing for the transfer of the
limitation, even if the legislature enacts the law subsequent to the county’s, the
city’s or town’s, or the junior college district’s establishment of the limitation.
Taxes otherwise limited by a county, a city or town, or a junior college district
under this subsection may be increased to the extent the value of the homestead
is increased by improvements other than repairs and other than improvements
made to comply with governmental requirements and except as may be consistent
with the transfer of a tax limitation under a law authorized by this subsection.
The governing body of a county, a city or town, or a junior college district may
not repeal or rescind a tax limitation established under this subsection.
(i) The legislature by general law may exempt from ad valorem taxation all
or part of the market value of the residence homestead of a disabled veteran who
is certifi ed as having a service-connected disability with a disability rating of 100
percent or totally disabled and may provide additional eligibility requirements
for the exemption. For purposes of this subsection, “disabled veteran” means
a disabled veteran as described by Section 2(b) of this article. (Added Nov. 2,
1948; Subsec. (b) added Nov. 7, 1972; Subsecs. (a) and (b) amended Nov. 6,
1973; Subsec. (b) amended and (c) and (d) added Nov. 7, 1978; Subsecs. (e) and
117
Art. 8 Sec. 1-b-1
(e-1) added Nov. 3, 1981; Subsec. (d) amended Nov. 3, 1987; Subsecs. (b) and
(e) amended Aug. 10, 1991; Subsec. (f) added Nov. 7, 1995; Subsecs. (c) and (d)
amended Aug. 9, 1997; Subsec. (g) added Nov. 4, 1997; Subsec. (b) amended
Nov. 2, 1999; Subsec. (d) amended and (h) added Sept. 13, 2003; Subsec.
(d-1) added May 12, 2007; Subsec. (i) added Nov. 6, 2007.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 1-b: See Appendix, Notes 1, 4, and 5.)
Sec. 1-b-1. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 1-b-1: See Appendix, Note 1.)
Sec. 1-c. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 1-c: See Appendix, Note 1.)
Sec. 1-d. ASSESSMENT OF LANDS DESIGNATED FOR
AGRICULTURAL USE. (a) All land owned by natural persons which is
designated for agricultural use in accordance with the provisions of this Section
shall be assessed for all tax purposes on the consideration of only those factors
relative to such agricultural use. “Agricultural use” means the raising of
livestock or growing of crops, fruit, fl owers, and other products of the soil under
natural conditions as a business venture for profi t, which business is the primary
occupation and source of income of the owner.
(b) For each assessment year the owner wishes to qualify his land under
provisions of this Section as designated for agricultural use he shall fi le with the
local tax assessor a sworn statement in writing describing the use to which the
land is devoted.
(c) Upon receipt of the sworn statement in writing the local tax assessor shall
determine whether or not such land qualifi es for the designation as to agricultural
use as defi ned herein and in the event it so qualifi es he shall designate such land
as being for agricultural use and assess the land accordingly.
(d) Such local tax assessor may inspect the land and require such evidence of
use and source of income as may be necessary or useful in determining whether
or not the agricultural use provision of this article applies.
(e) No land may qualify for the designation provided for in this Act unless
for at least three (3) successive years immediately preceding the assessment date
the land has been devoted exclusively for agricultural use, or unless the land has
been continuously developed for agriculture during such time.
(f) Each year during which the land is designated for agricultural use, the
local tax assessor shall note on his records the valuation which would have
been made had the land not qualifi ed for such designation under this Section. If
designated land is subsequently diverted to a purpose other than that of agricultural
use, or is sold, the land shall be subject to an additional tax. The additional tax
shall equal the difference between taxes paid or payable, hereunder, and the
amount of tax payable for the preceding three years had the land been otherwise
assessed. Until paid there shall be a lien for additional taxes and interest on land
assessed under the provisions of this Section.
118
Art. 8 Sec. 1-d-1
(g) The valuation and assessment of any minerals or subsurface rights to
minerals shall not come within the provisions of this Section. (Added Nov. 8,
1966.)
Sec. 1-d-1. TAXATION OF CERTAIN OPEN-SPACE LAND. (a) To
promote the preservation of open-space land, the legislature shall provide by
general law for taxation of open-space land devoted to farm, ranch, or wildlife
management purposes on the basis of its productive capacity and may provide
by general law for taxation of open-space land devoted to timber production on
the basis of its productive capacity. The legislature by general law may provide
eligibility limitations under this section and may impose sanctions in furtherance
of the taxation policy of this section.
(b) If a property owner qualifi es his land for designation for agricultural use
under Section 1-d of this article, the land is subject to the provisions of Section
1-d for the year in which the designation is effective and is not subject to a law
enacted under this Section 1-d-1 in that year. (Added Nov. 7, 1978; Subsec. (a)
amended Nov. 7, 1995.)
Sec. 1-e. ABOLITION OF AD VALOREM PROPERTY TAXES. No
State ad valorem taxes shall be levied upon any property within this State.
(Added Nov. 5, 1968; amended Nov. 2, 1982, and Nov. 6, 2001.) (TEMPORARY
TRANSITION PROVISION for Sec. 1-e: See Appendix, Note 3.)
Sec. 1-f. CULTURAL, HISTORICAL, OR NATURAL HISTORY
PRESERVATION; AD VALOREM TAX RELIEF. The legislature by law may
provide for the preservation of cultural, historical, or natural history resources
by:
(1) granting exemptions or other relief from state ad valorem taxes on
appropriate property so designated in the manner prescribed by law; and
(2) authorizing political subdivisions to grant exemptions or other relief from
ad valorem taxes on appropriate property so designated by the political subdivision
in the manner prescribed by general law. (Added Nov. 8, 1977.)
Sec. 1-g. DEVELOPMENT OR REDEVELOPMENT OF PROPERTY;
AD VALOREM TAX RELIEF AND ISSUANCE OF BONDS AND NOTES.
(a) The legislature by general law may authorize cities, towns, and other taxing
units to grant exemptions or other relief from ad valorem taxes on property
located in a reinvestment zone for the purpose of encouraging development or
redevelopment and improvement of the property.
(b) The legislature by general law may authorize an incorporated city or
town to issue bonds or notes to fi nance the development or redevelopment of
an unproductive, underdeveloped, or blighted area within the city or town and
to pledge for repayment of those bonds or notes increases in ad valorem tax
revenues imposed on property in the area by the city or town and other political
subdivisions. (Added Nov. 3, 1981.)
Sec. 1-h. VALIDATION OF ASSESSMENT RATIO. Section 26.03, Tax
Code, is validated as of January 1, 1980. (Added Nov. 2, 1982.)
119
Art. 8 Sec. 1-i
Sec. 1-i. MOBILE MARINE DRILLING EQUIPMENT; AD VALOREM
TAX RELIEF. The legislature by general law may provide ad valorem tax relief
for mobile marine drilling equipment designed for offshore drilling of oil or gas
wells that is being stored while not in use in a county bordering on the Gulf of
Mexico or on a bay or other body of water immediately adjacent to the Gulf of
Mexico. (Added Nov. 3, 1987.)
Sec. 1-j. CERTAIN TANGIBLE PERSONAL PROPERTY EXEMPT
FROM AD VALOREM TAXATION. (a) To promote economic development
in the State, goods, wares, merchandise, other tangible personal property, and
ores, other than oil, natural gas, and other petroleum products, are exempt from
ad valorem taxation if:
(1) the property is acquired in or imported into this State to be forwarded
outside this State, whether or not the intention to forward the property outside this
State is formed or the destination to which the property is forwarded is specifi ed
when the property is acquired in or imported into this State;
(2) the property is detained in this State for assembling, storing,
manufacturing, processing, or fabricating purposes by the person who acquired
or imported the property; and
(3) the property is transported outside of this State not later than 175 days
after the date the person acquired or imported the property in this State.
(b) The governing body of a county, common, or independent school district,
junior college district, or municipality that, acting under previous constitutional
authority, taxes property otherwise exempt by Subsection (a) of this section may
subsequently exempt the property from taxation by rescinding its action to tax
the property. The exemption applies to each tax year that begins after the date
the action is taken and applies to the tax year in which the action is taken if the
governing body so provides. A governing body that rescinds its action to tax the
property may not take action to tax such property after the rescission.
(c) For purposes of this section:
(1) tangible personal property shall include aircraft and aircraft parts;
(2) property imported into this State shall include property brought into
this State;
(3) property forwarded outside this State shall include property transported
outside this State or to be affi xed to an aircraft to be transported outside this
State; and
(4) property detained in this State for assembling, storing, manufacturing,
processing, or fabricating purposes shall include property, aircraft, or aircraft
parts brought into this State or acquired in this State and used by the person who
acquired the property, aircraft, or aircraft parts in or who brought the property,
aircraft, or aircraft parts into this State for the purpose of repair or maintenance
of aircraft operated by a certifi cated air carrier. (Added Nov. 7, 1989; Subsec.
(b) amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for
Sec. 1-j: See Appendix, Note 1.)
120
Art. 8 Sec. 1-k
Sec. 1-k. NONPROFIT CORPORATIONS SUPPLYING WATER OR
PROVIDING WASTEWATER SERVICES; EXEMPTION OF PROPERTY
FROM AD VALOREM TAXATION. The legislature by general law may exempt
from ad valorem taxation property owned by a nonprofi t corporation organized
to supply water or provide wastewater service that provides in the bylaws of the
corporation that on dissolution of the corporation, the assets of the corporation
remaining after discharge of the corporation’s indebtedness shall be transferred
to an entity that provides a water supply or wastewater service, or both, that is
exempt from ad valorem taxation, if the property is reasonably necessary for and
used in the acquisition, treatment, storage, transportation, sale, or distribution of
water or the provision of wastewater service. (Added Nov. 5, 1991.)
Sec. 1-l. PROPERTY USED FOR CONTROL OF AIR, WATER, OR
LAND POLLUTION; EXEMPTION FROM AD VALOREM TAXATION.
(a) The legislature by general law may exempt from ad valorem taxation all or
part of real and personal property used, constructed, acquired, or installed wholly
or partly to meet or exceed rules or regulations adopted by any environmental
protection agency of the United States, this state, or a political subdivision of
this state for the prevention, monitoring, control, or reduction of air, water, or
land pollution.
(b) This section applies to real and personal property used as a facility,
device, or method for the control of air, water, or land pollution that would
otherwise be taxable for the fi rst time on or after January 1, 1994.
(c) This section does not authorize the exemption from ad valorem taxation of
real or personal property that was subject to a tax abatement agreement executed
before January 1, 1994. (Added Nov. 2, 1993.)
Sec. 1-m. PROPERTY ON WHICH WATER CONSERVATION
INITIATIVE HAS BEEN IMPLEMENTED; EXEMPTION FROM AD
VALOREM TAXATION. The legislature by general law may authorize a taxing
unit to grant an exemption or other relief from ad valorem taxes on property on
which a water conservation initiative has been implemented. (Added Nov. 4,
1997.)
Sec. 1-n. AUTHORIZATION TO EXEMPT FROM AD VALOREM
TAXATION RAW COCOA AND GREEN COFFEE. (Text of section as
added by Acts 2001, 77th Leg., R.S., S.J.R. 47.) (a) The legislature by general
law may exempt from ad valorem taxation raw cocoa and green coffee that is
held in Harris County.
(b) The legislature may impose additional requirements for qualifi cation for
an exemption under this section. (Added Nov. 6, 2001.)
Sec. 1-n. AUTHORIZATION TO EXEMPT FROM AD VALOREM
TAXATION TANGIBLE PERSONAL PROPERTY. (Text of section as added
by Acts 2001, 77th Leg., R.S., S.J.R. 6.) (a) To promote economic development
in this state, the legislature by general law may exempt from ad valorem taxation
goods, wares, merchandise, other tangible personal property, and ores, other than
oil, natural gas, and other petroleum products, if:
121
Art. 8 Sec. 1-o
(1) the property is acquired in or imported into this state to be forwarded
to another location in this state or outside this state, whether or not the intention
to forward the property to another location in this state or outside this state is
formed or the destination to which the property is forwarded is specifi ed when
the property is acquired in or imported into this state;
(2) the property is detained at a location in this state that is not owned or
under the control of the property owner for assembling, storing, manufacturing,
processing, or fabricating purposes by the person who acquired or imported the
property; and
(3) the property is transported to another location in this state or outside this
state not later than 270 days after the date the person acquired the property in or
imported the property into this state.
(b) For purposes of this section:
(1) tangible personal property includes aircraft and aircraft parts;
(2) property imported into this state includes property brought into this
state;
(3) property forwarded to another location in this state or outside this state
includes property transported to another location in this state or outside this state
or to be affi xed to an aircraft to be transported to another location in this state
or outside this state; and
(4) property detained at a location in this state for assembling, storing,
manufacturing, processing, or fabricating purposes includes property, aircraft,
or aircraft parts brought into this state or acquired in this state and used by the
person who acquired the property, aircraft, or aircraft parts in this state or who
brought the property, aircraft, or aircraft parts into this state for the purpose of
repair or maintenance of aircraft operated by a certifi cated air carrier.
(c) A property owner who is eligible to receive the exemption authorized by
Section 1-j of this article may apply for the exemption authorized by the legislature
under this section in the manner provided by general law, subject to the provisions
of Subsection (d) of this section. A property owner who receives the exemption
authorized by the legislature under this section is not entitled to receive the
exemption authorized by Section 1-j of this article for the same property.
(d) The governing body of a political subdivision that imposes ad valorem
taxes may provide for the taxation of property exempt under a law adopted under
Subsection (a) of this section and not exempt from ad valorem taxation by any
other law. Before acting to tax the exempt property, the governing body of the
political subdivision must conduct a public hearing at which members of the
public are permitted to speak for or against the taxation of the property.
(e) (Added Nov. 6, 2001; expired Jan. 1, 2003.)
Sec. 1-o. RURAL ECONOMIC DEVELOPMENT; LIMITATION
ON AD VALOREM TAX INCREASE. To aid in the elimination of slum and
blighted conditions in less populated communities in this state, to promote rural
economic development in this state, and to improve the economy of this state, the
legislature by general law may authorize the governing body of a municipality
122
Art. 8 Sec. 2
having a population of less than 10,000, in the manner required by law, to call an
election to permit the voters to determine by majority vote whether to authorize the
governing body of the municipality to enter into an agreement with an owner of
real property that is located in or adjacent to a designated area of the municipality
that has been approved for funding under the Downtown Revitalization Program
or the Main Street Improvements Program administered by the Department of
Agriculture, or a successor program administered by that agency, under which
the parties agree that the ad valorem taxes imposed by any political subdivision
on the owner’s real property may not be increased for the fi rst fi ve tax years
after the tax year in which the agreement is entered into, subject to the terms and
conditions provided by the agreement. A general law enacted under this section
must provide that, if authorized by the voters, an agreement to limit ad valorem
tax increases authorized by this section:
(1) must be entered into by the governing body of the municipality and a
property owner before December 31 of the tax year in which the election was
held;
(2) takes effect as to a parcel of real property on January 1 of the tax year
following the tax year in which the governing body and the property owner enter
into the agreement;
(3) applies to ad valorem taxes imposed by any political subdivision on the
real property covered by the agreement; and
(4) expires on the earlier of:
(A) January 1 of the sixth tax year following the tax year in which the
governing body and the property owner enter into the agreement; or
(B) January 1 of the fi rst tax year in which the owner of the property when
the agreement was entered into ceases to own the property. (Added Nov. 6,
2007.) (TEMPORARY TRANSITION PROVISION for Sec. 1-o: See Appendix,
Note 7.)
Sec. 2. OCCUPATION TAXES; EQUALITY AND UNIFORMITY;
EXEMPTIONS FROM TAXATION. (a) All occupation taxes shall be equal
and uniform upon the same class of subjects within the limits of the authority
levying the tax; but the legislature may, by general laws, exempt from taxation
public property used for public purposes; actual places of religious worship, also
any property owned by a church or by a strictly religious society for the exclusive
use as a dwelling place for the ministry of such church or religious society, and
which yields no revenue whatever to such church or religious society; provided
that such exemption shall not extend to more property than is reasonably necessary
for a dwelling place and in no event more than one acre of land; any property
owned by a church or by a strictly religious society that owns an actual place of
religious worship if the property is owned for the purpose of expansion of the
place of religious worship or construction of a new place of religious worship
and the property yields no revenue whatever to the church or religious society,
provided that the legislature by general law may provide eligibility limitations for
the exemption and may impose sanctions related to the exemption in furtherance
123
Art. 8 Sec. 2
of the taxation policy of this subsection; any property that is owned by a church
or by a strictly religious society and is leased by that church or strictly religious
society to a person for use as a school, as defi ned by Section 11.21, Tax Code,
or a successor statute, for educational purposes; places of burial not held for
private or corporate profi t; solar or wind-powered energy devices; all buildings
used exclusively and owned by persons or associations of persons for school
purposes and the necessary furniture of all schools and property used exclusively
and reasonably necessary in conducting any association engaged in promoting
the religious, educational and physical development of boys, girls, young men or
young women operating under a State or National organization of like character;
also the endowment funds of such institutions of learning and religion not used
with a view to profi t; and when the same are invested in bonds or mortgages,
or in land or other property which has been and shall hereafter be bought in by
such institutions under foreclosure sales made to satisfy or protect such bonds or
mortgages, that such exemption of such land and property shall continue only for
two years after the purchase of the same at such sale by such institutions and no
longer, and institutions engaged primarily in public charitable functions, which
may conduct auxiliary activities to support those charitable functions; and all
laws exempting property from taxation other than the property mentioned in this
Section shall be null and void.
(b) The Legislature may, by general law, exempt property owned by a
disabled veteran or by the surviving spouse and surviving minor children of a
disabled veteran. A disabled veteran is a veteran of the armed services of the
United States who is classifi ed as disabled by the Veterans’ Administration or by
a successor to that agency or by the military service in which the veteran served.
A veteran who is certifi ed as having a disability of less than 10 percent is not
entitled to an exemption. A veteran having a disability rating of not less than
10 percent but less than 30 percent may be granted an exemption from taxation
for property valued at up to $5,000. A veteran having a disability rating of
not less than 30 percent but less than 50 percent may be granted an exemption
from taxation for property valued at up to $7,500. A veteran having a disability
rating of not less than 50 percent but less than 70 percent may be granted an
exemption from taxation for property valued at up to $10,000. A veteran who
has a disability rating of 70 percent or more, or a veteran who has a disability
rating of not less than 10 percent and has attained the age of 65, or a disabled
veteran whose disability consists of the loss or loss of use of one or more limbs,
total blindness in one or both eyes, or paraplegia, may be granted an exemption
from taxation for property valued at up to $12,000. The spouse and children of
any member of the United States Armed Forces who dies while on active duty
may be granted an exemption from taxation for property valued at up to $5,000.
A deceased disabled veteran’s surviving spouse and children may be granted an
exemption which in the aggregate is equal to the exemption to which the veteran
was entitled when the veteran died.
(c) The Legislature by general law may exempt from ad valorem taxation
property that is owned by a nonprofi t organization composed primarily of
members or former members of the armed forces of the United States or its allies
and chartered or incorporated by the United States Congress.
124
Art. 8 Sec. 3
(d) Unless otherwise provided by general law enacted after January 1, 1995,
the amounts of the exemptions from ad valorem taxation to which a person is
entitled under Section 11.22, Tax Code, for a tax year that begins on or after
the date this subsection takes effect are the maximum amounts permitted under
Subsection (b) of this section instead of the amounts specifi ed by Section 11.22,
Tax Code. This subsection may be repealed by the Legislature by general law.
(Amended Nov. 6, 1906, and Nov. 6, 1928; Subsec. (a) amended and (b) added
Nov. 7, 1972; Subsec. (a) amended Nov. 7, 1978; Subsec. (c) added Nov. 7, 1989;
Subsec. (b) amended and (d) added Nov. 7, 1995; Subsec. (a) amended Nov. 2,
1999, and Sept. 13, 2003.) (TEMPORARY TRANSITION PROVISION for Sec.
2: See Appendix, Note 5.)
Sec. 3. GENERAL LAWS; PUBLIC PURPOSES. Taxes shall be levied
and collected by general laws and for public purposes only.
Sec. 4. SURRENDER OR SUSPENSION OF TAXING POWER. The
power to tax corporations and corporate property shall not be surrendered or
suspended by act of the Legislature, by any contract or grant to which the State
shall be a party.
Sec. 5. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 5: See Appendix, Note 1.)
Sec. 6. WITHDRAWAL OF MONEY FROM TREASURY; DURATION
OF APPROPRIATION. No money shall be drawn from the Treasury but in
pursuance of specifi c appropriations made by law; nor shall any appropriation
of money be made for a longer term than two years. (Amended Nov. 2, 1999.)
(TEMPORARY TRANSITION PROVISIONS for Sec. 6: See Appendix,
Note 1.)
Sec. 7. BORROWING, WITHHOLDING, OR DIVERTING SPECIAL
FUNDS. The Legislature shall not have power to borrow, or in any manner divert
from its purpose, any special fund that may, or ought to, come into the Treasury;
and shall make it penal for any person or persons to borrow, withhold or in any
manner to divert from its purpose any special fund, or any part thereof.
Sec. 7-a. REVENUES FROM MOTOR VEHICLE REGISTRATION
FEES AND TAXES ON MOTOR FUELS AND LUBRICANTS; PURPOSES
FOR WHICH USED. Subject to legislative appropriation, allocation and
direction, all net revenues remaining after payment of all refunds allowed by law
and expenses of collection derived from motor vehicle registration fees, and all
taxes, except gross production and ad valorem taxes, on motor fuels and lubricants
used to propel motor vehicles over public roadways, shall be used for the sole
purpose of acquiring rights-of-way, constructing, maintaining, and policing such
public roadways, and for the administration of such laws as may be prescribed by
the Legislature pertaining to the supervision of traffi c and safety on such roads;
and for the payment of the principal and interest on county and road district bonds
or warrants voted or issued prior to January 2, 1939, and declared eligible prior
to January 2, 1945, for payment out of the County and Road District Highway
Fund under existing law; provided, however, that one-fourth (1/4) of such net
revenue from the motor fuel tax shall be allocated to the Available School Fund;
125
Art. 8 Sec. 7-b
and, provided, however, that the net revenue derived by counties from motor
vehicle registration fees shall never be less than the maximum amounts allowed
to be retained by each County and the percentage allowed to be retained by each
County under the laws in effect on January 1, 1945. Nothing contained herein
shall be construed as authorizing the pledging of the State’s credit for any purpose.
(Added Nov. 5, 1946.)
Sec. 7-b. REVENUES FROM FEDERAL REIMBURSEMENT;
PURPOSES FOR WHICH USED. All revenues received from the federal
government as reimbursement for state expenditures of funds that are themselves
dedicated for acquiring rights-of-way and constructing, maintaining, and policing
public roadways are also constitutionally dedicated and shall be used only for
those purposes. (Added Nov. 8, 1988.)
Sec. 8. RAILROAD COMPANIES; ASSESSMENT AND COLLECTION
OF TAXES. All property of railroad companies shall be assessed, and the taxes
collected in the several counties in which said property is situated, including so
much of the roadbed and fi xtures as shall be in each county. The rolling stock
may be assessed in gross in the county where the principal offi ce of the company
is located, and the county tax paid upon it shall be apportioned as provided by
general law in proportion to the distance such road may run through any such
county, among the several counties through which the road passes, as a part of
their tax assets. (Amended Nov. 4, 1986.)
Sec. 9. MAXIMUM STATE TAX; COUNTY, CITY, AND TOWN
LEVIES; COUNTY FUNDS; LOCAL ROAD LAWS. (a) No county, city or
town shall levy a tax rate in excess of Eighty Cents ($ .80) on the One Hundred
Dollars ($100) valuation in any one (1) year for general fund, permanent
improvement fund, road and bridge fund and jury fund purposes.
(b) At the time the Commissioners Court meets to levy the annual tax rate
for each county it shall levy whatever tax rate may be needed for the four (4)
constitutional purposes; namely, general fund, permanent improvement fund,
road and bridge fund and jury fund so long as the Court does not impair any
outstanding bonds or other obligations and so long as the total of the foregoing tax
levies does not exceed Eighty Cents ($ .80) on the One Hundred Dollars ($100)
valuation in any one (1) year. Once the Court has levied the annual tax rate, the
same shall remain in force and effect during that taxable year.
(c) The Legislature may authorize an additional annual ad valorem tax to be
levied and collected for the further maintenance of the public roads; provided,
that a majority of the qualifi ed voters of the county voting at an election to be
held for that purpose shall approve the tax, not to exceed Fifteen Cents ($ .15)
on the One Hundred Dollars ($100) valuation of the property subject to taxation
in such county.
(d) Any county may put all tax money collected by the county into one
general fund, without regard to the purpose or source of each tax.
(e) The Legislature may pass local laws for the maintenance of the public
roads and highways, without the local notice required for special or local laws.
126
Art. 8 Sec. 10
(f) This Section shall not be construed as a limitation of powers delegated
to counties, cities or towns by any other Section or Sections of this Constitution.
(Amended Aug. 14, 1883, Nov. 4, 1890, Nov. 6, 1906, Nov. 7, 1944, Nov. 6, 1956,
Nov. 11, 1967, and Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS
for Sec. 9: See Appendix, Note 1.)
Sec. 10. RELEASE FROM PAYMENT OF TAXES. The Legislature
shall have no power to release the inhabitants of, or property in, any county, city
or town from the payment of taxes levied for State or county purposes, unless in
case of great public calamity in any such county, city or town, when such release
may be made by a vote of two-thirds of each House of the Legislature.
Sec. 11. PLACE OF ASSESSMENT; VALUE OF PROPERTY NOT
RENDERED BY OWNER. All property, whether owned by persons or
corporations shall be assessed for taxation, and the taxes paid in the county where
situated, but the Legislature may, by a two-thirds vote, authorize the payment of
taxes of non-residents of counties to be made at the offi ce of the Comptroller of
Public Accounts. And all lands and other property not rendered for taxation by
the owner thereof shall be assessed at its fair value by the proper offi cer.
Sec. 12. (Repealed Aug. 5, 1969.)
Sec. 13. SALES OF LANDS AND OTHER PROPERTY FOR TAXES;
REDEMPTION. (a) Provision shall be made by the Legislature for the sale of
a suffi cient portion of all lands and other property for the taxes due thereon that
have not been paid.
(b) The deed of conveyance to the purchaser for all lands and other property
thus sold shall be held to vest a good and perfect title in the purchaser thereof,
subject only to redemption as provided by this section or impeachment for actual
fraud.
(c) The former owner of a residence homestead, land designated for
agricultural use, or a mineral interest sold for unpaid taxes shall within two years
from date of the fi ling for record of the Purchaser’s Deed have the right to redeem
the property on the following basis:
(1) Within the fi rst year of the redemption period, upon the payment of the
amount of money paid for the property, including the Tax Deed Recording Fee
and all taxes, penalties, interest, and costs paid plus an amount not exceeding 25
percent of the aggregate total; and
(2) Within the last year of the redemption period, upon the payment of the
amount of money paid for the property, including the Tax Deed Recording Fee
and all taxes, penalties, interest, and costs paid plus an amount not exceeding 50
percent of the aggregate total.
(d) If the residence homestead or land designated for agricultural use is sold
pursuant to a suit to enforce the collection of the unpaid taxes, the Legislature
may limit the application of Subsection (c) of this section to property used as a
residence homestead when the suit was fi led and to land designated for agricultural
use when the suit was fi led.
127
Art. 8 Sec. 14
(e) The former owner of real property not covered by Subsection (c) of this
section sold for unpaid taxes shall within six months from the date of fi ling for
record of the Purchaser’s Deed have the right to redeem the property upon the
payment of the amount of money paid for the property, including the Tax Deed
Recording Fee and all taxes, penalties, interest, and costs paid plus an amount not
exceeding 25 percent of the aggregate total. (Amended Nov. 8, 1932; Subsecs.
(a)-(c) amended and (d) and (e) added Nov. 2, 1993; Subsecs. (c) and (d) amended
Sept. 13, 2003.)
Sec. 14. ASSESSOR AND COLLECTOR OF TAXES. (a) The qualifi ed
voters of each county shall elect an assessor-collector of taxes for the county,
except as otherwise provided by this section.
(b) In any county having a population of less than 10,000 inhabitants, as
determined by the most recent decennial census of the United States, the sheriff of
the county, in addition to that offi cer’s other duties, shall be the assessor-collector
of taxes, except that the commissioners court of such a county may submit
to the qualifi ed voters of the county at an election the question of electing an
assessor-collector of taxes as a county offi cer separate from the offi ce of sheriff.
If a majority of the voters voting in such an election approve of electing an
assessor-collector of taxes for the county, then such offi cial shall be elected at
the next general election for the constitutional term of offi ce as is provided for
other tax assessor-collectors in this state.
(c) An assessor-collector of taxes shall hold offi ce for four years; and shall
perform all the duties with respect to assessing property for the purpose of taxation
and of collecting taxes, as may be prescribed by the Legislature. (Amended
Nov. 8, 1932, Nov. 2, 1954, and Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 14: See Appendix, Note 3.)
Sec. 15. LIEN OF ASSESSMENT; SEIZURE AND SALE OF
PROPERTY. The annual assessment made upon landed property shall be a
special lien thereon; and all property, both real and personal, belonging to any
delinquent taxpayer shall be liable to seizure and sale for the payment of all
the taxes and penalties due by such delinquent; and such property may be sold
for the payment of the taxes and penalties due by such delinquent, under such
regulations as the Legislature may provide.
Sec. 16. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 16: See Appendix, Note 3.)
Sec. 16a. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 16a: See Appendix, Notes 1 and 3.)
Sec. 17. SPECIFICATION OF SUBJECTS NOT LIMITATION OF
LEGISLATURE’S POWER. The specifi cation of the objects and subjects of
taxation shall not deprive the Legislature of the power to require other subjects
or objects to be taxed in such manner as may be consistent with the principles
of taxation fi xed in this Constitution.
Sec. 18. EQUALIZATION OF VALUATIONS; SINGLE APPRAISAL.
(a) The Legislature shall provide for equalizing, as near as may be, the valuation
128
Art. 8 Sec. 19
of all property subject to or rendered for taxation, and may also provide for the
classifi cation of all lands with reference to their value in the several counties.
(b) A single appraisal within each county of all property subject to ad valorem
taxation by the county and all other taxing units located therein shall be provided
by general law. The Legislature, by general law, may authorize appraisals outside
a county when political subdivisions are situated in more than one county or when
two or more counties elect to consolidate appraisal services.
(c) The Legislature, by general law, shall provide for a single board of
equalization for each appraisal entity consisting of qualifi ed persons residing
within the territory appraised by that entity. Members of the board of equalization
may not be elected offi cials of the county or of the governing body of a taxing
unit.
(d) The Legislature shall prescribe by general law the methods, timing,
and administrative process for implementing the requirements of this section.
(Amended Nov. 4, 1980.)
Sec. 19. FARM PRODUCTS, LIVESTOCK, POULTRY, AND FAMILY
SUPPLIES; EXEMPTION. Farm products, livestock, and poultry in the hands
of the producer, and family supplies for home and farm use, are exempt from all
taxation until otherwise directed by a two-thirds vote of all the members elect to
both houses of the Legislature. (Added Sep. 2, 1879; amended Nov. 3, 1981.)
Sec. 19a. IMPLEMENTS OF HUSBANDRY; EXEMPTION. Implements
of husbandry that are used in the production of farm or ranch products are exempt
from ad valorem taxation. (Added Nov. 2, 1982.)
Sec. 20. FAIR CASH MARKET VALUE NOT TO BE EXCEEDED;
DISCOUNTS FOR ADVANCE PAYMENT. No property of any kind in this
State shall ever be assessed for ad valorem taxes at a greater value than its fair cash
market value nor shall any Board of Equalization of any governmental or political
subdivision or taxing district within this State fi x the value of any property for
tax purposes at more than its fair cash market value; provided that in order to
encourage the prompt payment of taxes, the Legislature shall have the power
to provide that the taxpayer shall be allowed by the State and all governmental
and political subdivisions and taxing districts of the State a three per cent (3%)
discount on ad valorem taxes due the State or due any governmental or political
subdivision or taxing district of the State if such taxes are paid ninety (90) days
before the date when they would otherwise become delinquent; and the taxpayer
shall be allowed a two per cent (2%) discount on said taxes if paid sixty (60) days
before said taxes would become delinquent; and the taxpayer shall be allowed
a one per cent (1%) discount if said taxes are paid thirty (30) days before they
would otherwise become delinquent. The Legislature shall pass necessary laws
for the proper administration of this Section. (Added Aug. 23, 1937; amended
Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 20: See
Appendix, Note 1.)
Sec. 21. INCREASE IN TOTAL PROPERTY TAXES; NOTICE AND
HEARING; CALCULATION. (a) Subject to any exceptions prescribed by
general law, the total amount of property taxes imposed by a political subdivision
129
Art. 8 Sec. 22
in any year may not exceed the total amount of property taxes imposed by that
subdivision in the preceding year unless the governing body of the subdivision
gives notice of its intent to consider an increase in taxes and holds a public hearing
on the proposed increase before it increases those total taxes. The legislature
shall prescribe by law the form, content, timing, and methods of giving the notice
and the rules for the conduct of the hearing.
(b) In calculating the total amount of taxes imposed in the current year for the
purposes of Subsection (a) of this section, the taxes on property in territory added
to the political subdivision since the preceding year and on new improvements
that were not taxable in the preceding year are excluded. In calculating the total
amount of taxes imposed in the preceding year for the purposes of Subsection
(a) of this section, the taxes imposed on real property that is not taxable by the
subdivision in the current year are excluded.
(c) The legislature by general law shall require that, subject to reasonable
exceptions, a property owner be given notice of a revaluation of his property
and a reasonable estimate of the amount of taxes that would be imposed on
his property if the total amount of property taxes for the subdivision were not
increased according to any law enacted pursuant to Subsection (a) of this section.
The notice must be given before the procedures required in Subsection (a) are
instituted. (Added Nov. 7, 1978; Subsec. (c) amended Nov. 3, 1981.)
Sec. 22. RESTRICTION ON APPROPRIATIONS. (a) In no biennium
shall the rate of growth of appropriations from state tax revenues not dedicated
by this constitution exceed the estimated rate of growth of the state’s economy.
The legislature shall provide by general law procedures to implement this
subsection.
(b) If the legislature by adoption of a resolution approved by a record vote
of a majority of the members of each house fi nds that an emergency exists
and identifi es the nature of the emergency, the legislature may provide for
appropriations in excess of the amount authorized by Subsection (a) of this
section. The excess authorized under this subsection may not exceed the amount
specifi ed in the resolution.
(c) In no case shall appropriations exceed revenues as provided in Article
III, Section 49a, of this constitution. Nothing in this section shall be construed
to alter, amend, or repeal Article III, Section 49a, of this constitution. (Added
Nov. 7, 1978.)
Sec. 23. APPRAISAL OF PROPERTY; ENFORCEMENT OF
STANDARDS. (a) There shall be no statewide appraisal of real property for ad
valorem tax purposes; however, this shall not preclude formula distribution of
tax revenues to political subdivisions of the state.
(b) Administrative and judicial enforcement of uniform standards and
procedures for appraisal of property for ad valorem tax purposes, as prescribed
by general law, shall originate in the county where the tax is imposed, except
that the legislature may provide by general law for political subdivisions with
boundaries extending outside the county. (Added Nov. 7, 1978.)
130
Art. 8 Sec. 24
Sec. 24. PERSONAL INCOME TAX; DEDICATION OF PROCEEDS.
(a) A general law enacted by the legislature that imposes a tax on the net incomes
of natural persons, including a person’s share of partnership and unincorporated
association income, must provide that the portion of the law imposing the tax not
take effect until approved by a majority of the registered voters voting in a statewide
referendum held on the question of imposing the tax. The referendum must specify
the rate of the tax that will apply to taxable income as defi ned by law.
(b) A general law enacted by the legislature that increases the rate of the tax,
or changes the tax, in a manner that results in an increase in the combined income
tax liability of all persons subject to the tax may not take effect until approved
by a majority of the registered voters voting in a statewide referendum held on
the question of increasing the income tax. A determination of whether a bill
proposing a change in the tax would increase the combined income tax liability
of all persons subject to the tax must be made by comparing the provisions of the
proposed change in law with the provisions of the law for the most recent year
in which actual tax collections have been made. A referendum held under this
subsection must specify the manner in which the proposed law would increase
the combined income tax liability of all persons subject to the tax.
(c) Except as provided by Subsection (b) of this section, the legislature
may amend or repeal a tax approved by the voters under this section without
submitting the amendment or the repeal to the voters as provided by Subsection
(a) of this section.
(d) If the legislature repeals a tax approved by the voters under this section,
the legislature may reenact the tax without submitting the reenactment to the
voters as provided by Subsection (a) of this section only if the effective date of
the reenactment of the tax is before the fi rst anniversary of the effective date of
the repeal.
(e) The legislature may provide for the taxation of income in a manner which
is consistent with federal law.
(f) In the fi rst year in which a tax described by Subsection (a) is imposed
and during the fi rst year of any increase in the tax that is subject to Subsection
(b) of this section, not less than two-thirds of all net revenues remaining after
payment of all refunds allowed by law and expenses of collection from the tax
shall be used to reduce the rate of ad valorem maintenance and operation taxes
levied for the support of primary and secondary public education. In subsequent
years, not less than two-thirds of all net revenues from the tax shall be used to
continue such ad valorem tax relief.
(g) The net revenues remaining after the dedication of money from the tax
under Subsection (f) of this section shall be used for support of education, subject
to legislative appropriation, allocation, and direction.
(h) The maximum rate at which a school district may impose ad valorem
maintenance and operation taxes is reduced by an amount equal to one cent per
$100 valuation for each one cent per $100 valuation that the school district’s
ad valorem maintenance and operation tax is reduced by the minimum amount
of money dedicated under Subsection (f) of this section, provided that a school
district may subsequently increase the maximum ad valorem maintenance and
131
Art. 8 Sec. 24
operation tax rate if the increased maximum rate is approved by a majority of the
voters of the school district voting at an election called and held for that purpose.
The legislature by general law shall provide for the tax relief that is required by
Subsection (f) and this subsection.
(i) Subsections (f) and (h) of this section apply to ad valorem maintenance
and operation taxes levied by a school district on or after the fi rst January 1
after the date on which a tax on the net incomes of natural persons, including a
person’s share of partnership and unincorporated association income, begins to
apply to that income, except that if the income tax begins to apply on a January
1, Subsections (f) and (h) of this section apply to ad valorem maintenance and
operation taxes levied on or after that date.
(j) A provision of this section prevails over a confl icting provision of Article
VII, Section 3, of this Constitution to the extent of the confl ict. (Added Nov. 2,
1993.)
132
Art. 9 Sec. 1
ARTICLE 9
COUNTIES
Sec. 1. CREATION OF COUNTIES. The Legislature shall have power
to create counties for the convenience of the people subject to the following
provisions:
(1) Within the territory of any county or counties, no new county shall be
created with a less area than seven hundred square miles, nor shall any such county
now existing be reduced to a less area than seven hundred square miles. No new
counties shall be created so as to approach nearer than twelve miles of the county
seat of any county from which it may in whole or in part be taken. Counties of
a less area than nine hundred, but of seven hundred or more square miles, within
counties now existing, may be created by a two-thirds vote of each House of the
Legislature, taken by yeas and nays and entered on the journals. Any county now
existing may be reduced to an area of not less than seven hundred square miles
by a like two-thirds vote. When any part of a county is stricken off and attached
to, or created into another county, the part stricken off shall be holden for and
obliged to pay its proportion of all the liabilities then existing, of the county from
which it was taken, in such manner as may be prescribed by law.
(2) No part of any existing county shall be detached from it and attached
to another existing county until the proposition for such change shall have been
submitted, in such manner as may be provided by law, to a vote of the voters of
both counties, and shall have received a majority of those voting on the question
in each. (Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS
for Sec. 1: See Appendix, Note 1.)
Sec. 1-A. COUNTIES BORDERING ON GULF OF MEXICO OR
TIDEWATER LIMITS THEREOF; REGULATION OF MOTOR VEHICLES
ON BEACHES. The Legislature may authorize the governing body of any county
bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and
restrict the speed, parking and travel of motor vehicles on beaches available to
the public by virtue of public right and the littering of such beaches.
Nothing in this amendment shall increase the rights of any riparian or littoral
landowner with regard to beaches available to the public by virtue of public right
or submerged lands.
The Legislature may enact any laws not inconsistent with this Section which it
may deem necessary to permit said counties to implement, enforce and administer
the provisions contained herein.
Should the Legislature enact legislation in anticipation of the adoption of
this amendment, such legislation shall not be invalid by reason of its anticipatory
character. (Added Nov. 6, 1962.)
COUNTY SEATS
Sec. 2. REMOVAL OF COUNTY SEATS. The Legislature shall pass
laws regulating the manner of removing county seats, but no county seat situated
within fi ve miles of the geographical centre of the county shall be removed,
133
Art. 9 Sec. 3
except by a vote of two-thirds of all the voters voting on the subject. A majority
of such voters, however, voting at such election, may remove a county seat from
a point more than fi ve miles from the geographical centre of the county to a
point within fi ve miles of such centre, in either case the centre to be determined
by a certifi cate from the Commissioner of the General Land Offi ce. (Amended
Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 2: See
Appendix, Note 1.)
HOME RULE CHARTERS
Sec. 3. (Repealed Aug. 5, 1969.)
HOSPITAL DISTRICTS
Sec. 4. COUNTY-WIDE HOSPITAL DISTRICTS. The Legislature may
by law authorize the creation of county-wide Hospital Districts in counties having
a population in excess of 190,000 and in Galveston County, with power to issue
bonds for the purchase, acquisition, construction, maintenance and operation
of any county owned hospital, or where the hospital system is jointly operated
by a county and city within the county, and to provide for the transfer to the
county-wide Hospital District of the title to any land, buildings or equipment,
jointly or separately owned, and for the assumption by the district of any
outstanding bonded indebtedness theretofore issued by any county or city for
the establishment of hospitals or hospital facilities; to levy a tax not to exceed
seventy-fi ve ($ .75) cents on the One Hundred ($100.00) Dollars valuation of all
taxable property within such district, provided, however, that such district shall
be approved at an election held for that purpose, and that only qualifi ed voters
in such county shall vote therein; provided further, that such Hospital District
shall assume full responsibility for providing medical and hospital care to needy
inhabitants of the county, and thereafter such county and cities therein shall not
levy any other tax for hospital purposes; and provided further that should such
Hospital District construct, maintain and support a hospital or hospital system,
that the same shall never become a charge against the State of Texas, nor shall
any direct appropriation ever be made by the Legislature for the construction,
maintenance or improvement of the said hospital or hospitals. (Added Nov. 2,
1954; amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS
for Sec. 4: See Appendix, Note 1.)
Sec. 5. CITY OF AMARILLO; WICHITA COUNTY; JEFFERSON
COUNTY; CREATION AND FUNDING OF HOSPITAL DISTRICTS.
(a) The Legislature may by law authorize the creation of two hospital districts,
one to be coextensive with and have the same boundaries as the incorporated City
of Amarillo, as such boundaries now exist or as they may hereafter be lawfully
extended, and the other to be coextensive with Wichita County.
If such district or districts are created, they may be authorized to levy a tax
not to exceed Seventy-fi ve Cents (75¢) on the One Hundred Dollars ($100.00)
valuation of taxable property within the district; provided, however, no tax may
be levied until approved by a majority vote of the participating resident qualifi ed
voters. The maximum rate of tax may be changed at subsequent elections so
long as obligations are not impaired, and not to exceed the maximum limit of
134
Art. 9 Sec. 5
Seventy-fi ve Cents (75¢) per One Hundred Dollars ($100.00) valuation, and no
election shall be required by subsequent changes in the boundaries of the City
of Amarillo.
If such tax is authorized, no political subdivision or municipality within or
having the same boundaries as the district may levy a tax for medical or hospital
care for needy individuals, nor shall they maintain or erect hospital facilities, but
the district shall by resolution assume all such responsibilities and shall assume
all of the liabilities and obligations (including bonds and warrants) of such
subdivisions or municipalities or both. The maximum tax rate submitted shall
be suffi cient to discharge such obligations, liabilities, and responsibilities, and
to maintain and operate the hospital system, and the Legislature may authorize
the district to issue tax bonds for the purpose of the purchase, construction,
acquisition, repair or renovation of improvements and initially equipping the
same, and such bonds shall be payable from said Seventy-fi ve Cents (75¢) tax.
The Legislature shall provide for transfer of title to properties to the district.
(b) The Legislature may by law permit the County of Potter (in which the
City of Amarillo is partially located) to render fi nancial aid to that district by
paying a part of the expenses of operating and maintaining the system and paying
a part of the debts of the district (whether assumed or created by the district)
and may authorize the levy of a tax not to exceed Ten Cents (10¢) per One
Hundred Dollars ($100.00) valuation (in addition to other taxes permitted by this
Constitution) upon all property within the county but without the City of Amarillo
at the time such levy is made for such purposes. If such tax is authorized, the
district shall by resolution assume the responsibilities, obligations, and liabilities
of the county in the manner and to the extent hereinabove provided for political
subdivisions having boundaries coextensive with the district, and the county shall
not thereafter levy taxes (other than herein provided) for hospital purposes nor
for providing hospital care for needy individuals of the county.
(c) The Legislature may by law authorize the creation of a hospital district
within Jefferson County, the boundaries of which shall include only the area
comprising the Jefferson County Drainage District No. 7 and the Port Arthur
Independent School District, as such boundaries existed on the fi rst day of
January, 1957, with the power to issue bonds for the sole purpose of purchasing
a site for, and the construction and initial equipping of, a hospital system, and
with the power to levy a tax of not to exceed Seventy-fi ve Cents (75¢) on the
One Hundred Dollars ($100.00) valuation of property therein for the purpose of
paying the principal and interest on such bonds.
The bonds may not be issued or such tax be levied until approved by such
voters.
The district shall not have the power to levy any tax for maintenance or
operation of the hospital or facilities, but shall contract with other political
subdivisions of the state or private individuals, associations, or corporations for
such purposes.
If the district hereinabove authorized is fi nally created, no other hospital
district may be created embracing any part of the territory within its boundaries,
but the Legislature by law may authorize the creation of a hospital district
135
Art. 9 Sec. 6
incorporating therein the remainder of Jefferson County, having the powers and
duties and with the limitations presently provided by Article IX, Section 4, of the
Constitution of Texas. A majority of those participating in the election voting in
favor of the district shall be necessary for bonds to be issued.
(d) Should the Legislature enact enabling laws in anticipation of the adoption
of this amendment, such Acts shall not be invalid because of their anticipatory
character.
(e) The legislature by law may authorize Randall County to render fi nancial
assistance to the Amarillo Hospital District by paying part of the district’s
operating and maintenance expenses and the debts assumed or created by the
district and to levy a tax for that purpose in an amount not to exceed seventy-fi ve
cents (75¢) on the One Hundred Dollars ($100.00) valuation on all property in
Randall County that is not within the boundaries of the City of Amarillo or the
South Randall County Hospital District. This tax is in addition to any other tax
authorized by this constitution. If the tax is authorized by the legislature and
approved by the voters of the area to be taxed, the Amarillo Hospital District shall,
by resolution, assume the responsibilities, obligations, and liabilities of Randall
County in accordance with Subsection (a) of this section and, except as provided
by this subsection, Randall County may not levy taxes or issue bonds for hospital
purposes or for providing hospital care for needy inhabitants of the county.
(f) Notwithstanding the provisions of Article IX of this constitution, if a
hospital district was created or authorized under a constitutional provision that
includes a description of the district’s boundaries or jurisdiction, the legislature
by law may authorize the district to change its boundaries or jurisdiction. The
change must be approved by a majority of the qualifi ed voters of the district
voting at an election called and held for that purpose. (Added Nov. 4, 1958;
Subsecs. (e) and (f) added Nov. 3, 1987; Subsecs. (a), (c), and (e) amended
Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 5: See
Appendix, Note 1.)
Sec. 6. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 6: See Appendix, Note 1.)
Sec. 7. HIDALGO COUNTY HOSPITAL DISTRICT; CREATION; TAX
RATE. The Legislature may by law authorize the creation of a Hospital District
co-extensive with Hidalgo County, having the powers and duties and with the
limitations presently provided in Article IX, Section 5(a), of the Constitution of
Texas, as it applies to Hidalgo County, except that the maximum rate of tax that
the said Hidalgo County Hospital District may be authorized to levy shall be ten
cents (10¢) per One Hundred Dollars ($100) valuation of taxable property within
the District subject to district taxation. (Added Nov. 8, 1960.)
Sec. 8. COUNTY COMMISSIONERS PRECINCT NO. 4 OF
COMANCHE COUNTY; HOSPITAL DISTRICT; CREATION; TAX
RATE. (a) The Legislature may by law authorize the creation of a Hospital
District to be co-extensive with the limits of County Commissioners Precinct
No. 4 of Comanche County, Texas.
136
Art. 9 Sec. 9
If such District is created, it may be authorized to levy a tax not to exceed
seventy-fi ve cents (75¢) on the One Hundred Dollar ($100) valuation of taxable
property within the District; provided, however, no tax may be levied until
approved by a majority vote of the participating resident qualifi ed voters.
The maximum rate of tax may be changed at subsequent elections so long as
obligations are not impaired, and not to exceed the maximum limit of seventy-fi ve
cents (75¢) per One Hundred Dollar ($100) valuation, and no election shall be
required by subsequent changes in the boundaries of the Commissioners Precinct
No. 4 of Comanche County.
If such tax is authorized, no political subdivision or municipality within or
having the same boundaries as the District may levy a tax for medical or hospital
care for needy individuals, nor shall they maintain or erect hospital facilities, but
the District shall by resolution assume all such responsibilities and shall assume
all of the liabilities and obligations (including bonds and warrants) of such
subdivisions or municipalities or both. The maximum tax rate submitted shall
be suffi cient to discharge such obligations, liabilities, and responsibilities, and
to maintain and operate the hospital system, and the Legislature may authorize
the District to issue tax bonds for the purpose of the purchase, construction,
acquisition, repair or renovation of improvements and initially equipping the
same, and such bonds shall be payable from said seventy-fi ve cent (75¢) tax. The
Legislature shall provide for transfer of title to properties to the District.
(b) The Legislature may by law permit the County of Comanche to render
fi nancial aid to that District by paying a part of the expenses of operating and
maintaining the system and paying a part of the debts of the District (whether
assumed or created by the District) and may authorize the levy of a tax not to
exceed ten cents (10¢) per One Hundred Dollar ($100) valuation (in addition to
other taxes permitted by this Constitution) upon all property within the County
but without the County Commissioners Precinct No. 4 of Comanche County
at the time such levy is made for such purposes. If such tax is authorized, the
District shall by resolution assume the responsibilities, obligations, and liabilities
of the County in the manner and to the extent hereinabove provided for political
subdivisions having boundaries co-extensive with the District, and the County
shall not thereafter levy taxes (other than herein provided) for hospital purposes
nor for providing hospital care for needy individuals of the County.
(c) Should the Legislature enact enabling laws in anticipation of the
adoption of this amendment, such Acts shall not be invalid because of their
anticipatory character. (Added Nov. 8, 1960; Subsec. (a) amended Nov. 2,
1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 8: See Appendix,
Note 1.)
Sec. 9. HOSPITAL DISTRICTS; CREATION, OPERATION, POWERS,
DUTIES AND DISSOLUTION. The Legislature may by general or special law
provide for the creation, establishment, maintenance and operation of hospital
districts composed of one or more counties or all or any part of one or more
counties with power to issue bonds for the purchase, construction, acquisition,
repair or renovation of buildings and improvements and equipping same, for
hospital purposes; providing for the transfer to the hospital district of the title
137
Art. 9 Sec. 9A
to any land, buildings, improvements and equipment located wholly within the
district which may be jointly or separately owned by any city, town or county,
providing that any district so created shall assume full responsibility for providing
medical and hospital care for its needy inhabitants and assume the outstanding
indebtedness incurred by cities, towns and counties for hospital purposes prior
to the creation of the district, if same are located wholly within its boundaries,
and a pro rata portion of such indebtedness based upon the then last approved
tax assessment rolls of the included cities, towns and counties if less than all the
territory thereof is included within the district boundaries; providing that after its
creation no other municipality or political subdivision shall have the power to levy
taxes or issue bonds or other obligations for hospital purposes or for providing
medical care within the boundaries of the district; providing for the levy of annual
taxes at a rate not to exceed seventy-fi ve cents ($ .75) on the One Hundred Dollar
valuation of all taxable property within such district for the purpose of meeting
the requirements of the district’s bonds, the indebtedness assumed by it and its
maintenance and operating expenses, providing that such district shall not be
created or such tax authorized unless approved by a majority of the qualifi ed
voters thereof voting at an election called for the purpose; and providing further
that the support and maintenance of the district’s hospital system shall never
become a charge against or obligation of the State of Texas nor shall any direct
appropriation be made by the Legislature for the construction, maintenance or
improvement of any of the facilities of such district.
Provided, however, that no district shall be created by special law except
after thirty (30) days’ public notice to the district affected, and in no event may
the Legislature provide for a district to be created without the affi rmative vote
of a majority of the qualifi ed voters in the district concerned.
The Legislature may also provide for the dissolution of hospital districts
provided that a process is afforded by statute for:
(1) determining the desire of a majority of the qualifi ed voters within the
district to dissolve it;
(2) disposing of or transferring the assets, if any, of the district; and
(3) satisfying the debts and bond obligations, if any, of the district, in such
manner as to protect the interests of the citizens within the district, including
their collective property rights in the assets and property of the district, provided,
however, that any grant from federal funds, however dispensed, shall be considered
an obligation to be repaid in satisfaction and provided that no election to dissolve
shall be held more often than once each year. In such connection, the statute
shall provide against disposal or transfer of the assets of the district except for
due compensation unless such assets are transferred to another governmental
agency, such as a county, embracing such district and using such transferred
assets in such a way as to benefi t citizens formerly within the district. (Added
Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.)
Sec. 9A. HOSPITAL DISTRICTS; REGULATION OF HEALTH CARE
SERVICES. The legislature by law may determine the health care services a
hospital district is required to provide, the requirements a resident must meet to
138
Art. 9 Sec. 9B
qualify for services, and any other relevant provisions necessary to regulate the
provision of health care to residents. (Added Nov. 5, 1985.)
Sec. 9B. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION
OF 75,000 OR LESS. The legislature by general or special law may provide
for the creation, establishment, maintenance, and operation of hospital districts
located wholly in a county with a population of 75,000 or less, according to the
most recent federal decennial census, and may authorize the commissioners court
to levy a tax on the ad valorem property located in the district for the support and
maintenance of the district. A district may not be created or a tax levied unless
the creation and tax are approved by a majority of the registered voters who reside
in the district. The legislature shall set the maximum tax rate a district may levy.
The legislature may provide that the county in which the district is located may
issue general obligation bonds for the district and provide other services to the
district. The district may provide hospital care, medical care, and other services
authorized by the legislature. (Added Nov. 7, 1989.)
Sec. 10. (Blank.)
Sec. 11. HOSPITAL DISTRICTS; OCHILTREE, CASTRO,
HANSFORD, AND HOPKINS COUNTIES; CREATION; TAXES. (a) The
Legislature may by law authorize the creation of hospital districts in Ochiltree,
Castro, Hansford and Hopkins Counties, each district to be coextensive with the
limits of such county.
(b) If any such district is created, it may be authorized to levy a tax not to
exceed Seventy-fi ve Cents (75¢) on the One Hundred Dollar ($100) valuation
of taxable property within the district; provided, however, no tax may be levied
until approved by a majority vote of the participating resident qualifi ed voters.
The maximum rate of tax may be changed at subsequent elections so long as
obligations are not impaired, and not to exceed the maximum limit of Seventy-fi ve
Cents (75¢) per One Hundred Dollar ($100) valuation.
(c) If such tax is authorized, no political subdivision or municipality within or
having the same boundaries as the district may levy a tax for medical or hospital
care for needy individuals, nor shall they maintain or erect hospital facilities, but
the district shall by resolution assume all such responsibilities and shall assume
all of the liabilities and obligations (including bonds and warrants) of such
subdivisions or municipalities or both. The maximum tax rate submitted shall be
suffi cient to discharge obligations, liabilities, and responsibilities, and to maintain
and operate the hospital system, and the Legislature may authorize the district to
issue tax bonds for the purpose of the purchase, construction, acquisition, repair
or renovation of improvements and initially equipping the same, and such bonds
shall be payable from said Seventy-fi ve Cent (75¢) tax. The Legislature shall
provide for transfer of title to properties to the district. (Added Nov. 6, 1962;
amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec.
11: See Appendix, Note 1.)
Sec. 12. AIRPORT AUTHORITIES. (a) The Legislature may by law
provide for the creation, establishment, maintenance and operation of Airport
Authorities composed of one or more counties, with power to issue general
obligation bonds, revenue bonds, either or both of them, for the purchase,
139
Art. 9 Sec. 12
acquisition by the exercise of the power of eminent domain or otherwise,
construction, reconstruction, repair or renovation of any airport or airports,
landing fi elds and runways, airport buildings, hangars, facilities, equipment,
fi xtures, and any and all property, real or personal, necessary to operate, equip
and maintain an airport.
(b) The Legislature shall provide for the option by the governing body of
the city or cities whose airport facilities are served by certifi cated airlines and
whose facility or some interest therein, is proposed to be or has been acquired by
the Authority, to either appoint or elect a Board of Directors of said Authority.
If the Directors are appointed such appointment shall be made by the County
Commissioners Court after consultation with and consent of the governing body
or bodies of such city or cities. If the Board of Directors is elected they shall be
elected by the qualifi ed voters of the county which chooses to elect the Directors
to represent that county. Directors shall serve without compensation for a term
fi xed by the Legislature not to exceed six (6) years, shall be selected on the basis
of the proportionate population of each county based upon the last preceding
Federal Census, and shall be residents of such county. No county shall have less
than one (1) member on the Board of Directors.
(c) The Legislature shall provide for the holding of an election in each county
proposing the creation of an Authority to be called by the Commissioners Court
or Commissioners Courts, as the case may be, upon petition of fi ve per cent (5%)
of the qualifi ed voters within the county or counties. The elections must be held
on the same day if more than one county is included. No more than one (1) such
election may be called in a county until after the expiration of one (1) year in the
event such an election has failed, and thereafter only upon a petition of ten per
cent (10%) of the qualifi ed voters being presented to the Commissioners Court
or Commissioners Courts of the county or counties in which such an election
has failed. In the event that two or more counties vote on the proposition of the
creation of an Authority therein, the proposition shall not be deemed to carry
unless the majority of the qualifi ed voters in each county voting thereon vote
in favor thereof. An Airport Authority may be created and be composed of the
county or counties that vote in favor of its creation if separate propositions are
submitted to the voters of each county so that they may vote for a two or more
county Authority or a single county Authority.
(d) The Legislature shall provide for the appointment by the Board of
Directors of an Assessor and Collector of Taxes in the Authority, whether
constituted of one or more counties, whose duty it shall be to assess all taxable
property, both real and personal, and collect the taxes thereon, based upon the
tax rolls approved by the Board of Directors, the tax to be levied not to exceed
Seventy-Five Cents ($.75) per One Hundred Dollars ($100) assessed valuation
of the property. The property of state regulated common carriers required by
law to pay a tax upon intangible assets shall not be subject to taxation by the
Authority. The taxable property shall be assessed on a valuation not to exceed
the market value and shall be equal and uniform throughout the Authority as is
otherwise provided by the Constitution.
140
Art. 9 Sec. 13
(e) The Legislature shall authorize the purchase or acquisition by the
Authority of any existing airport facility publicly owned and fi nanced and served
by certifi cated airlines, in fee or of any interest therein, or to enter into any lease
agreement therefor, upon such terms and conditions as may be mutually agreeable
to the Authority and the owner of such facilities, or authorize the acquisition
of same through the exercise of the power of eminent domain. In the event of
such acquisition, if there are any general obligation bonds that the owner of the
publicly owned airport facility has outstanding, the same shall be fully assumed
by the Authority and suffi cient taxes levied by the Authority to discharge said
outstanding indebtedness. If any city or owner has outstanding revenue bonds
where the revenues of the airport have been pledged or said bonds constitute a
lien against the airport facilities, the Authority shall assume and discharge all the
obligations of the city under the ordinances and bond indentures under which
said revenue bonds have been issued and sold.
(f) Any city which owns airport facilities not serving certifi cated airlines
which are not purchased or acquired or taken over as herein provided by such
Authority shall have the power to operate the same under the existing laws or as
the same may hereafter be amended.
(g) Any such Authority when created may be granted the power and authority
to promulgate, adopt and enforce appropriate zoning regulations to protect the
airport from hazards and obstructions which would interfere with the use of the
airport and its facilities for landing and take-off.
(h) An additional county or counties may be added to an existing Authority if
a petition of fi ve per cent (5%) of the qualifi ed voters is fi led with and an election
is called by the Commissioners Court of the county or counties seeking admission
to an Authority. If the vote is favorable, then admission may be granted to such
county or counties by the Board of Directors of the then existing Authority upon
such terms and conditions as they may agree upon and evidenced by a resolution
approved by two-thirds (2/3rds) of the then existing Board of Directors. The
county or counties that may be so added to the then existing Authority shall be
given representation on the Board of Directors by adding additional directors in
proportion to their population according to the last preceding Federal Census.
(Added Nov. 8, 1966; amended Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 12: See Appendix, Note 1.)
Sec. 13. PARTICIPATION OF MUNICIPALITIES AND OTHER
POLITICAL SUBDIVISIONS IN ESTABLISHMENT OF MENTAL
HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES.
Notwithstanding any other section of this article, the Legislature in providing for
the creation, establishment, maintenance and operation of a hospital district, shall
not be required to provide that such district shall assume full responsibility for
the establishment, maintenance, support, or operation of mental health services
or mental retardation services including the operation of any community mental
health centers, community mental retardation centers or community mental health
and mental retardation centers which may exist or be thereafter established within
the boundaries of such district, nor shall the Legislature be required to provide that
such district shall assume full responsibility of public health department units and
141
Art. 9 Sec. 14
clinics and related public health activities or services, and the Legislature shall
not be required to restrict the power of any municipality or political subdivision
to levy taxes or issue bonds or other obligations or to expend public moneys for
the establishment, maintenance, support, or operation of mental health services,
mental retardation services, public health units or clinics or related public
health activities or services or the operation of such community mental health
or mental retardation centers within the boundaries of the hospital districts; and
unless a statute creating a hospital district shall expressly prohibit participation
by any entity other than the hospital district in the establishment, maintenance,
or support of mental health services, mental retardation services, public health
units or clinics or related public health activities within or partly within the
boundaries of any hospital district, any municipality or any other political
subdivision or state-supported entity within the hospital district may participate
in the establishment, maintenance, and support of mental health services, mental
retardation services, public health units and clinics and related public health
activities and may levy taxes, issue bonds or other obligations, and expend public
moneys for such purposes as provided by law. (Added Nov. 11, 1967.)
Sec. 14. COUNTY POOR HOUSE AND FARM. Each county in the State
may provide, in such manner as may be prescribed by law, a Manual Labor Poor
House and Farm, for taking care of, managing, employing and supplying the
wants of its indigent and poor inhabitants. (Formerly Sec. 8, Art. XVI, amended
to redesignate as Sec. 14, Art. IX, Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 14: See Appendix, Note 3.)
142
Art. 10 Sec. 1
ARTICLE 10
RAILROADS
Sec. 1. (Repealed Aug. 5, 1969.)
Sec. 2. PUBLIC HIGHWAYS; COMMON CARRIERS; REGULATION
OF TARIFFS, CORRECTION OF ABUSES, AND PREVENTION OF
DISCRIMINATION AND EXTORTION; MEANS AND AGENCIES.
Railroads heretofore constructed or which may hereafter be constructed in this
state are hereby declared public highways, and railroad companies, common
carriers. The Legislature shall pass laws to regulate railroad, freight and passenger
tariffs, to correct abuses and prevent unjust discrimination and extortion in the
rates of freight and passenger tariffs on the different railroads in this state, and
enforce the same by adequate penalties; and to the further accomplishment of
these objects and purposes, may provide and establish all requisite means and
agencies invested with such powers as may be deemed adequate and advisable.
(Amended Nov. 4, 1890.)
Sec. 3. (Repealed Aug. 5, 1969.)
Sec. 4. (Repealed Aug. 5, 1969.)
Sec. 5. (Repealed Aug. 5, 1969.)
Sec. 6. (Repealed Aug. 5, 1969.)
Sec. 7. (Repealed Aug. 5, 1969.)
Sec. 8. (Repealed Aug. 5, 1969.)
Sec. 9. (Repealed Aug. 5, 1969.)
143
Art. 11 Sec. 1
ARTICLE 11
MUNICIPAL CORPORATIONS
Sec. 1. COUNTIES AS LEGAL SUBDIVISIONS. The several counties
of this State are hereby recognized as legal subdivisions of the State.
Sec. 2. JAILS, COURT-HOUSES, BRIDGES, AND ROADS. The
construction of jails, court-houses and bridges and the laying out, construction
and repairing of county roads shall be provided for by general laws. (Amended
Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 2: See
Appendix, Note 1.)
Sec. 3. SUBSCRIPTIONS TO CORPORATE CAPITAL; DONATIONS;
LOAN OF CREDIT. No county, city, or other municipal corporation shall
hereafter become a subscriber to the capital of any private corporation or
association, or make any appropriation or donation to the same, or in anywise
loan its credit; but this shall not be construed to in any way affect any obligation
heretofore undertaken pursuant to law or to prevent a county, city, or other
municipal corporation from investing its funds as authorized by law. (Amended
Nov. 7, 1989.)
Sec. 4. CITIES AND TOWNS WITH POPULATION OF 5,000 OR LESS;
CHARTERED BY GENERAL LAW; TAXES; FINES, FORFEITURES,
AND PENALTIES. Cities and towns having a population of fi ve thousand or
less may be chartered alone by general law. They may levy, assess and collect
such taxes as may be authorized by law, but no tax for any purpose shall ever
be lawful for any one year which shall exceed one and one-half per cent of the
taxable property of such city; and all taxes shall be collectible only in current
money, and all licenses and occupation taxes levied, and all fi nes, forfeitures and
penalties accruing to said cities and towns shall be collectible only in current
money. (Amended Aug. 3, 1909, and Nov. 2, 1920.)
Sec. 5. CITIES OF MORE THAN 5,000 POPULATION; ADOPTION
OR AMENDMENT OF CHARTERS; TAXES; DEBT RESTRICTIONS.
Cities having more than fi ve thousand (5000) inhabitants may, by a majority
vote of the qualifi ed voters of said city, at an election held for that purpose,
adopt or amend their charters. If the number of inhabitants of cities that have
adopted or amended their charters under this section is reduced to fi ve thousand
(5000) or fewer, the cities still may amend their charters by a majority vote of
the qualifi ed voters of said city at an election held for that purpose. The adoption
or amendment of charters is subject to such limitations as may be prescribed by
the Legislature, and no charter or any ordinance passed under said charter shall
contain any provision inconsistent with the Constitution of the State, or of the
general laws enacted by the Legislature of this State. Said cities may levy, assess
and collect such taxes as may be authorized by law or by their charters; but no
tax for any purpose shall ever be lawful for any one year, which shall exceed
two and one-half per cent. of the taxable property of such city, and no debt shall
ever be created by any city, unless at the same time provision be made to assess
and collect annually a suffi cient sum to pay the interest thereon and creating a
144
Art. 11 Sec. 6
sinking fund of at least two per cent. thereon. Furthermore, no city charter shall
be altered, amended or repealed oftener than every two years. (Amended Aug. 3,
1909, Nov. 5, 1912, and Nov. 5, 1991.)
Sec. 6. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 6: See Appendix, Note 1.)
Sec. 7. COUNTIES AND CITIES ON GULF OF MEXICO; TAX
FOR SEA WALLS, BREAKWATERS, AND SANITATION; BONDS;
CONDEMNATION OF RIGHT OF WAY. All counties and cities bordering on
the coast of the Gulf of Mexico are hereby authorized upon a vote of the majority
of the qualifi ed voters voting thereon at an election called for such purpose to
levy and collect such tax for construction of sea walls, breakwaters, or sanitary
purposes, as may now or may hereafter be authorized by law, and may create
a debt for such works and issue bonds in evidence thereof. But no debt for
any purpose shall ever be incurred in any manner by any city or county unless
provision is made, at the time of creating the same, for levying and collecting a
suffi cient tax to pay the interest thereon and provide at least two per cent (2%)
as a sinking fund; and the condemnation of the right of way for the erection of
such works shall be fully provided for. (Amended Nov. 8, 1932, Nov. 6, 1973,
and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 7: See
Appendix, Note 3.)
Sec. 8. DONATION OF PORTION OF PUBLIC DOMAIN TO AID IN
CONSTRUCTION OF SEA WALLS OR BREAKWATERS. The counties
and cities on the Gulf Coast being subject to calamitous overfl ows, and a very
large proportion of the general revenue being derived from those otherwise
prosperous localities, the Legislature is especially authorized to aid by donation
of such portion of the public domain as may be deemed proper, and in such mode
as may be provided by law, the construction of sea walls, or breakwaters, such
aid to be proportioned to the extent and value of the works constructed, or to be
constructed, in any locality.
Sec. 9. PROPERTY EXEMPT FROM FORCED SALE AND FROM
TAXATION. The property of counties, cities and towns, owned and held only
for public purposes, such as public buildings and the sites therefor, fi re engines
and the furniture thereof, and all property used, or intended for extinguishing
fi res, public grounds and all other property devoted exclusively to the use and
benefi t of the public shall be exempt from forced sale and from taxation, provided,
nothing herein shall prevent the enforcement of the vendors lien, the mechanics
or builders lien, or other liens now existing.
Sec. 10. (Repealed Aug. 5, 1969.)
Sec. 11. TERM OF OFFICE EXCEEDING TWO YEARS IN HOME
RULE AND GENERAL LAW CITIES; VACANCIES. (a) A Home Rule
City may provide by charter or charter amendment, and a city, town or village
operating under the general laws may provide by majority vote of the qualifi ed
voters voting at an election called for that purpose, for a longer term of offi ce
than two (2) years for its offi cers, either elective or appointive, or both, but not to
exceed four (4) years; provided, however, that tenure under Civil Service shall not
be affected hereby; provided, however, that such offi cers, elective or appointive,
145
Art. 11 Sec. 12
are subject to Section 65(b), Article XVI, of this Constitution, providing for
automatic resignation in certain circumstances, in the same manner as a county
or district offi cer to which that section applies.
(b) A municipality so providing a term exceeding two (2) years but not
exceeding four (4) years for any of its non-civil service offi cers must elect all
of the members of its governing body by majority vote of the qualifi ed voters in
such municipality, and any vacancy or vacancies occurring on such governing
body shall not be fi lled by appointment but must be fi lled by majority vote of the
qualifi ed voters at a special election called for such purpose within one hundred
and twenty (120) days after such vacancy or vacancies occur. (Added Nov. 4,
1958; amended Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for
Sec. 11: See Appendix, Note 3.)
Sec. 12. EXPENDITURES FOR RELOCATION OR REPLACEMENT
OF SANITATION SEWER OR WATER LATERALS ON PRIVATE
PROPERTY. The legislature by general law may authorize a city or town
to expend public funds for the relocation or replacement of sanitation sewer
laterals or water laterals on private property if the relocation or replacement is
done in conjunction with or immediately following the replacement or relocation
of sanitation sewer mains or water mains serving the property. The law must
authorize the city or town to affi x, with the consent of the owner of the private
property, a lien on the property for the cost of relocating or replacing the laterals
on the property and must provide that the cost shall be assessed against the
property with repayment by the property owner to be amortized over a period
not to exceed fi ve years at a rate of interest to be set as provided by the law. The
lien may not be enforced until after fi ve years have expired since the date the lien
was affi xed. (Added Nov. 8, 1983; amended Nov. 5, 1985.)
Sec. 13. CLASSIFICATION OF MUNICIPAL FUNCTIONS.
(a) Notwithstanding any other provision of this constitution, the legislature may
by law defi ne for all purposes those functions of a municipality that are to be
considered governmental and those that are proprietary, including reclassifying
a function’s classifi cation assigned under prior statute or common law.
(b) This section applies to laws enacted by the 70th Legislature, Regular
Session, 1987, and to all subsequent regular or special sessions of the legislature.
(Added Nov. 3, 1987.)
146
Art. 12 Sec. 1
ARTICLE 12
PRIVATE CORPORATIONS
Sec. 1. CREATION BY GENERAL LAWS. No private corporation shall
be created except by general laws.
Sec. 2. GENERAL LAWS TO BE ENACTED; PROTECTION OF
PUBLIC AND STOCKHOLDERS. General laws shall be enacted providing
for the creation of private corporations, and shall therein provide fully for the
adequate protection of the public and of the individual stockholders.
Sec. 3. (Repealed Aug. 5, 1969.)
Sec. 4. (Repealed Aug. 5, 1969.)
Sec. 5. (Repealed Aug. 5, 1969.)
Sec. 6. (Repealed Nov. 2, 1993.)
Sec. 7. (Repealed Aug. 5, 1969.)
147
Art. 13
ARTICLE 13
SPANISH AND MEXICAN LAND TITLES
(Repealed Aug. 5, 1969.)
148
Art. 14 Sec. 1
ARTICLE 14
PUBLIC LANDS AND LAND OFFICE
Sec. 1. GENERAL LAND OFFICE. There shall be one General Land
Offi ce in the State, which shall be at the seat of government, where all land titles
which have emanated or may hereafter emanate from the State shall be registered,
except those titles the registration of which may be prohibited by this Constitution.
It shall be the duty of the Legislature at the earliest practicable time to make the
Land Offi ce self sustaining, and from time to time the Legislature may establish
such subordinate offi ces as may be deemed necessary.
Sec. 2. (Repealed Aug. 5, 1969.)
Sec. 3. (Repealed Aug. 5, 1969.)
Sec. 4. (Repealed Aug. 5, 1969.)
Sec. 5. (Repealed Aug. 5, 1969.)
Sec. 6. (Repealed Aug. 5, 1969.)
Sec. 7. (Repealed Aug. 5, 1969.)
Sec. 8. (Repealed Aug. 5, 1969.)
149
Art. 15 Sec. 1
ARTICLE 15
IMPEACHMENT
Sec. 1. POWER OF IMPEACHMENT. The power of impeachment shall
be vested in the House of Representatives.
Sec. 2. TRIAL OF IMPEACHMENT OF CERTAIN OFFICERS BY
SENATE. Impeachment of the Governor, Lieutenant Governor, Attorney General,
Commissioner of the General Land Offi ce, Comptroller and the Judges of the
Supreme Court, Court of Appeals and District Court shall be tried by the Senate.
(Amended Nov. 7, 1995.)
Sec. 3. OATH OR AFFIRMATION OF SENATORS; CONCURRENCE
OF TWO-THIRDS REQUIRED. When the Senate is sitting as a Court of
Impeachment, the Senators shall be on oath, or affi rmation impartially to try the
party impeached, and no person shall be convicted without the concurrence of
two-thirds of the Senators present.
Sec. 4. JUDGMENT; INDICTMENT, TRIAL, AND PUNISHMENT.
Judgment in cases of impeachment shall extend only to removal from offi ce, and
disqualifi cation from holding any offi ce of honor, trust or profi t under this State.
A party convicted on impeachment shall also be subject to indictment, trial and
punishment according to law.
Sec. 5. SUSPENSION PENDING IMPEACHMENT; PROVISIONAL
APPOINTMENTS. All offi cers against whom articles of impeachment may
be preferred shall be suspended from the exercise of the duties of their offi ce,
during the pendency of such impeachment. The Governor may make a provisional
appointment to fi ll the vacancy occasioned by the suspension of an offi cer until
the decision on the impeachment.
Sec. 6. JUDGES OF DISTRICT COURT; REMOVAL BY SUPREME
COURT. Any judge of the District Courts of the State who is incompetent to
discharge the duties of his offi ce, or who shall be guilty of partiality, or oppression,
or other offi cial misconduct, or whose habits and conduct are such as to render
him unfi t to hold such offi ce, or who shall negligently fail to perform his duties
as judge; or who shall fail to execute in a reasonable measure the business in his
courts, may be removed by the Supreme Court. The Supreme Court shall have
original jurisdiction to hear and determine the causes aforesaid when presented
in writing upon the oaths taken before some judge of a court of record of not
less than ten lawyers, practicing in the courts held by such judge, and licensed
to practice in the Supreme Court; said presentment to be founded either upon
the knowledge of the persons making it or upon the written oaths as to the facts
of creditable witnesses. The Supreme Court may issue all needful process and
prescribe all needful rules to give effect to this section. Causes of this kind shall
have precedence and be tried as soon as practicable.
Sec. 7. REMOVAL OF OFFICERS WHEN MODE NOT PROVIDED
IN CONSTITUTION. The Legislature shall provide by law for the trial and
removal from offi ce of all offi cers of this State, the modes for which have not
been provided in this Constitution.
150
Art. 15 Sec. 8
ADDRESS
Sec. 8. REMOVAL OF JUDGES BY GOVERNOR ON ADDRESS OF
TWO-THIRDS OF EACH HOUSE OF LEGISLATURE. The Judges of
the Supreme Court, Court of Appeals and District Courts, shall be removed by
the Governor on the address of two-thirds of each House of the Legislature, for
wilful neglect of duty, incompetency, habitual drunkenness, oppression in offi ce,
or other reasonable cause which shall not be suffi cient ground for impeachment;
provided, however, that the cause or causes for which such removal shall be
required, shall be stated at length in such address and entered on the journals
of each House; and provided further, that the cause or causes shall be notifi ed
to the judge so intended to be removed, and he shall be admitted to a hearing
in his own defense before any vote for such address shall pass, and in all such
cases, the vote shall be taken by yeas and nays and entered on the journals of
each House respectively.
Sec. 9. REMOVAL OF PUBLIC OFFICER BY GOVERNOR WITH
ADVICE AND CONSENT OF SENATE. (a) In addition to the other procedures
provided by law for removal of public offi cers, the governor who appoints an
offi cer may remove the offi cer with the advice and consent of two-thirds of the
members of the senate present.
(b) If the legislature is not in session when the governor desires to remove
an offi cer, the governor shall call a special session of the senate for consideration
of the proposed removal. The session may not exceed two days in duration.
(Added Nov. 4, 1980.)
151
Art. 16 Sec. 1
ARTICLE 16
GENERAL PROVISIONS
Sec. 1. OFFICIAL OATH. (a) All elected and appointed offi cers, before
they enter upon the duties of their offi ces, shall take the following Oath or
Affi rmation:
“I, _______________________, do solemnly swear (or affi rm), that I will
faithfully execute the duties of the offi ce of ___________________ of the State
of Texas, and will to the best of my ability preserve, protect, and defend the
Constitution and laws of the United States and of this State, so help me God.”
(b) All elected or appointed offi cers, before taking the Oath or Affi rmation
of offi ce prescribed by this section and entering upon the duties of offi ce, shall
subscribe to the following statement:
“I, _______________________, do solemnly swear (or affi rm) that I have
not directly or indirectly paid, offered, promised to pay, contributed, or promised
to contribute any money or thing of value, or promised any public offi ce or
employment for the giving or withholding of a vote at the election at which I was
elected or as a reward to secure my appointment or confi rmation, whichever the
case may be, so help me God.”
(c) Members of the Legislature, the Secretary of State, and all other elected
and appointed state offi cers shall fi le the signed statement required by Subsection
(b) of this section with the Secretary of State before taking the Oath or Affi rmation
of offi ce prescribed by Subsection (a) of this section. All other offi cers shall
retain the signed statement required by Subsection (b) of this section with the
offi cial records of the offi ce. (Amended Nov. 8, 1938, and Nov. 6, 1956; Subsecs.
(a)-(c) amended and (d)-(f) added Nov. 7, 1989; Subsecs. (a) and (b) amended,
Subsecs. (c) and (d) deleted, and Subsecs. (e) and (f) amended and redesignated
as Subsec. (c) Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for
Sec. 1: See Appendix, Note 3.)
Sec. 2. EXCLUSIONS FROM OFFICE, JURY SERVICE AND RIGHT
OF SUFFRAGE; PROTECTION OF RIGHT OF SUFFRAGE. Laws shall
be made to exclude from offi ce persons who have been convicted of bribery,
perjury, forgery, or other high crimes. (Amended Nov. 6, 2001.) (TEMPORARY
TRANSITION PROVISION for Sec. 2: See Appendix, Note 3.)
Sec. 3. (Repealed Aug. 5, 1969.)
Sec. 4. (Repealed Aug. 5, 1969.)
Sec. 5. DISQUALIFICATION TO HOLD OFFICE BY GIVING OR
OFFERING BRIBE. Every person shall be disqualifi ed from holding any offi ce
of profi t, or trust, in this State, who shall have been convicted of having given or
offered a bribe to procure his election or appointment.
Sec. 6. APPROPRIATIONS FOR PRIVATE PURPOSES; STATE
PARTICIPATION IN PROGRAMS FINANCED WITH PRIVATE OR
FEDERAL FUNDS FOR REHABILITATION OF BLIND, CRIPPLED,
OR PHYSICALLY OR MENTALLY HANDICAPPED PERSONS. (a) No
appropriation for private or individual purposes shall be made, unless authorized
152
Art. 16 Sec. 7
by this Constitution. A regular statement, under oath, and an account of the
receipts and expenditures of all public money shall be published annually, in
such manner as shall be prescribed by law.
(b) State agencies charged with the responsibility of providing services to
those who are blind, crippled, or otherwise physically or mentally handicapped
may accept money from private or federal sources, designated by the private or
federal source as money to be used in and establishing and equipping facilities
for assisting those who are blind, crippled, or otherwise physically or mentally
handicapped in becoming gainfully employed, in rehabilitating and restoring the
handicapped, and in providing other services determined by the state agency to be
essential for the better care and treatment of the handicapped. Money accepted
under this subsection is state money. State agencies may spend money accepted
under this subsection, and no other money, for specifi c programs and projects to
be conducted by local level or other private, nonsectarian associations, groups,
and nonprofi t organizations, in establishing and equipping facilities for assisting
those who are blind, crippled, or otherwise physically or mentally handicapped
in becoming gainfully employed, in rehabilitating and restoring the handicapped,
and in providing other services determined by the state agency to be essential for
the better care or treatment of the handicapped.
The state agencies may deposit money accepted under this subsection either in
the state treasury or in other secure depositories. The money may not be expended
for any purpose other than the purpose for which it was given. Notwithstanding
any other provision of this Constitution, the state agencies may expend money
accepted under this subsection without the necessity of an appropriation,
unless the Legislature, by law, requires that the money be expended only on
appropriation. The Legislature may prohibit state agencies from accepting money
under this subsection or may regulate the amount of money accepted, the way
the acceptance and expenditure of the money is administered, and the purposes
for which the state agencies may expend the money. Money accepted under this
subsection for a purpose prohibited by the Legislature shall be returned to the
entity that gave the money.
This subsection does not prohibit state agencies authorized to render services
to the handicapped from contracting with privately-owned or local facilities
for necessary and essential services, subject to such conditions, standards, and
procedures as may be prescribed by law. (Amended Nov. 8, 1966.)
Sec. 7. (Repealed Aug. 5, 1969.)
Sec. 8. (Redesignated as Sec. 14, Art. IX, Nov. 6, 2001.) (TEMPORARY
TRANSITION PROVISION for Sec. 8: See Appendix, Note 3.)
Sec. 9. FORFEITURE OF RESIDENCE BY ABSENCE ON PUBLIC
BUSINESS. Absence on business of the State, or of the United States, shall not
forfeit a residence once obtained, so as to deprive any one of the right of suffrage,
or of being elected or appointed to any offi ce under the exceptions contained in
this Constitution.
Sec. 10. DEDUCTIONS FROM SALARY FOR NEGLECT OF DUTY.
The Legislature shall provide for deductions from the salaries of public offi cers
who may neglect the performance of any duty that may be assigned them by law.
153
Art. 16 Sec. 11
Sec. 11. USURY; RATE OF INTEREST IN ABSENCE OF
LEGISLATION. The Legislature shall have authority to defi ne interest and
fi x maximum rates of interest; provided, however, in the absence of legislation
fi xing maximum rates of interest all contracts for a greater rate of interest than
ten per centum (10%) per annum shall be deemed usurious; provided, further,
that in contracts where no rate of interest is agreed upon, the rate shall not exceed
six per centum (6%) per annum. (Amended Aug. 11, 1891, Nov. 8, 1960, and
Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 11: See
Appendix, Note 3.)
Sec. 12. MEMBERS OF CONGRESS; OFFICERS OF UNITED
STATES OR FOREIGN POWER; INELIGIBILITY TO HOLD OFFICE.
No member of Congress, nor person holding or exercising any offi ce of profi t
or trust, under the United States, or either of them, or under any foreign power,
shall be eligible as a member of the Legislature, or hold or exercise any offi ce
of profi t or trust under this State.
Sec. 13. UNOPPOSED CANDIDATE FOR OFFICE. For an offi ce for
which this constitution requires an election, the legislature may provide by general
law for a person to take the offi ce without an election if the person is the only
candidate to qualify in an election to be held for that offi ce. (Former Sec. 13
repealed Aug. 5, 1969; current Sec. 13 added Sept. 13, 2003.)
Sec. 13A. UNOPPOSED CANDIDATE FOR OFFICE OF POLITICAL
SUBDIVISION. For an offi ce of a political subdivision for which this constitution
requires an election, the legislature may provide by general law for a person to
assume the offi ce without an election if the person is the only candidate to qualify
in an election to be held for that offi ce. (Added Sept. 13, 2003.)
Sec. 14. CIVIL OFFICERS; RESIDENCE; LOCATION OF OFFICES.
All civil offi cers shall reside within the State; and all district or county offi cers
within their districts or counties, and shall keep their offi ces at such places as
may be required by law; and failure to comply with this condition shall vacate
the offi ce so held.
Sec. 15. SEPARATE AND COMMUNITY PROPERTY. All property,
both real and personal, of a spouse owned or claimed before marriage, and that
acquired afterward by gift, devise or descent, shall be the separate property of that
spouse; and laws shall be passed more clearly defi ning the rights of the spouses,
in relation to separate and community property; provided that persons about to
marry and spouses, without the intention to defraud pre-existing creditors, may
by written instrument from time to time partition between themselves all or part
of their property, then existing or to be acquired, or exchange between themselves
the community interest of one spouse or future spouse in any property for the
community interest of the other spouse or future spouse in other community
property then existing or to be acquired, whereupon the portion or interest set
aside to each spouse shall be and constitute a part of the separate property and
estate of such spouse or future spouse; spouses also may from time to time, by
written instrument, agree between themselves that the income or property from
all or part of the separate property then owned or which thereafter might be
acquired by only one of them, shall be the separate property of that spouse; if
154
Art. 16 Sec. 16
one spouse makes a gift of property to the other that gift is presumed to include
all the income or property which might arise from that gift of property; spouses
may agree in writing that all or part of their community property becomes the
property of the surviving spouse on the death of a spouse; and spouses may agree
in writing that all or part of the separate property owned by either or both of
them shall be the spouses’ community property. (Amended Nov. 2, 1948, Nov.
4, 1980, Nov. 3, 1987, and Nov. 2, 1999.)
Sec. 16. CORPORATIONS WITH BANKING AND DISCOUNTING
PRIVILEGES. (a) The Legislature shall by general laws, authorize the
incorporation of state banks and savings and loan associations and shall provide
for a system of State supervision, regulation and control of such bodies which
will adequately protect and secure the depositors and creditors thereof.
No state bank shall be chartered until all of the authorized capital stock has
been subscribed and paid in full in cash. Except as may be permitted by the
Legislature pursuant to Subsections (b), (d), and (e) of this Section 16, a state
bank shall not be authorized to engage in business at more than one place which
shall be designated in its charter; however, this restriction shall not apply to any
other type of fi nancial institution chartered under the laws of this state.
No foreign corporation, other than the national banks of the United States
domiciled in this State, shall be permitted to exercise banking or discounting
privileges in this State.
(b) If it fi nds that the convenience of the public will be served thereby, the
Legislature may authorize State and national banks to establish and operate
unmanned teller machines within the county or city of their domicile. Such
machines may perform all banking functions. Banks which are domiciled within
a city lying in two or more counties may be permitted to establish and operate
unmanned teller machines within both the city and the county of their domicile.
The Legislature shall provide that a bank shall have the right to share in the use
of these teller machines, not situated at a banking house, which are located within
the county or the city of the bank’s domicile, on a reasonable, nondiscriminatory
basis, consistent with anti-trust laws. Banks may share the use of such machines
within the county or city of their domicile with savings and loan associations and
credit unions which are domiciled in the same county or city.
(c) A state bank created by virtue of the power granted by this section,
notwithstanding any other provision of this section, has the same rights and
privileges that are or may be granted to national banks of the United States
domiciled in this State.
(d) The Legislature may authorize a state bank or national bank of the United
States domiciled in this State to engage in business at more than one place if it
does so through the purchase and assumption of certain assets and liabilities of
a failed state bank or a failed national bank of the United States domiciled in
this State.
(e) The Legislature shall authorize a state bank or national bank of the
United States domiciled in this State to establish and operate banking facilities
at locations within the county or city of its domicile, subject to limitations the
155
Art. 16 Sec. 17
Legislature imposes. The Legislature may permit a bank domiciled within a
city located in two or more counties to establish and operate branches within
both the city and the county of its domicile, subject to limitations the Legislature
imposes.
(f) A bank may not be considered a branch or facility of another bank solely
because it is owned or controlled by the same stockholders as the other bank,
has common accounting and administrative systems with the other bank, or has
a name similar to the other bank’s or because of a combination of those factors.
(Amended Nov. 8, 1904, and Aug. 23, 1937; Subsecs. (a) and (b) amended Nov.
4, 1980; Subsec. (c) added Nov. 6, 1984; Subsecs. (a) and (c) amended and (d)-(f)
added Nov. 4, 1986.)
Sec. 17. OFFICERS TO SERVE UNTIL SUCCESSORS QUALIFIED.
All offi cers within this State shall continue to perform the duties of their offi ces
until their successors shall be duly qualifi ed.
Sec. 18. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 18: See Appendix, Note 1.)
Sec. 19. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 19: See Appendix, Note 3.)
Sec. 20. MIXED ALCOHOLIC BEVERAGES; INTOXICATING
LIQUORS; WINES; REGULATION; LOCAL OPTION. (a) The Legislature
shall have the power to enact a Mixed Beverage Law regulating the sale of mixed
alcoholic beverages on a local option election basis. The Legislature shall also
have the power to regulate the manufacture, sale, possession and transportation
of intoxicating liquors, including the power to establish a State Monopoly on
the sale of distilled liquors.
Should the Legislature enact any enabling laws in anticipation of this
amendment, no such law shall be void by reason of its anticipatory nature.
(b) The Legislature shall enact a law or laws whereby the qualifi ed voters
of any county, justice’s precinct or incorporated town or city, may, by a majority
vote of those voting, determine from time to time whether the sale of intoxicating
liquors for beverage purposes shall be prohibited or legalized within the prescribed
limits; and such laws shall contain provisions for voting on the sale of intoxicating
liquors of various types and various alcoholic content.
(c) In all counties, justice’s precincts or incorporated towns or cities wherein
the sale of intoxicating liquors had been prohibited by local option elections held
under the laws of the State of Texas and in force at the time of the taking effect
of Section 20, Article XVI of the Constitution of Texas, it shall continue to be
unlawful to manufacture, sell, barter or exchange in any such county, justice’s
precinct or incorporated town or city, any spirituous, vinous or malt liquors or
medicated bitters capable of producing intoxication or any other intoxicants
whatsoever, for beverage purposes, unless and until a majority of the qualifi ed
voters in such county or political subdivision thereof voting in an election held
for such purpose shall determine such to be lawful; provided that this subsection
shall not prohibit the sale of alcoholic beverages containing not more than 3.2
156
Art. 16 Sec. 21
per cent alcohol by weight in cities, counties or political subdivisions thereof in
which the qualifi ed voters have voted to legalize such sale under the provisions
of Chapter 116, Acts of the Regular Session of the 43rd Legislature.
(d) The legislature may enact laws and direct the Alcoholic Beverage
Commission or its successor to set policies for all wineries in this state, regardless
of whether the winery is located in an area in which the sale of wine has or has not
been authorized by local option election, for the manufacturing of wine, including
the on-premises selling of wine to the ultimate consumer for consumption on or
off the winery premises, the buying of wine from or the selling of wine to any
other person authorized under general law to purchase and sell wine in this state,
and the dispensing of wine without charge, for tasting purposes, for consumption
on the winery premises, and for any purpose to promote the wine industry in this
state. (Amended Aug. 11, 1891, May 24, 1919, Aug. 26, 1933, Aug. 24, 1935,
and Nov. 3, 1970; Subsec. (d) added Sept. 13, 2003.)
Sec. 21. PUBLIC PRINTING AND BINDING; REPAIRS AND
FURNISHINGS; CONTRACTS. All stationery, printing, fuel used in the
legislature and departments of the government other than the judicial department,
printing and binding of the laws, journals, and department reports, and all other
printing and binding and the repairing and furnishing of the halls and rooms
used during meetings of the legislature and in committees, except proclamations
and such products and services as may be done by handicapped individuals
employed in nonprofi t rehabilitation facilities providing sheltered employment
to the handicapped in Texas, shall be performed under contract, to be given to the
lowest responsible bidder, below such maximum price and under such regulations
as shall be prescribed by law. No member or offi cer of any department of the
government shall in any way have a fi nancial interest in such contracts, and all
such contracts or programs involving the state use of the products and services
of handicapped individuals shall be subject to such requirements as might be
established by the legislature. (Amended Nov. 7, 1978.)
Sec. 22. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 22: See Appendix, Note 3.)
Sec. 23. REGULATION OF LIVE STOCK; PROTECTION OF STOCK
RAISERS; INSPECTIONS; BRANDS. The Legislature may pass laws for the
regulation of live stock and the protection of stock raisers in the stock raising
portion of the State, and exempt from the operation of such laws other portions,
sections, or counties; and shall have power to pass general and special laws for
the inspection of cattle, stock and hides and for the regulation of brands; provided,
that any local law thus passed shall be submitted to the qualifi ed voters of the
section to be affected thereby, and approved by them, before it shall go into effect.
(Amended Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec.
23: See Appendix, Note 3.)
Sec. 24. ROADS AND BRIDGES. The Legislature shall make provision for
laying out and working public roads, for the building of bridges, and for utilizing
fi nes, forfeitures, and convict labor to all these purposes.
Sec. 25. DRAWBACKS AND REBATEMENT TO CARRIERS,
SHIPPERS, MERCHANTS, ETC. That all drawbacks and rebatement of
157
Art. 16 Sec. 26
insurance, freight, transportation, carriage, wharfage, storage, compressing,
baling, repairing, or for any other kind of labor or service of, or to any cotton,
grain, or any other produce or article of commerce in this State, paid or allowed or
contracted for, to any common carrier, shipper, merchant, commission merchant,
factor, agent, or middleman of any kind, not the true and absolute owner thereof,
are forever prohibited, and it shall be the duty of the Legislature to pass effective
laws punishing all persons in this State who pay, receive or contract for, or
respecting the same.
Sec. 26. HOMICIDE; LIABILITY IN DAMAGES. Every person,
corporation, or company, that may commit a homicide, through wilful act, or
omission, or gross neglect, shall be responsible, in exemplary damages, to the
surviving husband, widow, heirs of his or her body, or such of them as there
may be, without regard to any criminal proceeding that may or may not be had
in relation to the homicide.
Sec. 27. VACANCIES FILLED FOR UNEXPIRED TERM. In all
elections to fi ll vacancies of offi ce in this State, it shall be to fi ll the unexpired
term only.
Sec. 28. GARNISHMENT OF WAGES. No current wages for personal
service shall ever be subject to garnishment, except for the enforcement of
court-ordered:
(1) child support payments; or
(2) spousal maintenance. (Amended Nov. 8, 1983, and Nov. 2, 1999.)
Sec. 29. (Repealed Aug. 5, 1969.)
Sec. 30. DURATION OF OFFICES; RAILROAD COMMISSION.
(a) The duration of all offi ces not fi xed by this Constitution shall never exceed
two years.
(b) When a Railroad Commission is created by law it shall be composed
of three Commissioners who shall be elected by the people at a general election
for State offi cers, and their terms of offi ce shall be six years. And one Railroad
Commissioner shall be elected every two years. In case of vacancy in said offi ce
the Governor of the State shall fi ll said vacancy by appointment until the next
general election.
(c) The Legislature may provide that members of the governing board of
a district or authority created by authority of Article III, Section 52(b)(1) or (2),
or Article XVI, Section 59, of this Constitution serve terms not to exceed four
years.
(d) The Legislature by general or special law may provide that members
of the governing board of a hospital district serve terms not to exceed four
years. (Amended Nov. 6, 1894, and Nov. 2, 1982; Subsec. (d) added Nov. 7,
1989; Subsec. (b) amended Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 30: See Appendix, Note 1.)
Sec. 30a. MEMBERS OF BOARDS; TERMS OF OFFICE. The
Legislature may provide by law that the Board of Regents of the State University
and boards of trustees or managers of the educational, eleemosynary, and penal
158
Art. 16 Sec. 30b
institutions of the State, and such boards as have been, or may hereafter be
established by law, may be composed of an odd number of three or more members
who serve for a term of six (6) years, with one-third, or as near as one-third as
possible, of the members of such boards to be elected or appointed every two
(2) years in such manner as the Legislature may determine; vacancies in such
offi ces to be fi lled as may be provided by law, and the Legislature shall enact
suitable laws to give effect to this section. The Legislature may provide by law
that a board required by this constitution be composed of members of any number
divisible by three (3) who serve for a term of six (6) years, with one-third of
the members elected or appointed every two (2) years. (Added Nov. 5, 1912;
amended Nov. 2, 1999.)
Sec. 30b. CIVIL SERVICE OFFICES; DURATION. Wherever by virtue
of Statute or charter provisions appointive offi ces of any municipality are placed
under the terms and provisions of Civil Service and rules are set up governing
appointment to and removal from such offi ces, the provisions of Article 16,
Section 30, of the Texas Constitution limiting the duration of all offi ces not fi xed
by the Constitution to two (2) years shall not apply, but the duration of such
offi ces shall be governed by the provisions of the Civil Service law or charter
provisions applicable thereto. (Added Nov. 5, 1940.)
Sec. 31. PRACTITIONERS OF MEDICINE. The Legislature may pass
laws prescribing the qualifi cations of practitioners of medicine in this State, and
to punish persons for mal-practice, but no preference shall ever be given by law
to any schools of medicine.
Sec. 32. (Repealed Aug. 5, 1969.)
Sec. 33. SALARY OR COMPENSATION PAYMENTS TO PERSONS
HOLDING MORE THAN ONE OFFICE. The accounting offi cers in this
State shall neither draw nor pay a warrant or check on funds of the State of Texas,
whether in the treasury or otherwise, to any person for salary or compensation
who holds at the same time more than one civil offi ce of emolument, in violation
of Section 40. (Amended Nov. 2, 1926, Nov. 8, 1932, Nov. 11, 1967, and Nov.
7, 1972.)
Sec. 34. (Repealed Aug. 5, 1969.)
Sec. 35. (Repealed Aug. 5, 1969.)
Sec. 36. (Repealed Aug. 5, 1969.)
Sec. 37. LIENS OF MECHANICS, ARTISANS, AND MATERIAL MEN.
Mechanics, artisans and material men, of every class, shall have a lien upon the
buildings and articles made or repaired by them for the value of their labor done
thereon, or material furnished therefor; and the Legislature shall provide by law
for the speedy and effi cient enforcement of said liens.
Sec. 38. (Repealed Aug. 5, 1969.)
Sec. 39. APPROPRIATIONS FOR HISTORICAL MEMORIALS. The
Legislature may, from time to time, make appropriations for preserving and
perpetuating memorials of the history of Texas, by means of monuments, statues,
paintings and documents of historical value.
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Art. 16 Sec. 40
Sec. 40. HOLDING MORE THAN ONE OFFICE; EXCEPTIONS;
RIGHT TO VOTE. (a) No person shall hold or exercise at the same time, more
than one civil offi ce of emolument, except that of Justice of the Peace, County
Commissioner, Notary Public and Postmaster, Offi cer of the National Guard, the
National Guard Reserve, and the Offi cers Reserve Corps of the United States
and enlisted men of the National Guard, the National Guard Reserve, and the
Organized Reserves of the United States, and retired offi cers of the United States
Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired warrant
offi cers, and retired enlisted men of the United States Army, Air Force, Navy,
Marine Corps, and Coast Guard, and the offi cers and directors of soil and water
conservation districts, unless otherwise specially provided herein. Provided, that
nothing in this Constitution shall be construed to prohibit an offi cer or enlisted
man of the National Guard, and the National Guard Reserve, or an offi cer in the
Offi cers Reserve Corps of the United States, or an enlisted man in the Organized
Reserves of the United States, or retired offi cers of the United States Army, Air
Force, Navy, Marine Corps, and Coast Guard, and retired warrant offi cers, and
retired enlisted men of the United States Army, Air Force, Navy, Marine Corps,
and Coast Guard, and offi cers of the State soil and water conservation districts,
from holding at the same time any other offi ce or position of honor, trust or profi t,
under this State or the United States, or from voting at any election, general,
special or primary in this State when otherwise qualifi ed.
(b) State employees or other individuals who receive all or part of their
compensation either directly or indirectly from funds of the State of Texas and
who are not State offi cers, shall not be barred from serving as members of the
governing bodies of school districts, cities, towns, or other local governmental
districts. Such State employees or other individuals may not receive a salary for
serving as members of such governing bodies, except that:
(1) a schoolteacher, retired schoolteacher, or retired school administrator
may receive compensation for serving as a member of a governing body of a
school district, city, town, or local governmental district, including a water district
created under Section 59, Article XVI, or Section 52, Article III; and
(2) a faculty member or retired faculty member of a public institution
of higher education may receive compensation for serving as a member of a
governing body of a water district created under Section 59 of this article or
under Section 52, Article III, of this constitution.
(c) It is further provided that a nonelective State offi cer may hold other
nonelective offi ces under the State or the United States, if the other offi ce is
of benefi t to the State of Texas or is required by the State or Federal law, and
there is no confl ict with the original offi ce for which he receives salary or
compensation.
(d) No member of the Legislature of this State may hold any other offi ce or
position of profi t under this State, or the United States, except as a notary public
if qualifi ed by law. (Amended Nov. 2, 1926, Nov. 8, 1932, Nov. 7, 1972, Nov.
6, 2001, and Sept. 13, 2003.)
Sec. 41. BRIBERY AND ACCEPTANCE OF BRIBES. Any person who
shall, directly or indirectly, offer, give, or promise, any money or thing of value,
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Art. 16 Sec. 42
testimonial, privilege or personal advantage, to any executive or judicial offi cer
or member of the Legislature to infl uence him in the performance of any of his
public or offi cial duties, shall be guilty of bribery, and be punished in such manner
as shall be provided by law. And any member of the Legislature or executive or
judicial offi cer who shall solicit, demand or receive, or consent to receive, directly
or indirectly, for himself, or for another, from any company, corporation or person,
any money, appointment, employment, testimonial, reward, thing of value or
employment, or of personal advantage or promise thereof, for his vote or offi cial
infl uence, or for withholding the same, or with any understanding, expressed or
implied, that his vote or offi cial action shall be in any way infl uenced thereby,
or who shall solicit, demand and receive any such money or other advantage
matter or thing aforesaid for another, as the consideration of his vote or offi cial
infl uence, in consideration of the payment or promise of such money, advantage,
matter or thing to another, shall be held guilty of bribery, within the meaning of
the Constitution, and shall incur the disabilities provided for said offenses, with
a forfeiture of the offi ce they may hold, and such other additional punishment as
is or shall be provided by law.
Sec. 42. (Repealed Aug. 5, 1969.)
Sec. 43. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 43: See Appendix, Note 3.)
Sec. 44. COUNTY TREASURER AND COUNTY SURVEYOR.
(a) Except as otherwise provided by this section, the Legislature shall prescribe
the duties and provide for the election by the qualifi ed voters of each county in
this State, of a County Treasurer and a County Surveyor, who shall have an offi ce
at the county seat, and hold their offi ce for four years, and until their successors
are qualifi ed; and shall have such compensation as may be provided by law.
(b) The offi ce of County Treasurer or County Surveyor does not exist in
those counties in which the offi ce has been abolished pursuant to constitutional
amendment or pursuant to the authority of Subsection (c) of this section.
(c) The Commissioners Court of a county may call an election to abolish
the offi ce of County Surveyor in the county. The offi ce of County Surveyor in
the county is abolished if a majority of the voters of the county voting on the
question at that election approve the abolition. If an election is called under this
subsection, the Commissioners Court shall order the ballot for the election to be
printed to provide for voting for or against the proposition: “Abolishing the offi ce
of county surveyor of this county.” If the offi ce of County Surveyor is abolished
under this subsection, the maps, fi eld notes, and other records in the custody of
the County Surveyor are transferred to the county offi cer or employee designated
by the Commissioners Court of the county in which the offi ce is abolished, and
the Commissioners Court may from time to time change its designation as it
considers appropriate. (Amended Nov. 2, 1954; Subsec. (a) amended and (b)
and (c) added Nov. 2, 1982; Subsec. (a) amended and (b)(1) added Nov. 6, 1984;
Subsecs. (a)-(c) amended and (d)-(f) added Nov. 5, 1985; Subsecs. (c) and (d)
amended and (f) and (g) added Nov. 3, 1987; Subsec. (f) added Nov. 7, 1989;
Subsec. (e) amended and two Subsecs. (h) added Nov. 2, 1993; Subsec. (h), as
added by Acts 1993, 73rd Leg., R.S., H.J.R. 21, relating to the offi ce of County
161
Art. 16 Sec. 45
Surveyor in Jackson County, repealed Nov. 4, 1997; Subsec. (b) amended,
Subsecs. (c)-(g) deleted, and Subsec. (h), as added by Acts 1993, 73rd Leg., R.S.,
H.J.R. 37, relating to abolition of the offi ce of County Surveyor, redesignated as
Subsec. (c) Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for
Sec. 44: See Appendix, Note 1.)
Sec. 45. (Repealed Aug. 5, 1969.)
Sec. 46. (Repealed Aug. 5, 1969.)
Sec. 47. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 47: See Appendix, Note 1.)
Sec. 48. EXISTING LAWS TO CONTINUE IN FORCE. All laws and
parts of laws now in force in the State of Texas, which are not repugnant to the
Constitution of the United States, or to this Constitution, shall continue and
remain in force as the laws of this State, until they expire by their own limitation
or shall be amended or repealed by the Legislature.
Sec. 49. PROTECTION OF PERSONAL PROPERTY FROM FORCED
SALE. The Legislature shall have power, and it shall be its duty, to protect by
law from forced sale a certain portion of the personal property of all heads of
families, and also of unmarried adults, male and female.
Sec. 50. HOMESTEAD; PROTECTION FROM FORCED SALE;
MORTGAGES, TRUST DEEDS, AND LIENS. (a) The homestead of a family,
or of a single adult person, shall be, and is hereby protected from forced sale, for
the payment of all debts except for:
(1) the purchase money thereof, or a part of such purchase money;
(2) the taxes due thereon;
(3) an owelty of partition imposed against the entirety of the property by
a court order or by a written agreement of the parties to the partition, including
a debt of one spouse in favor of the other spouse resulting from a division or an
award of a family homestead in a divorce proceeding;
(4) the refi nance of a lien against a homestead, including a federal tax
lien resulting from the tax debt of both spouses, if the homestead is a family
homestead, or from the tax debt of the owner;
(5) work and material used in constructing new improvements thereon, if
contracted for in writing, or work and material used to repair or renovate existing
improvements thereon if:
(A) the work and material are contracted for in writing, with the consent of
both spouses, in the case of a family homestead, given in the same manner as is
required in making a sale and conveyance of the homestead;
(B) the contract for the work and material is not executed by the owner or the
owner’s spouse before the fi fth day after the owner makes written application for
any extension of credit for the work and material, unless the work and material are
necessary to complete immediate repairs to conditions on the homestead property
that materially affect the health or safety of the owner or person residing in the
homestead and the owner of the homestead acknowledges such in writing;
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Art. 16 Sec. 50
(C) the contract for the work and material expressly provides that the
owner may rescind the contract without penalty or charge within three days
after the execution of the contract by all parties, unless the work and material are
necessary to complete immediate repairs to conditions on the homestead property
that materially affect the health or safety of the owner or person residing in the
homestead and the owner of the homestead acknowledges such in writing; and
(D) the contract for the work and material is executed by the owner and the
owner’s spouse only at the offi ce of a third-party lender making an extension of
credit for the work and material, an attorney at law, or a title company;
(6) an extension of credit that:
(A) is secured by a voluntary lien on the homestead created under a written
agreement with the consent of each owner and each owner’s spouse;
(B) is of a principal amount that when added to the aggregate total of
the outstanding principal balances of all other indebtedness secured by valid
encumbrances of record against the homestead does not exceed 80 percent of the
fair market value of the homestead on the date the extension of credit is made;
(C) is without recourse for personal liability against each owner and the
spouse of each owner, unless the owner or spouse obtained the extension of
credit by actual fraud;
(D) is secured by a lien that may be foreclosed upon only by a court
order;
(E) does not require the owner or the owner’s spouse to pay, in addition to
any interest, fees to any person that are necessary to originate, evaluate, maintain,
record, insure, or service the extension of credit that exceed, in the aggregate,
three percent of the original principal amount of the extension of credit;
(F) is not a form of open-end account that may be debited from time to time
or under which credit may be extended from time to time unless the open-end
account is a home equity line of credit;
(G) is payable in advance without penalty or other charge;
(H) is not secured by any additional real or personal property other than
the homestead;
(I) is not secured by homestead property that on the date of closing is
designated for agricultural use as provided by statutes governing property tax,
unless such homestead property is used primarily for the production of milk;
(J) may not be accelerated because of a decrease in the market value of the
homestead or because of the owner’s default under other indebtedness not secured
by a prior valid encumbrance against the homestead;
(K) is the only debt secured by the homestead at the time the extension
of credit is made unless the other debt was made for a purpose described by
Subsections (a)(1)-(a)(5) or Subsection (a)(8) of this section;
(L) is scheduled to be repaid:
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Art. 16 Sec. 50
(i) in substantially equal successive periodic installments, not more often than
every 14 days and not less often than monthly, beginning no later than two months
from the date the extension of credit is made, each of which equals or exceeds
the amount of accrued interest as of the date of the scheduled installment; or
(ii) if the extension of credit is a home equity line of credit, in periodic
payments described under Subsection (t)(8) of this section;
(M) is closed not before:
(i) the 12th day after the later of the date that the owner of the homestead
submits a loan application to the lender for the extension of credit or the date
that the lender provides the owner a copy of the notice prescribed by Subsection
(g) of this section;
(ii) one business day after the date that the owner of the homestead receives
a copy of the loan application if not previously provided and a fi nal itemized
disclosure of the actual fees, points, interest, costs, and charges that will be
charged at closing. If a bona fi de emergency or another good cause exists and
the lender obtains the written consent of the owner, the lender may provide
the documentation to the owner or the lender may modify previously provided
documentation on the date of closing; and
(iii) the fi rst anniversary of the closing date of any other extension of credit
described by Subsection (a)(6) of this section secured by the same homestead
property, except a refi nance described by Paragraph (Q)(x)(f) of this subdivision,
unless the owner on oath requests an earlier closing due to a state of emergency
that:
(a) has been declared by the president of the United States or the governor
as provided by law; and
(b) applies to the area where the homestead is located;
(N) is closed only at the offi ce of the lender, an attorney at law, or a title
company;
(O) permits a lender to contract for and receive any fi xed or variable rate of
interest authorized under statute;
(P) is made by one of the following that has not been found by a federal
regulatory agency to have engaged in the practice of refusing to make loans
because the applicants for the loans reside or the property proposed to secure
the loans is located in a certain area:
(i) a bank, savings and loan association, savings bank, or credit union doing
business under the laws of this state or the United States;
(ii) a federally chartered lending instrumentality or a person approved as a
mortgagee by the United States government to make federally insured loans;
(iii) a person licensed to make regulated loans, as provided by statute of
this state;
(iv) a person who sold the homestead property to the current owner and who
provided all or part of the fi nancing for the purchase;
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Art. 16 Sec. 50
(v) a person who is related to the homestead property owner within the
second degree of affi nity or consanguinity; or
(vi) a person regulated by this state as a mortgage broker; and
(Q) is made on the condition that:
(i) the owner of the homestead is not required to apply the proceeds of the
extension of credit to repay another debt except debt secured by the homestead
or debt to another lender;
(ii) the owner of the homestead not assign wages as security for the extension
of credit;
(iii) the owner of the homestead not sign any instrument in which blanks
relating to substantive terms of agreement are left to be fi lled in;
(iv) the owner of the homestead not sign a confession of judgment or power
of attorney to the lender or to a third person to confess judgment or to appear for
the owner in a judicial proceeding;
(v) at the time the extension of credit is made, the owner of the homestead
shall receive a copy of the fi nal loan application and all executed documents
signed by the owner at closing related to the extension of credit;
(vi) the security instruments securing the extension of credit contain a
disclosure that the extension of credit is the type of credit defi ned by Section
50(a)(6), Article XVI, Texas Constitution;
(vii) within a reasonable time after termination and full payment of the
extension of credit, the lender cancel and return the promissory note to the owner
of the homestead and give the owner, in recordable form, a release of the lien
securing the extension of credit or a copy of an endorsement and assignment of
the lien to a lender that is refi nancing the extension of credit;
(viii) the owner of the homestead and any spouse of the owner may, within
three days after the extension of credit is made, rescind the extension of credit
without penalty or charge;
(ix) the owner of the homestead and the lender sign a written acknowledgment
as to the fair market value of the homestead property on the date the extension
of credit is made;
(x) except as provided by Subparagraph (xi) of this paragraph, the lender
or any holder of the note for the extension of credit shall forfeit all principal and
interest of the extension of credit if the lender or holder fails to comply with the
lender’s or holder’s obligations under the extension of credit and fails to correct
the failure to comply not later than the 60th day after the date the lender or holder
is notifi ed by the borrower of the lender’s failure to comply by:
(a) paying to the owner an amount equal to any overcharge paid by the owner
under or related to the extension of credit if the owner has paid an amount that
exceeds an amount stated in the applicable Paragraph (E), (G), or (O) of this
subdivision;
(b) sending the owner a written acknowledgement that the lien is valid only in
the amount that the extension of credit does not exceed the percentage described
165
Art. 16 Sec. 50
by Paragraph (B) of this subdivision, if applicable, or is not secured by property
described under Paragraph (H) or (I) of this subdivision, if applicable;
(c) sending the owner a written notice modifying any other amount,
percentage, term, or other provision prohibited by this section to a permitted
amount, percentage, term, or other provision and adjusting the account of the
borrower to ensure that the borrower is not required to pay more than an amount
permitted by this section and is not subject to any other term or provision
prohibited by this section;
(d) delivering the required documents to the borrower if the lender fails to
comply with Subparagraph (v) of this paragraph or obtaining the appropriate
signatures if the lender fails to comply with Subparagraph (ix) of this
paragraph;
(e) sending the owner a written acknowledgement, if the failure to comply is
prohibited by Paragraph (K) of this subdivision, that the accrual of interest and all
of the owner’s obligations under the extension of credit are abated while any prior
lien prohibited under Paragraph (K) remains secured by the homestead; or
(f) if the failure to comply cannot be cured under Subparagraphs (x)(a)-(e)
of this paragraph, curing the failure to comply by a refund or credit to the owner
of $1,000 and offering the owner the right to refi nance the extension of credit
with the lender or holder for the remaining term of the loan at no cost to the
owner on the same terms, including interest, as the original extension of credit
with any modifi cations necessary to comply with this section or on terms on
which the owner and the lender or holder otherwise agree that comply with this
section; and
(xi) the lender or any holder of the note for the extension of credit shall
forfeit all principal and interest of the extension of credit if the extension of
credit is made by a person other than a person described under Paragraph (P)
of this subdivision or if the lien was not created under a written agreement with
the consent of each owner and each owner’s spouse, unless each owner and each
owner’s spouse who did not initially consent subsequently consents;
(7) a reverse mortgage; or
(8) the conversion and refi nance of a personal property lien secured by a
manufactured home to a lien on real property, including the refi nance of the
purchase price of the manufactured home, the cost of installing the manufactured
home on the real property, and the refi nance of the purchase price of the real
property.
(b) An owner or claimant of the property claimed as homestead may not sell
or abandon the homestead without the consent of each owner and the spouse of
each owner, given in such manner as may be prescribed by law.
(c) No mortgage, trust deed, or other lien on the homestead shall ever be
valid unless it secures a debt described by this section, whether such mortgage,
trust deed, or other lien, shall have been created by the owner alone, or together
with his or her spouse, in case the owner is married. All pretended sales of the
homestead involving any condition of defeasance shall be void.
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Art. 16 Sec. 50
(d) A purchaser or lender for value without actual knowledge may
conclusively rely on an affi davit that designates other property as the homestead
of the affi ant and that states that the property to be conveyed or encumbered is
not the homestead of the affi ant.
(e) A refi nance of debt secured by a homestead and described by any
subsection under Subsections (a)(1)-(a)(5) that includes the advance of additional
funds may not be secured by a valid lien against the homestead unless:
(1) the refi nance of the debt is an extension of credit described by Subsection
(a)(6) of this section; or
(2) the advance of all the additional funds is for reasonable costs necessary
to refi nance such debt or for a purpose described by Subsection (a)(2), (a)(3), or
(a)(5) of this section.
(f) A refi nance of debt secured by the homestead, any portion of which is
an extension of credit described by Subsection (a)(6) of this section, may not be
secured by a valid lien against the homestead unless the refi nance of the debt is
an extension of credit described by Subsection (a)(6) or (a)(7) of this section.
(g) An extension of credit described by Subsection (a)(6) of this section
may be secured by a valid lien against homestead property if the extension of
credit is not closed before the 12th day after the lender provides the owner with
the following written notice on a separate instrument:
“NOTICE CONCERNING EXTENSIONS OF CREDIT DEFINED BY
SECTION 50(a)(6), ARTICLE XVI, TEXAS CONSTITUTION:
“SECTION 50(a)(6), ARTICLE XVI, OF THE TEXAS CONSTITUTION
ALLOWS CERTAIN LOANS TO BE SECURED AGAINST THE EQUITY IN
YOUR HOME. SUCH LOANS ARE COMMONLY KNOWN AS EQUITY
LOANS. IF YOU DO NOT REPAY THE LOAN OR IF YOU FAIL TO MEET
THE TERMS OF THE LOAN, THE LENDER MAY FORECLOSE AND SELL
YOUR HOME. THE CONSTITUTION PROVIDES THAT:
“(A) THE LOAN MUST BE VOLUNTARILY CREATED WITH THE
CONSENT OF EACH OWNER OF YOUR HOME AND EACH OWNER’S
SPOUSE;
“(B) THE PRINCIPAL LOAN AMOUNT AT THE TIME THE LOAN IS
MADE MUST NOT EXCEED AN AMOUNT THAT, WHEN ADDED TO THE
PRINCIPAL BALANCES OF ALL OTHER LIENS AGAINST YOUR HOME,
IS MORE THAN 80 PERCENT OF THE FAIR MARKET VALUE OF YOUR
HOME;
“(C) THE LOAN MUST BE WITHOUT RECOURSE FOR PERSONAL
LIABILITY AGAINST YOU AND YOUR SPOUSE UNLESS YOU OR
YOUR SPOUSE OBTAINED THIS EXTENSION OF CREDIT BY ACTUAL
FRAUD;
“(D) THE LIEN SECURING THE LOAN MAY BE FORECLOSED UPON
ONLY WITH A COURT ORDER;
“(E) FEES AND CHARGES TO MAKE THE LOAN MAY NOT EXCEED
3 PERCENT OF THE LOAN AMOUNT;
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Art. 16 Sec. 50
“(F) THE LOAN MAY NOT BE AN OPEN-END ACCOUNT THAT MAY
BE DEBITED FROM TIME TO TIME OR UNDER WHICH CREDIT MAY
BE EXTENDED FROM TIME TO TIME UNLESS IT IS A HOME EQUITY
LINE OF CREDIT;
“(G) YOU MAY PREPAY THE LOAN WITHOUT PENALTY OR
CHARGE;
“(H) NO ADDITIONAL COLLATERAL MAY BE SECURITY FOR THE
LOAN;
“(I) THE LOAN MAY NOT BE SECURED BY HOMESTEAD PROPERTY
THAT IS DESIGNATED FOR AGRICULTURAL USE AS OF THE DATE OF
CLOSING, UNLESS THE AGRICULTURAL HOMESTEAD PROPERTY IS
USED PRIMARILY FOR THE PRODUCTION OF MILK;
“(J) YOU ARE NOT REQUIRED TO REPAY THE LOAN EARLIER THAN
AGREED SOLELY BECAUSE THE FAIR MARKET VALUE OF YOUR HOME
DECREASES OR BECAUSE YOU DEFAULT ON ANOTHER LOAN THAT
IS NOT SECURED BY YOUR HOME;
“(K) ONLY ONE LOAN DESCRIBED BY SECTION 50(a)(6), ARTICLE
XVI, OF THE TEXAS CONSTITUTION MAY BE SECURED WITH YOUR
HOME AT ANY GIVEN TIME;
“(L) THE LOAN MUST BE SCHEDULED TO BE REPAID IN PAYMENTS
THAT EQUAL OR EXCEED THE AMOUNT OF ACCRUED INTEREST FOR
EACH PAYMENT PERIOD;
“(M) THE LOAN MAY NOT CLOSE BEFORE 12 DAYS AFTER YOU
SUBMIT A LOAN APPLICATION TO THE LENDER OR BEFORE 12 DAYS
AFTER YOU RECEIVE THIS NOTICE, WHICHEVER DATE IS LATER; AND
MAY NOT WITHOUT YOUR CONSENT CLOSE BEFORE ONE BUSINESS
DAY AFTER THE DATE ON WHICH YOU RECEIVE A COPY OF YOUR
LOAN APPLICATION IF NOT PREVIOUSLY PROVIDED AND A FINAL
ITEMIZED DISCLOSURE OF THE ACTUAL FEES, POINTS, INTEREST,
COSTS, AND CHARGES THAT WILL BE CHARGED AT CLOSING; AND IF
YOUR HOME WAS SECURITY FOR THE SAME TYPE OF LOAN WITHIN
THE PAST YEAR, A NEW LOAN SECURED BY THE SAME PROPERTY
MAY NOT CLOSE BEFORE ONE YEAR HAS PASSED FROM THE CLOSING
DATE OF THE OTHER LOAN, UNLESS ON OATH YOU REQUEST AN
EARLIER CLOSING DUE TO A DECLARED STATE OF EMERGENCY;
“(N) THE LOAN MAY CLOSE ONLY AT THE OFFICE OF THE LENDER,
TITLE COMPANY, OR AN ATTORNEY AT LAW;
“(O) THE LENDER MAY CHARGE ANY FIXED OR VARIABLE RATE
OF INTEREST AUTHORIZED BY STATUTE;
“(P) ONLY A LAWFULLY AUTHORIZED LENDER MAY MAKE
LOANS DESCRIBED BY SECTION 50(a)(6), ARTICLE XVI, OF THE TEXAS
CONSTITUTION;
“(Q) LOANS DESCRIBED BY SECTION 50(a)(6), ARTICLE XVI, OF
THE TEXAS CONSTITUTION MUST:
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Art. 16 Sec. 50
“(1) NOT REQUIRE YOU TO APPLY THE PROCEEDS TO ANOTHER
DEBT EXCEPT A DEBT THAT IS SECURED BY YOUR HOME OR OWED
TO ANOTHER LENDER;
“(2) NOT REQUIRE THAT YOU ASSIGN WAGES AS SECURITY;
“(3) NOT REQUIRE THAT YOU EXECUTE INSTRUMENTS WHICH
HAVE BLANKS FOR SUBSTANTIVE TERMS OF AGREEMENT LEFT TO
BE FILLED IN;
“(4) NOT REQUIRE THAT YOU SIGN A CONFESSION OF JUDGMENT
OR POWER OF ATTORNEY TO ANOTHER PERSON TO CONFESS
JUDGMENT OR APPEAR IN A LEGAL PROCEEDING ON YOUR
BEHALF;
“(5) PROVIDE THAT YOU RECEIVE A COPY OF YOUR FINAL LOAN
APPLICATION AND ALL EXECUTED DOCUMENTS YOU SIGN AT
CLOSING;
“(6) PROVIDE THAT THE SECURITY INSTRUMENTS CONTAIN A
DISCLOSURE THAT THIS LOAN IS A LOAN DEFINED BY SECTION
50(a)(6), ARTICLE XVI, OF THE TEXAS CONSTITUTION;
“(7) PROVIDE THAT WHEN THE LOAN IS PAID IN FULL, THE
LENDER WILL SIGN AND GIVE YOU A RELEASE OF LIEN OR AN
ASSIGNMENT OF THE LIEN, WHICHEVER IS APPROPRIATE;
“(8) PROVIDE THAT YOU MAY, WITHIN 3 DAYS AFTER CLOSING,
RESCIND THE LOAN WITHOUT PENALTY OR CHARGE;
“(9) PROVIDE THAT YOU AND THE LENDER ACKNOWLEDGE
THE FAIR MARKET VALUE OF YOUR HOME ON THE DATE THE LOAN
CLOSES; AND
“(10) PROVIDE THAT THE LENDER WILL FORFEIT ALL PRINCIPAL
AND INTEREST IF THE LENDER FAILS TO COMPLY WITH THE
LENDER’S OBLIGATIONS UNLESS THE LENDER CURES THE FAILURE
TO COMPLY AS PROVIDED BY SECTION 50(a)(6)(Q)(x), ARTICLE XVI,
OF THE TEXAS CONSTITUTION; AND
“(R) IF THE LOAN IS A HOME EQUITY LINE OF CREDIT:
“(1) YOU MAY REQUEST ADVANCES, REPAY MONEY, AND
REBORROW MONEY UNDER THE LINE OF CREDIT;
“(2) EACH ADVANCE UNDER THE LINE OF CREDIT MUST BE IN
AN AMOUNT OF AT LEAST $4,000;
“(3) YOU MAY NOT USE A CREDIT CARD, DEBIT CARD, OR SIMILAR
DEVICE, OR PREPRINTED CHECK THAT YOU DID NOT SOLICIT, TO
OBTAIN ADVANCES UNDER THE LINE OF CREDIT;
“(4) ANY FEES THE LENDER CHARGES MAY BE CHARGED AND
COLLECTED ONLY AT THE TIME THE LINE OF CREDIT IS ESTABLISHED
AND THE LENDER MAY NOT CHARGE A FEE IN CONNECTION WITH
ANY ADVANCE;
169
Art. 16 Sec. 50
“(5) THE MAXIMUM PRINCIPAL AMOUNT THAT MAY BE EXTENDED,
WHEN ADDED TO ALL OTHER DEBTS SECURED BY YOUR HOME, MAY
NOT EXCEED 80 PERCENT OF THE FAIR MARKET VALUE OF YOUR
HOME ON THE DATE THE LINE OF CREDIT IS ESTABLISHED;
“(6) IF THE PRINCIPAL BALANCE UNDER THE LINE OF CREDIT AT
ANY TIME EXCEEDS 50 PERCENT OF THE FAIR MARKET VALUE OF
YOUR HOME, AS DETERMINED ON THE DATE THE LINE OF CREDIT
IS ESTABLISHED, YOU MAY NOT CONTINUE TO REQUEST ADVANCES
UNDER THE LINE OF CREDIT UNTIL THE BALANCE IS LESS THAN 50
PERCENT OF THE FAIR MARKET VALUE; AND
“(7) THE LENDER MAY NOT UNILATERALLY AMEND THE TERMS
OF THE LINE OF CREDIT.
“THIS NOTICE IS ONLY A SUMMARY OF YOUR RIGHTS UNDER THE
TEXAS CONSTITUTION. YOUR RIGHTS ARE GOVERNED BY SECTION
50, ARTICLE XVI, OF THE TEXAS CONSTITUTION, AND NOT BY THIS
NOTICE.”
If the discussions with the borrower are conducted primarily in a language
other than English, the lender shall, before closing, provide an additional copy
of the notice translated into the written language in which the discussions were
conducted.
(h) A lender or assignee for value may conclusively rely on the written
acknowledgment as to the fair market value of the homestead property made in
accordance with Subsection (a)(6)(Q)(ix) of this section if:
(1) the value acknowledged to is the value estimate in an appraisal or
evaluation prepared in accordance with a state or federal requirement applicable
to an extension of credit under Subsection (a)(6); and
(2) the lender or assignee does not have actual knowledge at the time of
the payment of value or advance of funds by the lender or assignee that the fair
market value stated in the written acknowledgment was incorrect.
(i) This subsection shall not affect or impair any right of the borrower to
recover damages from the lender or assignee under applicable law for wrongful
foreclosure. A purchaser for value without actual knowledge may conclusively
presume that a lien securing an extension of credit described by Subsection (a)(6)
of this section was a valid lien securing the extension of credit with homestead
property if:
(1) the security instruments securing the extension of credit contain a
disclosure that the extension of credit secured by the lien was the type of credit
defi ned by Section 50(a)(6), Article XVI, Texas Constitution;
(2) the purchaser acquires the title to the property pursuant to or after the
foreclosure of the voluntary lien; and
(3) the purchaser is not the lender or assignee under the extension of
credit.
170
Art. 16 Sec. 50
(j) Subsection (a)(6) and Subsections (e)-(i) of this section are not severable,
and none of those provisions would have been enacted without the others. If any
of those provisions are held to be preempted by the laws of the United States,
all of those provisions are invalid. This subsection shall not apply to any lien or
extension of credit made after January 1, 1998, and before the date any provision
under Subsection (a)(6) or Subsections (e)-(i) is held to be preempted.
(k) “Reverse mortgage” means an extension of credit:
(1) that is secured by a voluntary lien on homestead property created by a
written agreement with the consent of each owner and each owner’s spouse;
(2) that is made to a person who is or whose spouse is 62 years or older;
(3) that is made without recourse for personal liability against each owner
and the spouse of each owner;
(4) under which advances are provided to a borrower based on the equity
in a borrower’s homestead;
(5) that does not permit the lender to reduce the amount or number of
advances because of an adjustment in the interest rate if periodic advances are
to be made;
(6) that requires no payment of principal or interest until:
(A) all borrowers have died;
(B) the homestead property securing the loan is sold or otherwise
transferred;
(C) all borrowers cease occupying the homestead property for a period
of longer than 12 consecutive months without prior written approval from the
lender; or
(D) the borrower:
(i) defaults on an obligation specifi ed in the loan documents to repair and
maintain, pay taxes and assessments on, or insure the homestead property;
(ii) commits actual fraud in connection with the loan; or
(iii) fails to maintain the priority of the lender’s lien on the homestead
property, after the lender gives notice to the borrower, by promptly discharging
any lien that has priority or may obtain priority over the lender’s lien within 10
days after the date the borrower receives the notice, unless the borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in
a manner acceptable to the lender;
(b) contests in good faith the lien by, or defends against enforcement of the
lien in, legal proceedings so as to prevent the enforcement of the lien or forfeiture
of any part of the homestead property; or
(c) secures from the holder of the lien an agreement satisfactory to the
lender subordinating the lien to all amounts secured by the lender’s lien on the
homestead property;
(7) that provides that if the lender fails to make loan advances as required
in the loan documents and if the lender fails to cure the default as required in the
171
Art. 16 Sec. 50
loan documents after notice from the borrower, the lender forfeits all principal
and interest of the reverse mortgage, provided, however, that this subdivision does
not apply when a governmental agency or instrumentality takes an assignment
of the loan in order to cure the default;
(8) that is not made unless the owner of the homestead attests in writing
that the owner received counseling regarding the advisability and availability of
reverse mortgages and other fi nancial alternatives;
(9) that requires the lender, at the time the loan is made, to disclose to the
borrower by written notice the specifi c provisions contained in Subdivision (6)
of this subsection under which the borrower is required to repay the loan;
(10) that does not permit the lender to commence foreclosure until the lender
gives notice to the borrower, in the manner provided for a notice by mail related
to the foreclosure of liens under Subsection (a)(6) of this section, that a ground
for foreclosure exists and gives the borrower at least 30 days, or at least 20 days
in the event of a default under Subdivision (6)(D)(iii) of this subsection, to:
(A) remedy the condition creating the ground for foreclosure;
(B) pay the debt secured by the homestead property from proceeds of the
sale of the homestead property by the borrower or from any other sources; or
(C) convey the homestead property to the lender by a deed in lieu of
foreclosure; and
(11) that is secured by a lien that may be foreclosed upon only by a court
order, if the foreclosure is for a ground other than a ground stated by Subdivision
(6)(A) or (B) of this subsection.
(l) Advances made under a reverse mortgage and interest on those advances
have priority over a lien fi led for record in the real property records in the county
where the homestead property is located after the reverse mortgage is fi led for
record in the real property records of that county.
(m) A reverse mortgage may provide for an interest rate that is fi xed or
adjustable and may also provide for interest that is contingent on appreciation in
the fair market value of the homestead property. Although payment of principal
or interest shall not be required under a reverse mortgage until the entire loan
becomes due and payable, interest may accrue and be compounded during the
term of the loan as provided by the reverse mortgage loan agreement.
(n) A reverse mortgage that is secured by a valid lien against homestead
property may be made or acquired without regard to the following provisions of
any other law of this state:
(1) a limitation on the purpose and use of future advances or other mortgage
proceeds;
(2) a limitation on future advances to a term of years or a limitation on the
term of open-end account advances;
(3) a limitation on the term during which future advances take priority over
intervening advances;
172
Art. 16 Sec. 50
(4) a requirement that a maximum loan amount be stated in the reverse
mortgage loan documents;
(5) a prohibition on balloon payments;
(6) a prohibition on compound interest and interest on interest;
(7) a prohibition on contracting for, charging, or receiving any rate of interest
authorized by any law of this state authorizing a lender to contract for a rate of
interest; and
(8) a requirement that a percentage of the reverse mortgage proceeds be
advanced before the assignment of the reverse mortgage.
(o) For the purposes of determining eligibility under any statute relating to
payments, allowances, benefi ts, or services provided on a means-tested basis by
this state, including supplemental security income, low-income energy assistance,
property tax relief, medical assistance, and general assistance:
(1) reverse mortgage loan advances made to a borrower are considered
proceeds from a loan and not income; and
(2) undisbursed funds under a reverse mortgage loan are considered equity
in a borrower’s home and not proceeds from a loan.
(p) The advances made on a reverse mortgage loan under which more than
one advance is made must be made according to the terms established by the
loan documents by one or more of the following methods:
(1) an initial advance at any time and future advances at regular intervals;
(2) an initial advance at any time and future advances at regular intervals in
which the amounts advanced may be reduced, for one or more advances, at the
request of the borrower;
(3) an initial advance at any time and future advances at times and in
amounts requested by the borrower until the credit limit established by the loan
documents is reached;
(4) an initial advance at any time, future advances at times and in amounts
requested by the borrower until the credit limit established by the loan documents
is reached, and subsequent advances at times and in amounts requested by the
borrower according to the terms established by the loan documents to the extent
that the outstanding balance is repaid; or
(5) at any time by the lender, on behalf of the borrower, if the borrower fails
to timely pay any of the following that the borrower is obligated to pay under
the loan documents to the extent necessary to protect the lender’s interest in or
the value of the homestead property:
(A) taxes;
(B) insurance;
(C) costs of repairs or maintenance performed by a person or company that
is not an employee of the lender or a person or company that directly or indirectly
controls, is controlled by, or is under common control with the lender;
(D) assessments levied against the homestead property; and
173
Art. 16 Sec. 50
(E) any lien that has, or may obtain, priority over the lender’s lien as it is
established in the loan documents.
(q) To the extent that any statutes of this state, including without limitation,
Section 41.001 of the Texas Property Code, purport to limit encumbrances that
may properly be fi xed on homestead property in a manner that does not permit
encumbrances for extensions of credit described in Subsection (a)(6) or (a)(7) of
this section, the same shall be superseded to the extent that such encumbrances
shall be permitted to be fi xed upon homestead property in the manner provided
for by this amendment.
(r) The supreme court shall promulgate rules of civil procedure for expedited
foreclosure proceedings related to the foreclosure of liens under Subsection
(a)(6) of this section and to foreclosure of a reverse mortgage lien that requires
a court order.
(s) The Finance Commission of Texas shall appoint a director to conduct
research on the availability, quality, and prices of fi nancial services and research
the practices of business entities in the state that provide fi nancial services under
this section. The director shall collect information and produce reports on lending
activity of those making loans under this section. The director shall report his or
her fi ndings to the legislature not later than December 1 of each year.
(t) A home equity line of credit is a form of an open-end account that may
be debited from time to time, under which credit may be extended from time to
time and under which:
(1) the owner requests advances, repays money, and reborrows money;
(2) any single debit or advance is not less than $4,000;
(3) the owner does not use a credit card, debit card, or similar device, or
preprinted check unsolicited by the borrower, to obtain an advance;
(4) any fees described by Subsection (a)(6)(E) of this section are charged
and collected only at the time the extension of credit is established and no fee is
charged or collected in connection with any debit or advance;
(5) the maximum principal amount that may be extended under the account,
when added to the aggregate total of the outstanding principal balances of all
indebtedness secured by the homestead on the date the extension of credit is
established, does not exceed an amount described under Subsection (a)(6)(B)
of this section;
(6) no additional debits or advances are made if the total principal amount
outstanding exceeds an amount equal to 50 percent of the fair market value of
the homestead as determined on the date the account is established;
(7) the lender or holder may not unilaterally amend the extension of credit;
and
(8) repayment is to be made in regular periodic installments, not more often
than every 14 days and not less often than monthly, beginning not later than two
months from the date the extension of credit is established, and:
174
Art. 16 Sec. 51
(A) during the period during which the owner may request advances, each
installment equals or exceeds the amount of accrued interest; and
(B) after the period during which the owner may request advances,
installments are substantially equal.
(u) The legislature may by statute delegate one or more state agencies the
power to interpret Subsections (a)(5)-(a)(7), (e)-(p), and (t), of this section. An
act or omission does not violate a provision included in those subsections if the
act or omission conforms to an interpretation of the provision that is:
(1) in effect at the time of the act or omission; and
(2) made by a state agency to which the power of interpretation is delegated
as provided by this subsection or by an appellate court of this state or the United
States.
(v) A reverse mortgage must provide that:
(1) the owner does not use a credit card, debit card, preprinted solicitation
check, or similar device to obtain an advance;
(2) after the time the extension of credit is established, no transaction fee is
charged or collected solely in connection with any debit or advance; and
(3) the lender or holder may not unilaterally amend the extension of credit.
(Amended Nov. 6, 1973, and Nov. 7, 1995; Subsecs. (a)-(d) amended and (e)-(s)
added Nov. 4, 1997; Subsecs. (k), (p), and (r) amended Nov. 2, 1999; Subsec. (a)
amended Nov. 6, 2001; Subsecs. (a), (f), and (g) amended and (t) and (u) added
Sept. 13, 2003; Subsec. (p) amended and (v) added Nov. 8, 2005.)
Sec. 51. AMOUNT OF HOMESTEAD; USES. The homestead, not in
a town or city, shall consist of not more than two hundred acres of land, which
may be in one or more parcels, with the improvements thereon; the homestead
in a city, town or village, shall consist of lot or contiguous lots amounting to not
more than 10 acres of land, together with any improvements on the land; provided,
that the homestead in a city, town or village shall be used for the purposes of a
home, or as both an urban home and a place to exercise a calling or business, of
the homestead claimant, whether a single adult person, or the head of a family;
provided also, that any temporary renting of the homestead shall not change the
character of the same, when no other homestead has been acquired; provided
further that a release or refi nance of an existing lien against a homestead as to
a part of the homestead does not create an additional burden on the part of the
homestead property that is unreleased or subject to the refi nance, and a new lien
is not invalid only for that reason. (Amended Nov. 3, 1970, Nov. 6, 1973, Nov.
8, 1983, and Nov. 2, 1999.)
NOTE: The joint resolution amending Sec. 51 in 1983 included a section
that did not purport to amend the constitution and that provided the following:
“This amendment applies to all homesteads in this state, including homesteads
acquired before the adoption of this amendment.”
Sec. 52. DESCENT AND DISTRIBUTION OF HOMESTEAD;
RESTRICTIONS ON PARTITION. On the death of the husband or wife, or
175
Art. 16 Sec. 53
both, the homestead shall descend and vest in like manner as other real property of
the deceased, and shall be governed by the same laws of descent and distribution,
but it shall not be partitioned among the heirs of the deceased during the lifetime
of the surviving husband or wife, or so long as the survivor may elect to use or
occupy the same as a homestead, or so long as the guardian of the minor children
of the deceased may be permitted, under the order of the proper court having the
jurisdiction, to use and occupy the same.
Sec. 53. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 53: See Appendix, Note 1.)
Sec. 54. (Repealed Aug. 5, 1969.)
Sec. 55. (Repealed Aug. 5, 1969.)
Sec. 56. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 56: See Appendix, Note 3.)
Sec. 57. (Repealed Aug. 5, 1969.)
Sec. 58. (Repealed Aug. 5, 1969.)
Sec. 59. CONSERVATION AND DEVELOPMENT OF NATURAL
RESOURCES AND PARKS AND RECREATIONAL FACILITIES;
CONSERVATION AND RECLAMATION DISTRICTS. (a) The conservation
and development of all of the natural resources of this State, and development of
parks and recreational facilities, including the control, storing, preservation and
distribution of its storm and fl ood waters, the waters of its rivers and streams, for
irrigation, power and all other useful purposes, the reclamation and irrigation of
its arid, semiarid and other lands needing irrigation, the reclamation and drainage
of its overfl owed lands, and other lands needing drainage, the conservation and
development of its forests, water and hydro-electric power, the navigation of its
inland and coastal waters, and the preservation and conservation of all such natural
resources of the State are each and all hereby declared public rights and duties;
and the Legislature shall pass all such laws as may be appropriate thereto.
(b) There may be created within the State of Texas, or the State may be
divided into, such number of conservation and reclamation districts as may
be determined to be essential to the accomplishment of the purposes of this
amendment to the constitution, which districts shall be governmental agencies
and bodies politic and corporate with such powers of government and with the
authority to exercise such rights, privileges and functions concerning the subject
matter of this amendment as may be conferred by law.
(c) The Legislature shall authorize all such indebtedness as may be necessary
to provide all improvements and the maintenance thereof requisite to the
achievement of the purposes of this amendment. All such indebtedness may be
evidenced by bonds of such conservation and reclamation districts, to be issued
under such regulations as may be prescribed by law. The Legislature shall also
authorize the levy and collection within such districts of all such taxes, equitably
distributed, as may be necessary for the payment of the interest and the creation
of a sinking fund for the payment of such bonds and for the maintenance of such
districts and improvements. Such indebtedness shall be a lien upon the property
176
Art. 16 Sec. 59
assessed for the payment thereof. The Legislature shall not authorize the issuance
of any bonds or provide for any indebtedness against any reclamation district
unless such proposition shall fi rst be submitted to the qualifi ed voters of such
district and the proposition adopted.
(c-1) In addition and only as provided by this subsection, the Legislature
may authorize conservation and reclamation districts to develop and fi nance with
taxes those types and categories of parks and recreational facilities that were
not authorized by this section to be developed and fi nanced with taxes before
September 13, 2003. For development of such parks and recreational facilities,
the Legislature may authorize indebtedness payable from taxes as may be
necessary to provide for improvements and maintenance only for a conservation
and reclamation district all or part of which is located in Bexar County, Bastrop
County, Waller County, Travis County, Williamson County, Harris County,
Galveston County, Brazoria County, Fort Bend County, or Montgomery County,
or for the Tarrant Regional Water District, a water control and improvement
district located in whole or in part in Tarrant County. All the indebtedness may
be evidenced by bonds of the conservation and reclamation district, to be issued
under regulations as may be prescribed by law. The Legislature may also authorize
the levy and collection within such district of all taxes, equitably distributed, as
may be necessary for the payment of the interest and the creation of a sinking
fund for the payment of the bonds and for maintenance of and improvements
to such parks and recreational facilities. The indebtedness shall be a lien on the
property assessed for the payment of the bonds. The Legislature may not authorize
the issuance of bonds or provide for indebtedness under this subsection against
a conservation and reclamation district unless a proposition is fi rst submitted to
the qualifi ed voters of the district and the proposition is adopted. This subsection
expands the authority of the Legislature with respect to certain conservation and
reclamation districts and is not a limitation on the authority of the Legislature
with respect to conservation and reclamation districts and parks and recreational
facilities pursuant to this section as that authority existed before September 13,
2003.
(d) No law creating a conservation and reclamation district shall be passed
unless notice of the intention to introduce such a bill setting forth the general
substance of the contemplated law shall have been published at least thirty (30)
days and not more than ninety (90) days prior to the introduction thereof in a
newspaper or newspapers having general circulation in the county or counties
in which said district or any part thereof is or will be located and by delivering
a copy of such notice and such bill to the Governor who shall submit such
notice and bill to the Texas Water Commission, or its successor, which shall
fi le its recommendation as to such bill with the Governor, Lieutenant Governor
and Speaker of the House of Representatives within thirty (30) days from date
notice was received by the Texas Water Commission. Such notice and copy of
bill shall also be given of the introduction of any bill amending a law creating
or governing a particular conservation and reclamation district if such bill (1)
adds additional land to the district, (2) alters the taxing authority of the district,
(3) alters the authority of the district with respect to the issuance of bonds, or
177
Art. 16 Sec. 60
(4) alters the qualifi cations or terms of offi ce of the members of the governing
body of the district.
(e) No law creating a conservation and reclamation district shall be passed
unless, at the time notice of the intention to introduce a bill is published as
provided in Subsection (d) of this section, a copy of the proposed bill is delivered
to the commissioners court of each county in which said district or any part thereof
is or will be located and to the governing body of each incorporated city or town
in whose jurisdiction said district or any part thereof is or will be located. Each
such commissioners court and governing body may fi le its written consent or
opposition to the creation of the proposed district with the governor, lieutenant
governor, and speaker of the house of representatives. Each special law creating
a conservation and reclamation district shall comply with the provisions of the
general laws then in effect relating to consent by political subdivisions to the
creation of conservation and reclamation districts and to the inclusion of land
within the district.
(f) A conservation and reclamation district created under this section to
perform any or all of the purposes of this section may engage in fi re-fi ghting
activities and may issue bonds or other indebtedness for fi re-fi ghting purposes
as provided by law and this constitution. (Added Aug. 21, 1917; Subsec. (d)
added Nov. 3, 1964; Subsec. (e) added Nov. 6, 1973; Subsec. (f) added Nov. 7,
1978; Subsec. (c) amended Nov. 2, 1999; Subsec. (a) amended and (c-1) added
Sept. 13, 2003.) (TEMPORARY TRANSITION PROVISIONS for Sec. 59: See
Appendix, Note 1.)
Sec. 60. (Repealed Aug. 5, 1969.)
Sec. 61. COMPENSATION OF DISTRICT, COUNTY, AND PRECINCT
OFFICERS; SALARY OR FEE BASIS; DISPOSITION OF FEES. (a) All
district offi cers in the State of Texas and all county offi cers in counties having
a population of twenty thousand (20,000) or more, according to the then last
preceding Federal Census, shall be compensated on a salary basis.
(b) In all counties in this State, the Commissioners Courts shall be authorized
to determine whether precinct offi cers shall be compensated on a fee basis or on a
salary basis, with the exception that it shall be mandatory upon the Commissioners
Courts, to compensate all justices of the peace, constables, deputy constables
and precinct law enforcement offi cers on a salary basis.
(c) In counties having a population of less than twenty thousand (20,000),
according to the then last preceding Federal Census, the Commissioners Courts
have the authority to determine whether county offi cers shall be compensated on
a fee basis or on a salary basis, with the exception that it shall be mandatory upon
the Commissioners Courts to compensate all sheriffs, deputy sheriffs, county law
enforcement offi cers including sheriffs who also perform the duties of assessor
and collector of taxes, and their deputies, on a salary basis.
(d) All fees earned by district, county and precinct offi cers shall be paid into
the county treasury where earned for the account of the proper fund, provided
that fees incurred by the State, county and any municipality, or in case where a
pauper’s oath is fi led, shall be paid into the county treasury when collected and
178
Art. 16 Sec. 62
provided that where any offi cer is compensated wholly on a fee basis such fees
may be retained by such offi cer or paid into the treasury of the county as the
Commissioners Court may direct.
(e) All Notaries Public, county surveyors and public weighers shall continue
to be compensated on a fee basis. (Added Aug. 24, 1935; amended Nov. 2, 1948,
Nov. 7, 1972, and Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS
for Sec. 61: See Appendix, Note 1.)
Sec. 62. (Repealed April 22, 1975.)
Sec. 63. (Repealed April 22, 1975.)
Sec. 64. TERMS OF OFFICE, CERTAIN OFFICES. The elective district,
county, and precinct offi ces which have heretofore had terms of two years, shall
hereafter have terms of four years; and the holders of such offi ces shall serve
until their successors are qualifi ed. (Added Nov. 2, 1954.)
Sec. 65. TERMS OF OFFICE; AUTOMATIC RESIGNATION. (a) This
section applies to the following offi ces: District Clerks; County Clerks; County
Judges; Judges of the County Courts at Law, County Criminal Courts, County
Probate Courts and County Domestic Relations Courts; County Treasurers;
Criminal District Attorneys; County Surveyors; County Commissioners; Justices
of the Peace; Sheriffs; Assessors and Collectors of Taxes; District Attorneys;
County Attorneys; Public Weighers; and Constables.
(b) If any of the offi cers named herein shall announce their candidacy, or
shall in fact become a candidate, in any General, Special or Primary Election,
for any offi ce of profi t or trust under the laws of this State or the United States
other than the offi ce then held, at any time when the unexpired term of the offi ce
then held shall exceed one (1) year, such announcement or such candidacy shall
constitute an automatic resignation of the offi ce then held, and the vacancy thereby
created shall be fi lled pursuant to law in the same manner as other vacancies
for such offi ce are fi lled. (Added Nov. 2, 1954; amended Nov. 4, 1958, and
Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 65: See
Appendix, Note 1.)
Sec. 65A. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 65A: See Appendix, Note 3.)
Sec. 66. PROTECTED BENEFITS UNDER CERTAIN PUBLIC
RETIREMENT SYSTEMS. (a) This section applies only to a public retirement
system that is not a statewide system and that provides service and disability
retirement benefi ts and death benefi ts to public offi cers and employees.
(b) This section does not apply to a public retirement system that provides
service and disability retirement benefi ts and death benefi ts to fi refi ghters and
police offi cers employed by the City of San Antonio.
(c) This section does not apply to benefi ts that are:
(1) health benefi ts;
(2) life insurance benefi ts; or
179
Art. 16 Sec. 67
(3) disability benefi ts that a retirement system determines are no longer
payable under the terms of the retirement system as those terms existed on the
date the retirement system began paying the disability benefi ts.
(d) On or after the effective date of this section, a change in service or
disability retirement benefi ts or death benefi ts of a retirement system may not
reduce or otherwise impair benefi ts accrued by a person if the person:
(1) could have terminated employment or has terminated employment before
the effective date of the change; and
(2) would have been eligible for those benefi ts, without accumulating
additional service under the retirement system, on any date on or after the effective
date of the change had the change not occurred.
(e) Benefi ts granted to a retiree or other annuitant before the effective
date of this section and in effect on that date may not be reduced or otherwise
impaired.
(f) The political subdivision or subdivisions and the retirement system that
fi nance benefi ts under the retirement system are jointly responsible for ensuring
that benefi ts under this section are not reduced or otherwise impaired.
(g) This section does not create a liability or an obligation to a retirement
system for a member of the retirement system other than the payment by active
members of a required contribution or a future required contribution to the
retirement system.
(h) A retirement system described by Subsection (a) and the political
subdivision or subdivisions that fi nance benefi ts under the retirement system are
exempt from the application of this section if:
(1) the political subdivision or subdivisions hold an election on the date in
May 2004 that political subdivisions may use for the election of their offi cers;
(2) the majority of the voters of a political subdivision voting at the election
favor exempting the political subdivision and the retirement system from the
application of this section; and
(3) the exemption is the only issue relating to the funding and benefi ts of the
retirement system that is presented to the voters at the election. (Former Sec. 66
repealed Nov. 2, 1999; current Sec. 66 added Sept. 13, 2003.)
Sec. 67. STATE AND LOCAL RETIREMENT SYSTEMS. (a) General
Provisions. (1) The legislature may enact general laws establishing systems
and programs of retirement and related disability and death benefi ts for public
employees and offi cers. Financing of benefi ts must be based on sound actuarial
principles. The assets of a system are held in trust for the benefi t of members
and may not be diverted.
(2) A person may not receive benefi ts from more than one system for the
same service, but the legislature may provide by law that a person with service
covered by more than one system or program is entitled to a fractional benefi t
from each system or program based on service rendered under each system or
program calculated as to amount upon the benefi t formula used in that system or
180
Art. 16 Sec. 67
program. Transfer of service credit between the Employees Retirement System
of Texas and the Teacher Retirement System of Texas also may be authorized
by law.
(3) Each statewide benefi t system must have a board of trustees to administer
the system and to invest the funds of the system in such securities as the board
may consider prudent investments. In making investments, a board shall exercise
the judgment and care under the circumstances then prevailing that persons of
ordinary prudence, discretion, and intelligence exercise in the management of
their own affairs, not in regard to speculation, but in regard to the permanent
disposition of their funds, considering the probable income therefrom as well as
the probable safety of their capital. The legislature by law may further restrict
the investment discretion of a board.
(4) General laws establishing retirement systems and optional retirement
programs for public employees and offi cers in effect at the time of the adoption
of this section remain in effect, subject to the general powers of the legislature
established in this subsection.
(b) State Retirement Systems. (1) The legislature shall establish by law a
Teacher Retirement System of Texas to provide benefi ts for persons employed in
the public schools, colleges, and universities supported wholly or partly by the
state. Other employees may be included under the system by law.
(2) The legislature shall establish by law an Employees Retirement System
of Texas to provide benefi ts for offi cers and employees of the state and such
state-compensated offi cers and employees of appellate courts and judicial districts
as may be included under the system by law.
(3) The amount contributed by a person participating in the Employees
Retirement System of Texas or the Teacher Retirement System of Texas shall
be established by the legislature but may not be less than six percent of current
compensation. The amount contributed by the state may not be less than
six percent nor more than 10 percent of the aggregate compensation paid to
individuals participating in the system. In an emergency, as determined by the
governor, the legislature may appropriate such additional sums as are actuarially
determined to be required to fund benefi ts authorized by law.
(c) Local Retirement Systems. (1) The legislature shall provide by law
for:
(A) the creation by any city or county of a system of benefi ts for its offi cers
and employees;
(B) a statewide system of benefi ts for the offi cers and employees of counties
or other political subdivisions of the state in which counties or other political
subdivisions may voluntarily participate; and
(C) a statewide system of benefi ts for offi cers and employees of cities in
which cities may voluntarily participate.
(2) Benefi ts under these systems must be reasonably related to participant
tenure and contributions.
181
Art. 16 Sec. 68
(d) Judicial Retirement System. (1) Notwithstanding any other provision of
this section, the system of retirement, disability, and survivors’ benefi ts heretofore
established in the constitution or by law for justices, judges, and commissioners
of the appellate courts and judges of the district and criminal district courts is
continued in effect. Contributions required and benefi ts payable are to be as
provided by law.
(2) General administration of the Judicial Retirement System of Texas is by
the Board of Trustees of the Employees Retirement System of Texas under such
regulations as may be provided by law.
(e) Anticipatory Legislation. Legislation enacted in anticipation of this
amendment is not void because it is anticipatory.
(f) Retirement Systems Not Belonging to a Statewide System. The board
of trustees of a system or program that provides retirement and related disability
and death benefi ts for public offi cers and employees and that does not participate
in a statewide public retirement system shall:
(1) administer the system or program of benefi ts;
(2) hold the assets of the system or program for the exclusive purposes of
providing benefi ts to participants and their benefi ciaries and defraying reasonable
expenses of administering the system or program; and
(3) select legal counsel and an actuary and adopt sound actuarial assumptions
to be used by the system or program.
(g) If the legislature provides for a fi re fi ghters’ pension commissioner, the
term of offi ce for that position is four years. (Added April 22, 1975; Subsec. (f)
added Nov. 2, 1993; Subsec. (g) added Nov. 6, 2001.)
Sec. 68. ASSOCIATIONS OF AGRICULTURAL PRODUCERS;
ASSESSMENTS ON PRODUCT SALES TO FINANCE PROGRAMS OF
MARKETING, PROMOTION, RESEARCH, AND EDUCATION. The
legislature may provide for the advancement of food and fi ber in this state by
providing representative associations of agricultural producers with authority to
collect such refundable assessments on their product sales as may be approved
by referenda of producers. All revenue collected shall be used solely to fi nance
programs of marketing, promotion, research, and education relating to that
commodity. (Added Nov. 8, 1983.)
Sec. 69. PRIOR APPROVAL OF EXPENDITURE OR EMERGENCY
TRANSFER OF APPROPRIATED FUNDS. The legislature may require, by
rider in the General Appropriations Act or by separate statute, the prior approval
of the expenditure or the emergency transfer of any funds appropriated to the
agencies of state government. (Added Nov. 5, 1985.)
Sec. 70. TEXAS GROWTH FUND. (a) In this section:
(1) “Board of trustees” means the board of trustees of the Texas growth
fund.
(2) “Fund” means the Texas growth fund.
182
Art. 16 Sec. 70
(3) “Venture capital investment” means an investment in debt, equity, or
a combination of debt and equity that possesses the potential for substantial
investment returns, and includes investments in new or small businesses,
investments in businesses with rapid growth potential, or investments in
applied research and organizational activities leading to business formation and
opportunities involving new or improved processes or products.
(b) The Texas growth fund is created as a trust fund. Except as otherwise
provided by this section, the fund is subject to the general laws of this state
governing private sector trusts. The governing boards of the permanent university
fund, the permanent school fund, the Teacher Retirement System of Texas, the
Employees Retirement System of Texas, and any other pension system created
under this constitution or by statute of this state in their sole discretion may make
investments in the fund.
(c) The fund is managed by a board of trustees consisting of four public
members appointed by the governor and one member from and elected by the
membership of each of the following:
(1) the Board of Regents of The University of Texas System;
(2) the Board of Regents of The Texas A&M University System;
(3) the Board of Trustees of the Teacher Retirement System of Texas;
(4) the Board of Trustees of the Employees Retirement System of Texas;
and
(5) the State Board of Education.
(d) Each public member of the board must have demonstrated substantial
investment expertise. A public member serves for a six-year term expiring
February 1 of an odd-numbered year.
(e) A person fi lling an elected position on the board of trustees ceases to be
a member of the board of trustees when the person ceases to be a member of the
board the person represents or as otherwise provided by procedures adopted by
the board the person represents. The governor shall designate a chairman from
among the members of the board of trustees who serves a term of two years
expiring February 1 of each odd-numbered year. A member may serve more
than one term as chairman.
(f) The board of trustees shall manage the investment of the fund, and
may:
(1) employ and retain staff, including a chief executive offi cer;
(2) analyze and structure investments;
(3) set investment policy of the fund;
(4) take any action necessary for the creation, administration, and protection
of the fund;
(5) enter into investment contracts with the participating funds or
systems;
183
(6) adopt rules regarding the operation of the fund;
(7) pay expenses of the fund based on an assessment on investor contributions;
and
(8) alternatively, or in combination with its own staff, contract for the
management of investments under this section with a private investment
management fi rm or with an investing fund or system electing a member of the
board of trustees.
(g) In making investments, including venture capital investments, the
board of trustees shall exercise the judgment and care under the circumstances
then prevailing that persons of ordinary prudence, discretion, and intelligence
exercise in the management of their own affairs, not in regard to speculation but
in regard to the permanent disposition of their funds, considering the probable
income as well as the probable safety of the capital of the fund. All investments
of the fund shall be directly related to the creation, retention, or expansion of
employment opportunity and economic growth in Texas. In making venture
capital investments, all other material matters being equal, the board of trustees
shall invest in technological advances that could be expected to result in the
greatest increase in employment opportunity and economic growth in Texas.
(h) The board of trustees shall establish and operate the fund to the extent
practical under the generally accepted business procedures relating to a mutual
fund and shall value the investments for determining the purchase or sales price
of participating shares of investing funds or systems participating in the fund
consistent with investment contracts. Evidences of participation in the fund
shall be held by the comptroller of public accounts in keeping with the custodial
responsibilities of that offi ce.
(i) An investing fund or system, without liability at law or in equity to
members of the governing board of the fund or system in their personal or offi cial
capacities, may cumulatively invest in the Texas growth fund not more than one
percent of the book or cost value of the investing fund or system, as determined
at the end of each fi scal year.
(j) The board of trustees shall establish criteria for the investment of not
more than 10 percent of the fund in venture capital investments. Not more than
25 percent of the funds available for venture capital investments may be used
for unilateral investment. Investments of the remainder of the funds available
for venture capital investments must be matched at least equally by funds from
sources other than the fund, with matching amounts established by the board of
trustees. The board of trustees shall also establish criteria for the investment of
not less than 50 percent of the fund in equity or debt security, or a combination of
equity and debt security, for the initial construction, expansion, or modernization
of business or industrial facilities in Texas. The board of trustees may invest in
money funds whose underlying investments are consistent and acceptable under
the investment policy of the fund.
(k) On a quarterly basis, the amount of income realized on investments
under this section shall be distributed to each of the systems and funds investing
in the Texas growth fund in proportion to the number of participating shares
Art. 16 Sec. 70
184
of each investing system and fund. Capital appreciation becomes a part of the
corpus of the Texas growth fund and shall be distributed in accordance with the
investment contracts.
(l) The board of trustees shall make arrangements to begin liquidation,
phase out investments, and return the principal and capital gains on investments
to the investors in the fund not later than the 10th anniversary of the date of the
adoption of this section. Except under unusual circumstances where it may be
necessary to protect investments previously made, further investments may not
be made in or by the fund after the 10th anniversary of the date of the adoption
of this section.
(m) At the regular legislative session next preceding the 10th anniversary of
the date of the adoption of this section, the legislature, by two-thirds vote of each
house, may authorize the creation of Texas growth fund II, which shall operate
under this section and under the board of trustees created by this section in the
same manner as the Texas growth fund. Funds in Texas growth fund II may not
be commingled with funds in the Texas growth fund.
(n) The board of trustees may purchase liability insurance for the coverage
of the trustees, employees, and agents of the board.
(o) The legislature shall provide by law for the periodic review of the board
of trustees in the same manner and at the same intervals as it provides for review
of other state agencies, except that the legislature shall provide that the board of
trustees is not subject to abolishment as part of the review process.
(p) This section expires September 1, 1998, except that if the legislature
authorizes the creation of Texas growth fund II as provided by Subsection (m)
of this section, this section expires September 1, 2008.
(q) This section is self-executing and takes effect on its adoption by the
voters. All state offi cials named in this section and the comptroller of public
accounts shall take all necessary actions for the implementation of this section.
The legislature shall provide by law for full disclosure of all details concerning
investments authorized by this section.
(r) (Repealed Nov. 2, 1999.) (Added Nov. 8, 1988; amended Nov. 7, 1995,
and Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 70:
See Appendix, Note 1.)
Sec. 71. TEXAS PRODUCT DEVELOPMENT AND SMALL BUSINESS
INCUBATOR FUNDS; BONDS. (a) The legislature by law may establish a
Texas product development fund to be used without further appropriation solely in
furtherance of a program established by the legislature to aid in the development
and production of new or improved products in this state. The fund shall contain
a program account, an interest and sinking account, and other accounts authorized
by the legislature. To carry out the program authorized by this subsection, the
legislature may authorize loans, loan guarantees, and equity investments using
money in the Texas product development fund and the issuance of up to $25
million of general obligation bonds to provide initial funding of the Texas product
development fund. The Texas product development fund is composed of the
Art. 16 Sec. 71
185
proceeds of the bonds authorized by this subsection, loan repayments, guarantee
fees, royalty receipts, dividend income, and other amounts received by the state
from loans, loan guarantees, and equity investments made under this subsection
and any other amounts required to be deposited in the Texas product development
fund by the legislature.
(b) The legislature by law may establish a Texas small business incubator
fund to be used without further appropriation solely in furtherance of a program
established by the legislature to foster and stimulate the development of small
businesses in the state. The fund shall contain a project account, an interest
and sinking account, and other accounts authorized by the legislature. A small
business incubator operating under the program is exempt from ad valorem
taxation in the same manner as an institution of public charity under Article
VIII, Section 2, of this constitution. To carry out the program authorized by
this subsection, the legislature may authorize loans and grants of money in the
Texas small business incubator fund and the issuance of up to $20 million of
general obligation bonds to provide initial funding of the Texas small business
incubator fund. The Texas small business incubator fund is composed of the
proceeds of the bonds authorized by this subsection, loan repayments, and other
amounts received by the state for loans or grants made under this subsection and
any other amounts required to be deposited in the Texas small business incubator
fund by the legislature.
(c) The legislature may require review and approval of the issuance of bonds
under this section, of the use of the bond proceeds, or of the rules adopted by an
agency to govern use of the bond proceeds. Notwithstanding any other provision
of this constitution, any entity created or directed to conduct this review and
approval may include members, or appointees of members, of the executive,
legislative, and judicial departments of state government.
(d) Bonds authorized under this section constitute a general obligation of the
state. While any of the bonds or interest on the bonds is outstanding and unpaid,
there is appropriated out of the fi rst money coming into the treasury in each fi scal
year, not otherwise appropriated by this constitution, the amount suffi cient to pay
the principal of and interest on the bonds that mature or become due during the
fi scal year, less any amount in any interest and sinking account at the end of the
preceding fi scal year that is pledged to payment of the bonds or interest. (Added
Nov. 7, 1989; Subsec. (b) amended Nov. 2, 1999.)
Sec. 72. TEMPORARY REPLACEMENT OF PUBLIC OFFICER ON
MILITARY ACTIVE DUTY. (a) An elected or appointed offi cer of the state
or of any political subdivision who enters active duty in the armed forces of the
United States as a result of being called to duty, drafted, or activated does not
vacate the offi ce held, but the appropriate authority may appoint a replacement
to serve as temporary acting offi cer as provided by this section if the elected or
appointed offi cer will be on active duty for longer than 30 days.
(b) For an offi cer other than a member of the legislature, the authority who
has the power to appoint a person to fi ll a vacancy in that offi ce may appoint a
temporary acting offi cer. If a vacancy would normally be fi lled by special election,
Art. 16 Sec. 72
186
the governor may appoint the temporary acting offi cer for a state or district offi ce,
and the governing body of a political subdivision may appoint the temporary
acting offi cer for an offi ce of that political subdivision.
(c) For an offi cer who is a member of the legislature, the member of the
legislature shall select a person to serve as the temporary acting representative or
senator, subject to approval of the selection by a majority vote of the appropriate
house of the legislature. The temporary acting representative or senator must
be:
(1) a member of the same political party as the member being temporarily
replaced; and
(2) qualifi ed for offi ce under Section 6, Article III, of this constitution for a
senator, or Section 7, Article III, of this constitution for a representative.
(d) The officer who is temporarily replaced under this section may
recommend to the appropriate appointing authority the name of a person to
temporarily fi ll the offi ce.
(e) The appropriate authority shall appoint the temporary acting offi cer to
begin service on the date specifi ed in writing by the offi cer being temporarily
replaced as the date the offi cer will enter active military service.
(f) A temporary acting offi cer has all the powers, privileges, and duties of
the offi ce and is entitled to the same compensation, payable in the same manner
and from the same source, as the offi cer who is temporarily replaced.
(g) A temporary acting offi cer appointed under this section shall perform
the duties of offi ce for the shorter period of:
(1) the term of the active military service of the offi cer who is temporarily
replaced; or
(2) the term of offi ce of the offi cer who is temporarily replaced.
(h) In this section, “armed forces of the United States” means the United
States Army, the United States Navy, the United States Air Force, the United States
Marine Corps, the United States Coast Guard, any reserve or auxiliary component
of any of those services, or the National Guard. (Added Sept. 13, 2003.)
Art. 16 Sec. 72
187
ARTICLE 17
MODE OF AMENDING THE
CONSTITUTION OF THIS STATE
Sec. 1. PROPOSED AMENDMENTS; PUBLICATION; SUBMISSION
TO VOTERS; ADOPTION. (a) The Legislature, at any regular session, or at
any special session when the matter is included within the purposes for which
the session is convened, may propose amendments revising the Constitution, to
be voted upon by the qualifi ed voters for statewide offi ces and propositions, as
defi ned in the Constitution and statutes of this State. The date of the elections shall
be specifi ed by the Legislature. The proposal for submission must be approved
by a vote of two-thirds of all the members elected to each House, entered by
yeas and nays on the journals.
(b) A brief explanatory statement of the nature of a proposed amendment,
together with the date of the election and the wording of the proposition as it is
to appear on the ballot, shall be published twice in each newspaper in the State
which meets requirements set by the Legislature for the publication of offi cial
notices of offi ces and departments of the state government. The explanatory
statement shall be prepared by the Secretary of State and shall be approved by
the Attorney General. The Secretary of State shall send a full and complete copy
of the proposed amendment or amendments to each county clerk who shall post
the same in a public place in the courthouse at least 30 days prior to the election
on said amendment. The fi rst notice shall be published not more than 60 days
nor less than 50 days before the date of the election, and the second notice shall
be published on the same day in the succeeding week. The Legislature shall fi x
the standards for the rate of charge for the publication, which may not be higher
than the newspaper’s published national rate for advertising per column inch.
(c) The election shall be held in accordance with procedures prescribed by
the Legislature, and the returning offi cer in each county shall make returns to
the Secretary of State of the number of legal votes cast at the election for and
against each amendment. If it appears from the returns that a majority of the
votes cast have been cast in favor of an amendment, it shall become a part of this
Constitution, and proclamation thereof shall be made by the Governor. (Amended
Nov. 7, 1972, and Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS
for Sec. 1: See Appendix, Note 1.)
Sec. 2. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 2: See Appendix, Note 1.)
Art. 17 Sec. 1
188
APPENDIX
Notes on Temporary Provisions
for Adopted Amendments
A temporary provision may be included in a joint resolution to
amend the Texas Constitution for a variety of reasons. A temporary
provision can provide that the proposed constitutional amendment have
a limited duration, but this is an exceedingly rare occurrence. The
more common uses of temporary provisions are as saving provisions
or transition provisions. A temporary saving provision “saves” from
the application of a new or amended constitutional provision certain
conduct or legal relationships that occurred before or existed on the
effective date of the constitutional amendment. A temporary transition
provision provides for the orderly implementation of the constitutional
amendment. The most common type of temporary transition
provision is one that provides an effective date for a constitutional
amendment that is later in time than the effective date that would
otherwise occur by operation of law. Most temporary provisions
include an expiration date; those with no expiration date remain in the
constitution in perpetuity unless removed by a subsequent amendment
to the constitution.
1. H.J.R. No. 62, Section 56, 76th Legislature, Regular Session, 1999.
TEMPORARY TRANSITION PROVISIONS. (a) This section
applies to amendments proposed by H.J.R. No. 62, 76th Legislature,
Regular Session, 1999.
(b) The amendments do not impair any obligation created by the
issuance of bonds or other evidences of indebtedness in accordance
with prior law, and all bonds or other evidences of indebtedness
validly issued under provisions amended or repealed remain valid,
enforceable, and binding according to their terms and shall be paid
from the sources pledged. Bonds or other evidences of indebtedness
authorized but unissued on the effective date of the amendments may
be issued in compliance with and subject to the provisions of the
prior law. The amendments do not reduce or expand the authority to
provide for, issue, or sell bonds or other evidences of indebtedness
previously authorized.
(c) As of the date of adoption of H.J.R. No. 62 by the 76th
Legislature, Regular Session, 1999, the Veterans’ Land Board has
authorized but unissued bonds in the aggregate principal amount of
$190,002,225 for the purpose of providing funds for the Veterans’
Land Fund, $1,309,997,775 having previously been issued for that
purpose, and $615,000,000 for the purpose of providing funds for
the Veterans’ Housing Assistance Fund II, $385,000,000 having
previously been issued for that purpose. The amendments do not in
any manner impair the authority of the Veterans’ Land Board hereafter
to issue bonds or incur other evidences of indebtedness, provided that
189
any bonds or other evidences of indebtedness issued or incurred by
the Veterans’ Land Board prior to adoption of the amendments shall
cause the amount of authorized but unissued bonds described in this
subsection to be reduced by the amount of the bonds so issued or
other evidences of indebtedness so incurred.
(d) As of the date of adoption of H.J.R. No. 62 by the 76th
Legislature, Regular Session, 1999, the Texas Water Development
Board has authorized but unissued bonds in the aggregate principal
amount of $945,765,000, and as of that date that board has issued
$113,300,000 in bonds for the purpose of providing wholesale and
retail water and wastewater facilities to economically distressed areas
of the state, as defi ned by law. The amendments do not in any manner
impair the authority of the Texas Water Development Board hereafter
to issue bonds or incur other evidences of indebtedness, provided that
any bonds or other evidences of indebtedness issued or incurred by the
Texas Water Development Board prior to adoption of the amendments
shall cause the amount of authorized but unissued bonds described in
this subsection to be reduced by the amount of the bonds so issued or
other evidences of indebtedness so incurred.
(e) As of the date of adoption of H.J.R. No. 62 by the 76th
Legislature, Regular Session, 1999, the Texas Higher Education
Coordinating Board has authorized but unissued bonds in the
aggregate principal amount of $150,000,000, and as of that date the
board has issued $810,000,000 in bonds for the purpose of educational
loans to students. The amendments do not in any manner impair the
authority of the Texas Higher Education Coordinating Board hereafter
to issue bonds or incur other evidences of indebtedness, provided that
any bonds or other evidences of indebtedness issued or incurred by
the Texas Higher Education Coordinating Board prior to adoption of
the amendments shall cause the amount of authorized but unissued
bonds described in this subsection to be reduced by the amount of the
bonds so issued or other evidences of indebtedness so incurred.
(f) The amendment of Subsection (b), Section 1-b, Article VIII,
does not affect the increase in the amount of an exemption effective
January 1, 1979, under that subsection, and that increase is preserved
and given effect in accordance with the prior law.
(g) The amendment of Subsection (b), Section 1-j, Article VIII,
does not affect the taxation of personal property in accordance with
action taken under that section before April 1, 1990, and that authority
to tax personal property is preserved and given effect in accordance
with the prior law.
(h) The amendment of Subsection (c), Section 5, Article IX, does
not affect the validity of a confi rmation election held in accordance
with that section.
Notes
190
(i) The repeal of Section 5, Article VIII, does not affect the
power of a municipality to impose and collect taxes on the property
of railroad companies in accordance with the general authority of
municipalities under this constitution to impose and collect those
taxes.
(j) The repeal of Section 6, Article IX, does not affect the
disposition of assets of the Lamar County Hospital District in
accordance with that section.
(k) The amendment of Section 44, Article XVI, does not affect
the power of a county to abolish the offi ce of county treasurer or
county surveyor in accordance with previously adopted amendments
of that section, and the power is preserved in accordance with the
prior law.
(l) The repeal of Section 66, Article XVI, does not affect the
pensions payable under that section and those pensions shall be paid
in accordance with the prior law.
(m) The reenactment of any provision for purposes of amendment
does not revive a provision that may have been impliedly repealed by
the adoption of a later amendment.
(n) The amendment of any provision does not affect vested
rights.
2. H.J.R. No. 58, Section 3, 76th Legislature, Regular Session, 1999.
TEMPORARY PROVISION. (a) The amendment of Section 18,
Article VII, of this constitution adopted in 1999 does not impair any
obligation created by the issuance of bonds or notes in accordance
with that section before January 1, 2000, and all outstanding bonds
and notes validly issued under that section remain valid, enforceable,
and binding and shall be paid in full, both principal and interest, in
accordance with their terms and from the sources pledged to their
payment. In order to ensure that the amendment of that section does
not impair any obligation created by the issuance of those bonds and
notes, there shall be distributed from the income, investment returns, or
other assets of the permanent university fund to the available university
fund during each fi scal year an amount at least equal to the amount
necessary to pay the principal and interest due and owing during the
fi scal year on those bonds and notes.
(b) This section expires January 1, 2030.
3. H.J.R. No. 75, Section 9.01, 77th Legislature, Regular Session, 2001.
TEMPORARY TRANSITION PROVISION. (a) This section
applies to the amendments to this constitution proposed by H.J.R.
No. 75, 77th Legislature, Regular Session, 2001.
Notes
191
(b) The reenactment of any provision of this constitution for
purposes of amendment does not revive a provision that may have
been impliedly repealed by the adoption of a later amendment.
(c) The amendment of any provision of this constitution does
not affect vested rights.
4. S.J.R. No. 13, Section 2, 80th Legislature, Regular Session, 2007.
TEMPORARY PROVISION. (a) This temporary provision
applies to the constitutional amendment proposed by the 80th
Legislature, Regular Session, 2007, authorizing the legislature to
provide for a reduction of the limitation on the total amount of ad
valorem taxes that may be imposed for public school purposes on
the residence homesteads of the elderly or disabled to refl ect any
reduction in the rate of those taxes for the 2006 and 2007 tax years.
This temporary provision expires January 1, 2009.
(b) The amendment to Section 1-b, Article VIII, of this
constitution takes effect on the date of the offi cial canvass of returns
showing adoption of the amendment and applies beginning with the
tax year that begins January 1, 2007. The legislature may enact a
general law authorized by the constitutional amendment that applies
to the entire 2007 tax year, notwithstanding that the constitutional
amendment was adopted after the beginning of that tax year, and a
general law applicable to the entire 2007 tax year is not considered
to be a retroactive law.
5. S.J.R. No. 29, Section 3, 80th Legislature, Regular Session, 2007.
TEMPORARY TRANSITION PROVISION. (a) This temporary
provision applies to the constitutional amendment proposed by the
80th Legislature, Regular Session, 2007, authorizing the legislature
to exempt all or part of the residence homesteads of certain totally
disabled veterans from ad valorem taxation and authorizing a change
in the manner of determining the amount of the existing exemption
from ad valorem taxation to which a disabled veteran is entitled and
expires January 1, 2009.
(b) The amendments to Sections 1-b and 2(b), Article VIII, of
this constitution take effect January 1, 2008, and apply only to a tax
year beginning on or after that date.
6. H.J.R. No. 54, Section 2, 80th Legislature, Regular Session, 2007.
TEMPORARY TRANSITION PROVISION. (a) This temporary
provision applies to the constitutional amendment proposed by the
80th Legislature, Regular Session, 2007, authorizing the legislature
to exempt from ad valorem taxation one motor vehicle owned by
an individual and used in the course of the owner’s occupation or
profession and also for personal activities of the owner and expires
January 1, 2009.
Notes
192
Notes
(b) The amendment to Section 1(d), Article VIII, of this
constitution takes effect on the date of the offi cial canvass of returns
showing adoption of the amendment and applies beginning with the
tax year that begins January 1, 2007. The legislature may enact a
general law authorized by the constitutional amendment that applies
to the entire 2007 tax year, notwithstanding that the constitutional
amendment was adopted after the beginning of that tax year, and a
general law applicable to the entire 2007 tax year is not considered
to be a retroactive law.
7. S.J.R. No. 44, Section 2, 80th Legislature, Regular Session, 2007.
TEMPORARY TRANSITION PROVISION. (a) This temporary
provision applies to the constitutional amendment proposed by the
80th Legislature, Regular Session, 2007, authorizing the legislature
to permit the voters of a municipality having a population of less
than 10,000 to authorize the governing body of the municipality to
enter into an agreement with an owner of real property in or adjacent
to an area in the municipality that has been approved for funding
under certain revitalization or redevelopment programs to prohibit
ad valorem tax increases on the owner’s property for a limited period
and expires January 1, 2009.
(b) Section 1-o, Article VIII, of this constitution takes effect January
1, 2008, and applies only to a tax year that begins on or after that date.
I-1
INDEX
ABOLITION OF GOVERNMENT
Right of citizens ...............................I-2
ABSENTEE VOTING
Authorization ......................VI-2, VI-2a
ACCUSED
Bail ..........................I-11, I-11a, I-11b
Rights in criminal
prosecutions ..................................I-10
AD VALOREM TAX
see TAXATION - PROPERTY
ADJOURNMENT
Legislature, day-to-day basis ....... III-10
Legislature, more than three
days or to other place................. III-17
ADMINISTRATIVE ORDERS
Validity ........................................ V-3-b
ADOPTION
Children, local or special law
prohibited .................................. III-56
ADVERSE POSSESSION
School lands of county,
prohibited ...................................VII-6
AFFIDAVITS
Jurisdictional facts
Court of criminal appeals ...........V-5
Supreme court ............................V-3
Prosecution in county court by ......V-17
AFFIRMATIONS
see OATHS & AFFIRMATIONS
AGED PERSONS
Assistance grants ...................... III-51-a
Homestead exemption ............. VIII-1-b
Reverse mortgages .................... XVI-50
AGRICULTURAL EXPERIMENT
STATIONS
Bonds for permanent
improvements ...........................VII-18
AGRICULTURAL EXTENSION
SERVICE
Bonds for permanent
improvements ...........................VII-18
AGRICULTURAL FINANCE
AUTHORITY, TEXAS
Funds administered................... III-49-f
AGRICULTURAL FUND
Bonds ........................................ III-49-f
Establishment ............................III-49-i
AGRICULTURAL LAND
Assessment for property
tax ..................... VIII-1-d, VIII-1-d-1
Sale for payment of
taxes .......................... VIII-13, VIII-15
Redemption ......................... VIII-13
School, taxation of ......................VII-6a
AGRICULTURAL PRODUCTS
Associations of producers of,
authority to collect refundable
assets ...................................... XVI-68
Development fund .....................III-49-i
Exempt from taxation ............... VIII-19
AGRICULTURE
Farm & ranch
loans .......................... III-49-f, III-50c
Grain warehouse self-insurance
fund ........................................ III-50-e
Occupation tax not required for
person in agricultural
pursuits ..................................... VIII-1
AGRICULTURE, COMMISSIONER OF
Farm & ranch loan security
bonds, power to issue .............. III-50c
AID
see ASSISTANCE OR AID
AIR FORCE
see ARMED FORCES
AIRPORT AUTHORITIES
Creation, board of directors,
taxes & zoning ...........................IX-12
ALCOHOLIC BEVERAGES
Sale of ....................................... XVI-20
ALTERATION OF GOVERNMENT
Right of citizens ...............................I-2
AMARILLO, CITY OF
Hospital district, creation of ..........IX-5
AMENDMENTS
Blind, prohibited .......................... III-36
By non-originating house ............ III-31
Cannot change purpose ............... III-30
City charters ..................................XI-5
Constitution ...............................XVII-1
see also BILLS
ANDREWS COUNTY
County treasurer’s offi ce abolished
& duties transferred ................ XVI-44
ANGELO STATE UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
I-2
ANTITRUST LAWS
Evidence by deposition ..................I-10
APPEALS
Adjudication of insanity ..............I-15-a
Bail, denial of ............................... I-11a
Court of criminal appeals, bail
denial orders ............................... I-11a
Criminal cases
Disallowed ground for
appeal ......................................I-30
State right to appeal ..................V-26
Supreme court
jurisdiction ...........................V-3, V-3b
APPOINTMENTS
Clerks of appellate courts ..............V-5a
County attorney, in case of
vacancy ........................................V-21
County judge, by consent, when
regular judge disqualifi ed ............V-16
Court of appeals, in case of
vacancy ........................................V-28
Court of criminal appeals, in
case of vacancy ............................V-28
District court judge, in case of
vacancy ........................................V-28
Duration of .................................. IV-12
Judges, in case of vacancy .............V-28
Justice of peace, in case of
vacancy ........................................V-28
Railroad commissioner, in case
of vacancy ............................... XVI-30
Secretary of state ......................... IV-21
Senate approval required ............. IV-12
State Commission on Judicial
Conduct ......................................V-1-a
Supreme court, in case of
vacancy ........................................V-28
Texas Ethics Commission .......... III-24a
Veterans’ Land Board ...............III-49-b
Water Development Board ....... III-49-c
APPORTIONMENT
Judicial districts .............................V-7a
Legislative Redistricting
Board ................................III-28, V-7a
Representatives ........III-2, III-26, III-28
Senators ............................III-25, III-28
Terms after ............................... III-3
Time for ....................................... III-28
APPROPRIATIONS
Bill
Comptroller to endorse ......... III-49a
Exempt from effective date
rule ....................................... III-39
May embrace various
subjects ................................. III-35
Time of taking effect .............. III-39
Veto of items .......................... IV-14
Bond guarantee program, part of
permanent school fund
appropriated for ..........................VII-5
Colleges & universities,
construction ..............................VII-17
Compensation of public
offi cers ....................................... III-44
Comptroller’s certifi cate ............ III-49a
Constitutional Revision
Commission .............................XVII-2
Duration ...................................... VIII-6
Economic stabilization
fund ........................................III-49-g
Emergency ................................ VIII-22
Colleges & universities ........VII-17,
VII-18
Prior approval of transfer
required ............................. XVI-69
Extra compensation ..........III-44, III-53
Governor’s approval of items ...... IV-14
Historical memorials ................ XVI-39
Hospital districts, prohibited .........IX-4
In excess of anticipated revenues,
prohibited ................................ III-49a
Individuals, prohibited unless there
is law validating claim ............... III-44
Prior approval of emergency funds
transfer required ..................... XVI-69
Private purposes, prohibited ....... XVI-6
Published annually ..................... XVI-6
Religious societies, seminaries
& sects, prohibited ..........................I-7
Restrictions ............................... VIII-22
Schools .........................................VII-3
Specifi c, required ........................ VIII-6
Texas A&M University ...............VII-13
ARMED FORCES
Enlisted personnel, may hold more
than one offi ce ........................ XVI-40
Grand jury indictment, wartime
exception ......................................I-10
Public offi cers called to active
duty, may be temporarily
replaced .................................. XVI-72
Retired offi cers, may hold more
than one offi ce ........................ XVI-40
Veterans
Bonds to provide fi nancing
for ..................... III-49-b, III-49-n*
Bonds to provide fi nancing
for cemeteries ....................III-49-b
* Of the two Articles III-49-n, this is the one added by Acts 2003, 78th Leg., R.S., S.J.R. 55.
I-3
Disabled, property tax
exemption ............................ VIII-2
Purchase of land from Veterans’
Land Fund .........................III-49-b
see also MILITARY
ARMS
see WEAPONS
ARMY
see ARMED FORCES
ARREST
Legislators, privilege from
during session ............................ III-14
Search & seizure, guaranty
against ............................................I-9
Voters, privilege from ....................VI-5
Warrant, requirement of ....................I-9
ARTISANS’ LIENS
Lien for value of labor or
materials ................................. XVI-37
ASSAULT, AGGRAVATED
Bail denial .................................... I-11a
ASSEMBLY
Right of citizens .............................I-27
ASSESSOR-COLLECTOR OF TAXES
see TAX ASSESSOR -COLLECTOR
ASSISTANCE OR AID
Aged, blind, or children ............ III-51-a
Death benefi ts ...........................III-51-d
Disabled .................................... III-51-a
Fire departments ....................III-51-a-1
Limitation on expenditures ....... III-51-a
Medical care ............................. III-51-a
Public calamity ............................ III-51
Veterans ....................................III-49-b
ASYLUMS
Commitment
Testimony of expert
witness required ...................I-15-a
Up to 90 days without trial ........I-15
ATTAINDER
Bills of, prohibited ..........................I-16
ATTORNEY AD LITEM
Appointment of ...........................I-15-a
ATTORNEY GENERAL
Accounting & reporting to
governor..................................... IV-24
Bond approval
Available university fund ......VII-18
Higher education fund ...........VII-17
Park development fund ........ III-49-e
Permanent university fund.....VII-18
Texas Water Development
Fund ................................. III-49-c,
III-49-d, III-49-d-1
Texas Water Development
Fund II ............................III-49-d-8
Veterans’ Land Fund ...........III-49-b
Constitutional amendment,
explanatory statement
approved by .............................XVII-1
Duties .......................................... IV-22
Election ..................... IV-2, IV-3, IV-22
Executive department offi cer ......... IV-1
Impeachment, trial by senate ........XV-2
Ineligible for legislature .............. III-19
Legislative Redistricting Board
member ...................................... III-28
Salary, minimum ...................... III-61-a
State debt approval ...................... III-49
Term of offi ce .............................. IV-22
ATTORNEYS
Accused right to .............................I-10
County
Election & term of offi ce ..........V-21
Removal of ...............................V-24
Represent state in cases in
district & inferior courts .........V-21
Vacancy in offi ce ......................V-21
District
Criminal district attorneys,
election & term of offi ce ........V-30
Election & term of offi ce ..........V-21
Liability in criminal cases ..............I-30
AUSTIN, CITY OF
Convening legislature in place
other than Austin ......................... IV-8
Seat of government ...................... III-58
State Commission on Judicial
Conduct ......................................V-1-a
AUSTIN COUNTY
Relinquishment of state claim to
certain lands & minerals ..........VII-2A
AVAILABLE SCHOOL FUND
Establishment, composition,
& allocation ................................VII-5
Limited distribution of total returns
from permanent school fund
investments .................................VII-5
AVAILABLE UNIVERSITY FUND
Composition & allocation ..........VII-18
BAIL
Capital offenses not bailable ..........I-11
Denial ........................I-11, I-11a, I-11b
Excessive, not to be required ..........I-13
Prisoner’s right to ...........................I-11
I-4
BALLOTS
Election .........................................VI-4
BANKS & SAVINGS INSTITUTIONS
Incorporation & operation ........ XVI-16
BAR, STATE
State Commission on Judicial
Conduct, appointment to ............V-1-a
BASTROP COUNTY
Relinquishment of state claim to
certain lands.............................VII-2A
BEACHES
Traffi c on, governing body may
regulate ....................................IX-1-A
BEE COUNTY
County treasurer’s offi ce abolished
& duties transferred ................ XVI-44
BEXAR COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
County treasurer’s offi ce abolished
& duties transferred ................ XVI-44
BILL OF RIGHTS
Accused, guaranteed rights .............I-10
Arms, keeping, bearing
& wearing .....................................I-23
Assembly, right of citizens .............I-27
Attainder, bills of, prohibited .........I-16
Attorney ad litem, court will
appoint .......................................I-15-a
Bail
Denial of ...............I-11, I-11a, I-11b
Excessive, prohibited ................I-13
Commitment of persons of
unsound mind ................... I-15, I-15-a
Contracts not to be impaired ..........I-16
Corruption of blood for
conviction prohibited ....................I-21
Courts shall be open .......................I-13
Crime victims .................................I-30
Cruel & unusual punishment
prohibited .....................................I-13
Debt, imprisonment for
prohibited .....................................I-18
Deportation for offense committed
in state prohibited .........................I-20
Double jeopardy prohibited ............I-14
Due course of law
Deprivation without,
prohibited ................................I-19
Remedy .....................................I-13
Eminent domain .............................I-17
Entailments prohibited ...................I-26
Equality ................................... I-3, I-3a
Ex post facto laws prohibited .........I-16
Excepted from powers of
government ...................................I-29
Exclusive privileges, prohibition of
except for public service .................I-3
Forfeiture of estate for conviction
prohibited .....................................I-21
Former jeopardy of life & liberty
for same offense prohibited ..........I-14
Franchises .......................................I-17
Free institutions, maintenance of ......I-1
Government
Alteration of ................................I-2
By & for the people .....................I-2
Habeas corpus ................................I-12
Impeachment ..................................I-10
Indictment by grand jury ................I-10
Jury trial
Criminal prosecutions ...............I-10
Right to .......................... I-15, I-15-a
Libel, jury determines facts ..............I-8
Liberty of speech & press .................I-8
Life, liberty & property, deprivation
without due course of law
prohibited .....................................I-19
Local government, preservation of ...I-1
Marriage, defi nition of ....................I-32
Mentally ill persons
Commitment ...........................I-15-a
Temporary commitment ............I-15
Military subordinate to civil
authority .......................................I-24
Monopolies prohibited ...................I-26
Oaths taken under penalty of
perjury ............................................I-5
Open courts ....................................I-13
Outlawry prohibited .......................I-20
Perpetuities prohibited ....................I-26
Perpetuity of government .................I-1
Preservation of in case of
disaster ....................................... III-62
Press, freedom of ..............................I-8
Primogeniture prohibited ................I-26
Privileges & immunities, none
granted ..........................................I-17
Property, compensation from state
for use of ......................................I-17
Quartering of soldiers .....................I-25
Redress of grievances, right of
citizens ..........................................I-27
Religion
Freedom of ..................................I-6
Religious beliefs do not
disqualify witnesses ..................I-5
Religious tests not required for
public offi ce...............................I-4
Religious organizations
Equal protection ..........................I-6
No appropriation of state funds
or property to .............................I-7
I-5
No preference to ..........................I-6
Retroactive laws prohibited ............I-16
Search & seizure prohibited .............I-9
Speech, freedom of ...........................I-8
Suicides, descent of property ..........I-21
Suspension of laws by legislature
only ...............................................I-28
Texas, free & independent ................I-1
Treason ...........................................I-22
Trial
By jury ................. I-10, I-15, I-15-a
Second, prohibited after verdict
of not guilty .............................I-14
Speedy & public ........................I-10
Truth of publication as evidence .......I-8
Victims of crime .............................I-30
Warrants, requirements for ...............I-9
Witnesses not disqualifi ed by
religious beliefs ..............................I-5
Worship, freedom to .........................I-6
BILLS
Amendments
Blind, prohibited .................... III-36
By non-originating house ....... III-31
By reference, prohibited ......... III-36
Cannot change purpose .......... III-30
Appropriations
Comptroller to endorse ......... III-49a
Exempt from 90-day rule ....... III-39
May embrace various
subjects ................................. III-35
Veto of items .......................... IV-14
Committee, reference to & report
from ........................................... III-37
Comptroller’s certifi cate that amount
appropriated is available .......... III-49a
Consideration ................................ III-5
Defeated, no other of same
substance ................................... III-34
Effective date ............................... III-39
Emergency, 2/3 vote required ...... III-39
Enacting clause ............................ III-29
Failure to be signed by
governor..................................... IV-14
Governor must be sent all bills,
concurrent resolutions
& orders ..................................... IV-15
Introduction ................................... III-5
Laws passed only by bills ............ III-30
Originate in either house ............. III-31
Reading on three several days ..... III-32
Suspension of rule .................. III-32
Rejection by either house ............ III-31
Revenue, originate in house
only ............................................ III-33
Revival or amendment by
reference .................................... III-36
Signing
By governor ............................ IV-14
By presiding offi cers .............. III-38
Subject, one per bill ..................... III-35
Titles ............................................ III-35
Amendment by reference to
prohibited ............................. III-36
Veto ............................................ IV-14
BILLS OF ATTAINDER
Prohibited .......................................I-16
BINGO
Authorization of games ............... III-47
BLIND AMENDMENTS
Prohibited .................................... III-36
BLIND PERSONS
Agencies serving, private
donations to .............................. XVI-6
Assistance grants ...................... III-51-a
BOARDS & COMMISSIONS
Composition ........................... XVI-30a
In name of Texas ......................... IV-20
Term of offi ce ......................... XVI-30a
see also names of specifi c boards
BONDS
Adjutant general’s
department ................III-50-f, III-50-g
Aging and Disability Services,
Department of .........................III-50-g
Agricultural fund .........III-49-f, III-49-i
Agricultural water
conservation ............................III-50-d
Agriculture, Department of ...... III-50-f
Airport authorities .......................IX-12
Blind & Visually Impaired,
Texas School for the .............. III-50-f,
III-50-g
Building and Procurement
Commission, Texas .................III-50-g
Cities may issue to fi nance
development .......................... VIII-1-g
Conservation & reclamation
districts ................................... XVI-59
For fi re-fi ghting purposes .... XVI-59
Construction & repair
projects ................................... III-50-f
Coordinating Board, Texas
Higher Education .................III-50b-4,
III-50b-5
Correctional, law enforcement &
mental health facilities ............III-49-h
Counties
Economic development ....... III-52-a
Hospital districts ........... IX-4, IX-5,
IX-9, IX-9B, IX-11
I-6
Improvements ......................... III-52
Seawall construction ................XI-7
Criminal Justice, Texas
Department of ........... III-50-f, III-50-g
Deaf, Texas School
for the ....................... III-50-f, III-50-g
Economic development ........... III-52-a,
VIII-1-g, XVI-71
Economic development projects
for defense-related
communities .........................III-49-n*
Economically distressed
areas ...................................III-49-d-10
Elections involving bond
issuance ..................................... VI-3a
Farm & ranch fi nance
program .................................. III-49-f
Farm & ranch loan security
bonds ....................................... III-50c
General revenue fund ................III-49-j
General Services Commission
(see also Texas Building and
Procurement Commission) ..... III-50-f
Health, Texas Department of
(see also Department of State
Health Services) ..................... III-50-f
Higher Education Coordinating
Board, Texas ...................... III-50b-6A
Highway improvement .............III-49-p
Historical Commission,
Texas .........................III-50-f, III-50-g
Independent school districts ..... VII-3-b
Institutions of higher education,
permanent improvements ........VII-17,
VII-18
Interest rates ................................ III-65
Investment for permanent
university fund .......... VII-11, VII-11a,
VII-17, VII-18
Jail districts ............................... III-48-f
Junior college districts .............. VII-3-b
Mental Health & Mental Retardation,
Texas Department of ............... III-50-f
Mental health & mental retardation
facilities ..................................III-49-h
Military value revolving loan
account .................................III-49-n*
Parks & Wildlife
Department ............... III-49-e, III-50-f
Political subdivisions .....III-52, III-52-a
Preservation Board, State ......... III-50-f
Prisons ......................................III-49-h
Product development fund ........ XVI-71
Public Safety, Department of ... III-50-f,
III-50-g
Purchase of needed
equipment ............................... III-50-f
Rail relocation and improvement
fund ........................................III-49-o
Roads ............................. III-49-l, III-52
School, permanent school fund may
be used to guarantee ...................VII-5
State Health Services,
Department of .........................III-50-g
Student loans ....... III-50b-4, III-50b-5,
III-50b-6
Taxation, exemption from ........... VIII-2
Texas A&M System, bonds for
permanent improvements .........VII-18
Transportation Commission,
Texas .........III-49-n†, III-49-o, III-49-p
U.S., as investment for permanent
university fund ........... VII-11, VII-11a
University of Texas System,
bonds for permanent
improvements ...........................VII-18
Veterans cemeteries ..................III-49-b
Veterans homes .........................III-49-b
Veterans’ Housing Assistance
Fund ........................................III-49-b
Veterans’ Housing Assistance
Fund II ....................................III-49-b
Veterans’ Land Fund ................III-49-b,
III-65
Water Development Board ...... III-49-c,
III-49-d, III-49-d-1, III-49-d-2,
III-49-d-7, III-49-d-8, III-49-d-9,
III-49-d-10, III-50-d
Youth Commission, Texas ....... III-50-f,
III-50-g
Youth corrections facilities .......III-49-h
BRANCH BANKING
Permitted under certain
circumstances ......................... XVI-16
BRANDS
Regulation ................................ XVI-23
BREAKWATERS
Donation of public domain
for construction ...........................XI-8
Right of way, condemnation
& taxes .........................................XI-7
BRIBERY
Disqualifi cation from offi ce ....... XVI-2,
XVI-5, XVI-41
* Of the two Articles III-49-n, this is the one added by Acts 2003, 78th Leg., R.S., S.J.R. 55.
† Of the two Articles III-49-n, this is the one added by Acts 2003, 78th Leg., R.S., H.J.R. 28.
I-7
Exclusion from jury service ..........V-14
Exclusion from voting ...................VI-1
Executive, judicial, or legislative
offi cer ..................................... XVI-41
BRIDGES
Construction of provided by
general law ..................................XI-2
Convict labor, use of ................. XVI-24
Harris County, funds for
construction ............................. III-52d
Limit of tax by county or city ..... VIII-9
Local or special law
prohibited .................................. III-56
Provision ..........................XI-2, XVI-24
BUSINESS
Banking or discounting
privileges ................................ XVI-16
Monopolies prohibited ...................I-26
Product & business development
funds ....................................... XVI-71
CANALS
Bonds for construction ................ III-52
CANCER
Cancer Prevention and Research
Institute of Texas ....................... III-67
CAPITAL
Austin, seat of government .......... III-58
CAPITAL OFFENSES
Bail denial ......................................I-11
Reprieves & conditional
pardons ...................................... IV-11
CASS COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
CASTRO COUNTY
Hospital district, creation of ........IX-11
CEMETERIES
Exemption from property tax ..... VIII-2
Local or special law prohibited ... III-56
CERTIORARI, WRIT OF
Court of criminal appeals, power
to issue ...........................................V-5
District court, power to issue ...........V-8
Supreme court, power to issue .........V-3
CHAMBERS COUNTY
Excepted from precinct
population requirements ..............V-18
CHANGE OF NAME
Local or special law
prohibited .................................. III-56
CHARITABLE RAFFLES
Permitted under certain
circumstances ............................ III-47
CHARITY ORGANIZATIONS
Exemption from property tax ..... VIII-2
CHILD SUPPORT
Garnishment of wages for
payment .................................. XVI-28
CHILDREN
see MINORS
CHURCHES
see RELIGIOUS ORGANIZATIONS
CITIES & TOWNS
Alcoholic beverages legalized by
local option ............................. XVI-20
Bonds
Economic development ......III-52-a,
III-1-g
Elections ................................. VI-3a
Improvements ......................... III-52
Seawall construction ................XI-7
Charter
Amendment by cities when
population reduced to
5,000 or less ...........................XI-5
Cities with population of
5,000 or less ...........................XI-4
Cities with population of more
than 5,000 ...............................XI-5
Local or special law
prohibited ............................. III-56
Civil service .................................XI-11
Elections .......................VI-3, XVI-13A
Employees
Extra compensation
prohibited ............................. III-53
Workers’ compensation .......... III-60
Fire fi ghting equipment,
donation of...................III-52h, III-52i
Governmental functions,
consolidation of ......................... III-64
Governmental & proprietary
functions, defi nition of ..............XI-13
Insurance payments ..................... III-52
Loans or grants of public
money ..........................III-52, III-52-a
Municipal elections ......VI-3, XVI-13A
Occupation tax, limits on ............ VIII-1
Offi cials
Extra compensation
prohibited ............................. III-53
Term of offi ce .........XI-11, XVI-30b
Participation in establishment of
MHMR & public health
services ......................................IX-13
I-8
Private corporate capital, may not
subscribe to ..................................XI-3
Property exempt from forced sale
& taxation ....................................XI-9
Railroad property liable to
municipal taxation .................... VIII-5
Sewer laterals, relocation on
private property .........................XI-12
Taxation
Exemption from .................VIII-1-f,
VIII-1-g
Maximum .............................. VIII-9
Population 5,000 or less ...........XI-4
Population over 5,000 ..............XI-5
Purposes for............................ III-52
Water laterals, relocation on
private property .........................XI-12
CIVIL AUTHORITY
Military subordinate to ...................I-24
CIVIL LITIGATION
State defended by attorney
general ....................................... IV-22
CIVIL SERVICE
Term of offi ce ......................... XVI-30b
CLEMENCY
Powers of governor ...................... IV-11
CLERKS OF COURT
Commissioners court .....................V-20
County court ........................V-20, V-24
Court of appeals ............................V-5a
Court of criminal appeals ..............V-5a
District court ..........................V-9, V-24
Ineligible for legislature .............. III-19
Supreme court ...............................V-5a
COAST GUARD
see ARMED FORCES
CODIFICATION
Civil & criminal laws .................. III-43
COLLEGE STUDENT LOAN BONDS
Issuance, terms ......................III-50b-4,
III-50b-5
COLLEGES & UNIVERSITIES
Appropriation from general revenue
fund in certain cases .................VII-17
Construction funding ..................VII-17
County taxation of university
lands .........................................VII-16
Land, appropriation & sale ........VII-12,
VII-15
Student loans ......... III-50b-4, III-50b-5
Terms of offi ce set by
legislature ..............................VII-16-a
Texas tomorrow fund ..................VII-19
see also AVAILABLE UNIVERSITY
FUND; HIGHER EDUCATION
FUND; PERMANENT UNIVERSITY
FUND; specifi c institution name
COLLIN COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
County treasurer’s offi ce abolished
& duties transferred ................ XVI-44
COLONIAS
Bonds for roadways ...................III-49-l
COMANCHE COUNTY
Hospital district coextensive with
County Commissioners Precinct No. 4
of Comanche County ...................IX-8
COMMANDER-IN-CHIEF
Governor, power to call forth
militia .......................................... IV-7
COMMISSIONERS COURTS
Appointments
Airport authority board ..........IX-12
County attorney, in case of
vacancy ...................................V-21
County judge, in case of
vacancy ...................................V-28
Justice of peace, in case of
vacancy ...................................V-28
Sheriff, in case of vacancy .......V-23
Clerk
Election, term of offi ce &
vacancy ...................................V-20
Removal ...................................V-24
Conservation & reclamation
district review ......................... XVI-59
County commissioner, election
& term of offi ce ...........................V-18
County court terms, setting of .......V-29
County permanent school fund,
reduction & distribution ...........VII-6b
Disposal of county school lands,
will provide manner for ..............VII-6
Dual offi ce holding ................... XVI-40
Election .........................................V-18
Establishment ..................................V-1
Harris County, road construction
tax levy .................................... III-52d
Judicial power vested in ..................V-1
May declare offi ce of constable
dormant in certain precincts ........V-18
May submit to voters question of
abolishing offi ce of county
surveyor .................................. XVI-44
Precinct offi cers,
compensation of ..................... XVI-61
Precincts ........................................V-18
Presiding offi cer, county judge ......V-18
I-9
Supervision by district court ............V-8
Taxes, levy of .............................. VIII-9
COMMISSIONS
see BOARDS & COMMISSIONS
COMMITMENT
Temporary, of mentally ill
persons without trial .....................I-15
Testimony of expert witnesses
required .....................................I-15-a
COMMUNITY PROPERTY
Rights & agreements of
spouses ................................... XVI-15
COMPENSATION
Administrators, retired public
school ..................................... XVI-40
Appropriations, none made for
extra ........................................... III-44
Attorney general .......................... IV-22
Minimum ............................. III-61-a
Clerks of appellate courts ..............V-5a
College faculty ......................... XVI-40
Commissioner of General Land
Offi ce ......................................... IV-23
Minimum ............................. III-61-a
Comptroller of public accounts ... IV-23
Minimum ............................. III-61-a
County offi cers
Attorney ...................................V-21
Clerk .........................................V-20
Judge ........................................V-15
County surveyor .........XVI-44, XVI-61
District attorneys ...........................V-21
Dual offi ce holding ................... XVI-33
Extra not allowed ......................... III-53
Governor ............................... IV-5, IV-6
Minimum ............................. III-61-a
Judges & justices
County court .............................V-15
Court of appeals (formerly Court
of Civil Appeals) ......................V-6
Court of criminal appeals ...........V-4
District court ..............................V-7
Justice court......................... XVI-61
Supreme court ............................V-2
Legislators ...................... III-24, III-24a
Lieutenant governor........ III-24a, IV-17
Minimum for certain
offi cials ................................... III-61-a
Property taken by state ...................I-17
Public offi cers ................III-44, XVI-40
Secretary of state ......................... IV-21
Minimum ............................. III-61-a
Sheriff ............................................V-23
Speaker of the house .................. III-24a
Teachers .................................... XVI-40
Two salaries from state
prohibited ............................... XVI-33
Wrongful imprisonment
or fi ne ..................................... III-51-c
COMPTROLLER OF PUBLIC
ACCOUNTS
Accounting & reporting to
governor..................................... IV-24
Bond registration
Park development fund ........ III-49-e
Texas Water Development
Fund .................. III-49-c, III-49-d,
III-49-d-1
Texas Water Development
Fund II ............................III-49-d-8
Veterans’ Land Fund ...........III-49-b
Certifi cation that state has money
that bill appropriates ................ III-49a
Duties of State Treasurer’s
offi ce transferred to ..................... IV-1
Economic stabilization fund,
transfer of funds .....................III-49-g
Election ..................... IV-2, IV-3, IV-23
Endorsement of bills containing
appropriations .......................... III-49a
Estimate of receipts &
disbursements .......................... III-49a
Executive department offi cer ......... IV-1
Financial statement .................... III-49a
Impeachment, trial by senate ........XV-2
Legislative Redistricting Board
member ...................................... III-28
Residence .................................... IV-23
Salary ........................................... IV-23
Minimum ............................. III-61-a
Term of offi ce .............................. IV-23
CONSERVATION & RECLAMATION
DISTRICTS
Board members, terms of ......... XVI-30
Bonds, creation & taxes ............ XVI-59
Development of parks &
recreational facilities .............. XVI-59
Fire-fi ghting activities .............. XVI-59
Water development funds ........ III-49-c,
III-49-d-1
see also WATER CONSERVATION
FACILITIES
CONSTABLES
Chambers County & Randall County
excepted from precinct population
requirements ................................V-18
Compensation ........................... XVI-61
Deputy constables,
compensation of ..................... XVI-61
Election .........................................V-18
Offi ce abolished in certain
counties .......................................V-18
I-10
Offi ce may be declared dormant
in certain precincts ......................V-18
Precincts ........................................V-18
Qualifi cations prescribed by
legislature ....................................V-18
Reinstatement of offi ce previously
declared dormant .........................V-18
Removal .........................................V-24
Term of offi ce ........................... XVI-65
CONSTITUTION
Amendments, proposed .............XVII-1
Suspension of procedural rules
during enemy attack .................. III-62
CONSTITUTION, U.S.
State subject to .................................I-1
CONTRACTS
Drawback, rebates prohibited ... XVI-25
Government .............................. XVI-21
Interest rates ............................. XVI-11
Legislators’ interest in ................. III-18
Obligations of, not to be
impaired ........................................I-16
CONVICTS
Interstate agreements to allow
confi nement in another state’s
prison ............................................I-20
Labor, use of on public road &
bridge construction ................. XVI-24
Outlawry prohibited .......................I-20
Pardons ........................................ IV-11
Probation ....................... IV-11, IV-11A
Transportation for crime
prohibited .....................................I-20
Voting, prohibited from .................VI-1
COORDINATING BOARD, TEXAS
COLLEGE & UNIVERSITY SYSTEM
(now TEXAS HIGHER EDUCATION
COORDINATING BOARD)
Bonds .................... III-50b-4, III-50b-5
CORPORATIONS
Banking .................................... XVI-16
Charter rights, inquiry by attorney
general ....................................... IV-22
Creation by general laws .............XII-1,
XII-2
Homicide, liability for .............. XVI-26
Income tax .................................. VIII-1
Municipal ......................................XI-3
No county or city shall be subscriber
to private corporate capital ..........XI-3
Nonprofi t water suppliers ........ VIII-1-k
Occupation tax ............................ VIII-1
Power to tax corporation will not be
surrendered or suspended ......... VIII-4
Protection of public &
stockholders ................................XII-2
State credit not to aid ................... III-50
CORRECTIONAL FACILITIES
Bonds ........................................III-49-h
CORRUPTION OF BLOOD
Prohibited .......................................I-21
COUNTIES
Ad valorem tax on property
levied by ................................ VIII-1-a
Airport authorities .......................IX-12
Bonds, power to issue ................. III-52,
III-52-a, XI-7
Commissioners courts ...................V-18
Constables .....................................V-18
Creation .........................................IX-1
Employees
see PUBLIC EMPLOYEES -
LOCAL GOVERNMENT
Fence laws ................................... III-56
Governmental functions .............. III-64
Improvements & investments ...... III-52
Justices of peace ............................V-18
Legal subdivisions .........................XI-1
Loans or grants of public
money ..........................III-52, III-52-a
Local option liquor law ............ XVI-20
Motor vehicle registration
fees ........................................ VIII-7-a
Occupation tax levied,
limits on .................................... VIII-1
Offi cers, residence of ............... XVI-14
On Gulf of Mexico
Donation of public domain for
construction of seawalls &
breakwaters ............................XI-8
Taxes & bonds for seawalls,
breakwaters & sanitation ........XI-7
Participation in establishment of
MHMR & public health
services ......................................IX-13
Precincts, division into ..................V-18
Private corporate capital, may not
subscribe to ..................................XI-3
Private roads, maintenance of .....III-52f
Property exempt from forced sale
& taxation ....................................XI-9
Roads ........................................... III-52
Roads serving border
colonias ...................................III-49-l
School fund, reduction in ...........VII-6b
School lands, sale of & use of
proceeds ......................................VII-6
Sinking fund ..................................XI-5
Taxation
Emergency services
districts .............................. III-48-e
I-11
Exemption from ..................VIII-1-f
Maximum .............................. VIII-9
Revenues may be put into
one fund............................... VIII-9
Roads ...................................... III-52
Roads & bridges, Harris
County ................................ III-52d
Seawalls & breakwaters ...........XI-7
University lands ....................VII-16
Water projects......................... III-52
see also TAXATION - PROPERTY
COUNTY ATTORNEY
see ATTORNEYS
COUNTY CLERK
Election .........................................V-20
Removal .........................................V-24
Term of offi ce ................................V-20
Vacancy in offi ce ...........................V-20
COUNTY COMMISSIONERS
Election .........................................V-18
May hold more than one
offi ce ....................................... XVI-40
Term of offi ce ................. V-18, XVI-65
see also COMMISSIONERS COURTS
COUNTY COURTS
see COURTS, COUNTY
COUNTY SEATS
Local or special law prohibited ... III-56
Removal .........................................IX-2
COUNTY SURVEYOR
Compensation & duties ........... XVI-44,
XVI-61
Election .................................... XVI-44
Election to abolish offi ce .......... XVI-44
Offi ce abolished in certain
counties .................................. XVI-44
Term of offi ce .............XVI-44, XVI-65
COUNTY TREASURER
Compensation & duties ........... XVI-44,
XVI-61
Election ....................................XVI-44
Fees, payment of by offi cers ..... XVI-61
Offi ce abolished in certain
counties .................................. XVI-44
Term of offi ce .............XVI-44, XVI-65
COURT ADMINISTRATION
Rule-making authority ...................V-31
COURT OF APPEALS (formerly COURT
OF CIVIL APPEALS)
Clerk ..............................................V-5a
Districts ...........................................V-6
Establishment ..................................V-1
Jurisdiction, membership &
sessions ..........................................V-6
Justices
see JUDGES & JUSTICES
Name changed from courts of
civil appeals ...................................V-6
COURT OF CRIMINAL APPEALS
Clerk of court ................................V-5a
Death penalty cases, review of ........V-5
Denial of bail, conditions for ....... I-11a
Establishment ..................................V-1
Fact, power to ascertain ...................V-5
Judges
see JUDGES & JUSTICES
Jurisdiction
Appellate ....................................V-5
Original ......................................V-5
Questions of state law certifi ed
from federal appellate
court ......................................V-3-c
Presiding judge ................................V-4
Quorum............................................V-4
Sessions .........................................V-5b
Terms of court ...............................V-5b
Writs, power to issue .......................V-5
COURT, SUPREME
see SUPREME COURT
COURTHOUSES
Construction of provided by
general law ..................................XI-2
COURTS, COMMISSIONERS
see COMMISSIONERS COURTS
COURTS, COUNTY
Appointment of attorney ad litem in
insanity trial ...............................I-15-a
Clerk
Compensation ...........................V-20
Removal ...................................V-24
Term of offi ce ...........................V-20
Vacancy in offi ce ......................V-20
Court of record ..............................V-15
Established in every county ...........V-15
Fee collection .............................. III-46
Judges
see JUDGES & JUSTICES
Jurisdiction ....................................V-16
Jury
Fees ..........................................V-17
Six persons ...............................V-17
Mentally ill persons, temporary
commitment of .............................I-15
Misdemeanor cases ........................V-17
Probate business,
disposition of ...............................V-29
Suspension of sentence ............. IV-11A
Terms of court .....................V-17, V-29
Writs, power to issue .....................V-16
I-12
COURTS, DISTRICT
Clerk
Qualifi cations .............................V-9
Removal ...................................V-24
Single clerk to perform duties of
district & county clerks ..........V-20
County commissioners court,
supervisory control over ................V-8
County seat, proceedings
conducted at ...................................V-7
Division into districts ......................V-7
Reapportionment ......................V-7a
Established ......................................V-1
Exchanging of districts by
judges ..........................................V-11
Fee collection .............................. III-46
Judges
see JUDGES & JUSTICES
Jurisdiction ......................................V-8
Jury, trial by ...................................V-10
Sessions ...........................................V-7
Suspension of sentence ............. IV-11A
Writs, power to issue .......................V-8
COURTS, GENERAL
Change in venue in civil &
criminal cases ............................ III-45
Establishment ..................................V-1
Fee collection .............................. III-46
Open ...............................................I-13
Rules established by supreme
court .............................................V-31
Suspension of sentence ............. IV-11A
see also JUDGES & JUSTICES
COURTS, JUSTICE
Establishment ..................................V-1
Fee collection .............................. III-46
Jurisdiction ....................................V-19
Justices of peace
see JUDGES & JUSTICES
Precincts ........................................V-18
Suspension of sentence ............. IV-11A
COURTS, MUNICIPAL
Fee collection .............................. III-46
State Commission on Judicial
Conduct, appointment to ............V-1-a
Suspension of sentence ............. IV-11A
CRIME VICTIMS
Bill of rights ...................................I-30
Compensation to victims of crime
auxiliary fund ...............................I-31
Compensation to victims of
crime fund ....................................I-31
CRIMINAL DISTRICT ATTORNEY
see ATTORNEYS
CRIMINAL JUSTICE AGENCIES
Organization ..............................IV-11B
CRIMINAL PROSECUTION
Accused rights in ............................I-10
State right to appeal .......................V-26
Victims’ rights ................................I-30
CRUEL & UNUSUAL PUNISHMENT
Prohibited .......................................I-13
DALLAS COUNTY
Bonds for roads & turnpikes ...... III-52g
County surveyor’s offi ce
abolished................................. XVI-44
DAMS & RESERVOIRS
see WATER CONSERVATION
FACILITIES
DEATH BENEFITS
State ..........................................III-51-d
DEBATE
Questioning of legislators on ....... III-21
DEBT
Exclusion of certain economic
development programs ........... III-52-a
Extinguishment ............................ III-55
Imprisonment for, prohibited ..........I-18
State
Authorization for .................... III-49
Limits on .................. III-49, III-49-j
Loan or pledge of credit
prohibited ............................. III-50
Refunding of .......................... III-49
DENTON COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
DEPORTATION
Prohibited for offense committed
in state ..........................................I-20
DESCENT OF PROPERTY
Estates of suicides ..........................I-21
Local or special law
prohibited .................................. III-56
DISABLED PERSONS
Homestead exemption ............. VIII-1-b
see also HANDICAPPED PERSONS
DISASTERS
Continuity of state in case of
enemy attack .............................. III-62
Release from taxes ................... VIII-10
DISFRANCHISEMENT
Prohibited except through due
course of law ................................I-19
DISTRICT ATTORNEY
see ATTORNEYS
I-13
DISTRICT COURTS
see COURTS, DISTRICT
DIVORCE
Community property ................ XVI-15
Garnishment of wages for payment
of court-ordered child support &
spousal maintenance ............... XVI-28
Local or special law
prohibited .................................. III-56
Separate property ...................... XVI-15
DOCTORS
Qualifi cations, legislature may
prescribe ................................. XVI-31
DOCUMENTS
Historical, appropriations for
preservation ............................ XVI-39
DOMICILE
see RESIDENCY
DOUBLE JEOPARDY
Prohibited .......................................I-14
DRAWBACKS
To carriers, shippers & merchants,
prohibited ............................... XVI-25
DUAL OFFICE HOLDING
Restrictions .................XVI-33, XVI-40
DUE PROCESS OF LAW
Judges, right to due process during
proceedings for removal from
offi ce ...........................................V-1-a
Right to .................................. I-13, I-19
EAST TEXAS STATE UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
EAST TEXAS STATE UNIVERSITY
AT TEXARKANA
Bonds for permanent
improvements ...........................VII-17
ECONOMIC DEVELOPMENT
Agricultural fund .........III-49-f, III-49-i
Loans & grants of public money,
bonds ...................................... III-52-a
Product development fund ........ XVI-71
Projects in defense-related
communities .........................III-49-n*
Texas growth fund .................... XVI-70
ECONOMIC STABILIZATION FUND
Established ...............................III-49-g
ECTOR COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
EDUCATION, STATE BOARD OF
Composition ........................... XVI-30a
Establishment ...............................VII-8
Investment of proceeds from sale of
public school fund lands .............VII-4
Members .......................................VII-8
Term of offi ce .................... XVI-30a
Textbooks, duty to set aside
money for ...................................VII-3
EL PASO COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
County treasurer’s offi ce
abolished .................................. XVI-44
ELDERLY
Assistance grants ...................... III-51-a
Homestead exemption ............. VIII-1-b
Reverse mortgages .................... XVI-50
ELECTION, WRITS OF
Issued by governor within two
days ........................................... III-13
ELECTIONS
Absentee voting ..................VI-2, VI-2a
Administration ...............................VI-4
Ballots ...........................................VI-4
Bond ............................................ VI-3a
Bribery ........................................ XVI-5
Constitutional amendments .......XVII-1
Contested ..............................III-8, IV-3
Executive offi cers .......................... IV-2
Contests & ties ......................... IV-3
Publication of returns ............... IV-3
Legislative ........................III-13, III-27
Municipal ..........VI-3, VI-3a, XVI-13A
Presidential .................................. VI-2a
Presidential electors,
appointment of ............................. IV-8
Residency requirements.................VI-2
Bond elections ........................ VI-3a
Municipal elections ..................VI-3
Presidential elections .............. VI-2a
Special
Alcoholic beverage sales,
local option ........................ XVI-20
Creating state debt .................. III-49
Writ of election issued by
governor ............................... III-13
Unopposed candidate .............. XVI-13,
XVI-13A
* Of the two Articles III-49-n, this is the one added by Acts 2003, 78th Leg., R.S., S.J.R. 55.
I-14
Vacancies fi lled for unexpired
term .............................III-13, XVI-27
Voter registration .......VI-2, VI-2a, VI-4
EMERGENCY CLAUSE
Effective date of bills ................... III-39
Suspension of three-reading
rule ............................................. III-32
EMERGENCY PROTECTION ORDER
Violation ....................................... I-11c
EMERGENCY SERVICES DISTRICTS
Creation & tax support ............. III-48-e
EMINENT DOMAIN
Compensation for property taken
by state .........................................I-17
Sale of property .......................... III-52j
EMOLUMENTS, EXCLUSIVE
Prohibited .........................................I-3
EMPLOYEES
see PUBLIC EMPLOYEES
EMPLOYEES RETIREMENT SYSTEM
Contributions ............................ XVI-67
Investments in Texas growth
fund ........................................ XVI-70
Transfer of service credit to
Teacher Retirement
System .................................... XVI-67
ENACTING CLAUSE
Form ............................................ III-29
ENGINEERING EXPERIMENT
STATIONS
Bonds for permanent
improvements ...........................VII-18
ENGINEERING EXTENSION
SERVICE
Bonds for permanent
improvements ...........................VII-18
ENTAILMENT
Prohibited .......................................I-26
EQUAL RIGHTS
Free men ...........................................I-3
Sex, race, color, creed, or
national origin .............................. I-3a
EQUALIZATION, BOARDS OF
Establishment ........................... VIII-18
Fair cash market value not to be
exceeded ................................. VIII-20
ESTATES
Forfeiture for conviction
prohibited .....................................I-21
Homesteads, descent &
distribution of ......................... XVI-52
Primogeniture prohibited ................I-26
Suicide ............................................I-21
ETHICS
see TEXAS ETHICS COMMISSION
EVIDENCE
Accused, presence of during
introduction ..................................I-10
Antitrust case, deposition
permissible ...................................I-10
Legislature’s right to provide
rules ..............................................I-10
Religious belief does not
disqualify giving .............................I-5
Search & seizures used to obtain ......I-9
Self-incrimination not required ......I-10
EX POST FACTO LAWS
Prohibited .......................................I-16
EXCLUSIVE PRIVILEGE
Prohibited except for public
service ............................................I-3
EXECUTIVE DEPARTMENT
Branch of government .................... II-1
Election of offi cers ........................ IV-2
Contested .................................. IV-3
Declaration of ........................... IV-3
Tie votes ................................... IV-3
Offi cers .......................................... IV-1
Report to governor by all executive
offi cers on accounts ................... IV-24
see also GOVERNOR
FAMILY VIOLENCE
Violation of emergency
protection order .......................... I-11c
FARM & RANCH LOAN FINANCE
PROGRAM
Bonds ........................................ III-49-f
FARM & RANCH LOAN SECURITY
FUND
Bonds ......................................... III-50c
FAYETTE COUNTY
County treasurer’s offi ce abolished
& duties transferred ................ XVI-44
FEES
Civil & criminal ........................... III-46
FELONY & FELONS
Bail denial .................I-11, I-11a, I-11b
Exclusion from jury service ..........V-14
Exclusion from offi ce ................. XVI-2
Exclusion from voting ...................VI-1
Grand jury indictment ....................I-10
Legislators not privileged from
arrest .......................................... III-14
I-15
FENCE LAWS
Provision ...................................... III-56
FINANCE COMMISSION OF TEXAS
Duties relating to home equity loans
and lines of credit ................... XVI-50
FINES
Aid or compensation to those
improperly fi ned ..................... III-51-c
Excessive, not to be imposed ..........I-13
FIRE FIGHTING & FIRE FIGHTERS
Assistance to local fi re
departments .........................III-51-a-1
Bond issuance to support fi re
fi ghting ........................III-52, XVI-59
Death benefi ts ...........................III-51-d
Equipment, donation ................ III-52h,
III-52i
Fire fi ghters’ pension
commissioner ......................... XVI-67
FIRE PROTECTION, RURAL
Donation of surplus equipment
by municipalities ...................... III-52i
FIREARMS
see WEAPONS
FLOOD CONTROL
Bonds ..................... III-49-c, III-49-d-2,
III-49-d-3, III-49-d-4,
III-49-d-8, III-52
Conservation & reclamation
districts ................................... XVI-59
Revenue from ad valorem taxes
used for .................................. VIII-1-a
FOREST SERVICE
Bonds for permanent
improvements ...........................VII-18
FORFEITURE
Conviction or suicide not
grounds for ...................................I-21
FORGERY
Exclusion from jury service ..........V-14
Exclusion from offi ce ................. XVI-2
Exclusion from voting ...................VI-1
FORMER JEOPARDY
Prohibited .......................................I-14
FORT BEND COUNTY
Relinquishment of state claim to
certain lands & minerals ..........VII-2A
FRANCHISES
Disfranchised only by due course
of law ............................................I-19
Legislative control ..........................I-17
FRAUD
Tax sale deeds,
impeached by .......................... VIII-13
FREEDOM
Press .................................................I-8
Speech ..............................................I-8
State ..................................................I-1
Worship ............................................I-6
FREIGHT
Attorney general to prevent private
corporation from collecting freight
not authorized by law ................ IV-22
Drawbacks & rebates
prohibited ............................... XVI-25
FUEL
Government contracts ............... XVI-21
Taxes ........................................ VIII-7-a
GALVESTON COUNTY
Hospital district .............................IX-4
GARNISHMENT
Prohibited except for payment of
court-ordered child support &
spousal maintenance ............... XVI-28
GARZA COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
GENERAL LAND OFFICE
Creation ...................................... XIV-1
GENERAL LAND OFFICE,
COMMISSIONER OF
Accounting & reporting to
governor..................................... IV-24
Certifi cate from, showing center of
county for removal of county
seat ...............................................IX-2
Election ..................... IV-2, IV-3, IV-23
Executive department offi cer ......... IV-1
Impeachment, trial by senate ........XV-2
Legislative Redistricting Board
member ...................................... III-28
Salary ........................................... IV-23
Minimum ............................. III-61-a
Term of offi ce .............................. IV-23
Veterans’ Land Board
chairman .................................III-49-b
GOVERNMENT
Alter, reform, or abolish, right of
citizens ............................................I-2
Bill of rights excepted from
powers ..........................................I-29
Division & powers .......................... II-1
Republican form ...............................I-2
I-16
GOVERNMENTAL UNIT
see CITIES & TOWNS; COUNTIES;
STATE
GOVERNOR
Appointments
Court of appeals, in case of
vacancy ...................................V-28
Court of criminal appeals,
in case of vacancy ..................V-28
District courts, in case of
vacancy ...................................V-28
Judges, in case of vacancy ........V-28
Limit on term of an appointee
to fi ll a vacancy .................... IV-12
Railroad commissioner, in case
of vacancy ......................... XVI-30
Secretary of state .................... IV-21
Senate advice & consent ........ IV-12
State Commission on Judicial
Conduct .................................V-1-a
Supreme court, in case of
vacancy ...................................V-28
Texas Ethics Commission .... III-24a
Vacancies in state or district
offi ces ................................... IV-12
Vacancies occasioned by
suspension until decision
of impeachment of an
offi ceholder ...........................XV-5
Veterans’ Land Board ..........III-49-b
Water Development
Board ................................. III-49-c
Attorney general to advise ........... IV-22
Chief executive offi cer of
the state ........................................ IV-1
Clemency powers ........................ IV-11
Commander-in-chief...................... IV-7
Commissions, signing of ............. IV-20
Conservation & reclamation
districts, will receive copies
of bills proposing new
districts ................................... XVI-59
Death ................................ IV-3a, IV-16
Dual offi ce holding ..........IV-6, XVI-40
Election ............ IV-2, IV-3, IV-3a, IV-4
Execution of laws ........................ IV-10
Impeachment .....................IV-16, XV-2
Inauguration .................................. IV-4
Inspection of books of offi cers .... IV-24
Interstate business
conducted by ............................. IV-10
Judges, removal of ........................XV-8
Mandamus, not subject to ................V-3
Mansion, use of ............................. IV-5
Messages to legislature .................. IV-9
Pardons, power to grant ............... IV-11
Practice of any profession
prohibited .................................... IV-6
Presented with every concurrent
resolution, order & vote ............. IV-15
Proclamations
Changes in constitution approved
by voters .............................XVII-1
Suspending constitutional rules
in case of enemy attack ........ III-62
Public money, accounting for ........ IV-9
Qualifi cations ................................ IV-4
Quo warranto, not subject to ...........V-3
Removal of public offi cer by
governor with advice &
consent of senate ........................XV-9
Reprieves & pardons, power
to grant ...................................... IV-11
Residence in Austin ..................... IV-13
Resignation .................................. IV-16
Salary .................................... IV-5, IV-6
Minimum ............................. III-61-a
Signing of bills ............................ IV-14
Failure to sign ......................... IV-14
Special session, convening of ........ IV-8
State of the state address ............... IV-9
Succession by lieutenant
governor.......................... IV-3a, IV-16
Succession by president pro tempore
of the senate ............................... IV-17
Taxation estimate at commencement
of session ..................................... IV-9
Temporary inability to hold
offi ce ............................... IV-3a, IV-16
Term of offi ce ................................ IV-4
U.S., business with, conducted
by governor ................................ IV-10
Vacancy in offi ce ............. IV-3a, IV-16,
IV-17
Veto
Items of appropriations
bills ....................................... IV-14
Power ..................................... IV-14
Writs of election for vacancies
in either house ........................... III-13
GRAIN WAREHOUSE
SELF-INSURANCE FUND
Guarantee of fund ..................... III-50-e
GRAND JURY
Indictments ........................... I-10, V-17
Number of members ......................V-13
Qualifi cations ................................V-14
Quorum..........................................V-13
Special or local law
prohibited .................................. III-56
GRAZING LAND
see AGRICULTURAL LAND
GREGG COUNTY
County treasurer’s offi ce abolished
& duties transferred ................ XVI-44
I-17
GRIEVANCES, REDRESS OF
Right of citizens .............................I-27
GROWTH FUND
Establishment, investment
& board ................................... XVI-70
Investment in, State Board of
Education ....................................VII-5
GULF OF MEXICO
Counties bordering
Donation of public domain
for construction of seawalls
& breakwaters ........................XI-8
Regulation of traffi c on
beaches ...............................IX-1-A
Taxes for seawalls, breakwaters
& sanitation ............................XI-7
GUNS
see WEAPONS
HABEAS CORPUS, WRIT OF
Court of criminal appeals, power
to issue ...........................................V-5
District courts, power to issue .........V-8
Post-conviction ...............................I-30
Supreme court, power to issue .........V-3
Suspension prohibited ....................I-12
HABITUAL OFFENDERS
Bail, denial of ............................... I-11a
HANDICAPPED PERSONS
Agencies serving, private
donations to .............................. XVI-6
Assistance grants ...................... III-51-a
Contracts, public ....................... XVI-21
Homestead exemption ............. VIII-1-b
Rehabilitation programs ........... III-51-a
HANSFORD COUNTY
Hospital district, creation of ........IX-11
HARRIS COUNTY
County or road district tax ......... III-52d
County surveyor’s offi ce
abolished................................. XVI-44
Tax exemption, raw cocoa &
green coffee ......................... VIII-1-n*
HEALTH SERVICES
Limits on liability for noneconomic
damages ..................................... III-66
Participation of legislature in
establishment of ........................ IX-9A
Participation of municipalities &
political subdivisions in
establishment of .........................IX-13
HENDERSON COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
HIDALGO COUNTY
Hospital district, creation of ..........IX-7
HIDES & ANIMALS, INSPECTOR OF
Term of offi ce .............XVI-64, XVI-65
HIGHER EDUCATION
Higher education fund ................VII-17
Texas tomorrow fund ..................VII-19
see also COLLEGES &
UNIVERSITIES
HIGHER EDUCATION
COORDINATING BOARD, TEXAS
(formerly TEXAS COLLEGE &
UNIVERSITY SYSTEM
COORDINATING BOARD)
Bonds .................... III-50b-4, III-50b-5
HIGHWAYS
Highway tax and revenue
anticipation notes ...................III-49-n†
Railroads declared public
highways ....................................... X-2
Use of revenues from federal
reimbursement ....................... VIII-7-b
see also ROADS & STREETS
HISTORICAL MEMORIALS
Appropriations .......................... XVI-39
HISTORICAL PRESERVATION
Donation of real property &
improvements by school
district ......................................VII-4B
Relief from ad valorem tax .......VIII-1-f
HOMES, PRIVATE
Quartering of soldiers .....................I-25
Search & seizure, protection
from unwarranted ...........................I-9
HOMESTEAD
see PROPERTY - REAL -
HOMESTEAD
HOMICIDE
Bail denial .................................... I-11a
Liability in damages ................. XVI-26
HOPKINS COUNTY
Hospital district, creation of ........IX-11
HOSPITAL DISTRICTS
Amarillo, creation of .....................IX-5
* Of the two Articles VIII-1-n, this is the one added by Acts 2001, 77th Leg., R.S., S.J.R. 47.
† Of the two Articles III-49-n, this is the one added by Acts 2003, 78th Leg., R.S., H.J.R. 28.
I-18
Appropriations for construction,
maintenance, or improvement of
hospital prohibited .......................IX-4
Board members, terms of ......... XVI-30
Bonds ............IX-4, IX-9, IX-9B, IX-11
Castro County, creation of ...........IX-11
Creation, operation, powers, duties
& dissolution .................... IX-4, IX-9,
IX-9A, IX-9B
Galveston County, creation of .......IX-4
Hansford County, creation of ......IX-11
Hidalgo County, creation of ..........IX-7
Hopkins County, creation of ........IX-11
Jefferson County, creation of .........IX-5
Ochiltree County, creation of ......IX-11
Taxes .......................... IX-4, IX-5, IX-7,
IX-8, IX-9, IX-9B
Wichita County, creation of ...........IX-5
HOUSE JOURNAL
see JOURNALS
HOUSE OF REPRESENTATIVES
see LEGISLATURE
HUSBANDRY, IMPLEMENTS OF
Exempt from ad valorem
taxation ..................................VIII-19a
IMMUNITIES
see PRIVILEGES & IMMUNITIES
IMPEACHMENT
District court judges, removal
by supreme court ........................XV-6
Executive offi cers .........................XV-2
Governor, with advice & consent
of senate .....................................XV-9
Grand jury indictment,
waiver for .....................................I-10
Indictment, trial & punishment
of party .......................................XV-4
Judges & justices
Removal by governor ..............XV-8
Removal by supreme court ......XV-6
Trial .........................................XV-2
Judgment ......................................XV-4
Not pardonable ............................ IV-11
Power vested in house of
representatives ............................XV-1
Removal of offi cers when mode not
provided in constitution ..............XV-7
Senate trial
For certain offi cers ..................XV-2
Oath or affi rmation of
senators .................................XV-3
Two-thirds concurrence of
senators present .....................XV-3
Suspension pending
impeachment ..............................XV-5
IMPRISONMENT
Aid or compensation to those
improperly imprisoned ........... III-51-c
For debt, prohibited ........................I-18
Out of state .....................................I-20
INAUGURATION
Governor ........................................ IV-4
INCOME TAX
see TAXATION - INCOME
INDICTMENT
Accused right to have copy of
& know accusation .......................I-10
Bail ..........................I-11, I-11a, I-11b
Defi ned ..........................................V-12
Grand jury ......................................I-10
Impeachment party also subject
to indictment ...............................XV-4
Invests court with jurisdiction .......V-12
INFORMATION
County attorney charging
defendant .....................................V-17
Defi ned ..........................................V-12
Invests court with jurisdiction .......V-12
INHERITANCE
see ESTATES
INJURY
Remedy by due course of law.........I-13
INSANE PERSONS
see MENTALLY ILL PERSONS
INSURANCE - PROPERTY &
CASUALTY - LIFE, HEALTH &
ACCIDENT
Use of public funds & credit for
payment of premiums ................ III-52
INSURANCE - WORKERS’
COMPENSATION
see WORKERS’ COMPENSATION
INTEREST RATES
Bonds ........................................... III-65
Contracts, unstated rate not to
exceed six percent per
annum ..................................... XVI-11
Legislative authority to defi ne
& fi x maximum rates .............. XVI-11
Local or special law
prohibited .................................. III-56
Over 10 percent per annum
deemed usurious ..................... XVI-11
JAILS
Construction of provided by
general laws .................................XI-2
Jail districts ............................... III-48-f
I-19
JEFFERSON COUNTY
Hospital district, creation of ..........IX-5
JOHN TARLETON AGRICULTURAL
COLLEGE
see TARLETON STATE
UNIVERSITY
JOURNALS
House, publication of .................. III-12
Printing & binding to lowest
bidder ...................................... XVI-21
Senate, publication of .................. III-12
Signing of bills ............................ III-38
Veto message printed ................... IV-14
Votes, records of .......................... III-12
Constitutional
amendments .......................XVII-1
Creation of counties .................IX-1
Emergencies ........................... III-39
Impeachment of judges ...........XV-8
Suspension of rules ................ III-32
JUDGES & JUSTICES
Confl ict of interest .........................V-11
Conservators of the peace ..............V-12
County
Compensation ...........................V-15
Disqualifi ed, appointment of
new judge for case ..................V-16
Election .................V-15, V-28, V-30
Presiding offi cer of
commissioners court ...............V-18
Qualifi cations ...........................V-15
Removal ........................V-1-a, V-24
Retirement, involuntary ...........V-1-a
State Commission on Judicial
Conduct, appointment to .......V-1-a
Term of offi ce ............ V-15, XVI-65
Vacancy in offi ce ......................V-28
Writs, power to issue ................V-16
Court of appeals (formerly Court
of Civil Appeals)
Confl ict of interest ....................V-11
Election ............................V-6, V-28
Impeachment, trial by
senate .....................................XV-2
Membership on judicial
conduct tribunal .....................V-1-a
Qualifi cations .............................V-6
Removal by governor on
address of 2/3 of each house
of legislature ..........................XV-8
Removal by supreme court ......V-1-a
Retirement ...............................V-1-a
State Commission on Judicial
Conduct, appointment to .......V-1-a
Term of offi ce .............................V-6
Vacancy in offi ce ......................V-28
Court of criminal appeals
Compensation .............................V-4
Confl ict of interest ....................V-11
Election ............................V-4, V-28
Presiding judge ...........................V-4
Removal by supreme court ......V-1-a
Retirement ...............................V-1-a
Term of offi ce .............................V-4
Vacancy in offi ce ......................V-28
Writs, power to issue ..................V-5
Disqualifi cation .............................V-11
District
Compensation .............................V-7
Confl ict of interest ....................V-11
Disabled or
disqualifi ed .....................V-7, V-11
Election ............................V-7, V-28
Impeachment, trial by
senate .....................................XV-2
Qualifi cations .............................V-7
Removal by governor on
address of 2/3 of each house
of legislature ..........................XV-8
Removal by supreme
court ...........................V-1-a, XV-6
Removal of county offi cers ......V-24
Retirement ...............................V-1-a
State Commission on Judicial
Conduct, appointment to .......V-1-a
Term of offi ce .............................V-7
Vacancy in offi ce ......................V-28
Writs, power to issue ..................V-8
Ineligible for legislature .............. III-19
Justice of the peace
Compensation ...................... XVI-61
Confl ict of interest ....................V-11
Dual offi ce holding .............. XVI-40
Election ....................................V-18
Notaries public .........................V-19
Precincts ...................................V-18
Removal ...................................V-24
State Commission on Judicial
Conduct, appointment to .......V-1-a
Term of offi ce ...........................V-18
Vacancy in offi ce ......................V-28
Supreme court
Chief justice .....................V-2, V-28
Compensation .............................V-2
Confl ict of interest ....................V-11
Election ............................V-2, V-28
Impeachment, trial by
senate .....................................XV-2
Judicial conduct tribunal,
selection of members .............V-1-a
Qualifi cations .............................V-2
Removal by governor on address
of 2/3 of each house of
legislature ..............................XV-8
Removal from offi ce ................V-1-a
I-20
Removal of district court
judges ....................................XV-6
Retirement ...............................V-1-a
Rules of procedure,
promulgation of ......................V-31
Term of offi ce .............................V-2
Vacancy in offi ce ......................V-28
JUDICIAL CONDUCT, STATE
COMMISSION ON
Chairman .................................V-1-a(5)
Compensation ..........................V-1-a(4)
Confi dential papers ................V-1-a(10)
Formal proceedings against
judge ......................................V-1-a(8)
Investigations ...........................V-1-a(7)
Master, appointment of ............V-1-a(8)
Meeting in Austin & other
places .....................................V-1-a(5)
Membership .............................V-1-a(2)
Public statement on
proceedings ..........................V-1-a(10)
Quorum....................................V-1-a(5)
Removal of judges from
offi ce ......................................V-1-a(6)
Reprimands ..............................V-1-a(8)
Requirement for additional
education ...............................V-1-a(8)
Review tribunal........................V-1-a(9)
Term of offi ce ..........................V-1-a(3)
Testimony of witnesses, orders
for attendance enforceable by
contempt ................................V-1-a(7)
Voting ......................................V-1-a(5)
JUDICIAL DEPARTMENT
Branch of government .................... II-1
Courts, judicial power vested in ......V-1
JUDICIAL DISTRICTS BOARD
Creation & powers .........................V-7a
JUDICIAL RETIREMENT SYSTEM
OF TEXAS
Administration &
continuation ............................ XVI-67
JURY
County court
Fee for empaneling ...................V-17
Number of members .................V-17
Criminal prosecutions, right of
accused to have .............................I-10
Death or disability of juror ............V-13
District courts
Fee for empaneling ...................V-10
Petit, number of
members .................................V-13
Right to trial by ........................V-10
Felons excluded from ....................V-14
Grand jury
see GRAND JURY
Instructions .................................. IV-11
Libel, determination of .....................I-8
Qualifi cation ..................................V-14
Trial by, right to .................... I-10, I-15,
I-15-a, V-10
Verdict, number to render ..............V-13
Waived for commitment to
asylum .......................................I-15-a
Waived for temporary commitment
of mentally ill ...............................I-15
JUSTICE OF THE PEACE
see JUDGES & JUSTICES
JUSTICE OF THE PEACE &
CONSTABLES ASSOCIATION OF
TEXAS
Submission of names for membership
on State Commission on Judicial
Conduct ......................................V-1-a
KIDNAPPING, AGGRAVATED
Bail denial .................................... I-11a
LABOR, CONVICT
Use on public road & bridge
construction ............................ XVI-24
LAMAR UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
LAMAR UNIVERSITY AT ORANGE
Bonds for permanent
improvements ...........................VII-17
LAMAR UNIVERSITY AT PORT
ARTHUR
Bonds for permanent
improvements ...........................VII-17
LAND OFFICE, GENERAL
Commissioner
see GENERAL LAND OFFICE,
COMMISSIONER OF
Creation ...................................... XIV-1
LAW ENFORCEMENT FACILITIES
Bonds ........................................III-49-h
LAW ENFORCEMENT OFFICERS
County, compensation ............. XVI-61
Death benefi ts ...........................III-51-d
Medical expenses ...................... III-52e
Reside within the state .............. XVI-14
LAWS
Antitrust, evidence requirements ....I-10
Constitutionality .......................... V-3-b
Contract obligations will not
be impaired ...................................I-16
I-21
Enacting clause ............................ III-29
Entailment, prohibited ....................I-26
Ex post facto, prohibited ................I-16
Existing laws to continue in
force ........................................ XVI-48
Press, prohibition to curtail
freedom of ......................................I-8
Primogeniture, prohibited ...............I-26
Retroactive, prohibited ...................I-16
Revision ....................................... III-43
Speech, prohibition to curtail
freedom of ......................................I-8
Suspension by legislature only .......I-28
LAWS, LOCAL & SPECIAL
Intention, publication of
notice of ..................................... III-57
Restrictions .................................. III-56
Road maintenance laws passed
without local notice .................. VIII-9
LAWYERS
see ATTORNEYS
LEGISLATIVE REDISTRICTING
BOARD
Apportionment, time for .............. III-28
Membership ................................. III-28
see also APPORTIONMENT
LEGISLATORS
Arrest, privilege from .................. III-14
Attendance compelled ................. III-10
Bribery, forfeiture of offi ce....... XVI-41
Confl ict of interest
Accepting other offi ces ......... III-18,
XVI-40
Contract with the state ............ III-18
Disclosing of .......................... III-22
Debate, questioned on ................. III-21
Disorderly conduct,
punishment for ........................... III-11
Dual offi ce holding ................... XVI-40
Election
Representatives.............III-4, III-26,
III-27
Senators ..............III-3, III-25, III-27
Expulsion ..................................... III-11
Mileage ........................................ III-24
Notaries public ......................... XVI-40
Per diem ......................... III-24, III-24a
Privilege from arrest .................... III-14
Qualifi cations
Generally .................................. III-8
Representatives......................... III-7
Senators ................III-6, III-8, III-23
Removal from district or
county ........................................ III-23
Salary ........................................... III-24
Extra compensation
prohibited ............................. III-53
Recommendations by Texas
Ethics Commission, voter
approval of .............. III-24, III-24a
Terms of offi ce
Representatives......................... III-4
Senators .................................... III-3
Voting
Election of offi cers ................. III-41
For other members ................. III-18
Viva voce ................................ III-41
Withholding from ................... III-22
see also IMPEACHMENT;
LEGISLATURE
LEGISLATURE
Adjournment
Day to day .............................. III-10
Over three days ...................... III-17
Apportionment ................III-25, III-26,
III-28
Austin, convene in ....................... III-58
Bicameral ...................................... III-1
Biennial sessions ........................... III-5
Bill of rights excepted from
powers ..........................................I-29
Borrowing of funds
prohibited ................................. VIII-7
Branch of government .................... II-1
Composition .................................. III-2
Debate, words spoken in .............. III-21
Disaster, suspension of rules
relating to legislative
procedure ................................... III-62
Disorderly conduct in chambers,
imprisonment of
nonmembers .............................. III-15
Elections
By voice vote except election
of offi cers ............................. III-41
Cancellation of ....................... III-13
Statewide ................................ III-27
Eligibility requirements .......III-6, III-7,
III-8, III-19
Emergency appropriations,
resolution with record vote
required .................................. VIII-22
Expulsion of member .................. III-11
Financial statement received
before every session ................ III-49a
Governor
Appointee to fi ll a vacancy,
legislature may limit
term of .................................. IV-12
Messages from ......................... IV-9
House of representatives
Apportionment ....................... III-26
I-22
Increasing number of house
members ............................. III-2
Districts .................................. III-26
Impeachment, power of ...........XV-1
Members
Election of .................III-4, III-13
Number of ............................ III-2
Qualifi cations of .................. III-7,
III-8, III-23
see also LEGISLATORS
Offi cers, election of .......III-9, III-41
Organize temporarily................ III-9
Quorum .................................. III-10
Revenue bills .......................... III-33
Speaker, election of .................. III-9
Terms of offi ce ......................... III-4
Ineligibility for legislature ........... III-19
Attorney general ..................... III-19
Clerks of court ........................ III-19
Judges ..................................... III-19
Secretary of state .................... III-19
Tax collectors ......................... III-20
U.S. Congress members ...... XVI-12
Journals
see JOURNALS
Members
see LEGISLATORS
Obstruction of proceedings ......... III-15
Offi cers, election of ............III-9, III-41
Open sessions .............................. III-16
Order of business ........................... III-5
Presents every concurrent
resolution, order & vote
to governor ................................ IV-15
Presidential electors,
appointment of ............................. IV-8
Privileges granted &
controlled by .................................I-17
Proclamation to suspend
constitutional procedural
rules, concurrence with .............. III-62
Qualifi cations of members,
each house judge of ..................... III-8
Quorum of 2/3 ............................. III-10
Reading bills on three several
days ........................................... III-32
Regular session ...................III-5, III-24
Rules of proceeding,
determining ................................ III-11
Senate
Apportionment, terms of
offi ce after .............................. III-3
Approval of governor’s
appointments ........................ IV-12
Districts .................................. III-25
Executive sessions .................. III-16
Impeachment of certain
offi cers ...................................XV-2
Oath or affi rmation
required .............................XV-3
Two-thirds concurrence .......XV-3
Lieutenant governor
see LIEUTENANT GOVERNOR
Members
Election of ............................ III-3
Number of ............................ III-2
Qualifi cations of ..........III-6, III-8
see also LEGISLATORS
Offi cers, election of .......III-9, III-41
President pro tempore .............. III-9
Quorum .................................. III-10
Removal of governor ...............XV-9
Terms of offi ce ......................... III-3
Special session
see SPECIAL SESSION
Suspension of constitutional
procedural rules ......................... III-62
Suspension of laws .........................I-28
Vacancies ...............III-13, III-23, IV-12
Veto, overriding ........................... IV-14
Vote
Emergency bills, 2/3 vote
required ................................ III-39
Reading on three several days,
suspension of rule ................. III-32
Record of in journal
see JOURNALS
see also AMENDMENTS; BILLS;
CONSTITUTION; JOURNALS;
LEGISLATORS; RESOLUTIONS
LENDERS
Banks ........................................ XVI-16
LIABILITY
Limitations on for noneconomic
damages ..................................... III-66
LIBEL
Jury to determine law & facts ...........I-8
LIBERTY
Deprivation of
Commitment of mentally ill
persons ........................I-15, I-15-a
Without due course of law,
prohibited ................................I-19
Double jeopardy prohibited ............I-14
Free government ...............................I-1
Speech & press .................................I-8
Worship ............................................I-6
LIENS
Artisans’ .................................. XVI-37
Assessment, lien of ................... VIII-15
Homestead ..................XVI-50, XVI-51
Local or special law
prohibited .................................. III-56
Materialmen’s ........................... XVI-37
I-23
Mechanics’................................ XVI-37
Owelty of partition ................... XVI-50
Relocation of sewer or water
laterals on private property,
lien required for .........................XI-12
Reverse mortgages .................... XVI-50
LIEUTENANT GOVERNOR
Absence ..............................III-9, IV-17
Accounting & reporting to
governor..................................... IV-24
Appointment of members to Texas
Ethics Commission .................. III-24a
Election ..................... IV-2, IV-3, IV-16
Executive department offi cer ........ IV-1
Impeachment ............................... IV-17
Trial by senate .........................XV-2
Inability to serve as acting
governor..................................... IV-17
Legislative Redistricting Board
member ...................................... III-28
President of senate ............ IV-16, IV-17
Qualifi cations .............................. IV-16
Salary .............................. IV-17, III-24a
Signing of bills ............................ III-38
Succession as
governor.......................... IV-3a, IV-16
Restrictions ............................ IV-18
Term of offi ce .............................. IV-16
Vacancy in offi ce ................ III-9, IV-17
LIFE
Deprivation of .................................I-19
Double jeopardy prohibited ............I-14
LIQUOR
see ALCOHOLIC BEVERAGES
LIVESTOCK
Exempt from taxation ............... VIII-19
Regulation ................................ XVI-23
LOCAL & SPECIAL LAWS
see LAWS, LOCAL & SPECIAL
LOCAL GOVERNMENT
Right of .............................................I-1
see also CITIES & TOWNS; COUNTIES
LOCAL OPTION
Alcoholic beverages, sale of ..... XVI-20
Bingo ........................................... III-47
LOTTERIES
Certain lotteries prohibited .......... III-47
Operation of state lottery
authorized .................................. III-47
LUBRICANTS
Motor vehicles, use of tax for
highway purposes .................. VIII-7-a
MAGISTRATES & MASTERS
Application of certain laws ...........V-1-a
MANDAMUS
Court of criminal appeals, power
to issue ...........................................V-5
District courts, power to issue .........V-8
Supreme court, power to issue .........V-3
MANDATORY SUPERVISION
Bail denial .................................... I-11a
Jury instructions .......................... IV-11
MANUFACTURED HOMES
Conversion & refi nance of
lien secured by ........................ XVI-50
MARINE CORPS
see ARMED FORCES
MARRIAGE
Defi nition of ...................................I-32
MATERIALMEN’S LIENS
Lien for value of labor or
materials ................................. XVI-37
MCLENNAN COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
MECHANICS’ LIENS
Lien for value of labor or
materials ................................. XVI-37
MEDICAL EDUCATION BOARD,
STATE
Creation & membership ............ III-50a
MEDICAL EDUCATION FUND,
STATE
Establishment ............................ III-50a
MEDICAL PRACTICE
Limits on liability for
noneconomic damages............... III-66
MEDICAL SCHOOLS
No preference given by law ...... XVI-31
MENTAL HEALTH & MENTAL
RETARDATION
Bonds for facilities ...................III-49-h
Participation of political subdivisions
in establishment of MHMR &
public health services ................IX-13
Private donations to state
agencies .................................... XVI-6
MENTALLY ILL PERSONS
Commitment ................................I-15-a
Temporary commitment .................I-15
Voting by .......................................VI-1
I-24
MIDWESTERN STATE UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
MILITARY
Governor commander-in-chief
of state’s forces ............................ IV-7
Military value revolving loan
account .................................III-49-n*
Quartering of soldiers .....................I-25
Subordinate to civil authority .........I-24
see also ARMED FORCES
MILLS COUNTY
Constable’s offi ce abolished &
duties transferred .........................V-18
MINORS
Assistance grants to needy
children ................................... III-51-a
Voting not allowed .........................VI-1
MISCONDUCT, OFFICIAL
see OFFICIAL MISCONDUCT
MISDEMEANORS
Grand jury inquiry & transfer to
county court .................................V-17
MONOPOLIES
Prohibited .......................................I-26
MONUMENTS
Appropriations for historical
memorials ............................... XVI-39
MORTGAGES
Homestead ................................ XVI-50
Reverse ..................................... XVI-50
MOTOR FUELS & LUBRICANTS
Revenues from taxes on,
allocation ................................ VIII-7a
MOTOR VEHICLES
Counties bordering Gulf of Mexico
can regulate speed on
beaches ....................................IX-1-A
Exemption of certain leased
vehicles from ad valorem
taxation ..................................... VIII-1
Registration, use of
revenues ................................. VIII-7-a
MUNICIPALITIES
see CITIES & TOWNS
MURDER
Liability in damages ................. XVI-26
NAME CHANGES
Local or special law
prohibited .................................. III-56
NATIONAL GUARD
May hold more than one
offi ce ....................................... XVI-40
NATIONAL GUARD RESERVE
May hold more than one
offi ce ....................................... XVI-40
NATURAL RESOURCES
Conservation &
development ........................... XVI-59
NAVY
see ARMED FORCES
NONRESIDENTS
Payment of taxes to offi ce of
comptroller ............................. VIII-11
NOTARY PUBLIC
Appointment by secretary of
state ........................................... IV-26
Compensation ........................... XVI-61
Justice of peace, ex offi cio
notary public ................................V-19
May hold more than one
offi ce ....................................... XVI-40
Term of offi ce .............................. IV-26
NUECES COUNTY
County treasurer’s offi ce abolished
& duties transferred ................ XVI-44
OATHS & AFFIRMATIONS
Administered in mode most
binding ............................................I-5
Offi cial oath of elected &
appointed offi cers ..................... XVI-1
Senators, oath to try impartially
party impeached .........................XV-3
Taken under penalty of perjury .........I-5
OCHILTREE COUNTY
Hospital district, creation of ........IX-11
OFFICEHOLDERS
see PUBLIC OFFICERS
OFFICERS RESERVE CORPS
May hold more than one
offi ce ....................................... XVI-40
OFFICIAL MISCONDUCT
Grounds for removal of county
offi cers .........................................V-24
Grounds for removal of justices
or judges .....................................V-1-a
* Of the two Articles III-49-n, this is the one added by Acts 2003, 78th Leg., R.S., S.J.R. 55.
I-25
ONE-SUBJECT RULE
Bills ............................................. III-35
OUTLAWRY
Prohibited .......................................I-20
OWELTY OF PARTITION
Homestead ................................ XVI-50
PAINTINGS
Appropriations for historical
memorials ............................... XVI-39
PARDONS
see PAROLE, PROBATION &
PARDONS
PARDONS & PAROLES, BOARD OF
Establishment .............................. IV-11
Record of actions & reasons
for actions .................................. IV-11
PARK DEVELOPMENT FUND
Creation & administration ........ III-49-e
PARKS & RECREATIONAL
FACILITIES
Development & fi nancing ......... XVI-59
PARKS & WILDLIFE DEPARTMENT
Bond issuance ........................... III-49-e
Bonds for construction & repair
projects & purchase of
equipment ............................... III-50-f
PAROLE, PROBATION & PARDONS
Court authority ......................... IV-11A
Denial of bail to persons serving
terms of probation or parole;
conditions ................................... I-11a
Governor may grant reprieves,
revoke conditional
pardons ...................................... IV-11
Legislature has authority to enact
parole laws ................................. IV-11
PAY-AS-YOU-GO PRINCIPLE
Appropriations in excess of
anticipated revenues
prohibited ................................ III-49a
Restriction on
appropriations ......................... VIII-22
PERJURY
Exclusion from jury service ..........V-14
Exclusion from offi ce ................. XVI-2
Exclusion from voting ...................VI-1
Oaths & affi rmations administered
under penalty of ..............................I-5
Penalty for false report by
executive offi cer ........................ IV-24
PERMANENT SCHOOL FUND
Composition & allocation ............VII-5
County permanent school fund
Distribution ...........................VII-6b
Reduction ..............................VII-6b
Investment ..................... VII-5, XVI-70
Land, release of state’s interest
in certain ..................................VII-2B
Limited distribution of total return
on investments ............................VII-5
PERMANENT UNIVERSITY FUND
Establishment .............................VII-11
Investment .................. VII-11, VII-11a,
VII-11b, VII-17, VII-18, XVI-70
Land, sale of .................. VII-12, VII-15
PERPETUAL SCHOOL FUND
Established ...................................VII-2
PERPETUITY
Of the union ......................................I-1
Prohibited .......................................I-26
PETITION, RIGHT OF
Citizens for redress of
grievances .....................................I-27
PHYSICIANS
Qualifi cations, legislature may
prescribe ................................. XVI-31
POLICE
see LAW ENFORCEMENT
OFFICERS
POLITICAL POWER
Inherent in people .............................I-2
POLITICAL SUBDIVISIONS
see CITIES & TOWNS; COUNTIES;
STATE
POORHOUSES
Provision ......................................IX-14
POPULAR SOVEREIGNTY
Political power inherent in
people .............................................I-2
POSTMASTER
May hold more than one
offi ce ....................................... XVI-40
POTTER COUNTY
Amarillo hospital district,
taxation for ..................................IX-5
POULTRY
Exempt from taxation ............... VIII-19
PRAIRIE VIEW A&M UNIVERSITY
Bonds for permanent
improvements ...........................VII-18
Establishment .............................VII-14
I-26
PRECINCTS
Chambers County & Randall County
excepted from population
requirements ................................V-18
Division of counties into ...............V-18
PRESIDENT
see U.S. PRESIDENT
PRESIDENT PRO TEMPORE OF
SENATE
Duties during absence or vacancy
in offi ce of lieutenant
governor............................III-9, IV-17
Election ......................................... III-9
PRESS
Freedom of .......................................I-8
Libel .................................................I-8
PRIMOGENITURE, LAW OF
Prohibited .......................................I-26
PRINTING
Contracts for ............................. XVI-21
PRISONS
Bonds ........................................III-49-h
PRIVACY
Search & seizure prohibited .............I-9
PRIVILEGES & IMMUNITIES
Arrest
Legislators .............................. III-14
Voters .......................................VI-5
Deprivation without due course of
law prohibited ...............................I-19
Exclusive, no man entitled to ...........I-3
Liberty to speak & write, abuse
of privilege .....................................I-8
Special or irrevocable, no
grant of .........................................I-17
PROBABLE CAUSE
Warrant, requirement for ..................I-9
PROBATE COURT
Appointment of attorney ad litem
in insanity trial ...........................I-15-a
PROBATION
see PAROLE, PROBATION &
PARDONS
PROCEDENDO, WRIT OF
Court of criminal appeals, power
to issue ...........................................V-5
Supreme court, power to issue .........V-3
PRODUCT & BUSINESS
DEVELOPMENT FUNDS
Establishment ........................... XVI-71
PROHIBITION, WRIT OF
Power of court of criminal appeals
to issue ...........................................V-5
PROPERTY - PERSONAL
Income producing, minimal
value ......................................... VIII-1
Protection from forced sale ...... XVI-49
Taxation of .........VIII-1, VIII-1-d-1,
VIII-1-j
Sale of land for payment of
taxes .......................... VIII-13, VIII-15
Land exempt from forced
sale .........................................XI-9
Redemption ......................... VIII-13
Separate & community
property .................................. XVI-15
PROPERTY - PUBLIC
Exemption from property
tax ............................................. VIII-2
PROPERTY - REAL
Assessment, lien of ................... VIII-15
Compensation for taking
by state .........................................I-17
Deprivation .....................................I-19
Donation by school district ........VII-4B
Mineral interests, minimal
value ......................................... VIII-1
Open-space land,
taxation of ...........................VIII-1-d-1
Permanent school fund land,
release of state’s interest in
certain ......................................VII-2B
Relinquishment of state claim
to certain lands &
minerals ..................... VII-2A, VII-2C
Sale of land for payment of
taxes .......................... VIII-13, VIII-15
Redemption ......................... VIII-13
Separate & community
property .................................. XVI-15
see also AGRICULTURAL LAND
PROPERTY - REAL - HOMESTEAD
Amount ..................................... XVI-51
Descent & distribution .............. XVI-52
Equity loan or line of credit
secured by lien on ....XVI-50, XVI-51
Limit on increase in appraised
value of ..................................... VIII-1
Mortgages, trust deeds
& liens .................................... XVI-50
Owelty of partition ................... XVI-50
Protected from forced sale ........ XVI-50
Reverse mortgages .................... XVI-50
Separate & community
property .................................. XVI-15
Tax exemptions .........VIII-1-a, VIII-1-b
Uses ............................XVI-50, XVI-51
I-27
PROPERTY - SEPARATE &
COMMUNITY
Owelty of partition ................... XVI-50
Rights of & agreements by
spouses ....................VIII-1-b, XVI-15
PROPERTY - STATE
Appropriation for sectarian
purposes prohibited ........................I-7
Permanent school fund land, release
of state’s interest in certain ......VII-2B
Relinquishment of state claim to
certain lands &
minerals ..................... VII-2A, VII-2C
State claim to certain properties
granted during Mexican
colonization relinquished ........VII-2A
PUBLIC DOMAIN
Donation to aid in construction of
seawalls or breakwaters ...............XI-8
PUBLIC DUTY
Exemption by local or special law
prohibited .................................. III-56
PUBLIC EMPLOYEES
Compensation .............................. III-44
Death benefi ts ...........................III-51-d
Proprietary, coverage by Social
Security ................................... III-51g
PUBLIC EMPLOYEES - LOCAL
GOVERNMENT
City
Extra compensation
prohibited ............................. III-53
Workers’ compensation .......... III-60
County
Compensation of law
enforcement offi cers .......... XVI-61
Extra compensation
prohibited ............................. III-53
Law enforcement offi cers’
medical expenses,
payment of.......................... III-52e
Workers’ compensation .......... III-60
Retirement systems.....XVI-66, XVI-67
PUBLIC EMPLOYEES - STATE
GOVERNMENT
May serve as members of governing
boards of school districts, cities,
& local districts ...................... XVI-40
Retirement systems.....XVI-66, XVI-67
Workers’ compensation ............... III-59
PUBLIC FINANCE AUTHORITY,
TEXAS
Bond issuance ..............III-49-l, III-50-f
PUBLIC HEALTH SERVICES
see HEALTH SERVICES
PUBLIC OFFICERS
Appointment by governor requires
senate approval .......................... IV-12
Bribery, disqualifi cation to
offi ce ......................................... XVI-5
City, term of offi ce.......................XI-11
Compensation ...............III-44, XVI-40,
XVI-61
see also COMPENSATION
County
Removal of ...............................V-24
Residence ............................ XVI-14
Term of offi ce ........XVI-64, XVI-65
Deductions from salary for neglect
of duty .................................... XVI-10
District
Residence ............................ XVI-14
Term of offi ce ........XVI-64, XVI-65
Exclusive privileges &
emoluments ....................................I-3
Executive ....................................... IV-1
Election ........................... IV-2, IV-3
Report to governor on
accounts ................................ IV-24
Extra compensation
prohibited .................................. III-44
Fees paid into county
treasury ................................... XVI-61
Holding more than one
offi ce ....................................... XVI-33
Exceptions ........................... XVI-40
Ineligibility of U.S. Congress
members ................................. XVI-12
Investigation of breach of trust
& duty ........................................ IV-25
Minimum salary for several
offi ces ..................................... III-61-a
Offi cial oath ................................ XVI-1
Public funds, investigation of
custodians of .............................. IV-25
Religious test not required ................I-4
Residence ................................. XVI-14
Serve until successors
qualifi ed .................................. XVI-17
Succession of offi ce during
disasters caused by enemy
attack ......................................... III-62
Suspension from offi ce
Misuse of public funds ........... IV-25
Pending impeachment .............XV-5
Temporary, in case of enemy
attack ......................................... III-62
Temporary replacement for, if
called to active military
duty ......................................... XVI-72
Truth in publication in
investigating conduct of ..................I-8
I-28
Unopposed candidates may take
offi ce without election ........... XVI-13,
XVI-13A
Vacancy, election to fi ll
unexpired term ........................ XVI-27
see also IMPEACHMENT
PUBLIC SCHOOLS
see SCHOOLS, PUBLIC
PUBLICATIONS & REPORTS
Government contracts ............... XVI-21
PUNISHMENT
Cruel & unusual, not to be
infl icted .........................................I-13
QUALIFICATIONS
Airport authority directors ...........IX-12
Constables .....................................V-18
County court judges.......................V-15
Court of appeals justices ..................V-6
Court of criminal appeals
judges ............................................V-4
District judges .................................V-7
Governor ........................................ IV-4
Jurors .............................................V-14
Legislators
Generally .................................. III-8
Representatives......................... III-7
Senators .................................... III-6
Lieutenant governor..................... IV-16
Sheriffs ..........................................V-23
Supreme court
Chief justice ...............................V-2
Justices .......................................V-2
QUO WARRANTO, WRIT OF
Supreme court, power to issue .........V-3
RAFFLES, CHARITABLE
Permitted ..................................... III-47
RAIL RELOCATION AND
IMPROVEMENT FUND
Creation and fi nancing ..............III-49-o
RAILROAD COMMISSION
Composition ............................. XVI-30
RAILROADS
Appropriation of 1/10 of alternate
section of railroad grant to
University of Texas ...................VII-11
Declared public highways .............. X-2
Rail relocation and improvement
fund ........................................III-49-o
Taxes, assessment &
collection of .............................. VIII-8
RAINY DAY FUND
Established ...............................III-49-g
see ECONOMIC STABILIZATION
FUND
RANDALL COUNTY
Assistance to Amarillo hospital
district ..........................................IX-5
County surveyor’s offi ce
abolished................................. XVI-44
Establishing a precinct
requirement ..................................V-18
REAGAN COUNTY
Constable’s offi ce abolished &
duties transferred .........................V-18
REBATEMENT
To carriers, shippers & merchants,
prohibited ............................... XVI-25
REDEMPTION
Land sold for taxes ................... VIII-13
REDISTRICTING
see APPORTIONMENT
REDRESS OF GRIEVANCES
Right of citizens .............................I-27
REFORMATION OF GOVERNMENT
Right of citizens ...............................I-2
REHABILITATION PROGRAMS
Provision ................................... III-51-a
RELIGION
Freedom to worship ..........................I-6
Offi ce, religious test not
required for .....................................I-4
Protection of every denomination ......I-6
Witnesses not disqualifi ed ................I-5
RELIGIOUS ORGANIZATIONS
Appropriation of state funds
prohibited .......................................I-7
Exemption of property from
taxation ..................................... VIII-2
Preference of sects prohibited ..........I-6
Protection of every
denomination ..................................I-6
REMEDY
Due course of law ...........................I-13
REMONSTRANCE, RIGHT OF
Citizens for redress of
grievances .....................................I-27
REPRESENTATIVES
see LEGISLATORS
REPUBLICAN GOVERNMENT
Preservation ......................................I-2
RESERVOIRS
see WATER CONSERVATION
FACILITIES
I-29
RESIDENCY
Absence on certain business does
not forfeit .................................. XVI-9
Required for voting ...........VI-2, VI-2a,
VI-3
RESOLUTIONS
Approval by governor .................. IV-15
Defeated & no other of same
substance ................................... III-34
Joint, signing by presiding offi cer
of each house ............................. III-38
RETIREMENT
Judges ...........................................V-1-a
RETIREMENT SYSTEMS
Judicial, local & state ............... XVI-67
Protected benefi ts ..................... XVI-66
RETROACTIVE LAWS
Prohibited .......................................I-16
REVENUE BILLS
Origination & amendment ........... III-33
REVERSE MORTGAGES
Authorized ................................ XVI-50
REVISION, STATUTORY
Criminal & civil laws .................. III-43
RIVER AUTHORITIES
Water development
funds .................... III-49-c, III-49-d-1,
III-49-d-8
ROADS & STREETS
Bonds ............................. III-49-l, III-52
Convict labor, use of ................. XVI-24
County
Construction provided for by
general laws ............................XI-2
Taxation for construction &
maintenance ......................... III-52
Dallas County, bonds ................. III-52g
Farm-to-market, constructed with
revenue from ad valorem
taxes ....................................... VIII-1-a
Harris County, county or road
district tax in ............................ III-52d
Local or special law
prohibited .................................. III-56
Maintenance, legislature may pass
local laws for ........................... VIII-9
Private, maintenance by
counties ....................................III-52f
Provision for laying out &
working ................................... XVI-24
Taxation for construction &
maintenance ............................... III-52
Texas Mobility Fund,
creation of ...............................III-49-k
Toll roads & turnpikes, expenditures,
grants, & loans of money
for ...........................................III-52-b
Use of revenues from motor
vehicle registration ................ VIII-7-a
see also HIGHWAYS
ROBBERY, AGGRAVATED
Bail denial .................................... I-11a
ROBERTS COUNTY
Constable’s offi ce abolished &
duties transferred .........................V-18
RURAL ECONOMIC DEVELOPMENT
PROGRAMS
Agricultural fund .........III-49-f, III-49-i
Rural Microenterprise
Development Fund ..................III-49-i
SALARIES
see COMPENSATION
SAM HOUSTON STATE UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
SCHOOL DISTRICTS
Donation of real property &
improvements ..........................VII-4B
Formation .....................................VII-3
Taxes or bonds not invalidated
by changes in boundaries ....... VII-3-b
SCHOOL FUND
Motor fuel tax revenue
allocation ............................... VIII-7-a
Perpetual .......................................VII-2
Sale of lands set apart as...............VII-4
SCHOOLS, PUBLIC
Districts ..........................VII-3, VII-3-b
Donation of district real property
& improvements ......................VII-4B
Investment of
proceeds .....................VII-4, VII-6
Purchasers of, no relief to........VII-4
Sale of ..........................VII-4, VII-6
Generally .......................... VII-1 et seq.
Lands
County .....................................VII-6
County agricultural or grazing
school land subject to
tax ........................................VII-6a
Offi cials, term of offi ce ...........VII-16-a
Permanent school fund
see PERMANENT SCHOOL
FUND
Perpetual school fund ...................VII-2
Support & maintenance ...............VII-1,
VII-3, VII-5
I-30
Local or special law
prohibited ............................. III-56
Tax exemption for buildings ....... VIII-2
Taxes .............................................VII-3
Textbooks .....................................VII-3
SCHOOLS, SECTARIAN
Appropriation prohibited
Permanent or available
school fund ............................VII-5
State funds ...................................I-7
SEAL OF STATE
Description .................................. IV-19
On all commissions ..................... IV-20
SEARCH & SEIZURE
Warrant required ...............................I-9
SEAT OF GOVERNMENT
Austin .......................................... III-58
SEAWALLS
Donation of public domain for
construction .................................XI-8
Taxes for, cities & counties on
Gulf of Mexico ............................XI-7
SECRETARY OF STATE
Accounting & reporting to
governor..................................... IV-24
Appointment by governor ............ IV-21
Constitutional amendments,
preparation of explanatory
statement..................................XVII-1
Duties .......................................... IV-21
Executive department offi cer ......... IV-1
Ineligible for legislature .............. III-19
Notaries public,
appointment of ........................... IV-26
Salary ........................................... IV-21
Minimum ............................. III-61-a
Seal of state, use of ...................... IV-19
Term of offi ce .............................. IV-21
SELF-INCRIMINATION
Immunity from ...............................I-10
SEMINARIES
Appropriation prohibited
Permanent or available
school fund ............................VII-5
State funds ...................................I-7
SENATE
see LEGISLATURE
SENATE JOURNAL
see JOURNALS
SENATORS
see LEGISLATORS
SEPARATE PROPERTY
Rights & agreements of
spouses ................................... XVI-15
SEPARATION OF POWERS
Division of government .................. II-1
SEWER LATERALS
Relocation on private
property .....................................XI-12
SEXUAL OFFENSE
Bail denial .................................... I-11a
SHERIFFS
Assessor-collector of taxes ....... VIII-14
Compensation ........................... XVI-61
Election & term of offi ce ...............V-23
Qualifi cations prescribed by
legislature ....................................V-23
Vacancy in offi ce ...........................V-23
SMALL BUSINESS INCUBATOR
FUND
Establishment &
composition ............................ XVI-71
SMITH COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
Relinquishment of state claim to
certain lands & minerals ..........VII-2C
SOCIAL SECURITY
Proprietary employees,
coverage................................... III-51g
SOIL & WATER CONSERVATION
DISTRICTS
Offi cers may hold more than one
offi ce ....................................... XVI-40
see also CONSERVATION &
RECLAMATION DISTRICTS
SOLDIERS
Quartering in civilian homes ..........I-25
SOUTHWEST TEXAS STATE
UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
SPEAKER OF THE HOUSE
Appointment of members to Texas
Ethics Commission .................. III-24a
Election ......................................... III-9
Legislative Redistricting Board
member ...................................... III-28
Signing of bills ............................ III-38
SPECIAL FUNDS
Borrowing, withholding, or
diverting.................................... VIII-7
I-31
SPECIAL SESSION
Appointment of presidential
electors ........................................ IV-8
Convened by governor ........ III-40, IV-8
Convening at place other than
Austin .......................................... IV-8
Duration no longer than
30 days ...................................... III-40
Financial statement
supplement .............................. III-49a
One subject or those presented
by governor ................................ III-40
To consider removal of governor
appointee; not to exceed
two days ......................................XV-9
SPEECH
Freedom of .......................................I-8
Libel .................................................I-8
SPOUSAL MAINTENANCE
Garnishment of wages for
payment .................................. XVI-28
STATE
Civil litigation, defended by
attorney general ......................... IV-22
Credit, giving or lending of
prohibited .................................. III-50
Debt
Authorization of .................... III-49
Limits on .................. III-49, III-49-j
Refunding of .......................... III-49
Lottery, authorization to
operate .......................................III-47
Property appropriation
restrictions ......................................I-7
Right to appeal in criminal
cases ............................................V-26
Subject to U.S. Constitution .............I-1
Suits against
Attorney general
representation ....................... IV-22
Representation by county
attorney in district &
inferior courts .........................V-21
Treason ...........................................I-22
STATE BOARD OF EDUCATION
see EDUCATION, STATE BOARD OF
STATE CONTRACTS
Lowest responsible bidder ........ XVI-21
STATE EMPLOYEES
see PUBLIC EMPLOYEES - STATE
GOVERNMENT
STATE OF THE STATE ADDRESS
At commencement of session ........ IV-9
STATE SEAL
Description .................................. IV-19
On all commissions ..................... IV-20
STATIONERY
Contracts for ............................. XVI-21
STATUES
Appropriations for historical
memorials ............................... XVI-39
STATUTES
Constitutionality .......................... V-3-b
Revision ....................................... III-43
STEPHEN F. AUSTIN STATE
UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
STOCKHOLDERS
Protection of .................................XII-2
STREETS
see ROADS & STREETS
SUCCESSION OF OFFICE
Temporary ................................... III-62
see also particular offi ce
SUFFRAGE
Absence on certain business, no
forfeiture for ............................. XVI-9
Classes of persons not allowed
to vote ..........................................VI-1
Felons excluded from right ............VI-1
Protection ......................................VI-2
SUICIDE
Descent of property ........................I-21
SUL ROSS STATE UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
SUPREME BEING
Public offi ceholders required to
acknowledge ...................................I-4
SUPREME COURT
Appointment of master in judicial
conduct hearing ..........................V-1-a
Chief justice...........................V-2, V-28
Clerk of court ................................V-5a
Constitutionality of statutes ......... V-3-b
Establishment ..................................V-1
Jurisdiction ......................................V-3
Questions of state law certifi ed
from a federal appellate
court ......................................V-3-c
Justices
see JUDGES & JUSTICES
Legislative Redistricting Board,
jurisdiction over ......................... III-28
Membership .....................................V-2
I-32
Motion for rehearing, deadline
for action on ................................V-31
Original jurisdiction to issue
writs of quo warranto or
mandamus ......................................V-3
Power to issue writs .........................V-3
Quorum............................................V-2
Rules of procedure for courts,
power to establish ........................V-31
Rules of procedure for judicial
conduct review, power to
establish ......................................V-1-a
Sessions .........................................V-5b
Terms of Court...............................V-5b
Vacancy fi lled by governor’s
appointment .................................V-28
SUSPENSION OF SENTENCE
Court authority ......................... IV-11A
TARLETON STATE UNIVERSITY
Bonds for permanent
improvements ...........................VII-18
TARRANT COUNTY
County treasurer’s offi ce abolished
& duties transferred ................ XVI-44
TAX ASSESSOR-COLLECTOR
Compensation ........................... XVI-61
Election & term of offi ce .......... VIII-14
Eligibility for legislature ............. III-20
Sheriff shall serve in counties of
less than 10,000 ...................... VIII-14
TAXATION - GENERAL
Boards of equalization .............. VIII-18
Cities, to create sinking
fund ................................... XI-5, XI-6
Collected for public purposes
only ........................................... VIII-3
Conservation & reclamation
districts ................................... XVI-59
Corporations, power to tax shall
not be suspended or
surrendered ............................... VIII-4
Delinquent, release of party from
obligation ................................... III-55
Equal & uniform ......................... VIII-1
Governor’s estimate ....................... IV-9
Local, purposes for ...................... III-52
Specifi cation of subjects not
limitation of legislature’s
power ...................................... VIII-17
TAXATION - INCOME
Approval of voters
required .................................. VIII-24
Authority to levy .......... VIII-1, VIII-24
Imposition..................... VIII-2, VIII-24
Proceeds dedicated to education
& property tax relief ............... VIII-24
TAXATION - OCCUPATION
Equal & uniform ......................... VIII-2
Imposition................................... VIII-1
Limits on county, city, or town
occupation tax .......................... VIII-1
Not required of persons in
mechanical & agricultural
pursuits ..................................... VIII-1
One-fourth revenue for
schools ........................................VII-3
TAXATION - PROPERTY
Abolition of state ad valorem
taxes ....................................... VIII-1-e
Agricultural land
Assessment of ................... VIII-1-d,
VIII-1-d-1
Inspection of ....................... VIII-1-d
School, taxation of ................VII-6a
Amarillo, for hospital districts .......IX-5
Appraisal
Limit on increase in appraised
value of homestead .............. VIII-1
No statewide appraisal ........ VIII-23
Outside a county when political
subdivisions situated in two
counties ............................. VIII-18
Single .................................. VIII-18
Assessment
Fair cash market value not
to be exceeded ................... VIII-20
Lien of ................................. VIII-15
Place of ................................ VIII-11
Boards of equalization .............. VIII-18
Calculation of total amount
of taxes ................................... VIII-21
Castro County, for hospital
district ........................................IX-11
Cities under 5,000, no tax over
1-1/2 percent of taxable
property .......................................XI-4
Comanche County, for hospital
district ..........................................IX-8
Cultural, historical & natural history
resources, relief from ad valorem
taxes ........................................VIII-1-f
Discounts for advance
payments................................. VIII-20
Emergency services
districts ................................... III-48-e
Enforcement of standards lies
with county ............................. VIII-23
Equalization of valuation .......... VIII-18
Exemptions
Cemeteries ............................. VIII-2
Charitable organizations ........ VIII-2
I-33
Cocoa & green coffee held
in Harris County ............. VIII-1-n*
Disabled veterans .................. VIII-2
Farm products, livestock,
poultry & family
supplies ............................. VIII-19
Fire engines ..............................XI-9
Fire extinguishment, land used
for ...........................................XI-9
Homestead ..............VIII-1, VIII-1-b
Household goods ................... VIII-1
Implements of
husbandry .........................VIII-19a
Leased motor vehicles ........... VIII-1
Local or special law
prohibited ............................. III-56
Marine drilling equipment,
mobile ...............................VIII-1-i
Mineral interests, minimal
value .................................... VIII-1
Nonprofi t corporations supplying
water or providing wastewater
service .............................. VIII-1-k
Personal property temporarily
in state for commercial
purposes ..........................VIII-1-n†
Personal property temporarily
in state for
manufacturing ...................VIII-1-j
Personal property used for
production of income,
minimal value ...................... VIII-1
Pollution control
devices ...............................VIII-1-l
Public grounds ..........................XI-9
Reinvestment zones ............ VIII-1-g
Religious organizations, places
of worship ........................... VIII-2
Schools .................................. VIII-2
Solar-powered devices........... VIII-2
Surviving spouse of an elderly
person ............................... VIII-1-b
Tangible personal
property ............................... VIII-1
Veterans organizations........... VIII-2
Water conservation
initiative...........................VIII-1-m
Wind-powered devices .......... VIII-2
Farm .....................................VIII-1-d-1
Farm-to-market roads, revenue
used to construct .................... VIII-1-a
Galveston County, for hospital
district ..........................................IX-4
Hansford County, for hospital
district ........................................IX-11
Hidalgo County, for hospital
district ..........................................IX-7
Hopkins County, for hospital
district ........................................IX-11
Hospital districts ...... IX-4, IX-9, IX-9B
Increase in total amount, notice &
hearing required ...................... VIII-21
Jail districts ............................... III-48-f
Jefferson County, for hospital
district ..........................................IX-5
Legislature cannot release
payment of .............................. VIII-10
Legislature may authorize cities
to grant relief from ................ VIII-1-g
Levied by counties ................... VIII-1-a
Levying for schools .....................VII-3,
VII-3-b, VIII-24
Maximum ................................... VIII-9
No ad valorem tax for general
revenue purposes ................... VIII-1-e
Ochiltree County, for hospital
district ........................................IX-11
Open-space land ...................VIII-1-d-1
Payment of ................................ VIII-11
Potter County, for hospital
district ..........................................IX-5
Railroad property ........................ VIII-8
Ranch ....................................VIII-1-d-1
Randall County, for hospital
district ..........................................IX-5
Release from taxes in case of
disaster .................................... VIII-10
Revaluation of property, notice
required .................................. VIII-21
Sale of land or mineral interest for
payment of taxes ....... VIII-13, VIII-15
Redemption ......................... VIII-13
Seizure of property ................... VIII-15
Taxed in proportion to
value ......................................... VIII-1
University lands ..........................VII-16
Validation of assessment
ratio ....................................... VIII-1-h
Wichita County, for hospital
district ..........................................IX-5
Wildlife management ...........VIII-1-d-1
TAXATION - PROPERTY -
HOMESTEAD
Appraised value, limit on
increase in ................................. VIII-1
* Of the two Articles VIII-1-n, this is the one added by Acts 2001, 77th Leg., R.S., S.J.R. 47.
† Of the two Articles VIII-1-n, this is the one added by Acts 2001, 77th Leg., R.S., S.J.R. 6.
I-34
Election regarding exemption for
persons over 65 & disabled
persons ................................... VIII-1-b
Exemptions
Elementary & secondary school
purposes ........................... VIII-1-b
Generally ............... VIII-1, VIII-1-a,
VIII-1-b
Surviving spouse of an elderly
person ............................... VIII-1-b
Sale of land for payment of
taxes .......................... VIII-13, VIII-15
Redemption ......................... VIII-13
School taxes, limits on
increase .................................. VIII-1-b
Value of property not rendered
by owner ................................. VIII-11
TAXATION - SCHOOL
Limits on increase ................... VIII-1-b
Local property
taxes ..............................VII-3, VII-3-b
Proceeds from income tax used
for education ........................... VIII-24
TEACHER RETIREMENT SYSTEM
Contributions ............................ XVI-67
Investments in Texas growth
fund ........................................ XVI-70
Transfer of service credit to
Employees Retirement
System .................................... XVI-67
TELLER MACHINES
Authorization ............................ XVI-16
TERM OF OFFICE
Assessor-collector of taxes ....... XVI-65
Attorney general .......................... IV-22
Automatic resignation .............. XVI-65
Board member ........................ XVI-30a
City offi cial ..................................XI-11
Civil service offi cer ................ XVI-30b
Clerks of appellate courts ..............V-5a
Commissioners court clerk ............V-20
Comptroller of public
accounts ..................................... IV-23
Constable .................................. XVI-65
County attorney .............. V-21, XVI-65
County clerk ..................................V-20
County commissioner ...................V-18,
XVI-65
County court clerk .......... V-20, XVI-65
County court judge ......... V-15, XVI-65
County surveyor .........XVI-44, XVI-65
County treasurer ....................... XVI-44
Court of appeals justice ...................V-6
Court of criminal appeals
judge ..............................................V-4
Criminal district attorney ..............V-30,
XVI-65
District attorney .............. V-21, XVI-65
District court clerk .................... XVI-65
District court judge ..........................V-7
Fire fi ghters’ pension
commissioner ......................... XVI-67
General Land Offi ce,
commissioner of ........................ IV-23
Governor ........................................ IV-4
Inspector of hides &
animals ................................... XVI-64
Justice of the peace ......... V-18, XVI-65
Lieutenant governor..................... IV-16
Offi ces not fi xed by
constitution ............................. XVI-30
Railroad commissioner ............. XVI-30
Representative ............................... III-4
School offi cial .........................VII-16-a
Secretary of State ........................ IV-21
Senator ........................................... III-3
Sheriff ............................. V-23, XVI-65
State colleges & universities,
offi cial of ...............................VII-16-a
State Commission on Judicial
Conduct, member of ..............V-1-a(3)
Supreme court justice ......................V-2
Tax assessor-collector ............... VIII-14
TESTIMONY
Medical & psychiatric, adjudication
of insanity ..................................I-15-a
Treason, testimony of two
required ........................................I-22
TESTS
Religious, not required for public
offi ce ...............................................I-4
TEXAS A&M INTERNATIONAL
UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
TEXAS A&M UNIVERSITY
Agricultural & mechanical
departments ..............................VII-10
Appropriation for
construction ..............................VII-13
Appropriation from general
revenue fund in certain
cases .........................................VII-18
Board of regents, bond issuance
authority ...................................VII-18
Bonds for permanent
improvements ...........................VII-18
Branch of University of
Texas .........................................VII-13
Establishment .............................VII-13
Land, grant of .............................VII-15
I-35
TEXAS A&M UNIVERSITY AT
GALVESTON
Bonds for permanent
improvements ...........................VII-18
TEXAS A&M UNIVERSITY—CORPUS
CHRISTI
Bonds for permanent
improvements ...........................VII-17
TEXAS A&M UNIVERSITY—
KINGSVILLE
Bonds for permanent
improvements ...........................VII-17
TEXAS A&M UNIVERSITY SYSTEM
see TEXAS A&M UNIVERSITY
TEXAS AGRICULTURAL
EXPERIMENT STATIONS
Bonds for permanent
improvements ...........................VII-18
TEXAS AGRICULTURAL
EXTENSION SERVICE
Bonds for permanent
improvements ...........................VII-18
TEXAS AGRICULTURAL FINANCE
AUTHORITY
Funds administered................... III-49-f
TEXAS CANCER PLAN
Funds for research and
prevention .................................. III-67
TEXAS COLLEGE OF
OSTEOPATHIC MEDICINE
Bonds for permanent
improvements ...........................VII-17
TEXAS DEPARTMENT OF
TRANSPORTATION
Short-term notes and loans ......III-49-m
TEXAS ENGINEERING
EXPERIMENT STATIONS
Bonds for permanent
improvements ...........................VII-18
TEXAS ENGINEERING EXTENSION
SERVICE
Bonds for permanent
improvements ...........................VII-18
TEXAS ETHICS COMMISSION
Authority to recommend salary
& per diem of legislators .......... III-24,
III-24a
Composition .............................. III-24a
Terms of members ..................... III-24a
TEXAS FOREST SERVICE
Bonds for permanent
improvements ...........................VII-18
Redistribution of surplus fi re
fi ghting equipment .................... III-52i
TEXAS GROWTH FUND
Establishment, investment
& board ................................... XVI-70
Investment in, State Board of
Education ....................................VII-5
TEXAS MOBILITY FUND
Creation & funding ...................III-49-k
TEXAS PRODUCT DEVELOPMENT
FUND
Bonds for economic
development ........................... XVI-71
TEXAS SMALL BUSINESS
INCUBATOR FUND
Bonds for economic
development ........................... XVI-71
TEXAS SOUTHERN UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
TEXAS STATE TECHNICAL
COLLEGE SYSTEM
Bonds for permanent
improvements ...........................VII-17
TEXAS STATE UNIVERSITY
see SOUTHWEST TEXAS STATE
UNIVERSITY
TEXAS STATE UNIVERSITY SYSTEM
Bonds for permanent
improvements ...........................VII-17
TEXAS TECH UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER
Bonds for permanent
improvements ...........................VII-17
TEXAS TOMORROW FUND
Establishment, state support of &
investment of ............................VII-19
TEXAS TRANSPORTATION
COMMISSION
Administration of rail relocation
and improvement fund ............III-49-o
Authorization of short-term
notes and loans ......................III-49-m
I-36
Highway tax and revenue
anticipation notes ..................III-49-n*
TEXAS TRANSPORTATION
INSTITUTE
Bonds for permanent
improvements ...........................VII-18
TEXAS WOMAN’S UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
TEXTBOOKS
Duty of State Board of Education
to set aside money for .................VII-3
TITLE
Registration with General
Land Offi ce ............................... XIV-1
TOLL ROADS & TURNPIKES
Expenditures .............................III-52-b
TRADE
see BUSINESS
TREASON
Bases of conviction .........................I-22
Defi nition ........................................I-22
Legislator not privileged from
arrest .......................................... III-14
Not pardonable ............................ IV-11
TREASURER, STATE
Offi ce abolished & duties
transferred.................................... IV-1
TREASURY
Economic stabilization
fund ........................................III-49-g
Money cannot be borrowed by
legislature ................................. VIII-7
Texas Mobility Fund .................III-49-k
Withdrawal of money only for
specifi c appropriation ............... VIII-6
TRIAL
Impeachment party also subject to
indictment, trial &
punishment .................................XV-4
Jury
Impartial ....................................I-10
Right to ......................................I-15
Waiver of, commitment to
asylum ..................................I-15-a
Second for same offense .................I-14
Speedy, public trial, right of
accused .........................................I-10
see also JURY; TESTIMONY;
WITNESSES
TRUST DEEDS
On homesteads ......................... XVI-50
TUITION, COLLEGE
Prepaid ........................................VII-19
U.S. CONGRESS
Members ineligible for state
offi ce ....................................... XVI-12
U.S. CONSTITUTION
Supremacy ........................................I-1
U.S. PRESIDENT
Electors, appointment of ................ IV-8
Electors, voting for ...................... VI-2a
U.S. VICE PRESIDENT
Electors, voting for ...................... VI-2a
UNIVERSITY OF HOUSTON
Bonds for permanent
improvements ...........................VII-17
UNIVERSITY OF HOUSTON—CLEAR
LAKE
Bonds for permanent
improvements ...........................VII-17
UNIVERSITY OF HOUSTON—
DOWNTOWN
Bonds for permanent
improvements ...........................VII-17
UNIVERSITY OF HOUSTON SYSTEM
Bonds for permanent
improvements ...........................VII-17
UNIVERSITY OF HOUSTON—
VICTORIA
Bonds for permanent
improvements ...........................VII-17
UNIVERSITY OF NORTH TEXAS
Bonds for permanent
improvements ...........................VII-17
UNIVERSITY OF TEXAS
Appropriation from general revenue
fund in certain cases .................VII-18
Board of regents
Bond issuance authority ........VII-18
Investment of permanent university
fund .................... VII-11a, VII-11b
Terms of offi ce .................. XVI-30a
Bonds for permanent
improvements ...........................VII-18
Establishment .............................VII-10
Land
County taxation of .................VII-16
Grant of .................................VII-15
Sale of ......................VII-12, VII-15
* Of the two Articles III-49-n, this is the one added by Acts 2003, 78th Leg., R.S., H.J.R. 28.
I-37
Permanent university fund
see PERMANENT UNIVERSITY
FUND
Railroad grant, alternate
section of ..................................VII-11
UNIVERSITY OF TEXAS AT
ARLINGTON
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS AT AUSTIN
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS AT
BROWNSVILLE
Bonds for permanent
improvements ...........................VII-17
UNIVERSITY OF TEXAS AT DALLAS
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS AT EL PASO
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS AT SAN
ANTONIO
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS AT TYLER
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS HEALTH
CENTER AT TYLER
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS HEALTH
SCIENCE CENTER AT DALLAS
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS HEALTH
SCIENCE CENTER AT HOUSTON
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS HEALTH
SCIENCE CENTER AT SAN
ANTONIO
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS INSTITUTE
OF TEXAN CULTURES AT SAN
ANTONIO
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS MEDICAL
BRANCH AT GALVESTON
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS—PAN
AMERICAN
Bonds for permanent
improvements ...........................VII-17
UNIVERSITY OF TEXAS OF THE
PERMIAN BASIN
Bonds for permanent
improvements ...........................VII-18
UNIVERSITY OF TEXAS SYSTEM
see UNIVERSITY OF TEXAS
UNIVERSITY OF TEXAS SYSTEM
CANCER CENTER
Bonds for permanent
improvements ...........................VII-18
UNSOUND MIND, PERSONS OF
see MENTALLY ILL PERSONS
UPSHUR COUNTY
Relinquishment of state claim to
certain lands & minerals ..........VII-2C
USURY
Interest over 10 percent per annum
deemed usurious ..................... XVI-11
UVALDE STUDY CENTER
Bonds for permanent
improvements ...........................VII-17
VACANCIES
Certain state & district offi ces,
fi lling ......................................... IV-12
Filled for unexpired term .......... XVI-27
Legislative, fi lling ........................ III-13
see also particular offi ce
VENUE
Change in..................................... III-45
Local or special law
prohibited ............................. III-56
Power vested in courts ............ III-45
VETERANS
see ARMED FORCES
VETERANS HOMES
Funding for ...............................III-49-b
VETERANS’ HOUSING ASSISTANCE
FUND
Bond money used to
augment ..................................III-49-b
Creation & composition ...........III-49-b
I-38
VETERANS’ HOUSING ASSISTANCE
FUND II
Bond money used to
augment ..................................III-49-b
Creation & composition ...........III-49-b
VETERANS’ LAND BOARD
Bonds
Interest rates ........................... III-65
Issuance ...............................III-49-b
To provide fi nancing to
veterans .............................III-49-b
To provide for veterans
cemeteries..........................III-49-b
To provide for veterans
homes ................................III-49-b
Creation ....................................III-49-b
Funds administered
Veterans’ Housing Assistance
Fund ..................................III-49-b
Veterans’ Housing Assistance
Fund II ...............................III-49-b
Veterans’ Land Fund ...........III-49-b
Membership
Compensation ......................III-49-b
Composition ........................III-49-b
VETERANS’ LAND FUND
Bond money used to
augment ..................................III-49-b
Bonds
Issuance ...............................III-49-b
Retirement ...........................III-49-b
Revenue ...............................III-49-b
Composition .............................III-49-b
Creation ....................................III-49-b
Investment of money by
Veterans’ Land Board .............III-49-b
Land, purchase & sale of ..........III-49-b
VETERANS ORGANIZATIONS
Property tax exemption ............... VIII-2
VETO
Appropriations bill items ............. IV-14
Governor’s power ........................ IV-14
Overriding by houses ................... IV-14
VICE PRESIDENT, U.S.
Electors, voting for ...................... VI-2a
VOTERS
Persons not allowed to vote ...........VI-1
Privilege from arrest ......................VI-5
Qualifi cations
Bond issuance elections ......... VI-3a
Municipal elections ..................VI-3
Presidential elections .............. VI-2a
Qualifi ed voters .............VI-2, VI-2a
Registration ...............VI-2, VI-2a, VI-4
VOTING
see ELECTIONS
WAR
Grand jury indictment, exception
during ...........................................I-10
Quartering of soldiers in civilian
homes ...........................................I-25
Treason against state .......................I-22
WARRANT
Arrest without ...................................I-9
Description of items for search
required ..........................................I-9
WATER COMMISSION (now TEXAS
NATURAL RESOURCE
CONSERVATION COMMISSION)
Conservation & reclamation districts,
will receive copy of bills proposing
new districts ............................ XVI-59
Permits for acquisition of water
storage facilities ......................III-49-d
WATER CONSERVATION FACILITIES
Agricultural ..............................III-50-d
Development & funding .......... III-49-c,
III-49-d, III-49-d-1, III-49-d-2,
III-49-d-3, III-49-d-4, III-49-d-5,
III-49-d-7, III-49-d-8, III-50-d
Taxation for construction &
maintenance ............................... III-52
see also CONSERVATION &
RECLAMATION DISTRICTS
WATER CONSERVATION
INITIATIVE
Tax exemption ........................VIII-1-m
WATER DEVELOPMENT BOARD
Bonds ........................ III-49-c, III-49-d,
III-49-d-1, III-49-d-2, III-49-d-6,
III-49-d-7, III-49-d-8, III-49-d-9,
III-50-d
Creation .................................... III-49-c
Membership .............................. III-49-c
WATER DEVELOPMENT FUND
Bonds ........................ III-49-c, III-49-d,
III-49-d-1, III-49-d-2, III-49-d-6,
III-49-d-7
Creation .................................... III-49-c
Use ............................ III-49-c, III-49-d,
III-49-d-1, III-49-d-2, III-49-d-6,
III-49-d-7
WATER DEVELOPMENT FUND II
Administration, bonds,
creation ..............III-49-d-8, III-49-d-9
I-39
WATER LATERALS
Relocation on private
property .....................................XI-12
WEAPONS
Carrying ..........................................I-23
Deadly, bail denial ........................ I-11a
Right to bear arms ..........................I-23
WEBB COUNTY
County surveyor’s offi ce
abolished................................. XVI-44
WEST TEXAS A&M UNIVERSITY
Bonds for permanent
improvements ...........................VII-17
WICHITA COUNTY
Hospital district .............................IX-5
WINERIES
Manufacture, sale, and dispensing
of wine .................................... XVI-20
WITNESSES
Accused right to confront ...............I-10
Medical & psychiatric, commitment
of mentally ill persons ...............I-15-a
Oaths & affi rmations ........................I-5
Out-of-state.....................................I-10
Religious beliefs, not
disqualifi ed by ................................I-5
Subpoena ........................................I-10
Treason, two witnesses
required ........................................I-22
WORKERS’ COMPENSATION
County & political subdivision
employees .................................. III-60
Municipal employees .................. III-60
State employees ........................... III-59
WORSHIP
Freedom of .......................................I-6
WRITS
see particular writs: HABEAS
CORPUS, MANDAMUS, etc.
YOUTH CORRECTIONS FACILITIES
Bonds ........................................III-49-h
ZONING
Airport authority, right to adopt
& enforce zoning .......................IX-12
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