Texas
Constitution
Includes Amendments From
the May 12 and November 6, 2007,
Constitutional Amendment Elections
Prepared by the Research Division
of the
Texas Legislative Council
Published by the
Texas Legislative Council
P.O. Box 12128
Austin, Texas 78711-2128
Lieutenant Governor David Dewhurst, Joint Chair
Speaker Joe Straus, Joint Chair
Milton Rister, Executive Director
Copies of this publication have been distributed in compliance with the state
depository law (Subchapter G, Chapter 441, Government Code), and are available
for public use through the Texas State Publications Depository Program at the Texas
State Library and other state depository libraries. An online version of this publication
can be found at http://www.tlc.state.tx.us.
Additional copies of this publication may be obtained from House Document
Distribution:
In person: Room B.324, Robert E. Johnson, Sr., Legislative Office Building
1501 N. Congress Avenue
By mail: P.O. Box 12128, Austin, TX 78711-2128
By phone: (512) 463-1144
By fax: (512) 463-2920
By e-mail: house.documentdistribution@tlc.state.tx.us
By online request form (legislative offi ces only): http://bilreq/House.aspx
The mission of the Texas Legislative Council is to provide professional,
nonpartisan service and support to the Texas Legislature and legislative
agencies. In every area of responsibility, we strive
for quality and effi ciency.
CONSTITUTION
OF THE
STATE OF TEXAS 1876
Adopted February 15, 1876
Article Page
Pre amble.
1. Bill of Rights ......................................................................................... 1
2. The Powers of Government................................................................... 8
3. Legislative Department ......................................................................... 9
4. Executive Department ......................................................................... 67
5. Judicial Department ............................................................................ 75
6. Suffrage ............................................................................................... 91
7. Education ............................................................................................ 93
8. Taxation and Revenue ....................................................................... 111
9. Counties ............................................................................................ 132
10. Railroads ........................................................................................... 142
11. Municipal Corporations .................................................................... 143
12. Private Corporations ......................................................................... 146
13. Spanish and Mexican Land Titles
(Repealed Aug. 5, 1969.) .................................................................. 147
14. Public Lands and Land Offi ce ........................................................... 148
15. Impeachment ..................................................................................... 149
16. General Provisions ............................................................................ 151
17. Mode of Amending the Constitution
of This State ...................................................................................... 187
Appendix: Notes on Temporary Provisions for
Adopted Amendments ...................................................................... 188
Index ................................................................................................. I-1

1
Art. 1 Sec. 1
PREAMBLE
Humbly invoking the blessings of Almighty God, the people of the State of
Texas, do ordain and establish this Constitution.
ARTICLE 1
BILL OF RIGHTS
That the general, great and essential principles of liberty and free government
may be recognized and established, we declare:
Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free
and independent State, subject only to the Constitution of the United States, and
the maintenance of our free institutions and the perpetuity of the Union depend
upon the preservation of the right of local self-government, unimpaired to all
the States.
Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM
OF GOVERNMENT. All political power is inherent in the people, and all free
governments are founded on their authority, and instituted for their benefi t. The
faith of the people of Texas stands pledged to the preservation of a republican
form of government, and, subject to this limitation only, they have at all times
the inalienable right to alter, reform or abolish their government in such manner
as they may think expedient.
Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact,
have equal rights, and no man, or set of men, is entitled to exclusive separate
public emoluments, or privileges, but in consideration of public services.
Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall
not be denied or abridged because of sex, race, color, creed, or national origin.
This amendment is self-operative. (Added Nov. 7, 1972.)
Sec. 4. RELIGIOUS TESTS. No religious test shall ever be required as
a qualifi cation to any offi ce, or public trust, in this State; nor shall any one be
excluded from holding offi ce on account of his religious sentiments, provided
he acknowledge the existence of a Supreme Being.
Sec. 5. WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS;
OATHS AND AFFIRMATIONS. No person shall be disqualifi ed to give
evidence in any of the Courts of this State on account of his religious opinions,
or for the want of any religious belief, but all oaths or affi rmations shall be
administered in the mode most binding upon the conscience, and shall be taken
subject to the pains and penalties of perjury.
Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible
right to worship Almighty God according to the dictates of their own consciences.
No man shall be compelled to attend, erect or support any place of worship, or
to maintain any ministry against his consent. No human authority ought, in any
case whatever, to control or interfere with the rights of conscience in matters of
religion, and no preference shall ever be given by law to any religious society or
2
Art. 1 Sec. 7
mode of worship. But it shall be the duty of the Legislature to pass such laws as
may be necessary to protect equally every religious denomination in the peaceable
enjoyment of its own mode of public worship.
Sec. 7. APPROPRIATIONS FOR SECTARIAN PURPOSES. No money
shall be appropriated, or drawn from the Treasury for the benefi t of any sect, or
religious society, theological or religious seminary; nor shall property belonging
to the State be appropriated for any such purposes.
Sec. 8. FREEDOM OF SPEECH AND PRESS; LIBEL. Every person
shall be at liberty to speak, write or publish his opinions on any subject, being
responsible for the abuse of that privilege; and no law shall ever be passed
curtailing the liberty of speech or of the press. In prosecutions for the publication
of papers, investigating the conduct of offi cers, or men in public capacity, or
when the matter published is proper for public information, the truth thereof
may be given in evidence. And in all indictments for libels, the jury shall have
the right to determine the law and the facts, under the direction of the court, as
in other cases.
Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in
their persons, houses, papers and possessions, from all unreasonable seizures or
searches, and no warrant to search any place, or to seize any person or thing, shall
issue without describing them as near as may be, nor without probable cause,
supported by oath or affi rmation.
Sec. 10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS.
In all criminal prosecutions the accused shall have a speedy public trial by an
impartial jury. He shall have the right to demand the nature and cause of the
accusation against him, and to have a copy thereof. He shall not be compelled to
give evidence against himself, and shall have the right of being heard by himself
or counsel, or both, shall be confronted by the witnesses against him and shall
have compulsory process for obtaining witnesses in his favor, except that when
the witness resides out of the State and the offense charged is a violation of any
of the anti-trust laws of this State, the defendant and the State shall have the
right to produce and have the evidence admitted by deposition, under such rules
and laws as the Legislature may hereafter provide; and no person shall be held
to answer for a criminal offense, unless on an indictment of a grand jury, except
in cases in which the punishment is by fi ne or imprisonment, otherwise than in
the penitentiary, in cases of impeachment, and in cases arising in the army or
navy, or in the militia, when in actual service in time of war or public danger.
(Amended Nov. 5, 1918.)
Sec. 11. BAIL. All prisoners shall be bailable by suffi cient sureties, unless
for capital offenses, when the proof is evident; but this provision shall not be
so construed as to prevent bail after indictment found upon examination of the
evidence, in such manner as may be prescribed by law.
Sec. 11a. MULTIPLE CONVICTIONS; DENIAL OF BAIL. (a) Any
person (1) accused of a felony less than capital in this State, who has been
theretofore twice convicted of a felony, the second conviction being subsequent
to the fi rst, both in point of time of commission of the offense and conviction
therefor, (2) accused of a felony less than capital in this State, committed while
3
Art. 1 Sec. 11b
on bail for a prior felony for which he has been indicted, (3) accused of a felony
less than capital in this State involving the use of a deadly weapon after being
convicted of a prior felony, or (4) accused of a violent or sexual offense committed
while under the supervision of a criminal justice agency of the State or a political
subdivision of the State for a prior felony, after a hearing, and upon evidence
substantially showing the guilt of the accused of the offense in (1) or (3) above,
of the offense committed while on bail in (2) above, or of the offense in (4) above
committed while under the supervision of a criminal justice agency of the State or
a political subdivision of the State for a prior felony, may be denied bail pending
trial, by a district judge in this State, if said order denying bail pending trial is
issued within seven calendar days subsequent to the time of incarceration of the
accused; provided, however, that if the accused is not accorded a trial upon the
accusation under (1) or (3) above, the accusation and indictment used under (2)
above, or the accusation or indictment used under (4) above within sixty (60)
days from the time of his incarceration upon the accusation, the order denying
bail shall be automatically set aside, unless a continuance is obtained upon the
motion or request of the accused; provided, further, that the right of appeal to the
Court of Criminal Appeals of this State is expressly accorded the accused for a
review of any judgment or order made hereunder, and said appeal shall be given
preference by the Court of Criminal Appeals.
(b) In this section:
(1) “Violent offense” means:
(A) murder;
(B) aggravated assault, if the accused used or exhibited a deadly weapon
during the commission of the assault;
(C) aggravated kidnapping; or
(D) aggravated robbery.
(2) “Sexual offense” means:
(A) aggravated sexual assault;
(B) sexual assault; or
(C) indecency with a child. (Added Nov. 6, 1956; amended Nov. 8, 1977;
Subsec. (a) amended and (b) added Nov. 2, 1993.)
Sec. 11b. VIOLATION OF CONDITION OF RELEASE PENDING
TRIAL; DENIAL OF BAIL. Any person who is accused in this state of a
felony or an offense involving family violence, who is released on bail pending
trial, and whose bail is subsequently revoked or forfeited for a violation of a
condition of release may be denied bail pending trial if a judge or magistrate in
this state determines by a preponderance of the evidence at a subsequent hearing
that the person violated a condition of release related to the safety of a victim
of the alleged offense or to the safety of the community. (Added Nov. 8, 2005;
amended Nov. 6, 2007.)
Sec. 11c. VIOLATION OF AN ORDER FOR EMERGENCY
PROTECTION INVOLVING FAMILY VIOLENCE. The legislature by
4
Art. 1 Sec. 12
general law may provide that any person who violates an order for emergency
protection issued by a judge or magistrate after an arrest for an offense involving
family violence or who violates an active protective order rendered by a court in
a family violence case, including a temporary ex parte order that has been served
on the person, or who engages in conduct that constitutes an offense involving
the violation of an order described by this section may be taken into custody and,
pending trial or other court proceedings, denied release on bail if following a
hearing a judge or magistrate in this state determines by a preponderance of the
evidence that the person violated the order or engaged in the conduct constituting
the offense. (Added Nov. 6, 2007.)
Sec. 12. HABEAS CORPUS. The writ of habeas corpus is a writ of right,
and shall never be suspended. The Legislature shall enact laws to render the
remedy speedy and effectual.
Sec. 13. EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL
PUNISHMENT; REMEDY BY DUE COURSE OF LAW. Excessive bail shall
not be required, nor excessive fi nes imposed, nor cruel or unusual punishment
infl icted. All courts shall be open, and every person for an injury done him, in
his lands, goods, person or reputation, shall have remedy by due course of law.
Sec. 14. DOUBLE JEOPARDY. No person, for the same offense, shall
be twice put in jeopardy of life or liberty; nor shall a person be again put upon
trial for the same offense after a verdict of not guilty in a court of competent
jurisdiction.
Sec. 15. RIGHT OF TRIAL BY JURY. The right of trial by jury shall
remain inviolate. The Legislature shall pass such laws as may be needed to
regulate the same, and to maintain its purity and effi ciency. Provided, that the
Legislature may provide for the temporary commitment, for observation and/or
treatment, of mentally ill persons not charged with a criminal offense, for a period
of time not to exceed ninety (90) days, by order of the County Court without the
necessity of a trial by jury. (Amended Aug. 24, 1935.)
Sec. 15-a. COMMITMENT OF PERSONS OF UNSOUND MIND. No
person shall be committed as a person of unsound mind except on competent
medical or psychiatric testimony. The Legislature may enact all laws necessary
to provide for the trial, adjudication of insanity and commitment of persons of
unsound mind and to provide for a method of appeal from judgments rendered in
such cases. Such laws may provide for a waiver of trial by jury, in cases where
the person under inquiry has not been charged with the commission of a criminal
offense, by the concurrence of the person under inquiry, or his next of kin, and
an attorney ad litem appointed by a judge of either the County or Probate Court
of the county where the trial is being held, and shall provide for a method of
service of notice of such trial upon the person under inquiry and of his right to
demand a trial by jury. (Added Nov. 6, 1956.)
Sec. 16. BILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE
LAWS; IMPAIRING OBLIGATION OF CONTRACTS. No bill of attainder,
ex post facto law, retroactive law, or any law impairing the obligation of contracts,
shall be made.
5
Art. 1 Sec. 17
Sec. 17. TAKING, DAMAGING, OR DESTROYING PROPERTY FOR
PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL
OF PRIVILEGES AND FRANCHISES. No person’s property shall be
taken, damaged or destroyed for or applied to public use without adequate
compensation being made, unless by the consent of such person; and, when
taken, except for the use of the State, such compensation shall be fi rst made, or
secured by a deposit of money; and no irrevocable or uncontrollable grant of
special privileges or immunities, shall be made; but all privileges and franchises
granted by the Legislature, or created under its authority shall be subject to the
control thereof.
Sec. 18. IMPRISONMENT FOR DEBT. No person shall ever be
imprisoned for debt.
Sec. 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE
OF LAW. No citizen of this State shall be deprived of life, liberty, property,
privileges or immunities, or in any manner disfranchised, except by the due
course of the law of the land.
Sec. 20. OUTLAWRY OR TRANSPORTATION FOR OFFENSE. No
citizen shall be outlawed. No person shall be transported out of the State for any
offense committed within the same. This section does not prohibit an agreement
with another state providing for the confi nement of inmates of this State in the
penal or correctional facilities of that state. (Amended Nov. 5, 1985.)
Sec. 21. CORRUPTION OF BLOOD; FORFEITURE; SUICIDES. No
conviction shall work corruption of blood, or forfeiture of estate, and the estates
of those who destroy their own lives shall descend or vest as in case of natural
death.
Sec. 22. TREASON. Treason against the State shall consist only in levying
war against it, or adhering to its enemies, giving them aid and comfort; and no
person shall be convicted of treason except on the testimony of two witnesses to
the same overt act, or on confession in open court.
Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have
the right to keep and bear arms in the lawful defense of himself or the State; but
the Legislature shall have power, by law, to regulate the wearing of arms, with
a view to prevent crime.
Sec. 24. MILITARY SUBORDINATE TO CIVIL AUTHORITY. The
military shall at all times be subordinate to the civil authority.
Sec. 25. QUARTERING SOLDIERS IN HOUSES. No soldier shall in
time of peace be quartered in the house of any citizen without the consent of the
owner, nor in time of war but in a manner prescribed by law.
Sec. 26. PERPETUITIES AND MONOPOLIES; PRIMOGENITURE
OR ENTAILMENTS. Perpetuities and monopolies are contrary to the genius of
a free government, and shall never be allowed, nor shall the law of primogeniture
or entailments ever be in force in this State.
Sec. 27. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF
GRIEVANCES. The citizens shall have the right, in a peaceable manner, to
6
Art. 1 Sec. 28
assemble together for their common good; and apply to those invested with the
powers of government for redress of grievances or other purposes, by petition,
address or remonstrance.
Sec. 28. SUSPENSION OF LAWS. No power of suspending laws in this
State shall be exercised except by the Legislature.
Sec. 29. PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM
POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE.
To guard against transgressions of the high powers herein delegated, we declare
that everything in this “Bill of Rights” is excepted out of the general powers of
government, and shall forever remain inviolate, and all laws contrary thereto, or
to the following provisions, shall be void.
Sec. 30. RIGHTS OF CRIME VICTIMS. (a) A crime victim has the
following rights:
(1) the right to be treated with fairness and with respect for the victim’s
dignity and privacy throughout the criminal justice process; and
(2) the right to be reasonably protected from the accused throughout the
criminal justice process.
(b) On the request of a crime victim, the crime victim has the following
rights:
(1) the right to notifi cation of court proceedings;
(2) the right to be present at all public court proceedings related to the
offense, unless the victim is to testify and the court determines that the victim’s
testimony would be materially affected if the victim hears other testimony at
the trial;
(3) the right to confer with a representative of the prosecutor’s offi ce;
(4) the right to restitution; and
(5) the right to information about the conviction, sentence, imprisonment,
and release of the accused.
(c) The legislature may enact laws to defi ne the term “victim” and to enforce
these and other rights of crime victims.
(d) The state, through its prosecuting attorney, has the right to enforce the
rights of crime victims.
(e) The legislature may enact laws to provide that a judge, attorney for
the state, peace offi cer, or law enforcement agency is not liable for a failure or
inability to provide a right enumerated in this section. The failure or inability of
any person to provide a right or service enumerated in this section may not be
used by a defendant in a criminal case as a ground for appeal or post-conviction
writ of habeas corpus. A victim or guardian or legal representative of a victim
has standing to enforce the rights enumerated in this section but does not have
standing to participate as a party in a criminal proceeding or to contest the
disposition of any charge. (Added Nov. 7, 1989.)
7
Art. 1 Sec. 31
Sec. 31. COMPENSATION TO VICTIMS OF CRIME FUND;
COMPENSATION TO VICTIMS OF CRIME AUXILIARY FUND; USE
OF FUND MONEY. (a) The compensation to victims of crime fund created by
general law and the compensation to victims of crime auxiliary fund created by
general law are each a separate dedicated account in the general revenue fund.
(b) Except as provided by Subsection (c) of this section and subject to
legislative appropriation, money deposited to the credit of the compensation to
victims of crime fund or the compensation to victims of crime auxiliary fund from
any source may be expended as provided by law only for delivering or funding
victim-related compensation, services, or assistance.
(c) The legislature may provide by law that money in the compensation
to victims of crime fund or in the compensation to victims of crime auxiliary
fund may be expended for the purpose of assisting victims of episodes of mass
violence if other money appropriated for emergency assistance is depleted.
(Added Nov. 4, 1997.)
Sec. 32. MARRIAGE. (a) Marriage in this state shall consist only of the
union of one man and one woman.
(b) This state or a political subdivision of this state may not create or recognize
any legal status identical or similar to marriage. (Added Nov. 8, 2005.)
8
Art. 2 Sec. 1
ARTICLE 2
THE POWERS OF GOVERNMENT
Sec. 1. DIVISION OF POWERS; THREE SEPARATE DEPARTMENTS;
EXERCISE OF POWER PROPERLY ATTACHED TO OTHER
DEPARTMENTS. The powers of the Government of the State of Texas shall
be divided into three distinct departments, each of which shall be confi ded to a
separate body of magistracy, to wit: Those which are Legislative to one; those
which are Executive to another, and those which are Judicial to another; and no
person, or collection of persons, being of one of these departments, shall exercise
any power properly attached to either of the others, except in the instances herein
expressly permitted.
9
Art. 3 Sec. 1
ARTICLE 3
LEGISLATIVE DEPARTMENT
Sec. 1. SENATE AND HOUSE OF REPRESENTATIVES. The Legislative
power of this State shall be vested in a Senate and House of Representatives,
which together shall be styled “The Legislature of the State of Texas.”
Sec. 2. MEMBERSHIP OF SENATE AND HOUSE OF
REPRESENTATIVES. The Senate shall consist of thirty-one members. The
House of Representatives shall consist of 150 members. (Amended Nov. 2,
1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 2: See Appendix,
Note 1.)
Sec. 3. ELECTION AND TERM OF OFFICE OF SENATORS. The
Senators shall be chosen by the qualifi ed voters for the term of four years; but a
new Senate shall be chosen after every apportionment, and the Senators elected
after each apportionment shall be divided by lot into two classes. The seats of
the Senators of the fi rst class shall be vacated at the expiration of the fi rst two
years, and those of the second class at the expiration of four years, so that one half
of the Senators shall be chosen biennially thereafter. Senators shall take offi ce
following their election, on the day set by law for the convening of the Regular
Session of the Legislature, and shall serve thereafter for the full term of years
to which elected. (Amended Nov. 8, 1966, and Nov. 2, 1999.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 3: See Appendix, Note 1.)
Sec. 4. ELECTION AND TERM OF MEMBERS OF HOUSE OF
REPRESENTATIVES. The Members of the House of Representatives shall be
chosen by the qualifi ed voters for the term of two years. Representatives shall
take offi ce following their election, on the day set by law for the convening of
the Regular Session of the Legislature, and shall serve thereafter for the full
term of years to which elected. (Amended Nov. 8, 1966, and Nov. 2, 1999.)
(TEMPORARY TRANSITION PROVISIONS for Sec. 4: See Appendix,
Note 1.)
Sec. 5. MEETINGS; ORDER OF BUSINESS. (a) The Legislature shall
meet every two years at such time as may be provided by law and at other times
when convened by the Governor.
(b) When convened in regular Session, the fi rst thirty days thereof shall
be devoted to the introduction of bills and resolutions, acting upon emergency
appropriations, passing upon the confi rmation of the recess appointees of the
Governor and such emergency matters as may be submitted by the Governor in
special messages to the Legislature. During the succeeding thirty days of the
regular session of the Legislature the various committees of each House shall
hold hearings to consider all bills and resolutions and other matters then pending;
and such emergency matters as may be submitted by the Governor. During the
remainder of the session the Legislature shall act upon such bills and resolutions
as may be then pending and upon such emergency matters as may be submitted
by the Governor in special messages to the Legislature.
10
Art. 3 Sec. 6
(c) Notwithstanding Subsection (b), either House may determine its order
of business by an affi rmative vote of four-fi fths of its membership. (Amended
Nov. 4, 1930, and Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS
for Sec. 5: See Appendix, Note 1.)
Sec. 6. QUALIFICATIONS OF SENATORS. No person shall be a Senator,
unless he be a citizen of the United States, and, at the time of his election a
qualifi ed voter of this State, and shall have been a resident of this State fi ve years
next preceding his election, and the last year thereof a resident of the district for
which he shall be chosen, and shall have attained the age of twenty-six years.
(Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for
Sec. 6: See Appendix, Note 1.)
Sec. 7. QUALIFICATIONS OF REPRESENTATIVES. No person shall
be a Representative, unless he be a citizen of the United States, and, at the time
of his election, a qualifi ed voter of this State, and shall have been a resident of
this State two years next preceding his election, the last year thereof a resident
of the district for which he shall be chosen, and shall have attained the age of
twenty-one years. (Amended Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 7: See Appendix, Note 1.)
Sec. 8. EACH HOUSE JUDGE OF QUALIFICATIONS AND
ELECTION; CONTESTS. Each House shall be the judge of the qualifi cations
and election of its own members; but contested elections shall be determined in
such manner as shall be provided by law.
Sec. 9. PRESIDENT PRO TEMPORE OF SENATE; LIEUTENANT
GOVERNOR OFFICE VACANCY; SPEAKER OF HOUSE OF
REPRESENTATIVES. (a) The Senate shall, at the beginning and close of
each session, and at such other times as may be necessary, elect one of its
members President pro tempore, who shall perform the duties of the Lieutenant
Governor in any case of absence or temporary disability of that offi cer. If the
offi ce of Lieutenant Governor becomes vacant, the President pro tempore of the
Senate shall convene the Committee of the Whole Senate within 30 days after the
vacancy occurs. The Committee of the Whole shall elect one of its members to
perform the duties of the Lieutenant Governor in addition to the member’s duties
as Senator until the next general election. If the Senator so elected ceases to be a
Senator before the election of a new Lieutenant Governor, another Senator shall
be elected in the same manner to perform the duties of the Lieutenant Governor
until the next general election. Until the Committee of the Whole elects one of
its members for this purpose, the President pro tempore shall perform the duties
of the Lieutenant Governor as provided by this subsection.
(b) The House of Representatives shall, when it fi rst assembles, organize
temporarily, and thereupon proceed to the election of a Speaker from its own
members.
(c) Each House shall choose its other offi cers. (Amended Nov. 6, 1984;
Subsec. (a) amended Nov. 2, 1999.)
Sec. 10. QUORUM; ADJOURNMENTS FROM DAY TO DAY;
COMPELLING ATTENDANCE. Two-thirds of each House shall constitute
11
Art. 3 Sec. 11
a quorum to do business, but a smaller number may adjourn from day to day,
and compel the attendance of absent members, in such manner and under such
penalties as each House may provide.
Sec. 11. RULES OF PROCEDURE; EXPULSION OF MEMBER.
Each House may determine the rules of its own proceedings, punish members
for disorderly conduct, and, with the consent of two-thirds, expel a member, but
not a second time for the same offense.
Sec. 12. JOURNALS OF PROCEEDINGS; ENTERING YEAS AND
NAYS. (a) Each house of the legislature shall keep a journal of its proceedings,
and publish the same.
(b) A vote taken by either house must be by record vote with the vote of each
member entered in the journal of that house if the vote is on fi nal passage of a
bill, a resolution proposing or ratifying a constitutional amendment, or another
resolution other than a resolution of a purely ceremonial or honorary nature.
Either house by rule may provide for exceptions to this requirement for a bill that
applies only to one district or political subdivision of this state. For purposes of
this subsection, a vote on fi nal passage includes a vote on third reading in a house,
or on second reading if the house suspends the requirement for three readings,
on whether to concur in the other house’s amendments, and on whether to adopt
a conference committee report.
(c) The yeas and nays of the members of either house on any other question
shall, at the desire of any three members present, be entered on the journals.
(d) Each house shall make each record vote required under Subsection (b)
of this section, including the vote of each individual member as recorded in the
journal of that house, available to the public for a reasonable period of not less
than two years through the Internet or a successor electronic communications
system accessible by the public. For a record vote on a bill or on a resolution
proposing or ratifying a constitutional amendment, the record vote must be
accessible to the public by reference to the designated number of the bill or
resolution and by reference to its subject. (Subsecs. (a) and (c) amended, and
(b) and (d) added Nov. 6, 2007.)
Sec. 13. VACANCIES; WRITS OF ELECTION. (a) When vacancies
occur in either House, the Governor, or the person exercising the power of the
Governor, shall issue writs of election to fi ll such vacancies; and should the
Governor fail to issue a writ of election to fi ll any such vacancy within twenty
days after it occurs, the returning offi cer of the district in which such vacancy
may have happened, shall be authorized to order an election for that purpose.
(b) The legislature may provide by general law for the fi lling of a vacancy
in the legislature without an election if only one person qualifi es and declares a
candidacy in an election to fi ll the vacancy. (Amended Nov. 6, 2001.)
Sec. 14. PRIVILEGED FROM ARREST. Senators and Representatives
shall, except in cases of treason, felony, or breach of the peace, be privileged from
arrest during the session of the Legislature, and in going to and returning from the
same. (Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS
for Sec. 14: See Appendix, Note 1.)
12
Art. 3 Sec. 15
Sec. 15. DISRESPECTFUL OR DISORDERLY CONDUCT;
OBSTRUCTION OF PROCEEDINGS. Each House may punish, by
imprisonment, during its sessions, any person not a member, for disrespectful
or disorderly conduct in its presence, or for obstructing any of its proceedings;
provided, such imprisonment shall not, at any one time, exceed forty-eight
hours.
Sec. 16. OPEN SESSIONS. The sessions of each House shall be open,
except the Senate when in Executive session.
Sec. 17. ADJOURNMENTS. Neither House shall, without the consent
of the other, adjourn for more than three days, nor to any other place than that
where the Legislature may be sitting.
Sec. 18. INELIGIBILITY FOR OTHER OFFICES; INTEREST IN
CONTRACTS. No Senator or Representative shall, during the term for which he
was elected, be eligible to (1) any civil offi ce of profi t under this State which shall
have been created, or the emoluments of which may have been increased, during
such term, or (2) any offi ce or place, the appointment to which may be made, in
whole or in part, by either branch of the Legislature; provided, however, the fact
that the term of offi ce of Senators and Representatives does not end precisely on
the last day of December but extends a few days into January of the succeeding
year shall be considered as de minimis, and the ineligibility herein created shall
terminate on the last day in December of the last full calendar year of the term
for which he was elected. No member of either House shall vote for any other
member for any offi ce whatever, which may be fi lled by a vote of the Legislature,
except in such cases as are in this Constitution provided, nor shall any member
of the Legislature be interested, either directly or indirectly, in any contract with
the State, or any county thereof, authorized by any law passed during the term
for which he was elected. (Amended Nov. 5, 1968.)
Sec. 19. INELIGIBILITY OF PERSONS HOLDING OTHER OFFICES.
No judge of any court, Secretary of State, Attorney General, clerk of any court of
record, or any person holding a lucrative offi ce under the United States, or this
State, or any foreign government shall during the term for which he is elected or
appointed, be eligible to the Legislature.
Sec. 20. COLLECTORS OF TAXES; PERSONS ENTRUSTED WITH
PUBLIC MONEY; INELIGIBILITY. No person who at any time may have
been a collector of taxes, or who may have been otherwise entrusted with public
money, shall be eligible to the Legislature, or to any offi ce of profi t or trust
under the State government, until he shall have obtained a discharge for the
amount of such collections, or for all public moneys with which he may have
been entrusted.
Sec. 21. WORDS SPOKEN IN DEBATE. No member shall be questioned
in any other place for words spoken in debate in either House.
Sec. 22. DISCLOSURE OF PRIVATE INTEREST IN MEASURE OR
BILL; NOT TO VOTE. A member who has a personal or private interest in any
measure or bill, proposed, or pending before the Legislature, shall disclose the
fact to the House, of which he is a member, and shall not vote thereon.
13
Art. 3 Sec. 23
Sec. 23. REMOVAL FROM DISTRICT OR COUNTY FROM WHICH
ELECTED. If any Senator or Representative remove his residence from the
district or county for which he was elected, his offi ce shall thereby become vacant,
and the vacancy shall be fi lled as provided in section 13 of this article.
Sec. 23a. (Repealed Nov. 4, 1997.)
Sec. 24. COMPENSATION AND EXPENSES OF MEMBERS OF
LEGISLATURE; DURATION OF SESSIONS. (a) Members of the Legislature
shall receive from the Public Treasury a salary of Six Hundred Dollars ($600) per
month, unless a greater amount is recommended by the Texas Ethics Commission
and approved by the voters of this State in which case the salary is that amount.
Each member shall also receive a per diem set by the Texas Ethics Commission
for each day during each Regular and Special Session of the Legislature.
(b) No Regular Session shall be of longer duration than one hundred and
forty (140) days.
(c) In addition to the per diem the Members of each House shall be entitled
to mileage at the same rate as prescribed by law for employees of the State of
Texas. (Amended Nov. 4, 1930, Nov. 2, 1954, Nov. 8, 1960, April 22, 1975,
and Nov. 5, 1991.)
Sec. 24a. TEXAS ETHICS COMMISSION. (a) The Texas Ethics
Commission is a state agency consisting of the following eight members:
(1) two members of different political parties appointed by the governor
from a list of at least 10 names submitted by the members of the house of
representatives from each political party required by law to hold a primary;
(2) two members of different political parties appointed by the governor
from a list of at least 10 names submitted by the members of the senate from
each political party required by law to hold a primary;
(3) two members of different political parties appointed by the speaker of the
house of representatives from a list of at least 10 names submitted by the members
of the house from each political party required by law to hold a primary; and
(4) two members of different political parties appointed by the lieutenant
governor from a list of at least 10 names submitted by the members of the senate
from each political party required by law to hold a primary.
(b) The governor may reject all names on any list submitted under Subsection
(a)(1) or (2) of this section and require a new list to be submitted. The members
of the commission shall elect annually the chairman of the commission.
(c) With the exception of the initial appointees, commission members serve
for four-year terms. Each appointing offi cial will make one initial appointment
for a two-year term and one initial appointment for a four-year term. A vacancy
on the commission shall be fi lled for the unexpired portion of the term in the
same manner as the original appointment. A member who has served for one
term and any part of a second term is not eligible for reappointment.
(d) The commission has the powers and duties provided by law.
14
Art. 3 Sec. 25
(e) The commission may recommend the salary of the members of the
legislature and may recommend that the salary of the speaker of the house of
representatives and the lieutenant governor be set at an amount higher than that
of other members. The commission shall set the per diem of members of the
legislature and the lieutenant governor, and the per diem shall refl ect reasonable
estimates of costs and may be raised or lowered biennially as necessary to pay
those costs, but the per diem may not exceed during a calendar year the amount
allowed as of January 1 of that year for federal income tax purposes as a deduction
for living expenses incurred in a legislative day by a state legislator in connection
with the legislator’s business as a legislator, disregarding any exception in federal
law for legislators residing near the Capitol.
(f) At each general election for state and county offi cers following a proposed
change in salary, the voters shall approve or disapprove the salary recommended
by the commission if the commission recommends a change in salary. If the
voters disapprove the salary, the salary continues at the amount paid immediately
before disapproval until another amount is recommended by the commission and
approved by the voters. If the voters approve the salary, the approved salary takes
effect January 1 of the next odd-numbered year. (Added Nov. 5, 1991.)
Sec. 25. SENATORIAL DISTRICTS. The State shall be divided into
Senatorial Districts of contiguous territory, and each district shall be entitled to
elect one Senator. (Amended Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 25: See Appendix, Note 3.)
Sec. 26. APPORTIONMENT OF MEMBERS OF HOUSE OF
REPRESENTATIVES. The members of the House of Representatives shall
be apportioned among the several counties, according to the number of population
in each, as nearly as may be, on a ratio obtained by dividing the population of
the State, as ascertained by the most recent United States census, by the number
of members of which the House is composed; provided, that whenever a single
county has suffi cient population to be entitled to a Representative, such county
shall be formed into a separate Representative District, and when two or more
counties are required to make up the ratio of representation, such counties shall
be contiguous to each other; and when any one county has more than suffi cient
population to be entitled to one or more Representatives, such Representative
or Representatives shall be apportioned to such county, and for any surplus of
population it may be joined in a Representative District with any other contiguous
county or counties.
Sec. 26a. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 26a: See Appendix, Note 1.)
Sec. 27. ELECTIONS. Elections for Senators and Representatives shall
be general throughout the State, and shall be regulated by law.
Sec. 28. TIME FOR APPORTIONMENT; APPORTIONMENT BY
LEGISLATIVE REDISTRICTING BOARD. The Legislature shall, at its
fi rst regular session after the publication of each United States decennial census,
apportion the state into senatorial and representative districts, agreeable to the
provisions of Sections 25 and 26 of this Article. In the event the Legislature
shall at any such fi rst regular session following the publication of a United States
15
Art. 3 Sec. 29
decennial census, fail to make such apportionment, same shall be done by the
Legislative Redistricting Board of Texas, which is hereby created, and shall be
composed of fi ve (5) members, as follows: The Lieutenant Governor, the Speaker
of the House of Representatives, the Attorney General, the Comptroller of Public
Accounts and the Commissioner of the General Land Offi ce, a majority of whom
shall constitute a quorum. Said Board shall assemble in the City of Austin within
ninety (90) days after the fi nal adjournment of such regular session. The Board
shall, within sixty (60) days after assembling, apportion the state into senatorial
and representative districts, or into senatorial or representative districts, as the
failure of action of such Legislature may make necessary. Such apportionment
shall be in writing and signed by three (3) or more of the members of the Board
duly acknowledged as the act and deed of such Board, and, when so executed
and fi led with the Secretary of State, shall have force and effect of law. Such
apportionment shall become effective at the next succeeding statewide general
election. The Supreme Court of Texas shall have jurisdiction to compel such
Board to perform its duties in accordance with the provisions of this section by
writ of mandamus or other extraordinary writs conformable to the usages of
law. The Legislature shall provide necessary funds for clerical and technical aid
and for other expenses incidental to the work of the Board, and the Lieutenant
Governor and the Speaker of the House of Representatives shall be entitled
to receive per diem and travel expense during the Board’s session in the same
manner and amount as they would receive while attending a special session of
the Legislature. (Amended Nov. 2, 1948, and Nov. 6, 2001.) (TEMPORARY
TRANSITION PROVISION for Sec. 28: See Appendix, Note 3.)
PROCEEDINGS
Sec. 29. ENACTING CLAUSE OF LAWS. The enacting clause of all laws
shall be: “Be it enacted by the Legislature of the State of Texas.”
Sec. 30. LAWS PASSED BY BILL; AMENDMENTS CHANGING
PURPOSE. No law shall be passed, except by bill, and no bill shall be so
amended in its passage through either House, as to change its original purpose.
Sec. 31. ORIGINATION IN EITHER HOUSE; AMENDMENT. Bills
may originate in either House, and, when passed by such House, may be amended,
altered or rejected by the other.
Sec. 32. READING ON THREE SEVERAL DAYS; SUSPENSION OF
RULE. No bill shall have the force of a law, until it has been read on three several
days in each House, and free discussion allowed thereon; but four-fi fths of the
House, in which the bill may be pending, may suspend this rule, the yeas and
nays being taken on the question of suspension, and entered upon the journals.
(Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for
Sec. 32: See Appendix, Note 1.)
Sec. 33. REVENUE BILLS. All bills for raising revenue shall originate
in the House of Representatives. (Amended Nov. 2, 1999.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 33: See Appendix, Note 1.)
Sec. 34. DEFEATED BILLS AND RESOLUTIONS. After a bill has been
considered and defeated by either House of the Legislature, no bill containing
16
Art. 3 Sec. 35
the same substance, shall be passed into a law during the same session. After
a resolution has been acted on and defeated, no resolution containing the same
substance, shall be considered at the same session.
Sec. 35. SUBJECTS AND TITLES OF BILLS. (a) No bill, (except general
appropriation bills, which may embrace the various subjects and accounts, for
and on account of which moneys are appropriated) shall contain more than one
subject.
(b) The rules of procedure of each house shall require that the subject of
each bill be expressed in its title in a manner that gives the legislature and the
public reasonable notice of that subject. The legislature is solely responsible for
determining compliance with the rule.
(c) A law, including a law enacted before the effective date of this subsection,
may not be held void on the basis of an insuffi cient title. (Subsec. (a) amended
and (b) and (c) added Nov. 4, 1986.)
Sec. 36. REVIVAL OR AMENDMENT BY REFERENCE;
RE-ENACTMENT AND PUBLICATION AT LENGTH. No law shall be
revived or amended by reference to its title; but in such case the act revived, or
the section or sections amended, shall be re-enacted and published at length.
Sec. 37. REFERENCE TO COMMITTEE AND REPORT. No bill
shall be considered, unless it has been fi rst referred to a committee and reported
thereon, and no bill shall be passed which has not been presented and referred to
and reported from a committee at least three days before the fi nal adjournment
of the Legislature.
Sec. 38. SIGNING BILLS AND JOINT RESOLUTIONS; ENTRY ON
JOURNALS. The presiding offi cer of each House shall, in the presence of the
House over which he presides, sign all bills and joint resolutions passed by the
Legislature, after their titles have been publicly read before signing; and the fact
of signing shall be entered on the journals.
Sec. 39. TIME OF TAKING EFFECT OF LAWS; EMERGENCIES;
ENTRY ON JOURNAL. No law passed by the Legislature, except the general
appropriation act, shall take effect or go into force until ninety days after the
adjournment of the session at which it was enacted, unless the Legislature shall,
by a vote of two-thirds of all the members elected to each House, otherwise
direct; said vote to be taken by yeas and nays, and entered upon the journals.
(Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for
Sec. 39: See Appendix, Note 1.)
Sec. 40. SPECIAL SESSIONS; SUBJECTS OF LEGISLATION;
DURATION. When the Legislature shall be convened in special session,
there shall be no legislation upon subjects other than those designated in the
proclamation of the Governor calling such session, or presented to them by the
Governor; and no such session shall be of longer duration than thirty days.
Sec. 41. ELECTIONS BY SENATE AND HOUSE OF
REPRESENTATIVES. In all elections by the Senate and House of
Representatives, jointly or separately, the vote shall be given viva voce, except
in the election of their offi cers.
17
Art. 3 Sec. 42
REQUIREMENTS AND LIMITATIONS
Sec. 42. (Repealed Aug. 5, 1969.)
Sec. 43. REVISION OF LAWS. (a) The Legislature shall provide for
revising, digesting and publishing the laws, civil and criminal; provided, that in
the adoption of and giving effect to any such digest or revision, the Legislature
shall not be limited by sections 35 and 36 of this Article.
(b) In this section, “revision” includes a revision of the statutes on a particular
subject and any enactment having the purpose, declared in the enactment, of
codifying without substantive change statutes that individually relate to different
subjects. (Subsec. (a) amended and (b) added Nov. 4, 1986.)
Sec. 44. COMPENSATION OF PUBLIC OFFICERS, SERVANTS,
AGENTS, AND CONTRACTORS; EXTRA COMPENSATION;
UNAUTHORIZED CLAIMS; UNAUTHORIZED EMPLOYMENT. The
Legislature shall provide by law for the compensation of all offi cers, servants,
agents and public contractors, not provided for in this Constitution, but shall not
grant extra compensation to any offi cer, agent, servant, or public contractors, after
such public service shall have been performed or contract entered into, for the
performance of the same; nor grant, by appropriation or otherwise, any amount
of money out of the Treasury of the State, to any individual, on a claim, real or
pretended, when the same shall not have been provided for by pre-existing law;
nor employ any one in the name of the State, unless authorized by pre-existing
law.
Sec. 45. CHANGE OF VENUE IN CIVIL AND CRIMINAL CASES.
The power to change the venue in civil and criminal cases shall be vested in
the courts, to be exercised in such manner as shall be provided by law; and the
Legislature shall pass laws for that purpose.
Sec. 46. UNIFORMITY IN COLLECTION OF FEES. (a) In this section,
“fee” means a fee in a criminal or civil matter all or a portion of which is required
to be collected by local offi cers, clerks, or other local personnel and remitted to
the comptroller of public accounts for deposit in the manner provided for in the
law imposing the fee.
(b) This section applies only if the legislature enacts by law a program to
consolidate and standardize the collection, deposit, reporting, and remitting of
fees.
(c) A fee imposed by the legislature after the enactment of the program
described by Subsection (b) of this section is valid only if the requirements relating
to its collection, deposit, reporting, and remitting conform to the program.
(d) A fee to which this section applies may take effect on a date before the
next January 1 after the regular session at which the bill adopting the fee was
enacted only if the bill is passed by a record vote of two-thirds of all the members
elected to each house of the legislature on fi nal consideration in each house.
(Added Nov. 6, 2001.)
Sec. 47. LOTTERIES AND GIFT ENTERPRISES; BINGO GAMES.
(a) The Legislature shall pass laws prohibiting lotteries and gift enterprises in this
State other than those authorized by Subsections (b), (d), and (e) of this section.
18
Art. 3 Sec. 48
(b) The Legislature by law may authorize and regulate bingo games
conducted by a church, synagogue, religious society, volunteer fi re department,
nonprofi t veterans organization, fraternal organization, or nonprofi t organization
supporting medical research or treatment programs. A law enacted under this
subsection must permit the qualifi ed voters of any county, justice precinct, or
incorporated city or town to determine from time to time by a majority vote of
the qualifi ed voters voting on the question at an election whether bingo games
may be held in the county, justice precinct, or city or town. The law must also
require that:
(1) all proceeds from the games are spent in Texas for charitable purposes
of the organizations;
(2) the games are limited to one location as defi ned by law on property owned
or leased by the church, synagogue, religious society, volunteer fi re department,
nonprofi t veterans organization, fraternal organization, or nonprofi t organization
supporting medical research or treatment programs; and
(3) the games are conducted, promoted, and administered by members of
the church, synagogue, religious society, volunteer fi re department, nonprofi t
veterans organization, fraternal organization, or nonprofi t organization supporting
medical research or treatment programs.
(c) The law enacted by the Legislature authorizing bingo games must
include:
(1) a requirement that the entities conducting the games report quarterly to
the Comptroller of Public Accounts about the amount of proceeds that the entities
collect from the games and the purposes for which the proceeds are spent; and
(2) criminal or civil penalties to enforce the reporting requirement.
(d) The Legislature by general law may permit charitable raffl es conducted
by a qualifi ed religious society, qualifi ed volunteer fi re department, qualifi ed
volunteer emergency medical service, or qualifi ed nonprofi t organizations under
the terms and conditions imposed by general law.
The law must also require that:
(1) all proceeds from the sale of tickets for the raffl e must be spent for the
charitable purposes of the organizations; and
(2) the charitable raffle is conducted, promoted, and administered
exclusively by members of the qualifi ed religious society, qualifi ed volunteer
fi re department, qualifi ed volunteer emergency medical service, or qualifi ed
nonprofi t organization.
(e) The Legislature by general law may authorize the State to operate lotteries
and may authorize the State to enter into a contract with one or more legal entities
that will operate lotteries on behalf of the State. (Subsec. (a) amended and (b)
and (c) added Nov. 4, 1980; Subsec. (a) amended and (d) added Nov. 7, 1989;
Subsec. (a) amended and (e) added Nov. 5, 1991.)
Sec. 48. (Repealed Aug. 5, 1969.)
Sec. 48a. (Repealed April 22, 1975.)
19
Art. 3 Sec. 48b
Sec. 48b. (Repealed April 22, 1975.)
Sec. 48c. (Blank.)
Sec. 48-d. (Repealed Sept. 13, 2003.)
Sec. 48-e. EMERGENCY SERVICES DISTRICTS. Laws may be enacted
to provide for the establishment and creation of special districts to provide
emergency services and to authorize the commissioners courts of participating
counties to levy a tax on the ad valorem property situated in said districts not to
exceed Ten Cents (10¢) on the One Hundred Dollars ($100.00) valuation for the
support thereof; provided that no tax shall be levied in support of said districts
until approved by a vote of the qualifi ed voters residing therein. Such a district
may provide emergency medical services, emergency ambulance services, rural
fi re prevention and control services, or other emergency services authorized by
the Legislature. (Added Nov. 3, 1987; amended Nov. 2, 1999.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 48-e: See Appendix, Note 1.)
Sec. 48-f. JAIL DISTRICTS. The legislature, by law, may provide for the
creation, operation, and fi nancing of jail districts and may authorize each district
to issue bonds and other obligations and to levy an ad valorem tax on property
located in the district to pay principal of and interest on the bonds and to pay for
operation of the district. An ad valorem tax may not be levied and bonds secured
by a property tax may not be issued until approved by the qualifi ed voters of the
district voting at an election called and held for that purpose. (Added Nov. 3,
1987; amended Nov. 4, 1997, and Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 48-f: See Appendix, Note 1.)
Sec. 49. STATE DEBTS. (a) No debt shall be created by or on behalf of
the State, except:
(1) to supply casual defi ciencies of revenue, not to exceed in the aggregate
at any one time two hundred thousand dollars;
(2) to repel invasion, suppress insurrection, or defend the State in war;
(3) as otherwise authorized by this constitution; or
(4) as authorized by Subsections (b) through (f) of this section.
(b) The legislature, by joint resolution approved by at least two-thirds of
the members of each house, may from time to time call an election and submit
to the eligible voters of this State one or more propositions that, if approved by
a majority of those voting on the question, authorize the legislature to create
State debt for the purposes and subject to the limitations stated in the applicable
proposition. Each election and proposition must conform to the requirements
of Subsections (c) and (d) of this section.
(c) The legislature may call an election during any regular session of the
legislature or during any special session of the legislature in which the subject of
the election is designated in the governor’s proclamation for that special session.
The election may be held on any date, and notice of the election shall be given
for the period and in the manner required for amending this constitution. The
election shall be held in each county in the manner provided by law for other
statewide elections.
20
Art. 3 Sec. 49a
(d) A proposition must clearly describe the amount and purpose for which
debt is to be created and must describe the source of payment for the debt. Except
as provided by law under Subsection (f) of this section, the amount of debt stated
in the proposition may not be exceeded and may not be renewed after the debt has
been created unless the right to exceed or renew is stated in the proposition.
(e) The legislature may enact all laws necessary or appropriate to implement
the authority granted by a proposition that is approved as provided by Subsection
(b) of this section. A law enacted in anticipation of the election is valid if, by its
terms, it is subject to the approval of the related proposition.
(f) State debt that is created or issued as provided by Subsection (b) of this
section may be refunded in the manner and amount and subject to the conditions
provided by law.
(g) State debt that is created or issued as provided by Subsections (b) through
(f) of this section and that is approved by the attorney general in accordance with
applicable law is incontestable for any reason. (Subsec. (a) amended and (b)-(g)
added Nov. 5, 1991.)
Sec. 49a. FINANCIAL STATEMENT AND ESTIMATE BY
COMPTROLLER OF PUBLIC ACCOUNTS; LIMITATION OF
APPROPRIATIONS. (a) It shall be the duty of the Comptroller of Public
Accounts in advance of each Regular Session of the Legislature to prepare and
submit to the Governor and to the Legislature upon its convening a statement
under oath showing fully the fi nancial condition of the State Treasury at the close
of the last fi scal period and an estimate of the probable receipts and disbursements
for the then current fi scal year. There shall also be contained in said statement an
itemized estimate of the anticipated revenue based on the laws then in effect that
will be received by and for the State from all sources showing the fund accounts
to be credited during the succeeding biennium and said statement shall contain
such other information as may be required by law. Supplemental statements shall
be submitted at any Special Session of the Legislature and at such other times as
may be necessary to show probable changes.
(b) Except in the case of emergency and imperative public necessity and
with a four-fi fths vote of the total membership of each House, no appropriation
in excess of the cash and anticipated revenue of the funds from which such
appropriation is to be made shall be valid. No bill containing an appropriation
shall be considered as passed or be sent to the Governor for consideration until and
unless the Comptroller of Public Accounts endorses his certifi cate thereon showing
that the amount appropriated is within the amount estimated to be available in
the affected funds. When the Comptroller fi nds an appropriation bill exceeds
the estimated revenue he shall endorse such fi nding thereon and return to the
House in which same originated. Such information shall be immediately made
known to both the House of Representatives and the Senate and the necessary
steps shall be taken to bring such appropriation to within the revenue, either by
providing additional revenue or reducing the appropriation. (Added Nov. 3, 1942;
amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec.
49a: See Appendix, Note 1.)
21
Art. 3 Sec. 49-b
Sec. 49-b. VETERANS’ LAND BOARD; BOND ISSUES; VETERANS’
LAND FUND; VETERANS’ HOUSING ASSISTANCE FUND; VETERANS’
HOUSING ASSISTANCE FUND II. (a) The Veterans’ Land Board shall be
composed of the Commissioner of the General Land Offi ce and two (2) citizens
of the State of Texas, one (1) of whom shall be well versed in veterans’ affairs and
one (1) of whom shall be well versed in fi nances. One (1) such citizen member
shall, with the advice and consent of the Senate, be appointed biennially by the
Governor to serve for a term of four (4) years. In the event of the resignation or
death of any such citizen member, the Governor shall appoint a replacement to
serve for the unexpired portion of the term to which the deceased or resigning
member had been appointed. The compensation for said citizen members shall be
as is now or may hereafter be fi xed by the Legislature; and each shall make bond
in such amount as is now or may hereafter be prescribed by the Legislature.
(b) The Commissioner of the General Land Offi ce shall act as Chairman of
said Board and shall be the administrator of the Veterans’ Land Program under
such terms and restrictions as are now or may hereafter be provided by law. In
the absence or illness of said Commissioner, the Chief Clerk of the General
Land Offi ce shall be the Acting Chairman of said Board with the same duties
and powers that said Commissioner would have if present.
(c) The Veterans’ Land Board may provide for, issue and sell bonds or
obligations of the State of Texas as authorized by constitutional amendment or by
a debt proposition under Section 49 of this article for the purpose of creating the
Veterans’ Land Fund, the Veterans’ Housing Assistance Fund, and the Veterans’
Housing Assistance Fund II.
(d) Said Veterans’ Land Fund, to the extent of the moneys attributable to
any bonds hereafter issued and sold by said Board may be used by said Board,
as is now or may hereafter be provided by law, for the purpose of paying the
expenses of surveying, monumenting, road construction, legal fees, recordation
fees, advertising and other like costs necessary or incidental to the purchase
and sale, or resale, of any lands purchased with any of the moneys attributable
to such additional bonds, such expenses to be added to the price of such lands
when sold, or resold, by said Board; for the purpose of paying the expenses of
issuing, selling, and delivering any such additional bonds; and for the purpose
of meeting the expenses of paying the interest or principal due or to become due
on any such additional bonds.
(e) For purposes of this section, “veteran” means a person who satisfi es the
defi nition of “veteran” as set forth by the laws of the State of Texas.
(f) The Veterans’ Housing Assistance Fund shall be administered by the
Veterans’ Land Board and shall be used for the purpose of making home mortgage
loans to veterans for housing within the State of Texas in such quantities, on such
terms, at such rates of interest, and under such rules and regulations as may be
authorized by law. The expenses of the board in connection with the issuance of
the bonds for the benefi t of the Veterans’ Housing Assistance Fund and the making
of the loans may be paid from money in the fund. The principal of and interest
on the general obligation bonds authorized by this section for the benefi t of the
Veterans’ Housing Assistance Fund shall be paid out of the money of the fund,
22
Art. 3 Sec. 49-b
but the money of the fund which is not immediately committed to the payment
of principal and interest on such bonds, the making of home mortgage loans as
herein provided, or the payment of expenses as herein provided may be invested
as authorized by law until the money is needed for such purposes.
(g) The Veterans’ Land Fund shall be used by the Veterans’ Land Board
to purchase lands situated in the state owned by the United States government,
an agency of the United States government, this state, a political subdivision or
agency of this state, or a person, fi rm, or corporation.
(h) Lands purchased and comprising a part of the Veterans’ Land Fund are
declared to be held for a governmental purpose, but the individual purchasers
of those lands shall be subject to taxation to the same extent and in the same
manner as are purchasers of lands dedicated to the Permanent Free Public School
Fund. The lands shall be sold to veterans in quantities, on terms, at prices, and
at fi xed, variable, fl oating, or other rates of interest, determined by the Board
and in accordance with rules of the Board. Notwithstanding any provisions of
this section to the contrary, lands in the Veterans’ Land Fund that are offered for
sale to veterans and that are not sold may be sold or resold to the purchasers in
quantities, on terms, at prices, and at rates of interest determined by the Board
and in accordance with rules of the Board.
(i) The expenses of the Board in connection with the issuance of the bonds
for the benefi t of the Veterans’ Land Fund and the purchase and sale of the lands
may be paid from money in the Veterans’ Land Fund.
(j) The Veterans’ Land Fund shall consist of:
(1) lands heretofore or hereafter purchased by the Board;
(2) money attributable to bonds heretofore or hereafter issued and sold by the
Board for the fund, including proceeds from the issuance and sale of the bonds;
(3) money received from the sale or resale of lands or rights in lands
purchased from those proceeds;
(4) money received from the sale or resale of lands or rights in lands
purchased with other money attributable to the bonds;
(5) proceeds derived from the sale or other disposition of the Board’s interest
in contracts for the sale or resale of lands or rights in lands;
(6) interest and penalties received from the sale or resale of lands or rights
in lands;
(7) bonuses, income, rents, royalties, and other pecuniary benefi ts received
by the Board from lands;
(8) money received by way of indemnity or forfeiture for the failure of a
bidder for the purchase of bonds to comply with the bid and accept and pay for
the bonds or for the failure of a bidder for the purchase of lands comprising a
part of the Veterans’ Land Fund to comply with the bid and accept and pay for
the lands;
23
Art. 3 Sec. 49-b
(9) payments received by the Board under a bond enhancement agreement
with respect to the bonds; and
(10) interest received from investments of money in the fund.
(k) The principal of and interest on the general obligation bonds for the
benefi t of the Veterans’ Land Fund, including payments by the Board under a
bond enhancement agreement with respect to principal of or interest on the bonds,
shall be paid out of the money of the Veterans’ Land Fund, but the money in the
fund that is not immediately committed to the payment of principal and interest
on the bonds, the purchase of lands, or the payment of expenses may be invested
as authorized by law until the money is needed for those purposes.
(l) The Veterans’ Housing Assistance Fund II is a separate and distinct fund
from the Veterans’ Housing Assistance Fund. Money in the Veterans’ Housing
Assistance Fund II shall be administered by the Veterans’ Land Board and shall
be used to make home mortgage loans to veterans for housing within this state
in quantities, on terms, and at fi xed, variable, fl oating, or other rates of interest,
determined by the Board and in accordance with rules of the Board. The expenses
of the Board in connection with the issuance of the bonds for the benefi t of the
Veterans’ Housing Assistance Fund II and the making of the loans may be paid
from money in the Veterans’ Housing Assistance Fund II.
(m) The Veterans’ Housing Assistance Fund II shall consist of:
(1) the Board’s interest in home mortgage loans the Board makes to veterans
from money in the fund under the Veterans’ Housing Assistance Program
established by law;
(2) proceeds derived from the sale or other disposition of the Board’s interest
in home mortgage loans;
(3) money attributable to bonds issued and sold by the Board to provide
money for the fund, including the proceeds from the issuance and sale of
bonds;
(4) income, rents, and other pecuniary benefi ts received by the Board as a
result of making loans;
(5) money received by way of indemnity or forfeiture for the failure of a
bidder for the purchase of bonds to comply with the bid and accept and pay for
the bonds;
(6) payments received by the Board under a bond enhancement agreement
with respect to the bonds; and
(7) interest received from investments of money.
(n) The principal of and interest on the general obligation bonds for the
benefi t of the Veterans’ Housing Assistance Fund II, including payments by the
Board under a bond enhancement agreement with respect to principal of or interest
on the bonds, shall be paid out of the money of the Veterans’ Housing Assistance
Fund II, but the money in the fund that is not immediately committed to the
payment of principal and interest on the bonds, the making of home mortgage
24
Art. 3 Sec. 49-b
loans, or the payment of expenses may be invested as authorized by law until the
money is needed for those purposes.
(o) The Veterans’ Housing Assistance Fund shall consist of:
(1) the Board’s interest in home mortgage loans the Board makes to veterans
from money in the fund under the Veterans’ Housing Assistance Program
established by law;
(2) proceeds derived from the sale or other disposition of the Board’s interest
in home mortgage loans;
(3) money attributable to bonds issued and sold by the Board to provide
money for the fund, including proceeds from the issuance and sale of bonds;
(4) income, rents, and other pecuniary benefi ts received by the Board as a
result of making loans;
(5) money received by way of indemnity or forfeiture for the failure of a
bidder for the purchase of bonds to comply with the bid and accept and pay for
the bonds;
(6) payments received by the Board under a bond enhancement agreement
with respect to the bonds; and
(7) interest received from investments of money.
(p) The principal of and interest on the general obligation bonds for the
benefi t of the Veterans’ Housing Assistance Fund, including payments by the
Board under a bond enhancement agreement with respect to principal of or interest
on the bonds, shall be paid out of money in the Veterans’ Housing Assistance
Fund.
(q) If there is not enough money in the Veterans’ Land Fund, the Veterans’
Housing Assistance Fund, or the Veterans’ Housing Assistance Fund II, as the case
may be, available to pay the principal of and interest on the general obligation
bonds benefi ting those funds, including money to make payments by the Board
under a bond enhancement agreement with respect to principal of or interest on
the bonds, there is appropriated out of the fi rst money coming into the treasury in
each fi scal year, not otherwise appropriated by this constitution, an amount that
is suffi cient to pay the principal of and interest on the general obligation bonds
that mature or become due during that fi scal year or to make bond enhancement
payments with respect to those bonds.
(r) Receipts of all kinds of the Veterans’ Land Fund, the Veterans’ Housing
Assistance Fund, or the Veterans’ Housing Assistance Fund II that the Board
determines are not required for the payment of principal of and interest on the
general obligation bonds benefi ting those funds, including payments by the Board
under a bond enhancement agreement with respect to principal of or interest
on the bonds, may be used by the Board, to the extent not inconsistent with the
proceedings authorizing the bonds to:
(1) make temporary transfers to another of those funds to avoid a temporary
cash defi ciency in that fund or make a transfer to another of those funds for the
purposes of that fund;
25
Art. 3 Sec. 49-b
(2) pay the principal of and interest on general obligation bonds issued to
provide money for another of those funds or make bond enhancement payments
with respect to the bonds; or
(3) pay the principal of and interest on revenue bonds of the Board or make
bond enhancement payments with respect to the bonds.
(s) If the Board determines that assets from the Veterans’ Land Fund, the
Veterans’ Housing Assistance Fund, or the Veterans’ Housing Assistance Fund
II are not required for the purposes of the fund, the Board may:
(1) transfer the assets to another of those funds;
(2) use the assets to secure revenue bonds issued by the Board;
(3) use the assets to plan and design, operate, maintain, enlarge, or improve
veterans cemeteries; or
(4) use the assets to plan and design, construct, acquire, own, operate,
maintain, enlarge, improve, furnish, or equip veterans homes.
(t) The revenue bonds shall be special obligations of the Board and payable
only from and secured only by receipts of the funds, assets transferred from the
funds, and other revenues and assets as determined by the Board and shall not
constitute indebtedness of the state or the Veterans’ Land Board. The Board may
issue revenue bonds from time to time, which bonds may not exceed an aggregate
principal amount that the Board determines can be fully retired from the receipts
of the funds, the assets transferred from the funds, and the other revenues and
assets pledged to the retirement of the revenue bonds. Notwithstanding the rate
of interest specifi ed by any other provision of this constitution, revenue bonds
shall bear a rate or rates of interest the Board determines. A determination made
by the Board under this subsection shall be binding and conclusive as to the
matter determined.
(u) The bonds authorized to be issued and sold by the Veterans’ Land Board
shall be issued and sold in forms and denominations, on terms, at times, in the
manner, at places, and in installments the Board determines. The bonds shall bear
a rate or rates of interest the Board determines. The bonds shall be incontestable
after execution by the Board, approval by the Attorney General of Texas, and
delivery to the purchaser or purchasers of the bonds.
(v) This Amendment being intended only to establish a basic framework and
not to be a comprehensive treatment of the Veterans’ Housing Assistance Program
and the Veterans’ Land Program, there is hereby reposed in the Legislature full
power to implement and effectuate the design and objects of this Amendment,
including the power to delegate such duties, responsibilities, functions, and
authority to the Veterans’ Land Board as it believes necessary.
(w) In addition to the general obligation bonds authorized to be issued and
to be sold by the Veterans’ Land Board by previous constitutional amendments,
the Veterans’ Land Board may provide for, issue, and sell general obligation
bonds of the state to provide home mortgage loans to veterans of the state. The
principal amount of outstanding bonds authorized by this subsection may not
at any one time exceed $500 million. The bond proceeds shall be deposited in
or used to benefi t and augment the Veterans’ Housing Assistance Fund II and
26
Art. 3 Sec. 49-c
shall be administered and invested as provided by law. Payments of principal
and interest on the bonds, including payments made under a bond enhancement
agreement with respect to principal of or interest on the bonds, shall be made
from the sources and in the manner provided by this section for general obligation
bonds issued for the benefi t of the Veterans’ Housing Assistance Fund II. (Added
Nov. 7, 1946, amended Nov. 13, 1951, Nov. 6, 1956, Nov. 8, 1960, Nov. 6, 1962,
Nov. 11, 1967, Nov. 6, 1973, Nov. 8, 1977, Nov. 3, 1981, Nov. 5, 1985, and Nov.
5, 1991; Secs. 49-b, 49-b-1, 49-b-2, and 49-b-3 combined, reenacted as Sec. 49-b
and amended Nov. 2, 1999; Subsec. (s) amended and (w) added Nov. 6, 2001;
Subsecs. (r) and (s) amended Sept. 13, 2003.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 49-b: See Appendix, Note 1.)
Sec. 49-c. TEXAS WATER DEVELOPMENT BOARD; BOND ISSUE;
TEXAS WATER DEVELOPMENT FUND. (a) The Texas Water Development
Board, an agency of the State of Texas, shall exercise such powers as necessary
under this provision together with such other duties and restrictions as may be
prescribed by law. The qualifi cations, compensation, and number of members of
said Board shall be determined by law. They shall be appointed by the Governor
with the advice and consent of the Senate in the manner and for such terms as
may be prescribed by law.
(b) The Texas Water Development Board shall have the authority to provide
for, issue and sell general obligation bonds of the State of Texas as authorized
by constitutional amendment or by a debt proposition under Section 49 of this
article. The bonds shall be called “Texas Water Development Bonds,” shall be
executed in such form, denominations and upon such terms as may be prescribed
by law, and may be issued in such installments as the Board fi nds feasible and
practical in accomplishing the purpose set forth herein.
(c) All moneys received from the sale of the bonds shall be deposited in
a fund hereby created in the State Treasury to be known as the Texas Water
Development Fund to be administered (without further appropriation) by the
Texas Water Development Board in such manner as prescribed by law.
(d) Such fund shall be used only for the purpose of aiding or making funds
available upon such terms and conditions as the Legislature may prescribe, to the
various political subdivisions or bodies politic and corporate of the State of Texas
including river authorities, conservation and reclamation districts and districts
created or organized or authorized to be created or organized under Article XVI,
Section 59 or Article III, Section 52, of this Constitution, interstate compact
commissions to which the State of Texas is a party and municipal corporations, in
the conservation and development of the water resources of this State, including
the control, storing and preservation of its storm and fl ood waters and the waters
of its rivers and streams, for all useful and lawful purposes by the acquisition,
improvement, extension, or construction of dams, reservoirs and other water
storage projects, including any system necessary for the transportation of water
from storage to points of treatment and/or distribution, including facilities for
transporting water therefrom to wholesale purchasers, or for any one or more of
such purposes or methods.
27
Art. 3 Sec. 49-d
(e) Any or all fi nancial assistance as provided herein shall be repaid with
interest upon such terms, conditions and manner of repayment as may be provided
by law.
(f) While any of the Texas Water Development Bonds, or any interest on
any of such bonds, is outstanding and unpaid, there is hereby appropriated out
of the fi rst moneys coming into the Treasury in each fi scal year, not otherwise
appropriated by this Constitution, an amount which is suffi cient to pay the
principal and interest on such bonds that mature or become due during such fi scal
year, less the amount in the sinking fund at the close of the prior fi scal year.
(g) The Legislature may provide for the investment of moneys available in
the Texas Water Development Fund, and the interest and sinking funds established
for the payment of bonds issued by the Texas Water Development Board. Income
from such investment shall be used for the purposes prescribed by the Legislature.
The Legislature may also make appropriations from the General Revenue Fund
for paying administrative expenses of the Board.
(h) From the moneys received by the Texas Water Development Board as
repayment of principal for fi nancial assistance or as interest thereon, there shall
be deposited in the interest and sinking fund for the bonds suffi cient moneys
to pay the interest and principal to become due during the ensuing year and
suffi cient to establish and maintain a reserve in said fund equal to the average
annual principal and interest requirements on all outstanding bonds. If any year
moneys are received in excess of the foregoing requirements then such excess
shall be deposited to the Texas Water Development Fund, and may be used for
administrative expenses of the Board and for the same purposes and upon the
same terms and conditions prescribed for the proceeds derived from the sale of
such State bonds.
(i) All Texas Water Development Bonds shall after approval by the Attorney
General, registration by the Comptroller of Public Accounts of the State of Texas,
and delivery to the purchasers, be incontestable and shall constitute general
obligations of the State of Texas under the Constitution of Texas. (Added Nov. 5,
1957; amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS
for Sec. 49-c: See Appendix, Note 1.)
Sec. 49-d. ACQUISITION AND DEVELOPMENT OF WATER
STORAGE FACILITIES; FILTRATION, TREATMENT, AND
TRANSPORTATION OF WATER; ENLARGEMENT OF RESERVOIRS.
(a) It is hereby declared to be the policy of the State of Texas to encourage the
optimum development of the limited number of feasible sites available for the
construction or enlargement of dams and reservoirs for conservation of the
public waters of the state, which waters are held in trust for the use and benefi t
of the public, and to encourage the optimum regional development of systems
built for the fi ltration, treatment, and transmission of water and wastewater. The
proceeds from the sale of bonds deposited in the Texas Water Development Fund
may be used by the Texas Water Development Board, under such provisions as
the Legislature may prescribe by General Law, including the requirement of a
permit for storage or benefi cial use, for the additional purposes of acquiring and
developing storage facilities, and any system or works necessary for the fi ltration,
28
Art. 3 Sec. 49-d
treatment and transportation of water or waste water, or for any one or more of
such purposes or methods, whether or not such a system or works is connected
with a reservoir in which the state has a fi nancial interest; provided, however,
the Texas Water Development Fund or any other state fund provided for water
development, transmission, transfer or fi ltration shall not be used to fi nance any
project which contemplates or results in the removal from the basin of origin of
any surface water necessary to supply the reasonably foreseeable future water
requirements for the next ensuing fi fty-year period within the river basin of origin,
except on a temporary, interim basis.
(b) Under such provisions as the Legislature may prescribe by General
Law the Texas Water Development Fund may be used for the conservation and
development of water for useful purposes by construction or reconstruction or
enlargement of reservoirs constructed or to be constructed or enlarged within the
State of Texas or on any stream constituting a boundary of the State of Texas,
together with any system or works necessary for the fi ltration, treatment and/or
transportation of water, by any one or more of the following governmental
agencies: by the United States of America or any agency, department or
instrumentality thereof; by the State of Texas or any agency, department or
instrumentality thereof; by political subdivisions or bodies politic and corporate
of the state; by interstate compact commissions to which the State of Texas is a
party; and by municipal corporations. The Legislature shall provide terms and
conditions under which the Texas Water Development Board may sell, transfer
or lease, in whole or in part, any reservoir and associated system or works which
the Texas Water Development Board has fi nanced in whole or in part.
(c) Under such provisions as the Legislature may prescribe by General Law,
the Texas Water Development Board may also execute long-term contracts with
the United States or any of its agencies for the acquisition and development of
storage facilities in reservoirs constructed or to be constructed by the Federal
Government. Such contracts when executed shall constitute general obligations
of the State of Texas in the same manner and with the same effect as state bonds
issued under the authority of Section 49-c of this article, and the provisions of
Section 49-c of this article with respect to payment of principal and interest on
state bonds issued shall likewise apply with respect to payment of principal and
interest required to be paid by such contracts. If storage facilities are acquired
for a term of years, such contracts shall contain provisions for renewal that will
protect the state’s investment.
(d) The Legislature shall provide terms and conditions for the Texas Water
Development Board to sell, transfer or lease, in whole or in part, any acquired
facilities or the right to use such facilities at a price not less than the direct cost
of the Board in acquiring same; and the Legislature may provide terms and
conditions for the Board to sell any unappropriated public waters of the state
that might be stored in such facilities. As a prerequisite to the purchase of such
storage or water, the applicant therefor shall have secured a valid permit from the
state authorizing the acquisition of such storage facilities or the water impounded
therein. The money received from any sale, transfer or lease of facilities shall be
used to pay principal and interest on state bonds issued or contractual obligations
incurred by the Texas Water Development Board, provided that when moneys
29
Art. 3 Sec. 49-d-1
are suffi cient to pay the full amount of indebtedness then outstanding and the
full amount of interest to accrue thereon, any further sums received from the
sale, transfer or lease of such facilities shall be deposited and used as provided
by law. Money received from the sale of water, which shall include standby
service, may be used for the operation and maintenance of acquired facilities,
and for the payment of principal and interest on debt incurred. (Added Nov. 6,
1962; amended Nov. 8, 1966, Nov. 5, 1985, and Nov. 2, 1999.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 49-d: See Appendix, Note 1.)
Sec. 49-d-1. ADDITIONAL TEXAS WATER DEVELOPMENT BONDS.
(a) The Texas Water Development Board may issue Texas Water Development
Bonds as authorized by constitutional amendment or by a debt proposition
under Section 49 of this article to provide grants, loans, or any combination of
grants and loans for water quality enhancement purposes as established by the
Legislature to political subdivisions or bodies politic and corporate of the State
of Texas, including municipal corporations, river authorities, conservation and
reclamation districts, and districts created or organized or authorized to be created
or organized under Article XVI, Section 59, or Article III, Section 52, of this
Constitution, State agencies, and interstate agencies and compact commissions
to which the State of Texas is a party, and upon such terms and conditions as the
Legislature may authorize by general law. The bonds shall be issued for such
terms, in such denominations, form and installments, and upon such conditions
as the Legislature may authorize.
(b) The Texas Water Development Fund shall be used for the purposes
heretofore permitted by, and subject to the limitations in this Section and Sections
49-c and 49-d; provided, however, that the fi nancial assistance may be made
subject only to the availability of funds. (Added May 18, 1971; Subsec. (a)
amended Nov. 2, 1976; Subsec. (a) amended, Subsecs. (b) and (c) deleted, Subsec.
(d) amended and redesignated Subsec. (b), and Subsecs. (e) and (f) deleted Nov.
2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 49-d-1: See
Appendix, Note 1.)
Sec. 49-d-2. ADDITIONAL BONDING AUTHORITY OF TEXAS
WATER DEVELOPMENT BOARD; DEDICATED USE OF SOME
PROCEEDS. The Texas Water Development Board may issue Texas Water
Development Bonds for flood control projects and for any acquisition or
construction necessary to achieve structural and nonstructural fl ood control
purposes. (Added Nov. 5, 1985; Subsec. (a) amended and Subsecs. (b)-(e) deleted
Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 49-d-2:
See Appendix, Note 1.)
Sec. 49-d-3. CREATION AND USE OF SPECIAL FUNDS FOR WATER
PROJECTS. (a) The legislature by law may create one or more special funds in
the state treasury for use for or in aid of water conservation, water development,
water quality enhancement, fl ood control, drainage, subsidence control, recharge,
chloride control, agricultural soil and water conservation, desalinization or any
combination of those purposes, may make money in a special fund available to
cities, counties, special governmental districts and authorities, and other political
subdivisions of the state for use for the purposes for which the fund was created
30
Art. 3 Sec. 49-d-4
by grants, loans, or any other means, and may appropriate money to any of the
special funds to carry out the purposes of this section.
(b) Money deposited in a special fund created under this section may not
be used to fi nance or aid any project that contemplates or results in the removal
from the basin of origin of any surface water necessary to supply the reasonably
foreseeable water requirements for the next ensuing 50-year period within the river
basin of origin, except on a temporary, interim basis. (Added Nov. 5, 1985.)
Sec. 49-d-4. BOND INSURANCE PROGRAM FOR WATER PROJECTS.
(a) In addition to other programs authorized by this constitution, the legislature by
law may provide for the creation, administration, and implementation of a bond
insurance program to which the state pledges its general credit in an amount not
to exceed $250 million to insure the payment in whole or in part of the principal
of and interest on bonds or other obligations that are issued by cities, counties,
special governmental districts and authorities, and other political subdivisions
of the state as defi ned by law for use for or in aid of water conservation, water
development, water quality enhancement, fl ood control, drainage, recharge,
chloride control, desalinization, or any combination of those purposes.
(b) The legislature by law shall designate the state agency to administer the
bond insurance program and may authorize that agency to execute insurance
contracts that bind the state to pay the principal of and interest on the bonds if
the bonds are in default or the bonds are subject to impending default, subject to
the limits provided by this section and by law.
(c) The payment by the state of any insurance commitment made under this
section must be made from the fi rst money coming into the state treasury that is
not otherwise dedicated by this constitution.
(d) Notwithstanding the total amount of bonds insured under this section,
the total amount paid and not recovered by the state under this section, excluding
the costs of administration, may not exceed $250 million.
(e) Except on a two-thirds vote of the members elected to each house of
the legislature, the ratio of bonds insured to the total liability of the state must
be two to one.
(f) Except on a two-thirds vote of the members elected to each house of the
legislature, the state agency administering the bond insurance program may not
authorize bond insurance coverage under the program in any state fi scal year that
exceeds a total of $100 million.
(g) Unless authorized to continue by a two-thirds vote of the members
elected to each house, this section and the bond insurance program authorized
by this section expire on the sixth anniversary of the date on which this section
becomes a part of the constitution. However, bond insurance issued before the
expiration of this section and the program is not affected by the expiration of
this section and the program and remains in effect according to its terms, and
the state is required to fulfi ll all of the terms of that previously issued insurance.
(Added Nov. 5, 1985.)
Sec. 49-d-5. EXTENSION OF BENEFITS TO NONPROFIT WATER
SUPPLY CORPORATIONS. For the purpose of any program established or
31
Art. 3 Sec. 49-d-6
authorized by this article and administered by the Texas Water Development
Board, the legislature by law may extend any benefi ts to nonprofi t water supply
corporations that it may extend to a district created or organized under Article
XVI, Section 59, of this constitution. (Added Nov. 5, 1985; amended Nov. 2,
1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 49-d-5: See
Appendix, Note 1.)
Sec. 49-d-6. ADDITIONAL TEXAS WATER DEVELOPMENT BONDS;
USE OF BONDS; REVIEW AND APPROVAL. The legislature may require
review and approval of the issuance of Texas Water Development Bonds, 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. (Added Nov. 3, 1987; Subsecs. (a), (c), and (d)
deleted and Subsec. (b) amended Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 49-d-6: See Appendix, Note 1.)
Sec. 49-d-7. ADDITIONAL TEXAS WATER DEVELOPMENT
BONDS; USE OF BONDS AND PROCEEDS; REVIEW AND APPROVAL.
(a) The Texas Water Development Board may use the proceeds of Texas water
development bonds issued for the purposes provided by Section 49-c of this
article for the additional purpose of providing fi nancial assistance, on terms and
conditions provided by law, to various political subdivisions and bodies politic
and corporate of the state and to nonprofi t water supply corporations to provide
for acquisition, improvement, extension, or construction of water supply projects
that involve the distribution of water to points of delivery to wholesale or retail
customers.
(b) The legislature may provide by law for subsidized loans and grants from
the proceeds of Texas water development bonds to provide wholesale and retail
water and wastewater facilities to economically distressed areas of the state
as defi ned by law, provided, the principal amount of bonds that may be issued
for the purposes under this subsection may not exceed $250 million. Separate
accounts shall be established in the water development fund for administering
the proceeds of bonds issued for purposes under this subsection, and an interest
and sinking fund separate from and not subject to the limitations of the interest
and sinking fund created for other Texas water development bonds is established
in the State Treasury to be used for paying the principal of and interest on bonds
for the purposes of this subsection. While any of the bonds authorized for the
purposes of this subsection or any of the interest on those bonds is outstanding
and unpaid, there is appropriated out of the fi rst money coming into the State
Treasury in each fi scal year, not otherwise appropriated by this constitution, an
amount that is suffi cient to pay the principal of and interest on those bonds issued
for the purposes under this subsection that mature or become due during that
fi scal year. (Added Nov. 7, 1989; Subsec. (e) amended Nov. 5, 1991; Subsec.
(a) deleted, Subsec. (b) redesignated Subsec. (a), Subsecs. (c) and (d) deleted,
Subsec. (e) amended and redesignated Subsec. (b), and Subsec. (f) deleted
Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 49-d-7:
See Appendix, Note 1.)
32
Art. 3 Sec. 49-d-8
Sec. 49-d-8. TEXAS WATER DEVELOPMENT FUND II. (a) The Texas
Water Development Fund II is in the state treasury as a fund separate and distinct
from the Texas Water Development Fund established under Section 49-c of this
article. Money in the Texas Water Development Fund II shall be administered
without further appropriation by the Texas Water Development Board and shall
be used for any one or more of the purposes currently or formerly authorized by
Sections 49-c, 49-d, 49-d-1, 49-d-2, 49-d-5, 49-d-6, and 49-d-7 of this article,
as determined by the Texas Water Development Board. Separate accounts
shall be established in the Texas Water Development Fund II for administering
proceedings related to the purposes described in Section 49-d of this article, the
purposes described in Subsection (b) of Section 49-d-7 of this article, and all other
authorized purposes. The Texas Water Development Board is hereby authorized,
at its determination, to issue general obligation bonds for one or more accounts
of the Texas Water Development Fund II in an aggregate principal amount equal
to the amount of bonds previously authorized pursuant to former Section 49-d-6
and Sections 49-d-2 and 49-d-7 of this article less the amount of bonds issued
pursuant to those sections to augment the Texas Water Development Fund and
the amount of bonds issued to augment the Texas Water Development Fund II.
Nothing in this section, however, shall grant to the Texas Water Development
Board the authority to issue bonds in excess of the total amount of those previously
authorized bonds or to issue bonds for purposes described in Subsection (b) of
Section 49-d-7 of this article in excess of $250 million. The expenses of the
Texas Water Development Board in connection with the issuance of bonds for
an account of the Texas Water Development Fund II and administration of such
account may be paid from money in such account.
(b) The Texas Water Development Board is hereby authorized, at its
determination, to issue general obligation bonds for one or more accounts of
the Texas Water Development Fund II in order to refund outstanding bonds
previously issued to augment the Texas Water Development Fund, as long as
the principal amount of the refunding bonds does not exceed the outstanding
principal amount of the refunded bonds, and to refund the general obligation
of the State of Texas under long-term contracts entered into by the Texas Water
Development Board with the United States or any of its agencies under authority
granted by Section 49-d of this article, as long as the principal amount of the
refunding bonds does not exceed the principal amount of the contractual obligation
of the Texas Water Development Board. Money and assets in the Texas Water
Development Fund attributable to such refunding bonds shall be transferred to
the appropriate account of the Texas Water Development Fund II, as determined
by the Texas Water Development Board, to the extent not inconsistent with the
proceedings authorizing any outstanding bonds issued to augment the Texas Water
Development Fund and the terms of any long-term contracts entered into by the
Texas Water Development Board with the United States or any of its agencies.
In addition, the Texas Water Development Board may transfer other moneys and
assets in the Texas Water Development Fund to the appropriate account of the
Texas Water Development Fund II, as determined by the Texas Water Development
Board, without the necessity of issuing refunding bonds to effect the transfer,
to the extent not inconsistent with the proceedings authorizing any outstanding
bonds issued to augment the Texas Water Development Fund. Further, at such
33
Art. 3 Sec. 49-d-8
time as all bonds issued to augment the Texas Water Development Fund and all
such contractual obligations have been paid or otherwise discharged, all money
and assets in the Texas Water Development Fund shall be transferred to the credit
of the Texas Water Development Fund II and deposited to the accounts therein,
as determined by the Texas Water Development Board.
(c) Subject to the limitations set forth in Section 49-d of this article, the
legislature shall provide terms and conditions under which the Texas Water
Development Board may sell, transfer, or lease, in whole or in part, facilities
held for the account established within the Texas Water Development Fund II for
administering proceedings related to the purposes described in Section 49-d of
this article, and the legislature may provide terms and conditions under which the
Texas Water Development Board may sell any unappropriated public waters of the
state that may be stored in such facilities. Money received from any sale, transfer,
or lease of such facilities or water shall be credited to the account established
within the Texas Water Development Fund II for the purpose of administering
proceedings related to the purposes described in Section 49-d of this article.
(d) Each account of the Texas Water Development Fund II shall consist
of:
(1) the Texas Water Development Board’s rights to receive repayment of
fi nancial assistance provided from such account, together with any evidence of
such rights;
(2) money received from the sale or other disposition of the Texas Water
Development Board’s rights to receive repayment of such fi nancial assistance;
(3) money received as repayment of such fi nancial assistance;
(4) money and assets attributable to bonds issued and sold by the Texas Water
Development Board for such account, including money and assets transferred
from the Texas Water Development Fund pursuant to this section;
(5) money deposited in such account pursuant to Subsection (c) of this
section;
(6) payments received by the Texas Water Development Board under a bond
enhancement agreement as authorized by law with respect to bonds issued for
such account; and
(7) interest and other income received from investment of money in such
account.
(e) Notwithstanding the other provisions of this article, the principal of and
interest on the general obligation bonds issued for an account of the Texas Water
Development Fund II, including payments by the Texas Water Development
Board under a bond enhancement agreement as authorized by law with respect
to principal of or interest on such bonds, shall be paid out of such account, but
the money in such account that is not immediately committed to the purposes
of such account or the payment of expenses may be invested as authorized by
law until the money is needed for those purposes. If there is not enough money
in any account available to pay the principal of and interest on the general
obligation bonds issued for such account, including money to make payments
34
Art. 3 Sec. 49-d-9
by the Texas Water Development Board under a bond enhancement agreement as
authorized by law with respect to principal of or interest on such bonds, there is
appropriated out of the fi rst money coming into the state treasury in each fi scal
year not otherwise appropriated by this constitution an amount that is suffi cient
to pay the principal of and interest on such general obligation bonds that mature
or become due during that fi scal year or to make bond enhancement payments
with respect to those bonds.
(f) The general obligation bonds authorized by this section may be issued
as bonds, notes, or other obligations as permitted by law and shall be sold in
forms and denominations, on terms, at times, in the manner, at places, and in
installments, all as determined by the Texas Water Development Board. The
bonds shall bear a rate or rates of interest the Texas Water Development Board
determines. The bonds authorized by this section shall be incontestable after
execution by the Texas Water Development Board, approval by the attorney
general, and delivery to the purchaser or purchasers of the bonds.
(g) This section being intended only to establish a basic framework and not
to be a comprehensive treatment of the Texas Water Development Fund II, there
is hereby reposed in the legislature full power to implement and effectuate the
design and objects of this section, including the power to delegate such duties,
responsibilities, functions, and authority to the Texas Water Development Board
as it believes necessary.
(h) The Texas Water Development Fund II, including any account in that
fund, may not be used to fi nance or aid any project that contemplates or results
in the removal from the basin of origin of any surface water necessary to supply
the reasonably foreseeable future water requirements for the next ensuing
50-year period within the river basin of origin, except on a temporary, interim
basis. (Added Nov. 4, 1997; Subsecs. (a), (b), and (e) amended Nov. 2, 1999.)
(TEMPORARY TRANSITION PROVISIONS for Sec. 49-d-8: See Appendix,
Note 1.)
Sec. 49-d-9. ISSUANCE OF ADDITIONAL GENERAL OBLIGATION
BONDS. (a) The Texas Water Development Board may issue additional general
obligation bonds, at its determination, for one or more accounts of the Texas Water
Development Fund II, in an amount not to exceed $2 billion. Of the additional
general obligation bonds authorized to be issued, $50 million of those bonds shall
be used for the water infrastructure fund as provided by law.
(b) Section 49-d-8 of this article applies to the bonds authorized by this
section. The limitation in Section 49-d-8 of this article that the Texas Water
Development Board may not issue bonds in excess of the aggregate principal
amount of previously authorized bonds does not apply to the bonds authorized
by and issued under this section.
(c) A limitation on the percentage of state participation in any single project
imposed by this article does not apply to a project funded with the proceeds of
bonds issued under the authority of Section 49-d-8 of this article or this section.
(Added Nov. 6, 2001.)
35
Art. 3 Sec. 49-d-10
Sec. 49-d-10. BONDS TO FUND ADDITIONAL FINANCIAL
ASSISTANCE TO ECONOMICALLY DISTRESSED AREAS. (a) The
Texas Water Development Board may issue additional general obligation bonds,
at its determination, for the economically distressed areas program account of
the Texas Water Development Fund II, in an amount not to exceed $250 million.
The bonds shall be used to provide fi nancial assistance to economically distressed
areas of the state as defi ned by law.
(b) Section 49-d-8(e) of this article applies to the bonds authorized by this
section. (Added Nov. 6, 2007.)
Sec. 49-e. TEXAS PARK DEVELOPMENT FUND. (a) The Parks and
Wildlife Department, or its successor vested with the powers, duties, and authority
which deals with the operation, maintenance, and improvement of State Parks,
shall have the authority to provide for, issue and sell general obligation bonds of
the State of Texas in an amount authorized by constitutional amendment or by a
debt proposition under Section 49 of this article. The bonds shall be called “Texas
Park Development Bonds,” shall be executed in such form, denominations, and
upon such terms as may be prescribed by law, shall bear a rate or rates of interest
as may be fi xed by the Parks and Wildlife Department or its successor, not to
exceed the maximum prescribed by Section 65 of this article, and may be issued
in such installments as said Parks and Wildlife Department, or its said successor,
fi nds feasible and practical in accomplishing the purpose set forth herein.
(b) All moneys received from the sale of said bonds shall be deposited in
a fund hereby created with the Comptroller of Public Accounts of the State of
Texas to be known as the Texas Park Development Fund to be administered
(without further appropriation) by the said Parks and Wildlife Department, or
its said successor, in such manner as prescribed by law.
(c) Such fund shall be used by said Parks and Wildlife Department, or its said
successor, under such provisions as the Legislature may prescribe by general law,
for the purposes of acquiring lands from the United States, or any governmental
agency thereof, from any governmental agency of the State of Texas, or from
any person, fi rm, or corporation, for State Park Sites and for developing said
sites as State Parks.
(d) While any of the bonds, or any interest on any such bonds, is outstanding
and unpaid, there is hereby appropriated out of the fi rst moneys coming into the
Treasury in each fi scal year, not otherwise appropriated by this Constitution, an
amount which is suffi cient to pay the principal and interest on such bonds that
mature or become due during such fi scal year, less the amount in the interest
and sinking fund at the close of the prior fi scal year, which includes any receipts
derived during the prior fi scal year by said Parks and Wildlife Department, or its
said successor, from admission charges to State Parks, as the Legislature may
prescribe by general law.
(e) The Legislature may provide for the investment of moneys available in
the Texas Park Development Fund and the interest and sinking fund established
for the payment of bonds issued by said Parks and Wildlife Department, or its
said successor. Income from such investment shall be used for the purposes
prescribed by the Legislature.
36
Art. 3 Sec. 49-f
(f) From the moneys received by said Parks and Wildlife Department, or
its said successor, from the sale of the bonds issued hereunder, there shall be
deposited in the interest and sinking fund for the bonds authorized by this section
suffi cient moneys to pay the interest to become due during the State fi scal year
in which the bonds were issued. After all bonds have been fully paid with
interest, or after there are on deposit in the interest and sinking fund suffi cient
moneys to pay all future maturities of principal and interest, additional moneys
received from admission charges to State Parks shall be deposited to the State
Parks Fund, or any successor fund which may be established by the Legislature
as a depository for Park revenue earned by said Parks and Wildlife Department,
or its said successor.
(g) All bonds issued hereunder shall after approval by the Attorney General,
registration by the Comptroller of Public Accounts of the State of Texas, and
delivery to the purchasers, be incontestable and shall constitute general obligations
of the State of Texas under the Constitution of Texas. (Added Nov. 11, 1967;
amended Nov. 7, 1995, and Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 49-e: See Appendix, Note 1.)
Sec. 49-f. BONDS TO FUND FINANCIAL ASSISTANCE TO
PURCHASE FARM AND RANCH LAND. (a) The legislature by general law
may provide for the issuance of general obligation bonds of the state, the proceeds
of which shall be used to make loans and provide other fi nancing assistance for
the purchase of farm and ranch land.
(b) Except as provided by Subsection (g) of this section, all money received
from the sale of the bonds shall be deposited in a fund created with the comptroller
of public accounts to be known as the farm and ranch fi nance program fund. This
fund shall be administered by the Texas Agricultural Finance Authority in the
manner prescribed by law.
(c) Section 65(b) of this article applies to the payment of interest on the
bonds.
(d) The principal amount of bonds outstanding at one time may not exceed
$500 million.
(e) While any of the bonds authorized by this section or any interest on those
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 an amount that is suffi cient to pay the principal and interest on the
bonds that mature or become due during the fi scal year less the amount in the
interest and sinking fund at the close of the prior fi scal year.
(f) The bonds shall be approved by the attorney general and registered with
the comptroller of public accounts. The bonds, when approved and registered,
are general obligations of the state and are incontestable.
(g) Notwithstanding Subsection (a) of this section, the proceeds of $200
million of the bonds authorized by this section may be used for the purposes
provided by Section 49-i of this article and for other rural economic development
programs, and the proceeds of bonds issued for those purposes under this
subsection shall be deposited in the Texas agricultural fund, to be administered in
37
Art. 3 Sec. 49-g
the same manner that proceeds of bonds issued under Section 49-i of this article
are administered. (Subsecs. (a)-(f) added Nov. 5, 1985; Subsec. (b) amended
and (g) added Nov. 7, 1995.)
Sec. 49-g. SUPERCONDUCTING SUPER COLLIDER FUND. (Added
by Acts 1987, 70th Leg., R.S., H.J.R. 88; amended Nov. 7, 1995; repealed Nov. 4,
1997.)
Sec. 49-g. ECONOMIC STABILIZATION FUND. (Text of section as
added by Acts 1987, 70th Leg., R.S., H.J.R. 2.) (a) The economic stabilization
fund is established as a special fund in the state treasury.
(b) The comptroller shall, not later than the 90th day of each biennium,
transfer to the economic stabilization fund one-half of any unencumbered
positive balance of general revenues on the last day of the preceding biennium.
If necessary, the comptroller shall reduce the amount transferred in proportion
to the other amounts prescribed by this section to prevent the amount in the
fund from exceeding the limit in effect for that biennium under Subsection (g)
of this section.
(c) Not later than the 90th day of each fi scal year, the comptroller of public
accounts shall transfer from general revenue to the economic stabilization fund
the amounts prescribed by Subsections (d) and (e) of this section. However, if
necessary, the comptroller shall reduce proportionately the amounts transferred
to prevent the amount in the fund from exceeding the limit in effect for that
biennium under Subsection (g) of this section.
(d) If in the preceding year the state received from oil production taxes a
net amount greater than the net amount of oil production taxes received by the
state in the fi scal year ending August 31, 1987, the comptroller shall transfer to
the economic stabilization fund an amount equal to 75 percent of the difference
between those amounts. The comptroller shall retain the remaining 25 percent of
the difference as general revenue. In computing the net amount of oil production
taxes received, the comptroller may not consider refunds paid as a result of oil
overcharge litigation.
(e) If in the preceding year the state received from gas production taxes a
net amount greater than the net amount of gas production taxes received by the
state in the fi scal year ending August 31, 1987, the comptroller shall transfer to
the economic stabilization fund an amount equal to 75 percent of the difference
between those amounts. The comptroller shall retain the remaining 25 percent
of the difference as general revenue. For the purposes of this subsection, the
comptroller shall adjust his computation of revenues to refl ect only 12 months
of collection.
(f) The legislature may appropriate additional amounts to the economic
stabilization fund.
(g) During each fi scal biennium, the amount in the economic stabilization
fund may not exceed an amount equal to 10 percent of the total amount, excluding
investment income, interest income, and amounts borrowed from special funds,
deposited in general revenue during the preceding biennium.
38
Art. 3 Sec. 49-g
(h) In preparing an estimate of anticipated revenues for a succeeding
biennium as required by Article III, Section 49a, of this constitution, the
comptroller shall estimate the amount of the transfers that will be made under
Subsections (b), (d), and (e) of this section. The comptroller shall deduct that
amount from the estimate of anticipated revenues as if the transfers were made
on August 31 of that fi scal year.
(i) The comptroller shall credit to general revenue interest due to the
economic stabilization fund that would result in an amount in the economic
stabilization fund that exceeds the limit in effect under Subsection (g) of this
section.
(j) The comptroller may transfer money from the economic stabilization fund
to general revenue to prevent or eliminate a temporary cash defi ciency in general
revenue. The comptroller shall return the amount transferred to the economic
stabilization fund as soon as practicable, but not later than August 31 of each
odd-numbered year. The comptroller shall allocate the depository interest as if
the transfers had not been made. If the comptroller submits a statement to the
governor and the legislature under Article III, Section 49a, of this constitution
when money from the economic stabilization fund is in general revenue, the
comptroller shall state that the transferred money is not available for appropriation
from general revenue.
(k) Amounts from the economic stabilization fund may be appropriated
during a regular legislative session only for a purpose for which an appropriation
from general revenue was made by the preceding legislature and may be
appropriated in a special session only for a purpose for which an appropriation
from general revenue was made in a preceding legislative session of the same
legislature. An appropriation from the economic stabilization fund may be made
only if the comptroller certifi es that appropriations from general revenue made
by the preceding legislature for the current biennium exceed available general
revenues and cash balances for the remainder of that biennium. The amount of an
appropriation from the economic stabilization fund may not exceed the difference
between the comptroller’s estimate of general revenue for the current biennium at
the time the comptroller receives for certifi cation the bill making the appropriation
and the amount of general revenue appropriations for that biennium previously
certifi ed by the comptroller. Appropriations from the economic stabilization fund
under this subsection may not extend beyond the last day of the current biennium.
An appropriation from the economic stabilization fund must be approved by a
three-fi fths vote of the members present in each house of the legislature.
(l) If an estimate of anticipated revenues for a succeeding biennium prepared
by the comptroller pursuant to Article III, Section 49a, of this constitution is
less than the revenues that are estimated at the same time by the comptroller to
be available for the current biennium, the legislature may, by a three-fi fths vote
of the members present in each house, appropriate for the succeeding biennium
from the economic stabilization fund an amount not to exceed this difference.
Following each fi scal year, the actual amount of revenue shall be computed, and
if the estimated difference exceeds the actual difference, the comptroller shall
transfer the amount necessary from general revenue to the economic stabilization
39
Art. 3 Sec. 49-h
fund so that the actual difference shall not be exceeded. If all or a portion of
the difference in revenue from one biennium to the next results, at least in part,
from a change in a tax rate or base adopted by the legislature, the computation of
revenue difference shall be adjusted to the amount that would have been available
had the rate or base not been changed.
(m) In addition to the appropriation authority provided by Subsections (k)
and (l) of this section, the legislature may, by a two-thirds vote of the members
present in each house, appropriate amounts from the economic stabilization fund
at any time and for any purpose.
(n) Money appropriated from the economic stabilization fund is subject
to being withheld or transferred, within any limits provided by statute, by any
person or entity authorized to exercise the power granted by Article XVI, Section
69, of this constitution.
(o) In this section, “net” means the amount of money that is equal to the
difference between gross collections and refunds before the comptroller allocates
the receipts as provided by law. (Added Nov. 8, 1988.)
(p) (Subsec. (p) added Nov. 8, 1988, and expired Sept. 2, 1989.) (Subsecs.
(i) and (j) amended Nov. 7, 1995.)
Sec. 49-h. BOND ISSUES FOR FACILITIES OF CORRECTIONAL
INSTITUTIONS, STATEWIDE LAW ENFORCEMENT FACILITIES, AND
MENTAL HEALTH AND MENTAL RETARDATION INSTITUTIONS.
(a) In amounts authorized by constitutional amendment or by a debt proposition
under Section 49 of this article, the legislature may provide for the issuance
of general obligation bonds and the use of the bond proceeds for acquiring,
constructing, or equipping new facilities or for major repair or renovation
of existing facilities of corrections institutions, including youth corrections
institutions, and mental health and mental retardation institutions. The legislature
may require the review and approval of the issuance of the bonds and the projects
to be fi nanced by the bond proceeds. Notwithstanding any other provision of this
constitution, the issuer of the bonds or any entity created or directed to review
and approve projects may include members or appointees of members of the
executive, legislative, and judicial departments of state government.
(b) Bonds issued 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 sinking fund at the end of the preceding
fi scal year that is pledged to payment of the bonds or interest.
(c) In addition to the purposes authorized under Subsection (a), the legislature
may authorize the issuance of the general obligation bonds for acquiring,
constructing, or equipping:
(1) new statewide law enforcement facilities and for major repair or
renovation of existing facilities; and
40
Art. 3 Sec. 49-i
(2) new prisons and substance abuse felony punishment facilities to confi ne
criminals and major repair or renovation of existing facilities of those institutions,
and for the acquisition of, major repair to, or renovation of other facilities for use
as state prisons or substance abuse felony punishment facilities. (Added Nov. 3,
1987; Subsec. (c) added Nov. 7, 1989; Subsec. (d) added Nov. 5, 1991; Subsec.
(e) added Nov. 2, 1993; Subsecs. (a) and (c) amended, Subsec. (d) amended and
redesignated Subsec. (c), and Subsec. (e) deleted Nov. 2, 1999.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 49-h: See Appendix, Note 1.)
Sec. 49-i. TEXAS AGRICULTURAL FUND. (a) The legislature by law
may provide for the issuance of general obligation bonds of the state for the
purpose of providing money to establish a Texas agricultural fund in the state
treasury to be used without further appropriation in the manner provided by
law and for the purpose of providing money to establish a rural microenterprise
development fund in the state treasury to be used without further appropriation
in the manner provided by law. The Texas agricultural fund shall be used only
to provide fi nancial assistance to develop, increase, improve, or expand the
production, processing, marketing, or export of crops or products grown or
produced primarily in this state by agricultural businesses domiciled in the state.
The rural microenterprise development fund shall be used only in furtherance of
a program established by the legislature to foster and stimulate the creation and
expansion of small businesses in rural areas. The fi nancial assistance offered
by both funds may include loan guarantees, insurance, coinsurance, loans, and
indirect loans or purchases or acceptances of assignments of loans or other
obligations.
(b) The principal amount of bonds outstanding at one time may not
exceed $25 million for the Texas agricultural fund and $5 million for the rural
microenterprise development fund.
(c) The legislature may establish an interest and sinking account and other
accounts within the Texas agricultural fund and within the rural microenterprise
development fund. The legislature may provide for the investment of bond
proceeds and of the interest and sinking accounts. Income from the investment
of money in the funds that is not immediately committed to the payment of the
principal of and interest on the bonds or the provision of fi nancial assistance
shall be used to create new employment and business opportunities in the state
through the diversifi cation and expansion of agricultural or rural small businesses,
as provided by the legislature.
(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 amounts in the interest and sinking accounts at the close
of the preceding fi scal year that are pledged to payment of the bonds or interest.
(Added Nov. 7, 1989.)
Sec. 49-j. LIMIT ON STATE DEBT PAYABLE FROM GENERAL
REVENUE FUND. (a) The legislature may not authorize additional state debt
41
Art. 3 Sec. 49-k
if the resulting annual debt service exceeds the limitation imposed by this section.
The maximum annual debt service in any fi scal year on state debt payable from
the general revenue fund may not exceed fi ve percent of an amount equal to the
average of the amount of general revenue fund revenues, excluding revenues
constitutionally dedicated for purposes other than payment of state debt, for the
three preceding fi scal years.
(b) For purposes of this section, “state debt payable from the general
revenue fund” means general obligation and revenue bonds, including authorized
but unissued bonds, and lease-purchase agreements in an amount greater than
$250,000, which bonds or lease purchase agreements are designed to be repaid
with the general revenues of the state. The term does not include bonds that,
although backed by the full faith or credit of the state, are reasonably expected
to be paid from other revenue sources and that are not expected to create a
general revenue draw. Bonds or lease purchase agreements that pledge the
full faith and credit of the state are considered to be reasonably expected to be
paid from other revenue sources if they are designed to receive revenues other
than state general revenues suffi cient to cover their debt service over the life of
the bonds or agreement. If those bonds or agreements, or any portion of the
bonds or agreements, subsequently requires use of the state’s general revenue
for payment, the bonds or agreements, or portion of the bonds or agreements,
is considered to be a “state debt payable from the general revenue fund” under
this section, until:
(1) the bonds or agreements are backed by insurance or another form of
guarantee that ensures payment from a source other than general revenue; or
(2) the issuer demonstrates to the satisfaction of the Bond Review Board or
its successor designated by law that the bonds no longer require payment from
general revenue, and the Bond Review Board so certifi es to the Legislative Budget
Board or its successor designated by law. (Added Nov. 4, 1997.)
Sec. 49-k. TEXAS MOBILITY FUND. (a) In this section:
(1) “Commission” means the Texas Transportation Commission or its
successor.
(2) “Comptroller” means the comptroller of public accounts of the State
of Texas.
(3) “Department” means the Texas Department of Transportation or its
successor.
(4) “Fund” means the Texas Mobility Fund.
(5) “Obligations” means bonds, notes, and other public securities.
(b) The Texas Mobility Fund is created in the state treasury and shall be
administered by the commission as a revolving fund to provide a method of
fi nancing the construction, reconstruction, acquisition, and expansion of state
highways, including costs of any necessary design and costs of acquisition of
rights-of-way, as determined by the commission in accordance with standards
and procedures established by law.
42
Art. 3 Sec. 49-k
(c) Money in the fund may also be used to provide participation by the state
in the payment of a portion of the costs of constructing and providing publicly
owned toll roads and other public transportation projects in accordance with the
procedures, standards, and limitations established by law.
(d) The commission may issue and sell obligations of the state and enter into
related credit agreements that are payable from and secured by a pledge of and a
lien on all or part of the money on deposit in the fund in an aggregate principal
amount that can be repaid when due from money on deposit in the fund, as that
aggregate amount is projected by the comptroller in accordance with procedures
established by law. The proceeds of the obligations must be deposited in the fund
and used for one or more specifi c purposes authorized by law, including:
(1) refunding obligations and related credit agreements authorized by this
section;
(2) creating reserves for payment of the obligations and related credit
agreements;
(3) paying the costs of issuance; and
(4) paying interest on the obligations and related credit agreements for a
period not longer than the maximum period established by law.
(e) The legislature by law may dedicate to the fund one or more specifi c
sources or portions, or a specifi c amount, of the revenue, including taxes, and
other money of the state that are not otherwise dedicated by this constitution.
The legislature may not dedicate money from the collection of motor vehicle
registration fees and taxes on motor fuels and lubricants dedicated by Section 7-a,
Article VIII, of this constitution, but it may dedicate money received from other
sources that are allocated to the same costs as those dedicated taxes and fees.
(f) Money dedicated as provided by this section is appropriated when
received by the state, shall be deposited in the fund, and may be used as provided
by this section and law enacted under this section without further appropriation.
While money in the fund is pledged to the payment of any outstanding obligations
or related credit agreements, the dedication of a specifi c source or portion of
revenue, taxes, or other money made as provided by this section may not be
reduced, rescinded, or repealed unless:
(1) the legislature by law dedicates a substitute or different source that is
projected by the comptroller to be of a value equal to or greater than the source
or amount being reduced, rescinded, or repealed and authorizes the commission
to implement the authority granted by Subsection (g) of this section; and
(2) the commission implements the authority granted by the legislature
pursuant to Subsection (g) of this section.
(g) In addition to the dedication of specifi ed sources or amounts of revenue,
taxes, or money as provided by Subsection (e) of this section, the legislature may
by law authorize the commission to guarantee the payment of any obligations and
credit agreements issued and executed by the commission under the authority
of this section by pledging the full faith and credit of the state to that payment
if dedicated revenue is insuffi cient for that purpose. If that authority is granted
43
Art. 3 Sec. 49-l
and is implemented by the commission, while any of the bonds, notes, other
obligations, or credit agreements are outstanding and unpaid, and for any fi scal
year during which the dedicated revenue, taxes, and money are insuffi cient to
make all payments when due, there is appropriated, and there shall be deposited
in the fund, out of the fi rst money coming into the state treasury in each fi scal
year that is not otherwise appropriated by this constitution, an amount that is
suffi cient to pay the principal of the obligations and agreements and the interest
on the obligations and agreements that become due during that fi scal year, minus
any amount in the fund that is available for that payment in accordance with
applicable law.
(h) Proceedings authorizing obligations and related credit agreements to be
issued and executed under the authority of this section shall be submitted to the
attorney general for approval as to their legality. If the attorney general fi nds
that they will be issued in accordance with this section and applicable law, the
attorney general shall approve them, and, after payment by the purchasers of the
obligations in accordance with the terms of sale and after execution and delivery
of the related credit agreements, the obligations and related credit agreements
are incontestable for any cause.
(i) Obligations and credit agreements issued or executed under the authority
of this section may not be included in the computation required by Section 49-j,
Article III, of this constitution, except that if money has been dedicated to the
fund without specifi cation of its source or the authority granted by Subsection (g)
of this section has been implemented, the obligations and credit agreements shall
be included to the extent the comptroller projects that general funds of the state,
if any, will be required to pay amounts due on or on account of the obligations
and credit agreements.
(j) The collection and deposit of the amounts required by this section,
applicable law, and contract to be applied to the payment of obligations and
credit agreements issued, executed, and secured under the authority of this section
may be enforced by mandamus against the commission, the department, and the
comptroller in a district court of Travis County, and the sovereign immunity of
the state is waived for that purpose. (Added Nov. 6, 2001.)
Sec. 49-l. FINANCIAL ASSISTANCE TO COUNTIES FOR ROADWAY
PROJECTS TO SERVE BORDER COLONIAS. (a) To fund financial
assistance to counties for roadways to serve border colonias, the legislature by
general law may authorize the governor to authorize the Texas Public Finance
Authority or its successor to issue general obligation bonds or notes of the State
of Texas in an aggregate amount not to exceed $175 million and to enter into
related credit agreements. Except as provided by Subsection (c) of this section,
the proceeds from the sale of the bonds and notes may be used only to provide
fi nancial assistance to counties for projects to provide access roads to connect
border colonias with public roads. Projects may include the construction of
colonia access roads, the acquisition of materials used in maintaining colonia
access roads, and projects related to the construction of colonia access roads,
such as projects for the drainage of the roads.
44
Art. 3 Sec. 49-m
(b) The Texas Transportation Commission may, in its discretion and in
consultation with the offi ce of the governor, determine what constitutes a border
colonia for purposes of selecting the counties and projects that may receive
assistance under this section.
(c) A portion of the proceeds from the sale of the bonds and notes and a
portion of the interest earned on the bonds and notes may be used to pay:
(1) the costs of administering projects authorized under this section; and
(2) all or part of a payment owed or to be owed under a credit agreement.
(d) The bonds and notes authorized under this section constitute a general
obligation of the state. While any of the bonds or notes or interest on the bonds or
notes is outstanding and unpaid, there is appropriated out of the general revenue
fund in each fi scal year an amount suffi cient to pay the principal of and interest
on the bonds and notes that mature or become due during the fi scal year, including
an amount suffi cient to make payments under a related credit agreement. (Added
Nov. 6, 2001.)
Sec. 49-m. TEXAS DEPARTMENT OF TRANSPORTATION
SHORT-TERM NOTES AND LOANS. (a) The legislature, by law, may
authorize the Texas Transportation Commission or its successor to authorize the
Texas Department of Transportation or its successor to issue notes or borrow
money from any source to carry out the functions of the department.
(b) Notes issued or a loan obtained under this section may not have a term
of more than two years. The legislature may appropriate money dedicated by
Sections 7-a and 7-b, Article VIII, of this constitution for the purpose of paying
a debt created by the notes or loan. (Added Sept. 13, 2003.)
Sec. 49-n. HIGHWAY TAX AND REVENUE ANTICIPATION NOTES.
(Text of section as added by Acts 2003, 78th Leg., R.S., H.J.R. No. 28.)
(a) To fund highway improvement projects, the legislature may authorize the
Texas Transportation Commission or its successor to issue bonds and other public
securities and enter into bond enhancement agreements that are payable from
revenue deposited to the credit of the state highway fund.
(b) In each fi scal year in which amounts become due under the bonds, other
public securities, or agreements authorized by this section, there is appropriated
from the revenue deposited to the credit of the state highway fund in that fi scal
year an amount that is suffi cient to pay:
(1) the principal of and interest on the bonds or other public securities that
mature or become due during the fi scal year; and
(2) any cost related to the bonds and other public securities, including
payments under bond enhancement agreements, that becomes due during that
fi scal year.
(c) Any dedication or appropriation of revenue to the credit of the state
highway fund may not be modifi ed so as to impair any outstanding bonds or other
public securities secured by a pledge of that revenue unless provisions have been
made for a full discharge of those securities. (Added Sept. 13, 2003.)
45
Art. 3 Sec. 49-n
Sec. 49-n. GENERAL OBLIGATION BONDS AND NOTES FOR
MILITARY VALUE REVOLVING LOAN ACCOUNT. (Text of section as
added by Acts 2003, 78th Leg., R.S., S.J.R. No. 55.) (a) The legislature by general
law may authorize one or more state agencies to issue general obligation bonds
or notes of the State of Texas in an aggregate amount not to exceed $250 million
and enter into related credit agreements. The proceeds from the sale of the bonds
and notes shall be deposited in the Texas military value revolving loan account in
the state treasury or its successor account to be used by one or more state agencies
designated by the legislature by general law without further appropriation to
provide loans for economic development projects that benefi t defense-related
communities, as defi ned by the legislature by general law, including projects that
enhance the military value of military installations located in the state.
(b) The expenses incurred in connection with the issuance of the bonds
and notes and the costs of administering the Texas military value revolving loan
account may be paid from money in the account. Money in the Texas military
value revolving loan account may be used to pay all or part of any payment owed
under a credit agreement related to the bonds or notes.
(c) A defense-related community receiving a loan from the Texas military
value revolving loan account may use money from the account to capitalize
interest on the loan.
(d) An agency providing a loan from the Texas military value revolving
loan account to a defense-related community may require the defense-related
community to pay any pro rata cost of issuing the general obligation bonds and
notes.
(e) Bonds and notes authorized under this section are a general obligation
of the state. While any of the bonds or notes or interest on the bonds or notes 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 or notes
that mature or become due during the fi scal year, including an amount suffi cient to
make payments under a related credit agreement, less any amounts in the interest
and sinking accounts at the close of the preceding fi scal year that are pledged to
payment of the bonds or notes or interest. (Added Sept. 13, 2003.)
Sec. 49-o. TEXAS RAIL RELOCATION AND IMPROVEMENT FUND.
(a) In this section:
(1) “Commission” means the Texas Transportation Commission or its
successor.
(2) “Comptroller” means the comptroller of public accounts of the State
of Texas.
(3) “Department” means the Texas Department of Transportation or its
successor.
(4) “Fund” means the Texas rail relocation and improvement fund.
(5) “Improvement” includes construction, reconstruction, acquisition,
rehabilitation, and expansion.
46
Art. 3 Sec. 49-o
(6) “Obligations” means bonds, notes, and other public securities.
(b) The Texas rail relocation and improvement fund is created in the state
treasury. The fund shall be administered by the commission to provide a method
of fi nancing the relocation and improvement of privately and publicly owned
passenger and freight rail facilities for the purposes of:
(1) relieving congestion on public highways;
(2) enhancing public safety;
(3) improving air quality; or
(4) expanding economic opportunity.
(b-1) The fund may also be used to provide a method of fi nancing the
construction of railroad underpasses and overpasses, if the construction is part
of the relocation of a rail facility.
(c) The commission may issue and sell obligations of the state and enter into
related credit agreements that are payable from and secured by a pledge of and a
lien on all or part of the money on deposit in the fund in an aggregate principal
amount that can be repaid when due from money on deposit in the fund, as that
aggregate amount is projected by the comptroller in accordance with procedures
established by law. The proceeds of the obligations must be deposited in the fund
and used for one or more specifi c purposes authorized by law, including:
(1) refunding obligations and related credit agreements authorized by this
section;
(2) creating reserves for payment of the obligations and related credit
agreements;
(3) paying the costs of issuance; and
(4) paying interest on the obligations and related credit agreements for a
period not longer than the maximum period established by law.
(d) The legislature by law may dedicate to the fund one or more specifi c
sources or portions, or a specifi c amount, of the revenue, including taxes, and
other money of the state that are not otherwise dedicated by this constitution.
(e) Money dedicated as provided by this section is appropriated when
received by the state, shall be deposited in the fund, and may be used as provided
by this section and law enacted under this section without further appropriation.
While money in the fund is pledged to the payment of any outstanding obligations
or related credit agreements, the dedication of a specifi c source or portion of
revenue, taxes, or other money made as provided by this section may not be
reduced, rescinded, or repealed unless:
(1) the legislature by law dedicates a substitute or different source that is
projected by the comptroller to be of a value equal to or greater than the source
or amount being reduced, rescinded, or repealed and authorizes the commission
to implement the authority granted by Subsection (f) of this section; and
(2) the commission implements the authority granted by the legislature
pursuant to Subsection (f) of this section.
47
Art. 3 Sec. 49-p
(f) In addition to the dedication of specifi ed sources or amounts of revenue,
taxes, or money as provided by Subsection (d) of this section, the legislature may
by law authorize the commission to guarantee the payment of any obligations and
credit agreements issued and executed by the commission under the authority
of this section by pledging the full faith and credit of the state to that payment
if dedicated revenue is insuffi cient for that purpose. If that authority is granted
and is implemented by the commission, while any of the bonds, notes, other
obligations, or credit agreements are outstanding and unpaid, and for any fi scal
year during which the dedicated revenue, taxes, and money are insuffi cient to
make all payments when due, there is appropriated, and there shall be deposited
in the fund, out of the fi rst money coming into the state treasury in each fi scal
year that is not otherwise appropriated by this constitution, an amount suffi cient
to pay the principal of and interest on the obligations and agreements that become
due during that fi scal year, minus any amount in the fund that is available for that
payment in accordance with applicable law.
(g) Proceedings authorizing obligations and related credit agreements to be
issued and executed under the authority of this section shall be submitted to the
attorney general for approval as to their legality. If the attorney general fi nds
that they will be issued in accordance with this section and applicable law, the
attorney general shall approve them, and, after payment by the purchasers of the
obligations in accordance with the terms of sale and after execution and delivery
of the related credit agreements, the obligations and related credit agreements
are incontestable for any cause.
(h) Obligations and credit agreements issued or executed under the authority
of this section may not be included in the computation required by Section 49-j,
Article III, of this constitution, except that if money has been dedicated to the
fund without specifi cation of its source or the authority granted by Subsection (f)
of this section has been implemented, the obligations and credit agreements shall
be included to the extent the comptroller projects that general funds of the state,
if any, will be required to pay amounts due on or on account of the obligations
and credit agreements.
(i) The collection and deposit of the amounts required by this section,
applicable law, and contract to be applied to the payment of obligations and
credit agreements issued, executed, and secured under the authority of this section
may be enforced by mandamus against the commission, the department, and the
comptroller in a district court of Travis County, and the sovereign immunity of
the state is waived for that purpose. (Added Nov. 8, 2005.)
Sec. 49-p. TEXAS TRANSPORTATION COMMISSION; TEXAS
HIGHWAY IMPROVEMENT FUNDS. (a) To provide funding for highway
improvement projects, the legislature by general law may authorize the Texas
Transportation Commission or its successor to issue general obligation bonds
of the State of Texas in an aggregate amount not to exceed $5 billion and enter
into related credit agreements. The bonds shall be executed in the form, on the
terms, and in the denominations, bear interest, and be issued in installments as
prescribed by the Texas Transportation Commission or its successor.
48
Art. 3 Sec. 50
(b) A portion of the proceeds from the sale of the bonds and a portion of the
interest earned on the bonds may be used to pay:
(1) the costs of administering projects authorized under this section;
(2) the cost or expense of the issuance of the bonds; and
(3) all or part of a payment owed or to be owed under a credit agreement.
(c) The 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 each
fi scal year, not otherwise appropriated by this constitution, an amount suffi cient to
pay the principal of and interest on the bonds that mature or become due during
the fi scal year, including an amount suffi cient to make payments under a related
credit agreement.
(d) Bonds issued under this section, after approval by the attorney general,
registration by the comptroller of public accounts, and delivery to the purchasers,
are incontestable and are general obligations of the State of Texas under this
constitution. (Added Nov. 6, 2007.)
Sec. 50. LOAN OR PLEDGE OF CREDIT OF STATE. The Legislature
shall have no power to give or to lend, or to authorize the giving or lending, of the
credit of the State in aid of, or to any person, association or corporation, whether
municipal or other, or to pledge the credit of the State in any manner whatsoever,
for the payment of the liabilities, present or prospective, of any individual,
association of individuals, municipal or other corporation whatsoever.
Sec. 50a. STATE MEDICAL EDUCATION BOARD; STATE MEDICAL
EDUCATION FUND; PURPOSE. The Legislature shall create a State
Medical Education Board to be composed of not more than six (6) members
whose qualifi cations, duties and terms of offi ce shall be prescribed by law.
The Legislature shall also establish a State Medical Education Fund and make
adequate appropriations therefor to be used by the State Medical Education Board
to provide grants, loans or scholarships to students desiring to study medicine
and agreeing to practice in the rural areas of this State, upon such terms and
conditions as shall be prescribed by law. The term “rural areas” as used in this
Section shall be defi ned by law. (Added Nov. 4, 1952.)
Sec. 50b. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 50b: See Appendix, Note 1.)
Sec. 50b-1. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 50b-1: See Appendix, Note 1.)
Sec. 50b-2. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 50b-2: See Appendix, Note 1.)
Sec. 50b-3. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 50b-3: See Appendix, Note 1.)
49
Art. 3 Sec. 50b-4
Sec. 50b-4. ADDITIONAL STUDENT LOANS. (a) The legislature by
general law may authorize the Texas Higher Education Coordinating Board or
its successor or successors to issue and sell general obligation bonds of the State
of Texas in an amount authorized by constitutional amendment or by a debt
proposition under Section 49 of this article to fi nance educational loans to students
who have been admitted to attend an institution of higher education within the
State of Texas, public or private, which is recognized or accredited under terms
and conditions prescribed by the Legislature.
(b) The bonds shall be executed in the form, on the terms, and in the
denominations, bear interest, and be issued in installments as prescribed by the
Texas Higher Education Coordinating Board or its successor or successors.
(c) The maximum net effective interest rate to be borne by bonds issued
under this section must be set by law.
(d) The legislature may provide for the investment of bond proceeds and
may establish and provide for the investment of an interest and sinking fund
to pay the bonds. Income from the investment shall be used for the purposes
prescribed by the legislature.
(e) While any of the bonds issued under this section 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 an interest and sinking
fund established under this section at the end of the preceding fi scal year that is
pledged to the payment of the bonds or interest.
(f) Bonds issued under this section, after approval by the attorney general,
registration by the comptroller of public accounts, and delivery to the purchasers,
are incontestable. (Added Nov. 7, 1995; Subsec. (a) amended Nov. 2, 1999.)
(TEMPORARY TRANSITION PROVISIONS for Sec. 50b-4: See Appendix,
Note 1.)
Sec. 50b-5. ADDITIONAL STUDENT LOANS. (a) The legislature by
general law may authorize the Texas Higher Education Coordinating Board or
its successor or successors to issue and sell general obligation bonds of the State
of Texas in an amount not to exceed $400 million to fi nance educational loans to
students. The bonds are in addition to those bonds issued under Sections 50b,
50b-1, 50b-2, 50b-3, and 50b-4 of this article.
(b) The bonds shall be executed in the form, on the terms, and in the
denominations, bear interest, and be issued in installments as prescribed by the
Texas Higher Education Coordinating Board or its successor or successors.
(c) The maximum net effective interest rate to be borne by bonds issued
under this section may not exceed the maximum rate provided by law.
(d) The legislature may provide for the investment of bond proceeds and
may establish and provide for the investment of an interest and sinking fund
to pay the bonds. Income from the investment shall be used for the purposes
prescribed by the legislature.
50
Art. 3 Sec. 50b-6
(e) While any of the bonds issued under this section 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 an interest and sinking
fund established under this section at the end of the preceding fi scal year that is
pledged to the payment of the bonds or interest.
(f) Bonds issued under this section, after approval by the attorney general,
registration by the comptroller of public accounts, and delivery to the purchasers,
are incontestable. (Added Nov. 2, 1999.)
Sec. 50b-6. ADDITIONAL STUDENT LOANS. (a) The legislature by
general law may authorize the Texas Higher Education Coordinating Board or
its successor or successors to issue and sell general obligation bonds of the State
of Texas in an amount not to exceed $500 million in order to fi nance educational
loans to students in the manner provided by law. The bonds are in addition to
bonds issued under Sections 50b-4 and 50b-5 of this article and under any other
provision or former provision of this constitution authorizing similar bonds.
(b) The bonds shall be executed in the form, on the terms, and in the
denominations, bear interest, and be issued in installments as prescribed by the
Texas Higher Education Coordinating Board or its successor or successors.
(c) The maximum net effective interest rate to be borne by bonds issued
under this section may not exceed the maximum rate provided by law.
(d) The legislature may provide for the investment of bond proceeds and
may establish and provide for the investment of an interest and sinking fund
to pay the bonds. Income from the investment shall be used for the purposes
prescribed by the legislature.
(e) Notwithstanding any other provision of this article, 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 any bonds issued under this section, under Sections 50b-4 and
50b-5 of this article, and under any other provision or former provision of this
article authorizing similar bonds that mature or become due during the fi scal year,
less any amount remaining in an interest and sinking fund established under this
section, Section 50b-4 or 50b-5 of this article, or any other provision or former
provision of this article authorizing similar bonds at the end of the preceding
fi scal year that is pledged to the payment of the bonds or interest.
(f) Bonds issued under this section, after approval by the attorney general,
registration by the comptroller of public accounts, and delivery to the purchasers,
are incontestable. (Added Nov. 6, 2007.)
51
Art. 3 Sec. 50b-6A
Sec. 50b-6A. AUTHORIZING BOND ENHANCEMENT AGREEMENTS
WITH RESPECT TO BONDS ISSUED FOR ADDITIONAL STUDENT
LOANS. The legislature by general law may provide for the Texas Higher
Education Coordinating Board or its successor or successors to enter into bond
enhancement agreements with appropriate entities with respect to any bonds
issued under Section 50b-4, 50b-5, or 50b-6 of this article or under any other
provision or former provision of this article authorizing similar bonds. Payments
due from the coordinating board under a bond enhancement agreement with
respect to the principal of or interest on the bonds shall be treated for purposes
of this constitution as payments of the principal of and interest on the bonds, and
money appropriated for the purpose of paying the principal of and interest on the
bonds as they mature or become due may be used to make payments under bond
enhancement agreements authorized by this section with respect to the bonds.
(Added Nov. 6, 2007.)
Sec. 50c. FARM AND RANCH LOANS. (a) The legislature may provide
that the commissioner of agriculture shall have the authority to provide for, issue,
and sell general obligation bonds of the State of Texas in an amount not to exceed
$10 million. The bonds shall be called “Farm and Ranch Loan Security Bonds”
and shall be executed in such form, denominations, and on such terms as may
be prescribed by law. The bonds shall bear interest rates fi xed by the Legislature
of the State of Texas.
(b) All money received from the sale of Farm and Ranch Loan Security
Bonds shall be deposited in a fund hereby created with the comptroller of public
accounts to be known as the “Farm and Ranch Loan Security Fund.” This fund
shall be administered without further appropriation by the commissioner of
agriculture in the manner prescribed by law.
(c) The Farm and Ranch Loan Security Fund shall be used by the
commissioner of agriculture under provisions prescribed by the legislature for
the purpose of guaranteeing loans used for the purchase of farm and ranch real
estate, for acquiring real estate mortgages or deeds of trust on lands purchased
with guaranteed loans, and to advance to the borrower a percentage of the principal
and interest due on those loans; provided that the commissioner shall require at
least six percent interest be paid by the borrower on any advance of principal and
interest. The legislature may authorize the commissioner to sell at foreclosure
any land acquired in this manner, and proceeds from that sale shall be deposited
in the Farm and Ranch Loan Security Fund.
(d) The legislature may provide for the investment of money available in the
Farm and Ranch Loan Security Fund and the interest and sinking fund established
for the payment of bonds issued by the commissioner of agriculture. Income from
the investment shall be used for purposes prescribed by the legislature.
(e) While any of the bonds authorized by this section or any interest on those
bonds is outstanding and unpaid, there is hereby appropriated out of the fi rst
money coming into the treasury in each fi scal year not otherwise appropriated
by this constitution an amount that is suffi cient to pay the principal and interest
52
Art. 3 Sec. 50-d
on the bonds that mature or become due during the fi scal year less the amount
in the interest and sinking fund at the close of the prior fi scal year. (Added Nov.
6, 1979; Subsec. (b) amended Nov. 7, 1995.)
Sec. 50-d. AGRICULTURAL WATER CONSERVATION BONDS.
(a) On a two-thirds vote of the members elected to each house of the legislature,
the Texas Water Development Board may issue and sell Texas agricultural water
conservation bonds in an amount not to exceed $200 million.
(b) The proceeds from the sale of Texas agricultural water conservation
bonds shall be deposited in a fund created in the state treasury to be known as
the agricultural water conservation fund.
(c) Texas agricultural water conservation bonds are general obligations of
the State of Texas. During the time that Texas agricultural water conservation
bonds or any interest on those bonds is outstanding or unpaid, there is appropriated
out of the fi rst money coming into the state treasury in each fi scal year, not
otherwise appropriated by this constitution, an amount that is suffi cient to pay
the principal of and interest on those bonds that mature or become due during
that fi scal year.
(d) The terms, conditions, provisions, and procedures for issuance and sale
and management of proceeds of Texas agricultural water conservation bonds shall
be provided by law. (Added Nov. 5, 1985; Subsec. (c) amended Nov. 4, 1997.)
(e) (Added Nov. 5, 1985; repealed Nov. 7, 1989.)
Sec. 50-e. GUARANTEE OF TEXAS GRAIN WAREHOUSE
SELF-INSURANCE FUND. (a) For the purposes of providing surety for the
Texas grain warehouse self-insurance fund, the legislature by general law may
establish or provide for a guarantee of the fund not to exceed $5 million.
(b) At the beginning of the fi scal year after the fund reaches $5 million, as
certifi ed by the comptroller of public accounts, the guarantee of the fund shall
cease and this provision shall expire.
(c) Should the legislature enact any enabling laws in anticipation of this
amendment, no such law shall be void by reason of its anticipating nature.
(d) If the provisions of this section confl ict with any other provisions of this
constitution, the provisions of this section shall prevail. (Added Nov. 3, 1987.)
Sec. 50-f. ISSUANCE OF GENERAL OBLIGATION BONDS
FOR CONSTRUCTION AND REPAIR PROJECTS; PURCHASE OF
EQUIPMENT. (a) The legislature by general law may authorize the Texas Public
Finance Authority to provide for, issue, and sell general obligation bonds of the
State of Texas in an amount not to exceed $850 million and to enter into related
credit agreements. The bonds shall be executed in the form, on the terms, and
in the denominations, bear interest, and be issued in installments as prescribed
by the Texas Public Finance Authority.
(b) Proceeds from the sale of the bonds shall be deposited in a separate fund
or account within the state treasury created by the comptroller for this purpose.
Money in the separate fund or account may be used only to pay for:
53
Art. 3 Sec. 50-g
(1) construction and repair projects authorized by the legislature by general
law or the General Appropriations Act and administered by or on behalf of
the General Services Commission, the Texas Youth Commission, the Texas
Department of Criminal Justice, the Texas Department of Mental Health and
Mental Retardation, the Parks and Wildlife Department, the adjutant general’s
department, the Texas School for the Deaf, the Department of Agriculture, the
Department of Public Safety of the State of Texas, the State Preservation Board,
the Texas Department of Health, the Texas Historical Commission, or the Texas
School for the Blind and Visually Impaired; or
(2) the purchase, as authorized by the legislature by general law or the
General Appropriations Act, of needed equipment by or on behalf of a state
agency listed in Subdivision (1) of this subsection.
(c) The maximum net effective interest rate to be borne by bonds issued
under this section may be set by general law.
(d) While any of the bonds or interest on the bonds authorized by this section
is outstanding and unpaid, from the fi rst money coming into the state treasury
in each fi scal year not otherwise appropriated by this constitution, an amount
suffi cient to pay the principal and interest on bonds that mature or become due
during the fi scal year and to make payments that become due under a related
credit agreement during the fi scal year is appropriated, less the amount in the
sinking fund at the close of the previous fi scal year.
(e) Bonds issued under this section, after approval by the attorney general,
registration by the comptroller of public accounts, and delivery to the purchasers,
are incontestable and are general obligations of the State of Texas under this
constitution. (Added Nov. 6, 2001.)
Sec. 50-g. GENERAL OBLIGATION BONDS ISSUED FOR
MAINTENANCE, IMPROVEMENT, REPAIR, OR CONSTRUCTION
PROJECTS. (a) The legislature by general law may authorize the Texas Public
Finance Authority to provide for, issue, and sell general obligation bonds of the
State of Texas in an amount not to exceed $1 billion and to enter into related
credit agreements. The bonds shall be executed in the form, on the terms, and
in the denominations, bear interest, and be issued in installments as prescribed
by the Texas Public Finance Authority.
(b) Proceeds from the sale of the bonds shall be deposited in a separate
fund or account within the state treasury created by the comptroller of public
accounts for this purpose. Money in the separate fund or account may be used
only to pay for:
(1) maintenance, improvement, repair, or construction projects authorized by
the legislature by general law or the General Appropriations Act and administered
by or on behalf of the Texas Building and Procurement Commission, the Parks
and Wildlife Department, the adjutant general’s department, the Department
of State Health Services, the Department of Aging and Disability Services, the
54
Art. 3 Sec. 51
Texas School for the Blind and Visually Impaired, the Texas Youth Commission,
the Texas Historical Commission, the Texas Department of Criminal Justice, the
Texas School for the Deaf, or the Department of Public Safety of the State of
Texas; or
(2) the purchase, as authorized by the legislature by general law or the
General Appropriations Act, of needed equipment by or on behalf of a state
agency listed in Subdivision (1) of this subsection.
(c) The maximum net effective interest rate to be borne by bonds issued
under this section may be set by general law.
(d) While any of the bonds or interest on the bonds authorized by this section
is outstanding and unpaid, from the fi rst money coming into the state treasury
in each fi scal year not otherwise appropriated by this constitution, an amount
suffi cient to pay the principal and interest on bonds that mature or become due
during the fi scal year and to make payments that become due under a related
credit agreement during the fi scal year is appropriated, less the amount in the
sinking fund at the close of the previous fi scal year.
(e) Bonds issued under this section, after approval by the attorney general,
registration by the comptroller of public accounts, and delivery to the purchasers,
are incontestable and are general obligations of the State of Texas under this
constitution. (Added Nov. 6, 2007.)
Sec. 51. GRANTS OF PUBLIC MONEY PROHIBITED; EXCEPTIONS.
The Legislature shall have no power to make any grant or authorize the making of
any grant of public moneys to any individual, association of individuals, municipal
or other corporations whatsoever; provided that the provisions of this Section
shall not be construed so as to prevent the grant of aid in cases of public calamity.
(Amended Nov. 6, 1894, Nov. 1, 1898, Nov. 8, 1904, Nov. 8, 1910, Nov. 5, 1912,
Nov. 4, 1924, Nov. 6, 1928, Nov. 5, 1968, and Nov. 2, 1999.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 51: See Appendix, Note 1.)
Sec. 51-a. ASSISTANCE GRANTS AND MEDICAL CARE FOR
NEEDY AGED, DISABLED, AND BLIND PERSONS AND NEEDY
CHILDREN; FEDERAL FUNDS. (a) The Legislature shall have the power,
by General Laws, to provide, subject to limitations herein contained, and such
other limitations, restrictions and regulations as may by the Legislature be deemed
expedient, for assistance grants to needy dependent children and the caretakers of
such children, needy persons who are totally and permanently disabled because
of a mental or physical handicap, needy aged persons and needy blind persons.
(b) The Legislature may provide by General Law for medical care,
rehabilitation and other similar services for needy persons. The Legislature may
prescribe such other eligibility requirements for participation in these programs
as it deems appropriate and may make appropriations out of state funds for such
purposes. The maximum amount paid out of state funds for assistance grants to
or on behalf of needy dependent children and their caretakers shall not exceed one
percent of the state budget. The Legislature by general statute shall provide for the
55
Art. 3 Sec. 51-a-1
means for determining the state budget amounts, including state and other funds
appropriated by the Legislature, to be used in establishing the biennial limit.
(c) Provided further, that if the limitations and restrictions herein contained
are found to be in confl ict with the provisions of appropriate federal statutes,
as they now are or as they may be amended to the extent that federal matching
money is not available to the state for these purposes, then and in that event the
Legislature is specifi cally authorized and empowered to prescribe such limitations
and restrictions and enact such laws as may be necessary in order that such federal
matching money will be available for assistance and/or medical care for or on
behalf of needy persons.
(d) Nothing in this Section shall be construed to amend, modify or repeal
Section 31 of Article XVI of this Constitution; provided further, however, that
such medical care, services or assistance shall also include the employment
of objective or subjective means, without the use of drugs, for the purpose of
ascertaining and measuring the powers of vision of the human eye, and fi tting
lenses or prisms to correct or remedy any defect or abnormal condition of vision.
Nothing herein shall be construed to permit optometrists to treat the eyes for
any defect whatsoever in any manner nor to administer nor to prescribe any
drug or physical treatment whatsoever, unless such optometrist is a regularly
licensed physician or surgeon under the laws of this state. (Added Aug. 25, 1945;
amended Nov. 2, 1954, Nov. 5, 1957, Nov. 6, 1962, Nov. 9, 1963, Nov. 2, 1965,
Aug. 5, 1969, Nov. 2, 1982, and Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 51-a: See Appendix, Note 1.)
Sec. 51-a-1. ASSISTANCE TO LOCAL FIRE DEPARTMENTS. (a) The
legislature by general law may authorize the use of public money to provide to
local fi re departments and other public fi re-fi ghting organizations:
(1) loans or other fi nancial assistance to purchase fi re-fi ghting equipment
and to aid in providing necessary equipment and facilities to comply with federal
and state law; and
(2) scholarships and grants to educate and train the members of local fi re
departments and other public fi re-fi ghting organizations.
(b) A portion of the money used under this section may be used for the
administrative costs of the program. The legislature shall provide for the terms
and conditions of scholarships, grants, loans, and other fi nancial assistance to be
provided under this section. (Added Nov. 7, 1989.)
Sec. 51-b. (Repealed Nov. 7, 1978.)
Sec. 51-c. AID OR COMPENSATION TO PERSONS IMPROPERLY
FINED OR IMPRISONED. The Legislature may grant aid and compensation
to any person who has heretofore paid a fi ne or served a sentence in prison, or
who may hereafter pay a fi ne or serve a sentence in prison, under the laws of this
State for an offense for which he or she is not guilty, under such regulations and
limitations as the Legislature may deem expedient. (Added Nov. 6, 1956.)
Sec. 51-d. PAYMENT OF ASSISTANCE TO SURVIVORS OF LAW
ENFORCEMENT AND OTHER OFFICERS. The Legislature shall have the
power, by general law, to provide for the payment of assistance by the State of
56
Art. 3 Sec. 51-e
Texas to the surviving spouse, minor children, and surviving dependent parents,
brothers, and sisters of offi cers, employees, and agents, including members of
organized volunteer fi re departments and members of organized police reserve or
auxiliary units with authority to make an arrest, of the state or of any city, county,
district, or other political subdivision who, because of the hazardous nature of
their duties, suffer death in the course of the performance of those offi cial duties.
Should the Legislature enact any enabling laws in anticipation of this amendment,
no such law shall be void by reason of its anticipatory nature. (Added Nov. 8,
1966; amended Aug. 5, 1969, and Nov. 6, 1984.)
Sec. 51-e. (Repealed April 22, 1975.)
Sec. 51-f. (Repealed April 22, 1975.)
Sec. 51g. SOCIAL SECURITY COVERAGE OF PROPRIETARY
EMPLOYEES OF POLITICAL SUBDIVISIONS. The Legislature shall
have the power to pass such laws as may be necessary to enable the State to
enter into agreements with the Federal Government to obtain for proprietary
employees of its political subdivisions coverage under the old-age and survivors
insurance provisions of Title II of the Federal Social Security Act as amended.
The Legislature shall have the power to make appropriations and authorize all
obligations necessary to the establishment of such Social Security coverage
program. (Added Nov. 2, 1954.)
Sec. 52. COUNTIES, CITIES OR OTHER POLITICAL
CORPORATIONS OR SUBDIVISIONS; LENDING CREDIT; GRANTS;
BONDS. (a) Except as otherwise provided by this section, the Legislature shall
have no power to authorize any county, city, town or other political corporation
or subdivision of the State to lend its credit or to grant public money or thing of
value in aid of, or to any individual, association or corporation whatsoever, or to
become a stockholder in such corporation, association or company. However,
this section does not prohibit the use of public funds or credit for the payment
of premiums on nonassessable property and casualty, life, health, or accident
insurance policies and annuity contracts issued by a mutual insurance company
authorized to do business in this State.
(b) Under Legislative provision, any county, political subdivision of a county,
number of adjoining counties, political subdivision of the State, or defi ned district
now or hereafter to be described and defi ned within the State of Texas, and which
may or may not include, towns, villages or municipal corporations, upon a vote
of two-thirds majority of the voting qualifi ed voters of such district or territory to
be affected thereby, may issue bonds or otherwise lend its credit in any amount
not to exceed one-fourth of the assessed valuation of the real property of such
district or territory, except that the total bonded indebtedness of any city or town
shall never exceed the limits imposed by other provisions of this Constitution,
and levy and collect taxes to pay the interest thereon and provide a sinking fund
for the redemption thereof, as the Legislature may authorize, and in such manner
as it may authorize the same, for the following purposes to wit:
(1) The improvement of rivers, creeks, and streams to prevent overfl ows, and
to permit of navigation thereof, or irrigation thereof, or in aid of such purposes.
57
Art. 3 Sec. 52-a
(2) The construction and maintenance of pools, lakes, reservoirs, dams,
canals and waterways for the purposes of irrigation, drainage or navigation, or
in aid thereof.
(3) The construction, maintenance and operation of macadamized, graveled
or paved roads and turnpikes, or in aid thereof.
(c) Notwithstanding the provisions of Subsection (b) of this Section, bonds
may be issued by any county in an amount not to exceed one-fourth of the assessed
valuation of the real property in the county, for the construction, maintenance,
and operation of macadamized, graveled, or paved roads and turnpikes, or in aid
thereof, upon a vote of a majority of the voting qualifi ed voters of the county,
and without the necessity of further or amendatory legislation. The county may
levy and collect taxes to pay the interest on the bonds as it becomes due and to
provide a sinking fund for redemption of the bonds.
(d) Any defi ned district created under this section that is authorized to issue
bonds or otherwise lend its credit for the purposes stated in Subdivisions (1) and
(2) of Subsection (b) of this section may engage in fi re-fi ghting activities and may
issue bonds or otherwise lend its credit for fi re-fi ghting purposes as provided by
law and this constitution.
(e) A county, city, town, or other political corporation or subdivision of
the state may invest its funds as authorized by law. (Amended Nov. 8, 1904;
Subsecs. (a) and (b) amended and (c) added Nov. 3, 1970; Subsec. (d) added
Nov. 7, 1978; Subsec. (a) amended Nov. 4, 1986; Subsec. (e) added Nov. 7, 1989;
Subsecs. (a), (b), and (c) amended Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 52: See Appendix, Note 1.)
Sec. 52-a. LOAN OR GRANT OF PUBLIC MONEY FOR ECONOMIC
DEVELOPMENT. Notwithstanding any other provision of this constitution,
the legislature may provide for the creation of programs and the making of
loans and grants of public money, other than money otherwise dedicated by this
constitution to use for a different purpose, for the public purposes of development
and diversifi cation of the economy of the state, the elimination of unemployment
or underemployment in the state, the stimulation of agricultural innovation, the
fostering of the growth of enterprises based on agriculture, or the development
or expansion of transportation or commerce in the state. Any bonds or other
obligations of a county, municipality, or other political subdivision of the state
that are issued for the purpose of making loans or grants in connection with a
program authorized by the legislature under this section and that are payable from
ad valorem taxes must be approved by a vote of the majority of the registered
voters of the county, municipality, or political subdivision voting on the issue.
A program created or a loan or grant made as provided by this section that is
not secured by a pledge of ad valorem taxes or fi nanced by the issuance of
any bonds or other obligations payable from ad valorem taxes of the political
subdivision does not constitute or create a debt for the purpose of any provision
of this constitution. An enabling law enacted by the legislature in anticipation of
the adoption of this amendment is not void because of its anticipatory character.
(Added Nov. 3, 1987; amended Nov. 8, 2005.)
58
Art. 3 Sec. 52-b
Sec. 52-b. LOAN OF STATE’S CREDIT OR GRANT OF PUBLIC
MONEY FOR TOLL ROAD PURPOSES. The Legislature shall have no
power or authority to in any manner lend the credit of the State or grant any
public money to, or assume any indebtedness, present or future, bonded or
otherwise, of any individual, person, fi rm, partnership, association, corporation,
public corporation, public agency, or political subdivision of the State, or anyone
else, which is now or hereafter authorized to construct, maintain or operate toll
roads and turnpikes within this State except that the Legislature may authorize
the Texas Department of Transportation to expend, grant, or loan money, from
any source available, for the acquisition, construction, maintenance, or operation
of turnpikes, toll roads, and toll bridges. (Added Nov. 2, 1954; amended
Nov. 5, 1991, and Nov. 6, 2001.)
Sec. 52-c. (Blank.)
Sec. 52d. COUNTY OR ROAD DISTRICT TAX FOR ROAD PURPOSES.
(a) Upon the vote of a majority of the qualifi ed voters so authorizing, a county or
road district may collect an annual tax for a period not exceeding fi ve (5) years to
create a fund for constructing lasting and permanent roads and bridges or both.
No contract involving the expenditure of any of such fund shall be valid unless,
when it is made, money shall be on hand in such fund.
(b) At such election, the Commissioners’ Court shall submit for adoption
a road plan and designate the amount of special tax to be levied; the number of
years said tax is to be levied; the location, description, and character of the roads
and bridges; and the estimated cost thereof. The funds raised by such taxes shall
not be used for purposes other than those specifi ed in the plan submitted to the
voters. Elections may be held from time to time to extend or discontinue said plan
or to increase or diminish said tax. The Legislature shall enact laws prescribing
the procedure hereunder.
(c) The provisions of this section shall apply only to Harris County and road
districts therein. (Added Aug. 23, 1937; amended Nov. 2, 1999.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 52d: See Appendix, Note 1.)
Sec. 52e. PAYMENT OF MEDICAL EXPENSES OF LAW
ENFORCEMENT OFFICIALS. Each county in the State of Texas is hereby
authorized to pay all medical expenses, all doctor bills and all hospital bills for
Sheriffs, Deputy Sheriffs, Constables, Deputy Constables and other county and
precinct law enforcement offi cials who are injured in the course of their offi cial
duties; providing that while said Sheriff, Deputy Sheriff, Constable, Deputy
Constable or other county or precinct law enforcement offi cial is hospitalized or
incapacitated that the county shall continue to pay his maximum salary; providing,
however, that said payment of salary shall cease on the expiration of the term of
offi ce to which such offi cial was elected or appointed. Provided, however, that
no provision contained herein shall be construed to amend, modify, repeal or
nullify Article 16, Section 31, of the Constitution of the State of Texas. (Added
Nov. 11, 1967.)
Sec. 52f. PRIVATE ROAD WORK BY CERTAIN COUNTIES. A
county with a population of 5,000 or less, according to the most recent federal
census, may construct and maintain private roads if it imposes a reasonable
59
Art. 3 Sec. 52g
charge for the work. The Legislature by general law may limit this authority.
Revenue received from private road work may be used only for the construction,
including right-of-way acquisition, or maintenance of public roads. (Added
Nov. 4, 1980.)
Sec. 52g. DALLAS COUNTY BOND ISSUES FOR ROADS AND
TURNPIKES. Bonds to be issued by Dallas County under Section 52(b)(3) of
Article III of this Constitution may, without the necessity of further or amendatory
legislation, be issued upon a vote of a majority of the voting qualifi ed voters
of said county, and bonds heretofore or hereafter issued under Subsections (a)
and (b) of said Section 52 shall not be included in determining the debt limit
prescribed in said Section. (Added Nov. 5, 1968; amended Nov. 4, 1997, and
Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 52g: See
Appendix, Note 1.)
Sec. 52h. MUNICIPALITIES TO DONATE OUTDATED OR SURPLUS
FIRE FIGHTING EQUIPMENT TO UNDERDEVELOPED COUNTRIES.
A municipality may donate to an underdeveloped country outdated or surplus
equipment, supplies, or other materials used in fi ghting fi res. (Added Nov. 6,
2001.)
Sec. 52i. MUNICIPALITIES TO DONATE SURPLUS FIRE FIGHTING
EQUIPMENT FOR RURAL FIRE PROTECTION. (a) A municipality may
donate surplus equipment, supplies, or other materials used in fi ghting fi res to
the Texas Forest Service or to a successor agency authorized to cooperate in the
development of rural fi re protection plans.
(b) The Texas Forest Service or the successor agency may, based on need,
redistribute to rural volunteer fi re departments the equipment, supplies, or
materials donated under Subsection (a). (Added Sept. 13, 2003.)
Sec. 52j. SALE OF REAL PROPERTY ACQUIRED THROUGH
EMINENT DOMAIN. A governmental entity may sell real property acquired
through eminent domain to the person who owned the real property interest
immediately before the governmental entity acquired the property interest, or to
the person’s heirs, successors, or assigns, at the price the entity paid at the time
of acquisition if:
(1) the public use for which the property was acquired through eminent
domain is canceled;
(2) no actual progress is made toward the public use during a prescribed
period of time; or
(3) the property is unnecessary for the public use. (Added Nov. 6, 2007.)
Sec. 53. COUNTY OR MUNICIPAL AUTHORITIES; EXTRA
COMPENSATION; UNAUTHORIZED CLAIMS. The Legislature shall have
no power to grant, or to authorize any county or municipal authority to grant,
any extra compensation, fee or allowance to a public offi cer, agent, servant or
contractor, after service has been rendered, or a contract has been entered into, and
performed in whole or in part; nor pay, nor authorize the payment of, any claim
60
Art. 3 Sec. 54
created against any county or municipality of the State, under any agreement or
contract, made without authority of law.
Sec. 54. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 54: See Appendix, Note 1.)
Sec. 55. RELEASE OR EXTINGUISHMENT OF INDEBTEDNESS
TO STATE, COUNTY, SUBDIVISION, OR MUNICIPAL CORPORATION.
The Legislature shall have no power to release or extinguish, or to authorize
the releasing or extinguishing, in whole or in part, the indebtedness, liability or
obligation of any corporation or individual, to this State or to any county or defi ned
subdivision thereof, or other municipal corporation therein, except delinquent
taxes which have been due for a period of at least ten years. (Amended Nov. 8,
1932.)
Sec. 56. LOCAL AND SPECIAL LAWS. (a) The Legislature shall not,
except as otherwise provided in this Constitution, pass any local or special law,
authorizing:
(1) the creation, extension or impairing of liens;
(2) regulating the affairs of counties, cities, towns, wards or school
districts;
(3) changing the names of persons or places;
(4) changing the venue in civil or criminal cases;
(5) authorizing the laying out, opening, altering or maintaining of roads,
highways, streets or alleys;
(6) relating to ferries or bridges, or incorporating ferry or bridge companies,
except for the erection of bridges crossing streams which form boundaries between
this and any other State;
(7) vacating roads, town plats, streets or alleys;
(8) relating to cemeteries, grave-yards or public grounds not of the State;
(9) authorizing the adoption or legitimation of children;
(10) locating or changing county seats;
(11) incorporating cities, towns or villages, or changing their charters;
(12) for the opening and conducting of elections, or fi xing or changing the
places of voting;
(13) granting divorces;
(14) creating offi ces, or prescribing the powers and duties of offi cers, in
counties, cities, towns, election or school districts;
(15) changing the law of descent or succession;
(16) regulating the practice or jurisdiction of, or changing the rules of
evidence in any judicial proceeding or inquiry before courts, justices of the peace,
sheriffs, commissioners, arbitrators or other tribunals, or providing or changing
methods for the collection of debts, or the enforcing of judgments, or prescribing
the effect of judicial sales of real estate;
61
Art. 3 Sec. 57
(17) regulating the fees, or extending the powers and duties of aldermen,
justices of the peace, magistrates or constables;
(18) regulating the management of public schools, the building or repairing
of school houses, and the raising of money for such purposes;
(19) fi xing the rate of interest;
(20) affecting the estates of minors, or persons under disability;
(21) remitting fi nes, penalties and forfeitures, and refunding moneys legally
paid into the treasury;
(22) exempting property from taxation;
(23) regulating labor, trade, mining and manufacturing;
(24) declaring any named person of age;
(25) extending the time for the assessment or collection of taxes, or otherwise
relieving any assessor or collector of taxes from the due performance of his offi cial
duties, or his securities from liability;
(26) giving effect to informal or invalid wills or deeds;
(27) summoning or empanelling grand or petit juries;
(28) for limitation of civil or criminal actions;
(29) for incorporating railroads or other works of internal improvements;
or
(30) relieving or discharging any person or set of persons from the
performance of any public duty or service imposed by general law.
(b) In addition to those laws described by Subsection (a) of this section in
all other cases where a general law can be made applicable, no local or special
law shall be enacted; provided, that nothing herein contained shall be construed
to prohibit the Legislature from passing:
(1) special laws for the preservation of the game and fi sh of this State in
certain localities; and
(2) fence laws applicable to any subdivision of this State or counties as
may be needed to meet the wants of the people. (Amended Nov. 6, 2001.)
(TEMPORARY TRANSITION PROVISION for Sec. 56: See Appendix,
Note 3.)
Sec. 57. NOTICE OF INTENTION TO APPLY FOR LOCAL OR
SPECIAL LAWS. No local or special law shall be passed, unless notice of
the intention to apply therefor shall have been published in the locality where
the matter or thing to be affected may be situated, which notice shall state the
substance of the contemplated law, and shall be published at least thirty days
prior to the introduction into the Legislature of such bill and in the manner to be
provided by law. The evidence of such notice having been published, shall be
exhibited in the Legislature, before such act shall be passed.
Sec. 58. SEAT OF GOVERNMENT. The Legislature shall hold its sessions
at the City of Austin, which is hereby declared to be the seat of government.
62
Art. 3 Sec. 59
Sec. 59. WORKERS’ COMPENSATION INSURANCE FOR STATE
EMPLOYEES. The Legislature shall have power to pass such laws as may
be necessary to provide for Workers’ Compensation Insurance for such State
employees, as in its judgment is necessary or required; and to provide for the
payment of all costs, charges, and premiums on such policies of insurance;
providing the State shall never be required to purchase insurance for any
employee. (Added Nov. 3, 1936; amended Nov. 6, 2001.) (TEMPORARY
TRANSITION PROVISION for Sec. 59: See Appendix, Note 3.)
Sec. 60. WORKERS’ COMPENSATION INSURANCE FOR
EMPLOYEES OF COUNTIES AND OTHER POLITICAL SUBDIVISIONS.
The Legislature shall have the power to pass such laws as may be necessary
to enable all counties, cities, towns, villages, and other political subdivisions
of this State to provide Workers’ Compensation Insurance, including the right
of a political subdivision to provide its own insurance risk, for all employees
of the political subdivision as in its judgment is necessary or required; and the
Legislature shall provide suitable laws for the administration of such insurance
in the counties, cities, towns, villages, or other political subdivisions of this
State and for the payment of the costs, charges and premiums on such policies of
insurance and the benefi ts to be paid thereunder. (Added Nov. 2, 1948; amended
Nov. 6, 1962, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION
for Sec. 60: See Appendix, Note 3.)
Sec. 61. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 61: See Appendix, Note 3.)
Sec. 61-a. MINIMUM SALARIES. The Legislature shall not fi x the
salary of the Governor, Attorney General, Comptroller of Public Accounts,
Commissioner of the General Land Offi ce or Secretary of State at a sum less
than that fi xed for such offi cials in the Constitution on January 1, 1953. (Added
Nov. 2, 1954; amended Nov. 7, 1995, and Nov. 4, 1997.)
Sec. 62. CONTINUITY OF STATE AND LOCAL GOVERNMENTAL
OPERATIONS; SUSPENSION OF CONSTITUTIONAL PROCEDURAL
RULES. (a) The Legislature, in order to insure continuity of state and local
governmental operations in periods of emergency resulting from disasters caused
by enemy attack, shall have the power and the immediate duty to provide for
prompt and temporary succession to the powers and duties of public offi ces, of
whatever nature and whether fi lled by election or appointment, the incumbents
of which may become unavailable for carrying on the powers and duties of such
offi ces. Provided, however, that Article I of the Constitution of Texas, known
as the “Bill of Rights” shall not be in any manner affected, amended, impaired,
suspended, repealed or suspended hereby.
(b) When such a period of emergency or the immediate threat of enemy
attack exists, the Legislature may suspend procedural rules imposed by this
Constitution that relate to:
(1) the order of business of the Legislature;
(2) the percentage of each house of the Legislature necessary to constitute
a quorum;
63
Art. 3 Sec. 63
(3) the requirement that a bill must be read on three days in each house
before it has the force of law;
(4) the requirement that a bill must be referred to and reported from
committee before its consideration; and
(5) the date on which laws passed by the Legislature take effect.
(c) When such a period of emergency or the immediate threat of enemy
attack exists, the Governor, after consulting with the Lieutenant Governor and
the Speaker of the House of Representatives, may suspend the constitutional
requirement that the Legislature hold its sessions in Austin, the seat of government.
When this requirement has been suspended, the Governor shall determine a place
other than Austin at which the Legislature will hold its sessions during such
period of emergency or immediate threat of enemy attack. The Governor shall
notify the Lieutenant Governor and the Speaker of the House of Representatives
of the place and time at which the Legislature will meet. The Governor may take
security precautions, consistent with the state of emergency, in determining the
extent to which that information may be released.
(d) To suspend the constitutional rules specifi ed by Subsection (b) of this
section, the Governor must issue a proclamation and the House of Representatives
and the Senate must concur in the proclamation as provided by this section.
(e) The Governor’s proclamation must declare that a period of emergency
resulting from disasters caused by enemy attack exists, or that the immediate
threat of enemy attack exists, and that suspension of constitutional rules relating
to legislative procedure is necessary to assure continuity of state government. The
proclamation must specify the period, not to exceed two years, during which the
constitutional rules specifi ed by Subsection (b) of this section are suspended.
(f) The House of Representatives and the Senate, by concurrent resolution
approved by the majority of the members present, must concur in the Governor’s
proclamation. A resolution of the House of Representatives and the Senate
concurring in the Governor’s proclamation suspends the constitutional rules
specifi ed by Subsection (b) of this section for the period of time specifi ed by the
Governor’s proclamation.
(g) The constitutional rules specifi ed by Subsection (b) of this section
may not be suspended for more than two years under a single proclamation. A
suspension may be renewed, however, if the Governor issues another proclamation
as provided by Subsection (e) of this section and the House of Representatives
and the Senate, by concurrent resolution, concur in that proclamation. (Added
Nov. 6, 1962; Subsec. (a) amended and (b)-(g) added Nov. 8, 1983.)
Sec. 63. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 63: See Appendix, Note 3.)
Sec. 64. CONSOLIDATION OF GOVERNMENTAL OFFICES
AND FUNCTIONS. (a) The Legislature may by special statute provide for
consolidation of governmental offi ces and functions of government of any one or
more political subdivisions comprising or located within any county. Any such
statute shall require an election to be held within the political subdivisions affected
64
Art. 3 Sec. 65
thereby with approval by a majority of the voters in each of these subdivisions,
under such terms and conditions as the Legislature may require.
(b) The county government, or any political subdivision(s) comprising
or located therein, may contract one with another for the performance of
governmental functions required or authorized by this Constitution or the Laws
of this State, under such terms and conditions as the Legislature may prescribe.
No person acting under a contract made pursuant to this Subsection (b) shall be
deemed to hold more than one offi ce of honor, trust or profi t or more than one
civil offi ce of emolument. The term “governmental functions,” as it relates to
counties, includes all duties, activities and operations of statewide importance
in which the county acts for the State, as well as of local importance, whether
required or authorized by this Constitution or the Laws of this State. (Added
Nov. 5, 1968; Subsec. (a) amended Nov. 3, 1970.)
Sec. 65. PUBLIC BONDS; INTEREST RATE; CONFLICTING RATES
REPEALED; VETERANS’ LAND BOARD BONDS. (a) Wherever the
Constitution authorizes an agency, instrumentality, or subdivision of the State
to issue bonds and specifi es the maximum rate of interest which may be paid
on such bonds issued pursuant to such constitutional authority, such bonds may
bear interest at rates not to exceed a weighted average annual interest rate of 12%
unless otherwise provided by Subsection (b) of this section. All Constitutional
provisions specifi cally setting rates in confl ict with this provision are hereby
repealed.
(b) Bonds issued by the Veterans’ Land Board after the effective date of
this subsection bear interest at a rate or rates determined by the board, but the
rate or rates may not exceed a net effective interest rate of 10% per year unless
otherwise provided by law. A statute that is in effect on the effective date of this
subsection and that sets as a maximum interest rate payable on bonds issued by
the Veterans’ Land Board a rate different from the maximum rate provided by
this subsection is ineffective unless reenacted by the legislature after that date.
(Added Nov. 7, 1972; Subsec. (a) amended and (b) added Nov. 3, 1981; Subsec.
(a) amended Nov. 2, 1982.)
Sec. 66. LIMITATION ON LIABILITY FOR NONECONOMIC
DAMAGES. (a) In this section “economic damages” means compensatory
damages for any pecuniary loss or damage. The term does not include any loss
or damage, however characterized, for past, present, and future physical pain and
suffering, mental anguish and suffering, loss of consortium, loss of companionship
and society, disfi gurement, or physical impairment.
(b) Notwithstanding any other provision of this constitution, the legislature
by statute may determine the limit of liability for all damages and losses, however
characterized, other than economic damages, of a provider of medical or health
care with respect to treatment, lack of treatment, or other claimed departure from
an accepted standard of medical or health care or safety, however characterized,
that is or is claimed to be a cause of, or that contributes or is claimed to contribute
to, disease, injury, or death of a person. This subsection applies without regard to
whether the claim or cause of action arises under or is derived from common law,
a statute, or other law, including any claim or cause of action based or sounding
65
Art. 3 Sec. 67
in tort, contract, or any other theory or any combination of theories of liability.
The claim or cause of action includes a medical or health care liability claim as
defi ned by the legislature.
(c) Notwithstanding any other provision of this constitution, after January 1,
2005, the legislature by statute may determine the limit of liability for all damages
and losses, however characterized, other than economic damages, in a claim or
cause of action not covered by Subsection (b) of this section. This subsection
applies without regard to whether the claim or cause of action arises under or is
derived from common law, a statute, or other law, including any claim or cause of
action based or sounding in tort, contract, or any other theory or any combination
of theories of liability.
(d) Except as provided by Subsection (c) of this section, this section applies
to a law enacted by the 78th Legislature, Regular Session, 2003, and to all
subsequent regular or special sessions of the legislature.
(e) A legislative exercise of authority under Subsection (c) of this section
requires a three-fi fths vote of all the members elected to each house and must
include language citing this section. (Added Sept. 13, 2003.)
Sec. 67. CANCER PREVENTION AND RESEARCH INSTITUTE OF
TEXAS. (a) The legislature shall establish the Cancer Prevention and Research
Institute of Texas to:
(1) make grants to provide funds to public or private persons to implement
the Texas Cancer Plan, and to institutions of learning and to advanced medical
research facilities and collaborations in this state for:
(A) research into the causes of and cures for all forms of cancer in
humans;
(B) facilities for use in research into the causes of and cures for cancer;
and
(C) research, including translational research, to develop therapies, protocols,
medical pharmaceuticals, or procedures for the cure or substantial mitigation of
all types of cancer in humans;
(2) support institutions of learning and advanced medical research facilities
and collaborations in this state in all stages in the process of fi nding the causes
of all types of cancer in humans and developing cures, from laboratory research
to clinical trials and including programs to address the problem of access to
advanced cancer treatment; and
(3) establish the appropriate standards and oversight bodies to ensure the
proper use of funds authorized under this provision for cancer research and
facilities development.
(b) The members of the governing body and any other decision-making
body of the Cancer Prevention and Research Institute of Texas may serve fouryear
terms.
(c) The legislature by general law may authorize the Texas Public Finance
Authority to provide for, issue, and sell general obligation bonds of the State
of Texas on behalf of the Cancer Prevention and Research Institute of Texas in
66
Art. 3 Sec. 67
an amount not to exceed $3 billion and to enter into related credit agreements.
The Texas Public Finance Authority may not issue more than $300 million in
bonds authorized by this subsection in a year. The bonds shall be executed in
the form, on the terms, and in the denominations, bear interest, and be issued in
installments as prescribed by the Texas Public Finance Authority.
(d) Proceeds from the sale of the bonds shall be deposited in separate funds
or accounts, as provided by general law, within the state treasury to be used by
the Cancer Prevention and Research Institute of Texas for the purposes of this
section.
(e) Notwithstanding any other provision of this constitution, the Cancer
Prevention and Research Institute of Texas, which is established in state
government, may use the proceeds from bonds issued under Subsection (c) of
this section and federal or private grants and gifts to pay for:
(1) grants for cancer research, for research facilities, and for research
opportunities in this state to develop therapies, protocols, medical pharmaceuticals,
or procedures for the cure or substantial mitigation of all types of cancer in
humans;
(2) grants for cancer prevention and control programs in this state to mitigate
the incidence of all types of cancer in humans;
(3) the purchase, subject to approval by the Cancer Prevention and Research
Institute, of laboratory facilities by or on behalf of a state agency or grant
recipient; and
(4) the operation of the Cancer Prevention and Research Institute of
Texas.
(f) The bond proceeds may be used to pay the costs of issuing the bonds and
any administrative expense related to the bonds.
(g) While any of the bonds or interest on the bonds authorized by this section
is outstanding and unpaid, from the fi rst money coming into the state treasury
in each fi scal year not otherwise appropriated by this constitution, an amount
suffi cient to pay the principal of and interest on bonds that mature or become
due during the fi scal year and to make payments that become due under a related
credit agreement during the fi scal year is appropriated, less the amount in the
sinking fund at the close of the previous fi scal year.
(h) Bonds issued under this section, after approval by the attorney general,
registration by the comptroller of public accounts, and delivery to the purchasers,
are incontestable and are general obligations of the State of Texas under this
constitution.
(i) Before the Cancer Prevention and Research Institute of Texas may make
a grant of any proceeds of the bonds issued under this section, the recipient of
the grant must have an amount of funds equal to one-half the amount of the grant
dedicated to the research that is the subject of the grant request.
(j) The Texas Public Finance Authority shall consider using a business whose
principal place of business is located in the state to issue the bonds authorized
by this section and shall include using a historically underutilized business as
defi ned by general law. (Added Nov. 6, 2007.)
67
Art. 4 Sec. 1
ARTICLE 4
EXECUTIVE DEPARTMENT
Sec. 1. OFFICERS CONSTITUTING THE EXECUTIVE
DEPARTMENT. The Executive Department of the State shall consist of a
Governor, who shall be the Chief Executive Offi cer of the State, a Lieutenant
Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of
the General Land Offi ce, and Attorney General. (Amended Nov. 7, 1995.)
Sec. 2. ELECTION OF OFFICERS OF EXECUTIVE DEPARTMENT.
All the above offi cers of the Executive Department (except Secretary of State)
shall be elected by the qualifi ed voters of the State at the time and places of
election for members of the Legislature.
Sec. 3. RETURNS OF ELECTION; DECLARATION OF ELECTION;
TIE VOTES; CONTESTS. The returns of every election for said executive
offi cers, until otherwise provided by law, shall be made out, sealed up, and
transmitted by the returning offi cers prescribed by law, to the seat of Government,
directed to the Secretary of State, who shall deliver the same to the Speaker of
the House of Representatives, as soon as the Speaker shall be chosen, and the
said Speaker shall, during the fi rst week of the session of the Legislature, open
and publish them in the presence of both Houses of the Legislature. The person,
voted for at said election, having the highest number of votes for each of said
offi ces respectively, and being constitutionally eligible, shall be declared by the
Speaker, under sanction of the Legislature, to be elected to said offi ce. But, if two
or more persons shall have the highest and an equal number of votes for either of
said offi ces, one of them shall be immediately chosen to such offi ce by joint vote
of both Houses of the Legislature. Contested elections for either of said offi ces,
shall be determined by both Houses of the Legislature in joint session.
Sec. 3a. DEATH, DISABILITY, OR FAILURE TO QUALIFY OF
PERSON RECEIVING HIGHEST VOTE. If, at the time the Legislature shall
canvass the election returns for the offi ces of Governor and Lieutenant Governor,
the person receiving the highest number of votes for the offi ce of Governor, as
declared by the Speaker, has died, fails to qualify, or for any other reason is unable
to assume the offi ce of Governor, then the person having the highest number of
votes for the offi ce of Lieutenant Governor shall become Governor for the full
term to which the person was elected as Governor. By becoming the Governor,
the person forfeits the offi ce of Lieutenant Governor, and the resulting vacancy in
the offi ce of Lieutenant Governor shall be fi lled as provided by Section 9, Article
III, of this Constitution. If the person with the highest number of votes for the
offi ce of Governor, as declared by the Speaker, becomes temporarily unable to take
offi ce, then the Lieutenant Governor shall act as Governor until the person with
the highest number of votes for the offi ce of Governor becomes able to assume the
offi ce of Governor. Any succession to the Governorship not otherwise provided
for in this Constitution, may be provided for by law; provided, however, that
any person succeeding to the offi ce of Governor shall be qualifi ed as otherwise
provided in this Constitution, and shall, during the entire term to which he may
succeed, be under all the restrictions and inhibitions imposed in this Constitution
on the Governor. (Added Nov. 2, 1948; amended Nov. 2, 1999.)
68
Art. 4 Sec. 4
Sec. 4. INSTALLATION OF GOVERNOR; TERM; ELIGIBILITY.
The Governor elected at the general election in 1974, and thereafter, shall be
installed on the fi rst Tuesday after the organization of the Legislature, or as soon
thereafter as practicable, and shall hold his offi ce for the term of four years, or
until his successor shall be duly installed. He shall be at least thirty years of age,
a citizen of the United States, and shall have resided in this State at least fi ve
years immediately preceding his election. (Amended Nov. 7, 1972.)
Sec. 5. COMPENSATION OF GOVERNOR. The Governor shall, at
stated times, receive as compensation for his services an annual salary in an
amount to be fi xed by the Legislature, and shall have the use and occupation of
the Governor’s Mansion, fi xtures and furniture. (Amended Nov. 3, 1936, and
Nov. 2, 1954.)
Sec. 6. HOLDING OTHER OFFICES; PRACTICE OF PROFESSION;
OTHER SALARY, REWARD, OR COMPENSATION. During the time he
holds the offi ce of Governor, he shall not hold any other offi ce: civil, military
or corporate; nor shall he practice any profession, and receive compensation,
reward, fee, or the promise thereof for the same; nor receive any salary, reward
or compensation or the promise thereof from any person or corporation, for any
service rendered or performed during the time he is Governor, or to be thereafter
rendered or performed.
Sec. 7. COMMANDER-IN-CHIEF OF MILITARY FORCES; CALLING
FORTH MILITIA. He shall be Commander-in-Chief of the military forces of the
State, except when they are called into actual service of the United States. He shall
have power to call forth the militia to execute the laws of the State, to suppress
insurrections, and to repel invasions. (Amended Nov. 2, 1999.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 7: See Appendix, Note 1.)
Sec. 8. CONVENING LEGISLATURE ON EXTRAORDINARY
OCCASIONS. (a) The Governor may, on extraordinary occasions, convene the
Legislature at the seat of Government, or at a different place, in case that should
be in possession of the public enemy or in case of the prevalence of disease
threat. His proclamation therefor shall state specifi cally the purpose for which
the Legislature is convened.
(b) The Governor shall convene the Legislature in special session to appoint
presidential electors if the Governor determines that a reasonable likelihood
exists that a fi nal determination of the appointment of electors will not occur
before the deadline prescribed by law to ascertain a conclusive determination of
the appointment. The Legislature may not consider any subject other than the
appointment of electors at that special session. (Amended Nov. 6, 2001.)
Sec. 9. GOVERNOR’S MESSAGE AND RECOMMENDATIONS;
ACCOUNTING FOR PUBLIC MONEY; ESTIMATES OF MONEY
REQUIRED. The Governor shall, at the commencement of each session of
the Legislature, and at the close of his term of offi ce, give to the Legislature
information, by message, of the condition of the State; and he shall recommend
to the Legislature such measures as he may deem expedient. He shall account
to the Legislature for all public moneys received and paid out by him, from any
funds subject to his order, with vouchers; and shall accompany his message with
69
Art. 4 Sec. 10
a statement of the same. And at the commencement of each regular session, he
shall present estimates of the amount of money required to be raised by taxation
for all purposes.
Sec. 10. EXECUTION OF LAWS; CONDUCT OF BUSINESS WITH
OTHER STATES AND UNITED STATES. He shall cause the laws to be
faithfully executed and shall conduct, in person, or in such manner as shall be
prescribed by law, all intercourse and business of the State with other States and
with the United States.
Sec. 11. BOARD OF PARDONS AND PAROLES; PAROLE LAWS;
REPRIEVES, COMMUTATIONS, AND PARDONS; REMISSION OF
FINES AND FORFEITURES. (a) The Legislature shall by law establish a Board
of Pardons and Paroles and shall require it to keep record of its actions and the
reasons for its actions. The Legislature shall have authority to enact parole laws
and laws that require or permit courts to inform juries about the effect of good
conduct time and eligibility for parole or mandatory supervision on the period
of incarceration served by a defendant convicted of a criminal offense.
(b) In all criminal cases, except treason and impeachment, the Governor shall
have power, after conviction, on the written signed recommendation and advice
of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and
commutations of punishment and pardons; and under such rules as the Legislature
may prescribe, and upon the written recommendation and advice of a majority
of the Board of Pardons and Paroles, he shall have the power to remit fi nes and
forfeitures. The Governor shall have the power to grant one reprieve in any
capital case for a period not to exceed thirty (30) days; and he shall have power
to revoke conditional pardons. With the advice and consent of the Legislature,
he may grant reprieves, commutations of punishment and pardons in cases of
treason. (Amended Nov. 3, 1936, Nov. 8, 1983, and Nov. 7, 1989.)
Sec. 11A. SUSPENSION OF SENTENCE AND PROBATION. The
Courts of the State of Texas having original jurisdiction of criminal actions
shall have the power, after conviction, to suspend the imposition or execution
of sentence and to place the defendant upon probation and to reimpose such
sentence, under such conditions as the Legislature may prescribe. (Added Aug.
24, 1935.)
Sec. 11B. CRIMINAL JUSTICE AGENCIES. (a) The legislature by
law may organize and combine into one or more agencies all agencies of the
state that:
(1) have authority over the confi nement or supervision of persons convicted
of criminal offenses;
(2) set standards or distribute state funds to political subdivisions that have
authority over the confi nement or supervision of persons convicted of criminal
offenses; or
(3) gather information about the administration of criminal justice.
(b) The legislature by law may authorize the appointment of members of
more than one department of government to serve on the governing body. (Added
Nov. 7, 1989.)
70
Art. 4 Sec. 12
Sec. 12. VACANCIES IN STATE OR DISTRICT OFFICES. (a) All
vacancies in State or district offi ces, except members of the Legislature, shall be
fi lled unless otherwise provided by law by appointment of the Governor.
(b) An appointment of the Governor made during a session of the Senate
shall be with the advice and consent of two-thirds of the Senate present.
(c) In accordance with this section, the Senate may give its advice and
consent on an appointment of the Governor made during a recess of the Senate. To
be confi rmed, the appointment must be with the advice and consent of two-thirds
of the Senate present. If an appointment of the Governor is made during the
recess of the Senate, the Governor shall nominate the appointee, or some other
person to fi ll the vacancy, to the Senate during the fi rst ten days of its next session
following the appointment. If the Senate does not confi rm a person under this
subsection, the Governor shall nominate in accordance with this section the recess
appointee or another person to fi ll the vacancy during the fi rst ten days of each
subsequent session of the Senate until a confi rmation occurs. If the Governor
does not nominate a person to the Senate during the fi rst ten days of a session of
the Senate as required by this subsection, the Senate at that session may consider
the recess appointee as if the Governor had nominated the appointee.
(d) If the Senate, at any special session, does not take fi nal action to confi rm
or reject a previously unconfi rmed recess appointee or another person nominated
to fi ll the vacancy for which the appointment was made:
(1) the Governor after the session may appoint another person to fi ll the
vacancy; and
(2) the appointee, if otherwise qualifi ed and if not removed as provided by
law, is entitled to continue in offi ce until the earlier of the following occurs:
(A) the Senate rejects the appointee at a subsequent session; or
(B) the Governor appoints another person to fill the vacancy under
Subdivision (1) of this subsection.
(e) If the Senate, at a regular session, does not take fi nal action to confi rm
or reject a previously unconfi rmed recess appointee or another person nominated
to fi ll the vacancy for which the appointment was made, the appointee or other
person, as appropriate, is considered to be rejected by the Senate when the Senate
session ends.
(f) If an appointee is rejected, the offi ce shall immediately become vacant,
and the Governor shall, without delay, make further nominations, until a
confi rmation takes place. If a person has been rejected by the Senate to fi ll a
vacancy, the Governor may not appoint the person to fi ll the vacancy or, during
the term of the vacancy for which the person was rejected, to fi ll another vacancy
in the same offi ce or on the same board, commission, or other body.
(g) Appointments to vacancies in offi ces elective by the people shall only
continue until the next general election.
(h) The Legislature by general law may limit the term to be served by a
person appointed by the Governor to fi ll a vacancy in a state or district offi ce to a
period that ends before the vacant term otherwise expires or, for an elective offi ce,
71
Art. 4 Sec. 13
before the next election at which the vacancy is to be fi lled, if the appointment is
made on or after November 1 preceding the general election for the succeeding
term of the offi ce of Governor and the Governor is not elected at that election
to the succeeding term.
(i) For purposes of this section, the expiration of a term of offi ce or the
creation of a new offi ce constitutes a vacancy. (Amended Nov. 3, 1987, and
Nov. 6, 1990.)
(j) (Added Nov. 6, 1990; expired Jan. 1, 1991.)
Sec. 13. RESIDENCE OF GOVERNOR. During the session of the
Legislature the Governor shall reside where its sessions are held, and at all other
times at the seat of Government, except when by act of the Legislature, he may
be required or authorized to reside elsewhere.
Sec. 14. APPROVAL OR DISAPPROVAL OF BILLS; RETURN AND
RECONSIDERATION; FAILURE TO RETURN; DISAPPROVAL OF
ITEMS OF APPROPRIATION. Every bill which shall have passed both
houses of the Legislature shall be presented to the Governor for his approval.
If he approve he shall sign it; but if he disapprove it, he shall return it, with his
objections, to the House in which it originated, which House shall enter the
objections at large upon its journal, and proceed to reconsider it. If after such
reconsideration, two-thirds of the members present agree to pass the bill, it shall
be sent, with the objections, to the other House, by which likewise it shall be
reconsidered; and, if approved by two-thirds of the members of that House, it
shall become a law; but in such cases the votes of both Houses shall be determined
by yeas and nays, and the names of the members voting for and against the bill
shall be entered on the journal of each House respectively. If any bill shall not be
returned by the Governor with his objections within ten days (Sundays excepted)
after it shall have been presented to him, the same shall be a law, in like manner as
if he had signed it, unless the Legislature, by its adjournment, prevent its return,
in which case it shall be a law, unless he shall fi le the same, with his objections, in
the offi ce of the Secretary of State and give notice thereof by public proclamation
within twenty days after such adjournment. If any bill presented to the Governor
contains several items of appropriation he may object to one or more of such
items, and approve the other portion of the bill. In such case he shall append to
the bill, at the time of signing it, a statement of the items to which he objects,
and no item so objected to shall take effect. If the Legislature be in session, he
shall transmit to the House in which the bill originated a copy of such statement
and the items objected to shall be separately considered. If, on reconsideration,
one or more of such items be approved by two-thirds of the members present of
each House, the same shall be part of the law, notwithstanding the objections
of the Governor. If any such bill, containing several items of appropriation,
not having been presented to the Governor ten days (Sundays excepted) prior
to adjournment, be in the hands of the Governor at the time of adjournment, he
shall have twenty days from such adjournment within which to fi le objections
to any items thereof and make proclamation of the same, and such item or items
shall not take effect.
72
Art. 4 Sec. 15
Sec. 15. APPROVAL OR DISAPPROVAL OF ORDERS, RESOLUTIONS,
OR VOTES. Every order, resolution or vote to which the concurrence of both
Houses of the Legislature may be necessary, except on questions of adjournment,
shall be presented to the Governor, and, before it shall take effect, shall be
approved by him; or, being disapproved, shall be repassed by both Houses, and
all the rules, provisions and limitations shall apply thereto as prescribed in the
last preceding section in the case of a bill.
Sec. 16. LIEUTENANT GOVERNOR. (a) There shall also be a Lieutenant
Governor, who shall be chosen at every election for Governor by the same voters,
in the same manner, continue in offi ce for the same time, and possess the same
qualifi cations. The voters shall distinguish for whom they vote as Governor and
for whom as Lieutenant Governor.
(b) The Lieutenant Governor shall by virtue of his offi ce be President of
the Senate, and shall have, when in Committee of the Whole, a right to debate
and vote on all questions; and when the Senate is equally divided to give the
casting vote.
(c) In the case of the temporary inability or temporary disqualifi cation of
the Governor to serve, the impeachment of the Governor, or the absence of the
Governor from the State, the Lieutenant Governor shall exercise the powers and
authority appertaining to the offi ce of Governor until the Governor becomes able
or qualifi ed to resume serving, is acquitted, or returns to the State.
(d) If the Governor refuses to serve or becomes permanently unable to serve,
or if the offi ce of Governor becomes vacant, the Lieutenant Governor becomes
Governor for the remainder of the term being served by the Governor who refused
or became unable to serve or vacated the offi ce. On becoming Governor, the
person vacates the offi ce of Lieutenant Governor, and the resulting vacancy in the
offi ce of Lieutenant Governor shall be fi lled in the manner provided by Section 9,
Article III, of this Constitution. (Subsecs. (a), (b), and (c) amended and Subsec.
(d) added Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec.
16: See Appendix, Note 1.)
Sec. 17. DEATH, RESIGNATION, REFUSAL TO SERVE,
REMOVAL, INABILITY TO SERVE, IMPEACHMENT, OR ABSENCE;
COMPENSATION. (a) If, while exercising the powers and authority
appertaining to the offi ce of Governor under Section 16(c) of this article, the
Lieutenant Governor becomes temporarily unable or disqualifi ed to serve, is
impeached, or is absent from the State, the President pro tempore of the Senate,
for the time being, shall exercise the powers and authority appertaining to the
offi ce of Governor until the Governor or Lieutenant Governor reassumes those
powers and duties.
(b) The Lieutenant Governor shall, while acting as President of the Senate,
receive for his or her services the same compensation and mileage which shall
be allowed to the members of the Senate, and no more unless the Texas Ethics
Commission recommends and the voters approve a higher salary, in which case
the salary is that amount; and during the time the Lieutenant Governor exercises
the powers and authority appertaining to the offi ce of Governor, the Lieutenant
Governor shall receive in like manner the same compensation which the Governor
73
Art. 4 Sec. 18
would have received had the Governor been employed in the duties of that offi ce,
and no more. An increase in the emoluments of the offi ce of Lieutenant Governor
does not make a member of the Legislature ineligible to serve in the offi ce of
Lieutenant Governor.
(c) The President pro tempore of the Senate shall, during the time that offi cer
exercises the powers and authority appertaining to the offi ce of Governor, receive
in like manner the same compensation which the Governor would have received
had the Governor been employed in the duties of that offi ce. (Amended Nov. 5,
1991; amended Nov. 2, 1999.)
Sec. 18. RESTRICTIONS AND INHIBITIONS. The Lieutenant Governor
or President pro tempore of the Senate shall, during the time the Lieutenant
Governor or President pro tempore exercises the powers and authority appertaining
to the offi ce of Governor, be under all the restrictions and inhibitions imposed in
this Constitution on the Governor. (Amended Nov. 2, 1999.)
Sec. 19. SEAL OF STATE. There shall be a Seal of the State which shall
be kept by the Secretary of State, and used by him offi cially under the direction
of the Governor. The Seal of the State shall be a star of fi ve points encircled by
olive and live oak branches, and the words “The State of Texas.”
Sec. 20. COMMISSIONS. All commissions shall be in the name and by the
authority of the State of Texas, sealed with the State Seal, signed by the Governor
and attested by the Secretary of State.
Sec. 21. SECRETARY OF STATE. There shall be a Secretary of State,
who shall be appointed by the Governor, by and with the advice and consent of
the Senate, and who shall continue in offi ce during the term of service of the
Governor. He shall authenticate the publication of the laws, and keep a fair
register of all offi cial acts and proceedings of the Governor, and shall, when
required, lay the same and all papers, minutes and vouchers relative thereto,
before the Legislature, or either House thereof, and shall perform such other
duties as may be required of him by law. He shall receive for his services an
annual salary in an amount to be fi xed by the Legislature. (Amended Nov. 3,
1936, and Nov. 2, 1954.)
Sec. 22. ATTORNEY GENERAL. The Attorney General shall represent
the State in all suits and pleas in the Supreme Court of the State in which the
State may be a party, and shall especially inquire into the charter rights of all
private corporations, and from time to time, in the name of the State, take such
action in the courts as may be proper and necessary to prevent any private
corporation from exercising any power or demanding or collecting any species
of taxes, tolls, freight or wharfage not authorized by law. He shall, whenever
suffi cient cause exists, seek a judicial forfeiture of such charters, unless otherwise
expressly directed by law, and give legal advice in writing to the Governor and
other executive offi cers, when requested by them, and perform such other duties
as may be required by law. (Amended Nov. 3, 1936, Nov. 2, 1954, Nov. 7, 1972,
and Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 22:
See Appendix, Note 1.)
74
Art. 4 Sec. 23
Sec. 23. COMPTROLLER OF PUBLIC ACCOUNTS; COMMISSIONER
OF GENERAL LAND OFFICE; ELECTED STATUTORY STATE
OFFICERS; TERM; SALARY; FEES, COSTS AND PERQUISITES.
The Comptroller of Public Accounts, the Commissioner of the General Land
Offi ce, the Attorney General, and any statutory State offi cer who is elected by
the electorate of Texas at large, unless a term of offi ce is otherwise specifi cally
provided in this Constitution, shall each hold offi ce for the term of four years.
Each shall receive an annual salary in an amount to be fi xed by the Legislature;
reside at the Capital of the State during his continuance in offi ce, and perform
such duties as are or may be required by law. They and the Secretary of State
shall not receive to their own use any fees, costs or perquisites of offi ce. All fees
that may be payable by law for any service performed by any offi cer specifi ed in
this section or in his offi ce, shall be paid, when received, into the State Treasury.
(Amended Nov. 3, 1936, Nov. 2, 1954, Nov. 7, 1972, Nov. 7, 1995, and Nov. 2,
1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 23: See Appendix,
Note 1.)
Sec. 24. ACCOUNTS AND REPORTS; INFORMATION TO, AND
INSPECTION BY, GOVERNOR; PERJURY. An account shall be kept by
the offi cers of the Executive Department, and by all offi cers and managers of
State institutions, of all moneys and choses in action received and disbursed or
otherwise disposed of by them, severally, from all sources, and for every service
performed; and a semi-annual report thereof shall be made to the Governor
under oath. The Governor may, at any time, require information in writing
from any and all of said offi cers or managers, upon any subject relating to the
duties, condition, management and expenses of their respective offi ces and
institutions, which information shall be required by the Governor under oath,
and the Governor may also inspect their books, accounts, vouchers and public
funds; and any offi cer or manager who, at any time, shall wilfully make a false
report or give false information, shall be guilty of perjury, and so adjudged, and
punished accordingly, and removed from offi ce.
Sec. 25. CUSTODIANS OF PUBLIC FUNDS; BREACHES OF TRUST
AND DUTY. The Legislature shall pass effi cient laws facilitating the investigation
of breaches of trust and duty by all custodians of public funds and providing for
their suspension from offi ce on reasonable cause shown, and for the appointment
of temporary incumbents of their offi ces during such suspension.
Sec. 26. NOTARIES PUBLIC. (a) The Secretary of State shall appoint a
convenient number of Notaries Public for the state who shall perform such duties
as now are or may be prescribed by law. The qualifi cations of Notaries Public
shall be prescribed by law.
(b) The terms of offi ce of Notaries Public shall be not less than two years
nor more than four years as provided by law. (Amended Nov. 5, 1940; Subsec.
(b) amended Nov. 6, 1979.)
75
Art. 5 Sec. 1
ARTICLE 5
JUDICIAL DEPARTMENT
Sec. 1. JUDICIAL POWER; COURTS IN WHICH VESTED. The
judicial power of this State shall be vested in one Supreme Court, in one Court
of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts,
in Commissioners Courts, in Courts of Justices of the Peace, and in such other
courts as may be provided by law.
The Legislature may establish such other courts as it may deem necessary
and prescribe the jurisdiction and organization thereof, and may conform the
jurisdiction of the district and other inferior courts thereto. (Amended Aug. 11,
1891, Nov. 8, 1977, and Nov. 4, 1980.)
Sec. 1-a. RETIREMENT, CENSURE, REMOVAL, AND
COMPENSATION OF JUSTICES AND JUDGES; STATE COMMISSION
ON JUDICIAL CONDUCT; PROCEDURE. (1) Subject to the further
provisions of this Section, the Legislature shall provide for the retirement and
compensation of Justices and Judges of the Appellate Courts and District and
Criminal District Courts on account of length of service, age and disability, and
for their reassignment to active duty where and when needed. The offi ce of every
such Justice and Judge shall become vacant on the expiration of the term during
which the incumbent reaches the age of seventy-fi ve (75) years or such earlier
age, not less than seventy (70) years, as the Legislature may prescribe, except
that if a Justice or Judge elected to serve or fi ll the remainder of a six-year term
reaches the age of seventy-fi ve (75) years during the fi rst four years of the term,
the offi ce of that Justice or Judge shall become vacant on December 31 of the
fourth year of the term to which the Justice or Judge was elected.
(2) The State Commission on Judicial Conduct consists of thirteen (13)
members, to wit: (i) one (1) Justice of a Court of Appeals; (ii) one (1) District
Judge; (iii) two (2) members of the State Bar, who have respectively practiced
as such for over ten (10) consecutive years next preceding their selection; (iv)
fi ve (5) citizens, at least thirty (30) years of age, not licensed to practice law
nor holding any salaried public offi ce or employment; (v) one (1) Justice of the
Peace; (vi) one (1) Judge of a Municipal Court; (vii) one (1) Judge of a County
Court at Law; and (viii) one (1) Judge of a Constitutional County Court; provided
that no person shall be or remain a member of the Commission, who does not
maintain physical residence within this State, or who shall have ceased to retain
the qualifi cations above specifi ed for that person’s respective class of membership,
and provided that a Commissioner of class (i), (ii), (iii), (vii), or (viii) may not
reside or hold a judgeship in the same court of appeals district as another member
of the Commission. Commissioners of classes (i), (ii), (vii), and (viii) above shall
be chosen by the Supreme Court with advice and consent of the Senate, those
of class (iii) by the Board of Directors of the State Bar under regulations to be
prescribed by the Supreme Court with advice and consent of the Senate, those of
class (iv) by appointment of the Governor with advice and consent of the Senate,
and the commissioners of classes (v) and (vi) by appointment of the Supreme
Court as provided by law, with the advice and consent of the Senate.
76
Art. 5 Sec. 1-a
(3) The regular term of offi ce of Commissioners shall be six (6) years; but
the initial members of each of classes (i), (ii) and (iii) shall respectively be chosen
for terms of four (4) and six (6) years, and the initial members of class (iiii) for
respective terms of two (2), four (4) and six (6) years. Interim vacancies shall be
fi lled in the same manner as vacancies due to expiration of a full term, but only
for the unexpired portion of the term in question. Commissioners may succeed
themselves in offi ce only if having served less than three (3) consecutive years.
(4) Commissioners shall receive no compensation for their services as such.
The Legislature shall provide for the payment of the necessary expense for the
operation of the Commission.
(5) The Commission may hold its meetings, hearings and other proceedings
at such times and places as it shall determine but shall meet at Austin at least once
each year. It shall annually select one of its members as Chairman. A quorum
shall consist of seven (7) members. Proceedings shall be by majority vote of
those present, except that recommendations for retirement, censure, suspension,
or removal of any person holding an offi ce named in Paragraph A of Subsection
(6) of this Section shall be by affi rmative vote of at least seven (7) members.
(6) A. Any Justice or Judge of the courts established by this Constitution
or created by the Legislature as provided in Section 1, Article V, of this
Constitution, may, subject to the other provisions hereof, be removed from offi ce
for willful or persistent violation of rules promulgated by the Supreme Court
of Texas, incompetence in performing the duties of the offi ce, willful violation
of the Code of Judicial Conduct, or willful or persistent conduct that is clearly
inconsistent with the proper performance of his duties or casts public discredit
upon the judiciary or administration of justice. Any person holding such offi ce
may be disciplined or censured, in lieu of removal from offi ce, as provided by
this section. Any person holding an offi ce specifi ed in this subsection may be
suspended from offi ce with or without pay by the Commission immediately on
being indicted by a State or Federal grand jury for a felony offense or charged
with a misdemeanor involving offi cial misconduct. On the fi ling of a sworn
complaint charging a person holding such offi ce with willful or persistent
violation of rules promulgated by the Supreme Court of Texas, incompetence
in performing the duties of the offi ce, willful violation of the Code of Judicial
Conduct, or willful and persistent conduct that is clearly inconsistent with the
proper performance of his duties or casts public discredit on the judiciary or on
the administration of justice, the Commission, after giving the person notice and
an opportunity to appear and be heard before the Commission, may recommend
to the Supreme Court the suspension of such person from offi ce. The Supreme
Court, after considering the record of such appearance and the recommendation
of the Commission, may suspend the person from offi ce with or without pay,
pending fi nal disposition of the charge.
B. Any person holding an offi ce named in Paragraph A of this subsection who
is eligible for retirement benefi ts under the laws of this state providing for judicial
retirement may be involuntarily retired, and any person holding an offi ce named
in that paragraph who is not eligible for retirement benefi ts under such laws may
be removed from offi ce, for disability seriously interfering with the performance
of his duties, which is, or is likely to become, permanent in nature.
77
Art. 5 Sec. 1-a
C. The law relating to the removal, discipline, suspension, or censure of a
Justice or Judge of the courts established by this Constitution or created by the
Legislature as provided in this Constitution applies to a master or magistrate
appointed as provided by law to serve a trial court of this State and to a retired
or former Judge who continues as a judicial offi cer subject to an assignment to
sit on a court of this State. Under the law relating to the removal of an active
Justice or Judge, the Commission and the review tribunal may prohibit a retired
or former Judge from holding judicial offi ce in the future or from sitting on a
court of this State by assignment.
(7) The Commission shall keep itself informed as fully as may be of
circumstances relating to the misconduct or disability of particular persons
holding an offi ce named in Paragraph A of Subsection (6) of this Section, receive
complaints or reports, formal or informal, from any source in this behalf and
make such preliminary investigations as it may determine. Its orders for the
attendance or testimony of witnesses or for the production of documents at any
hearing or investigation shall be enforceable by contempt proceedings in the
District Court or by a Master.
(8) After such investigation as it deems necessary, the Commission may
in its discretion issue a private or public admonition, warning, reprimand, or
requirement that the person obtain additional training or education, or if the
Commission determines that the situation merits such action, it may institute
formal proceedings and order a formal hearing to be held before it concerning the
public censure, removal, or retirement of a person holding an offi ce or position
specifi ed in Subsection (6) of this Section, or it may in its discretion request the
Supreme Court to appoint an active or retired District Judge or Justice of a Court
of Appeals, or retired Judge or Justice of the Court of Criminal Appeals or the
Supreme Court, as a Master to hear and take evidence in any such matter, and
to report thereon to the Commission. The Master shall have all the power of a
District Judge in the enforcement of orders pertaining to witnesses, evidence,
and procedure. If, after formal hearing, or after considering the record and
report of a Master, the Commission fi nds good cause therefor, it shall issue an
order of public censure or it shall recommend to a review tribunal the removal
or retirement, as the case may be, of the person in question holding an offi ce or
position specifi ed in Subsection (6) of this Section and shall thereupon fi le with
the tribunal the entire record before the Commission.
(9) A tribunal to review the Commission’s recommendation for the removal
or retirement of a person holding an offi ce or position specifi ed in Subsection
(6) of this Section is composed of seven (7) Justices or Judges of the Courts of
Appeals who are selected by lot by the Chief Justice of the Supreme Court. Each
Court of Appeals shall designate one of its members for inclusion in the list from
which the selection is made. Service on the tribunal shall be considered part of
the offi cial duties of a judge, and no additional compensation may be paid for
such service. The review tribunal shall review the record of the proceedings on
the law and facts and in its discretion may, for good cause shown, permit the
introduction of additional evidence. Within 90 days after the date on which the
record is fi led with the review tribunal, it shall order public censure, retirement
or removal, as it fi nds just and proper, or wholly reject the recommendation. A
78
Art. 5 Sec. 1-a
Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal
to the Supreme Court under the substantial evidence rule. Upon an order for
involuntary retirement for disability or an order for removal, the offi ce in question
shall become vacant. The review tribunal, in an order for involuntary retirement
for disability or an order for removal, may prohibit such person from holding
judicial offi ce in the future. The rights of an incumbent so retired to retirement
benefi ts shall be the same as if his retirement had been voluntary.
(10) All papers fi led with and proceedings before the Commission or a Master
shall be confi dential, unless otherwise provided by law, and the fi ling of papers
with, and the giving of testimony before the Commission or a Master shall be
privileged, unless otherwise provided by law. However, the Commission may
issue a public statement through its executive director or its Chairman at any
time during any of its proceedings under this Section when sources other than
the Commission cause notoriety concerning a Judge or the Commission itself
and the Commission determines that the best interests of a Judge or of the public
will be served by issuing the statement.
(11) The Supreme Court shall by rule provide for the procedure before
the Commission, Masters, review tribunal, and the Supreme Court. Such rule
shall provide the right of discovery of evidence to a Justice, Judge, Master, or
Magistrate after formal proceedings are instituted and shall afford to any person
holding an offi ce or position specifi ed in Subsection (6) of this Section, against
whom a proceeding is instituted to cause his retirement or removal, due process
of law for the procedure before the Commission, Masters, review tribunal, and the
Supreme Court in the same manner that any person whose property rights are in
jeopardy in an adjudicatory proceeding is entitled to due process of law, regardless
of whether or not the interest of the person holding an offi ce or position specifi ed
in Subsection (6) of this Section in remaining in active status is considered to
be a right or a privilege. Due process shall include the right to notice, counsel,
hearing, confrontation of his accusers, and all such other incidents of due process
as are ordinarily available in proceedings whether or not misfeasance is charged,
upon proof of which a penalty may be imposed.
(12) No person holding an offi ce specifi ed in Subsection (6) of this Section
shall sit as a member of the Commission in any proceeding involving his own
suspension, discipline, censure, retirement or removal.
(13) This Section 1-a is alternative to and cumulative of, the methods of
removal of persons holding an offi ce named in Paragraph A of Subsection (6) of
this Section provided elsewhere in this Constitution.
(14) The Legislature may promulgate laws in furtherance of this Section that
are not inconsistent with its provisions. (Added Nov. 2, 1948; Subsecs. (1)-(13)
amended Nov. 2, 1965; Subsecs. (5)-(9) and (11)-(13) amended Nov. 3, 1970;
Subsecs. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. (2), (6), and
(8)-(12) amended and (14) added Nov. 6, 1984; Subsecs. (1) and (2) amended
Nov. 6, 2001; Subsecs. (2) and (5) amended Nov. 8, 2005; Subsec. (1) amended
Nov. 6, 2007.) (TEMPORARY TRANSITION PROVISION for Sec. 1-a: See
Appendix, Note 3.)
79
Art. 5 Sec. 2
Sec. 2. SUPREME COURT; JUSTICES; SECTIONS; ELIGIBILITY;
ELECTION; VACANCIES. (a) The Supreme Court shall consist of the Chief
Justice and eight Justices, any fi ve of whom shall constitute a quorum, and the
concurrence of fi ve shall be necessary to a decision of a case; provided, that when
the business of the court may require, the court may sit in sections as designated
by the court to hear argument of causes and to consider applications for writs of
error or other preliminary matters.
(b) No person shall be eligible to serve in the offi ce of Chief Justice or Justice
of the Supreme Court unless the person is licensed to practice law in this state
and is, at the time of election, a citizen of the United States and of this state, and
has attained the age of thirty-fi ve years, and has been a practicing lawyer, or a
lawyer and judge of a court of record together at least ten years.
(c) Said Justices shall be elected (three of them each two years) by the
qualifi ed voters of the state at a general election; shall hold their offi ces six years;
and shall each receive such compensation as shall be provided by law. (Amended
Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001.) (TEMPORARY
TRANSITION PROVISION for Sec. 2: See Appendix, Note 3.)
Sec. 3. JURISDICTION OF SUPREME COURT; WRITS; CLERK.
(a) The Supreme Court shall exercise the judicial power of the state except as
otherwise provided in this Constitution. Its jurisdiction shall be co-extensive with
the limits of the State and its determinations shall be fi nal except in criminal law
matters. Its appellate jurisdiction shall be fi nal and shall extend to all cases except
in criminal law matters and as otherwise provided in this Constitution or by law.
The Supreme Court and the Justices thereof shall have power to issue writs of
habeas corpus, as may be prescribed by law, and under such regulations as may
be prescribed by law, the said courts and the Justices thereof may issue the writs
of mandamus, procedendo, certiorari and such other writs, as may be necessary
to enforce its jurisdiction. The Legislature may confer original jurisdiction on
the Supreme Court to issue writs of quo warranto and mandamus in such cases
as may be specifi ed, except as against the Governor of the State.
(b) The Supreme Court shall also have power, upon affi davit or otherwise
as by the court may be determined, to ascertain such matters of fact as may be
necessary to the proper exercise of its jurisdiction. (Amended Aug. 11, 1891,
Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 3: See Appendix, Note 3.)
Sec. 3a. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 3a: See Appendix, Note 3.)
Sec. 3-b. APPEAL FROM ORDER GRANTING OR DENYING
INJUNCTION. The Legislature shall have the power to provide by law, for an
appeal direct to the Supreme Court of this State from an order of any trial court
granting or denying an interlocutory or permanent injunction on the grounds of
the constitutionality or unconstitutionality of any statute of this State, or on the
validity or invalidity of any administrative order issued by any state agency under
any statute of this State. (Added Nov. 5, 1940.)
80
Art. 5 Sec. 3-c
Sec. 3-c. JURISDICTION TO ANSWER QUESTIONS OF STATE LAW
CERTIFIED FROM FEDERAL APPELLATE COURT. (a) The supreme
court and the court of criminal appeals have jurisdiction to answer questions of
state law certifi ed from a federal appellate court.
(b) The supreme court and the court of criminal appeals shall promulgate
rules of procedure relating to the review of those questions. (Added Nov. 5,
1985.)
Sec. 4. COURT OF CRIMINAL APPEALS; JUDGES. (a) The Court
of Criminal Appeals shall consist of eight Judges and one Presiding Judge. The
Judges shall have the same qualifi cations and receive the same salaries as the
Associate Justices of the Supreme Court, and the Presiding Judge shall have
the same qualifi cations and receive the same salary as the Chief Justice of the
Supreme Court. The Presiding Judge and the Judges shall be elected by the
qualifi ed voters of the state at a general election and shall hold their offi ces for
a term of six years.
(b) For the purpose of hearing cases, the Court of Criminal Appeals may sit
in panels of three Judges, the designation thereof to be under rules established by
the court. In a panel of three Judges, two Judges shall constitute a quorum and
the concurrence of two Judges shall be necessary for a decision. The Presiding
Judge, under rules established by the court, shall convene the court en banc
for the transaction of all other business and may convene the court en banc for
the purpose of hearing cases. The court must sit en banc during proceedings
involving capital punishment and other cases as required by law. When convened
en banc, fi ve Judges shall constitute a quorum and the concurrence of fi ve
Judges shall be necessary for a decision. The Court of Criminal Appeals may
appoint Commissioners in aid of the Court of Criminal Appeals as provided
by law. (Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6,
2001.) (TEMPORARY TRANSITION PROVISION for Sec. 4: See Appendix,
Note 3.)
Sec. 5. JURISDICTION OF COURT OF CRIMINAL APPEALS;
TERMS OF COURT; CLERK. (a) The Court of Criminal Appeals shall
have fi nal appellate jurisdiction coextensive with the limits of the state, and its
determinations shall be fi nal, in all criminal cases of whatever grade, with such
exceptions and under such regulations as may be provided in this Constitution
or as prescribed by law.
(b) The appeal of all cases in which the death penalty has been assessed shall
be to the Court of Criminal Appeals. The appeal of all other criminal cases shall
be to the Courts of Appeal as prescribed by law. In addition, the Court of Criminal
Appeals may, on its own motion, review a decision of a Court of Appeals in a
criminal case as provided by law. Discretionary review by the Court of Criminal
Appeals is not a matter of right, but of sound judicial discretion.
(c) Subject to such regulations as may be prescribed by law, the Court of
Criminal Appeals and the Judges thereof shall have the power to issue the writ of
habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo,
prohibition, and certiorari. The Court and the Judges thereof shall have the
power to issue such other writs as may be necessary to protect its jurisdiction
81
Art. 5 Sec. 5a
or enforce its judgments. The court shall have the power upon affi davit or
otherwise to ascertain such matters of fact as may be necessary to the exercise
of its jurisdiction. (Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov.
4, 1980, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for
Sec. 5: See Appendix, Note 3.)
Sec. 5a. SUPREME COURT, COURT OF CRIMINAL APPEALS,
COURT OF APPEALS; CLERK OF COURT; TERMS. The Supreme Court,
Court of Criminal Appeals, and each Court of Appeals shall each appoint a clerk
of the court, who shall give bond in the manner required by law, may hold offi ce
for four years subject to removal by the appointing court for good cause entered
of record on the minutes of the court, and shall receive such compensation as the
legislature may provide. (Added Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 5a: See Appendix, Note 3.)
Sec. 5b. SUPREME COURT, COURT OF CRIMINAL APPEALS;
LOCATION; TERM. The Supreme Court and the Court of Criminal Appeals
may sit at any time during the year at the seat of government or, at the court’s
discretion, at any other location in this state for the transaction of business, and
each term of either court shall begin and end with each calendar year. (Added
Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 5b: See
Appendix, Note 3.)
Sec. 6. COURTS OF APPEALS; TERMS OF JUSTICES; CLERKS.
(a) The state shall be divided into courts of appeals districts, with each district
having a Chief Justice, two or more other Justices, and such other offi cials as
may be provided by law. The Justices shall have the qualifi cations prescribed
for Justices of the Supreme Court. The Court of Appeals may sit in sections
as authorized by law. The concurrence of a majority of the judges sitting in a
section is necessary to decide a case. Said Court of Appeals shall have appellate
jurisdiction co-extensive with the limits of their respective districts, which shall
extend to all cases of which the District Courts or County Courts have original or
appellate jurisdiction, under such restrictions and regulations as may be prescribed
by law. Provided, that the decision of said courts shall be conclusive on all
questions of fact brought before them on appeal or error. Said courts shall have
such other jurisdiction, original and appellate, as may be prescribed by law.
(b) Each of said Courts of Appeals shall hold its sessions at a place in its
district to be designated by the Legislature, and at such time as may be prescribed
by law. Said Justices shall be elected by the qualifi ed voters of their respective
districts at a general election, for a term of six years and shall receive for their
services the sum provided by law.
(c) All constitutional and statutory references to the Courts of Civil Appeals
shall be construed to mean the Courts of Appeals. (Amended Aug. 11, 1891,
Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) (TEMPORARY
TRANSITION PROVISION for Sec. 6: See Appendix, Note 3.)
Sec. 7. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR
SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF
JUDGE. The State shall be divided into judicial districts, with each district
having one or more Judges as may be provided by law or by this Constitution.
82
Art. 5 Sec. 7a
Each district judge shall be elected by the qualifi ed voters at a General Election
and shall be a citizen of the United States and of this State, who is licensed to
practice law in this State and has been a practicing lawyer or a Judge of a Court
in this State, or both combined, for four (4) years next preceding his election,
who has resided in the district in which he was elected for two (2) years next
preceding his election, and who shall reside in his district during his term of
offi ce and hold his offi ce for the period of four (4) years, and who shall receive
for his services an annual salary to be fi xed by the Legislature. The Court shall
conduct its proceedings at the county seat of the county in which the case is
pending, except as otherwise provided by law. He shall hold the regular terms
of his Court at the County Seat of each County in his district in such manner
as may be prescribed by law. The Legislature shall have power by General or
Special Laws to make such provisions concerning the terms or sessions of each
Court as it may deem necessary.
The Legislature shall also provide for the holding of District Court when
the Judge thereof is absent, or is from any cause disabled or disqualifi ed from
presiding. (Amended Aug. 11, 1891, Nov. 8, 1949, and Nov. 5, 1985.)
Sec. 7a. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT
OF JUDICIAL DISTRICTS. (a) The Judicial Districts Board is created to
reapportion the judicial districts authorized by Article V, Section 7, of this
constitution.
(b) The membership of the board consists of the Chief Justice of the Texas
Supreme Court who serves as chairman, the presiding judge of the Texas Court
of Criminal Appeals, the presiding judge of each of the administrative judicial
districts of the state, the president of the Texas Judicial Council, and one person
who is licensed to practice law in this state appointed by the governor with the
advice and consent of the senate for a term of four years. In the event of a vacancy
in the appointed membership, the vacancy is fi lled for the unexpired term in the
same manner as the original appointment.
(c) A majority of the total membership of the board constitutes a quorum for
the transaction of business. The adoption of a reapportionment order requires a
majority vote of the total membership of the board.
(d) The reapportionment powers of the board shall be exercised in the
interims between regular sessions of the legislature, except that a reapportionment
may not be ordered by the board during an interim immediately following a regular
session of the legislature in which a valid and subsisting statewide apportionment
of judicial districts is enacted by the legislature. The board has other powers
and duties as provided by the legislature and shall exercise its powers under the
policies, rules, standards, and conditions, not inconsistent with this section, that
the legislature provides.
(e) Unless the legislature enacts a statewide reapportionment of the judicial
districts following each federal decennial census, the board shall convene not
later than the fi rst Monday of June of the third year following the year in which
the federal decennial census is taken to make a statewide reapportionment of the
districts. The board shall complete its work on the reapportionment and fi le its
order with the secretary of state not later than August 31 of the same year. If the
83
Art. 5 Sec. 8
Judicial Districts Board fails to make a statewide apportionment by that date,
the Legislative Redistricting Board established by Article III, Section 28, of this
constitution shall make a statewide reapportionment of the judicial districts not
later than the 150th day after the fi nal day for the Judicial Districts Board to
make the reapportionment.
(f) In addition to the statewide reapportionment, the board may reapportion
the judicial districts of the state as the necessity for reapportionment appears by
redesignating, in one or more reapportionment orders, the county or counties
that comprise the specifi c judicial districts affected by those reapportionment
orders. In modifying any judicial district, no county having a population as large
or larger than the population of the judicial district being reapportioned shall be
added to the judicial district.
(g) Except as provided by Subsection (i) of this section, this section does
not limit the power of the legislature to reapportion the judicial districts of the
state, to increase the number of judicial districts, or to provide for consequent
matters on reapportionment. The legislature may provide for the effect of a
reapportionment made by the board on pending cases or the transfer of pending
cases, for jurisdiction of a county court where county court jurisdiction has been
vested by law in a district court affected by the reapportionment, for terms of the
courts upon existing offi cers and their duties, and for all other matters affected
by the reapportionment. The legislature may delegate any of these powers to the
board. The legislature shall provide for the necessary expenses of the board.
(h) Any judicial reapportionment order adopted by the board must be
approved by a record vote of the majority of the membership of both the senate and
house of representatives before such order can become effective and binding.
(i) The legislature, the Judicial Districts Board, or the Legislative Redistricting
Board may not redistrict the judicial districts to provide for any judicial district
smaller in size than an entire county except as provided by this section. Judicial
districts smaller in size than the entire county may be created subsequent to a
general election where a majority of the persons voting on the proposition adopt
the proposition “to allow the division of ___________ County into judicial
districts composed of parts of ___________ County.” No redistricting plan may
be proposed or adopted by the legislature, the Judicial Districts Board, or the
Legislative Redistricting Board in anticipation of a future action by the voters
of any county. (Added Nov. 5, 1985.)
Sec. 8. JURISDICTION OF DISTRICT COURT. District Court
jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions,
proceedings, and remedies, except in cases where exclusive, appellate, or original
jurisdiction may be conferred by this Constitution or other law on some other
court, tribunal, or administrative body. District Court judges shall have the power
to issue writs necessary to enforce their jurisdiction.
The District Court shall have appellate jurisdiction and general supervisory
control over the County Commissioners Court, with such exceptions and under
such regulations as may be prescribed by law. (Amended Aug. 11, 1891,
Nov. 6, 1973, and Nov. 5, 1985.)
84
Art. 5 Sec. 9
Sec. 9. CLERK OF DISTRICT COURT. There shall be a Clerk for the
District Court of each county, who shall be elected by the qualifi ed voters and
who shall hold his offi ce for four years, subject to removal by information, or
by indictment of a grand jury, and conviction of a petit jury. In case of vacancy,
the Judge of the District Court shall have the power to appoint a Clerk, who
shall hold until the offi ce can be fi lled by election. (Amended Nov. 2, 1954, and
Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 9: See
Appendix, Note 1.)
Sec. 10. TRIAL BY JURY. In the trial of all causes in the District Courts,
the plaintiff or defendant shall, upon application made in open court, have the right
of trial by jury; but no jury shall be empaneled in any civil case unless demanded
by a party to the case, and a jury fee be paid by the party demanding a jury, for
such sum, and with such exceptions as may be prescribed by the Legislature.
Sec. 11. DISQUALIFICATION OF JUDGES; EXCHANGE OF
DISTRICTS; HOLDING COURT FOR OTHER JUDGES. No judge shall
sit in any case wherein the judge may be interested, or where either of the parties
may be connected with the judge, either by affi nity or consanguinity, within such
a degree as may be prescribed by law, or when the judge shall have been counsel
in the case. When the Supreme Court, the Court of Criminal Appeals, the Court
of Appeals, or any member of any of those courts shall be thus disqualifi ed to
hear and determine any case or cases in said court, the same shall be certifi ed
to the Governor of the State, who shall immediately commission the requisite
number of persons learned in the law for the trial and determination of such
cause or causes. When a judge of the District Court is disqualifi ed by any of the
causes above stated, the parties may, by consent, appoint a proper person to try
said case; or upon their failing to do so, a competent person may be appointed
to try the same in the county where it is pending, in such manner as may be
prescribed by law.
And the District Judges may exchange districts, or hold courts for each other
when they may deem it expedient, and shall do so when required by law. This
disqualifi cation of judges of inferior tribunals shall be remedied and vacancies
in their offi ces fi lled as may be prescribed by law. (Amended Aug. 11, 1891,
and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 11:
See Appendix, Note 3.)
Sec. 12. JUDGES TO BE CONSERVATORS OF THE PEACE;
INDICTMENTS AND INFORMATION. (a) All judges of courts of this State,
by virtue of their offi ce, are conservators of the peace throughout the State.
(b) An indictment is a written instrument presented to a court by a grand jury
charging a person with the commission of an offense. An information is a written
instrument presented to a court by an attorney for the State charging a person with
the commission of an offense. The practice and procedures relating to the use of
indictments and informations, including their contents, amendment, suffi ciency,
and requisites, are as provided by law. The presentment of an indictment or
information to a court invests the court with jurisdiction of the cause. (Amended
Aug. 11, 1891, and Nov. 5, 1985.)
85
Art. 5 Sec. 13
Sec. 13. NUMBER OF GRAND AND PETIT JURORS; NUMBER
CONCURRING. Grand and petit juries in the District Courts shall be composed
of twelve persons, except that petit juries in a criminal case below the grade of
felony shall be composed of six persons; but nine members of a grand jury shall
be a quorum to transact business and present bills. In trials of civil cases in the
District Courts, nine members of the jury, concurring, may render a verdict, but
when the verdict shall be rendered by less than the whole number, it shall be
signed by every member of the jury concurring in it. When, pending the trial of
any case, one or more jurors not exceeding three, may die, or be disabled from
sitting, the remainder of the jury shall have the power to render the verdict;
provided, that the Legislature may change or modify the rule authorizing less
than the whole number of the jury to render a verdict. (Amended Nov. 6, 2001,
and Sept. 13, 2003.) (TEMPORARY TRANSITION PROVISION for Sec. 13:
See Appendix, Note 3.)
Sec. 14. JUROR QUALIFICATIONS. (a) The legislature shall prescribe
by law the qualifi cations of grand jurors and petit jurors.
(b) The legislature shall enact laws to exclude from serving on juries persons
who have been convicted of bribery, perjury, forgery, or other high crimes. (Added
Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 14: See
Appendix, Note 3.)
Sec. 15. COUNTY COURT; COUNTY JUDGE. There shall be established
in each county in this State a County Court, which shall be a court of record; and
there shall be elected in each county, by the qualifi ed voters, a County Judge, who
shall be well informed in the law of the State; shall be a conservator of the peace,
and shall hold his offi ce for four years, and until his successor shall be elected
and qualifi ed. He shall receive as compensation for his services such fees and
perquisites as may be prescribed by law. (Amended Nov. 2, 1954.)
Sec. 16. COUNTY COURTS; JURISDICTION; DISQUALIFICATION
OF JUDGE. The County Court has jurisdiction as provided by law. The County
Judge is the presiding offi cer of the County Court and has judicial functions
as provided by law. County court judges shall have the power to issue writs
necessary to enforce their jurisdiction.
County Courts in existence on the effective date of this amendment are
continued unless otherwise provided by law.
When the judge of the County Court is disqualifi ed in any case pending
in the County Court the parties interested may, by consent, appoint a proper
person to try said case, or upon their failing to do so a competent person may
be appointed to try the same in the county where it is pending in such manner
as may be prescribed by law. (Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4,
1980, and Nov. 5, 1985.)
Sec. 16a. (Repealed Nov. 5, 1985.)
Sec. 17. TERMS OF COUNTY COURT; PROSECUTIONS; JURIES.
The County Court shall hold terms as provided by law. Prosecutions may be
commenced in said court by information fi led by the county attorney, or by
affi davit, as may be provided by law. Grand juries empaneled in the District
86
Art. 5 Sec. 18
Courts shall inquire into misdemeanors, and all indictments therefor returned
into the District Courts shall forthwith be certifi ed to the County Courts or other
inferior courts, having jurisdiction to try them for trial; and if such indictment
be quashed in the County, or other inferior court, the person charged, shall not
be discharged if there is probable cause of guilt, but may be held by such court
or magistrate to answer an information or affi davit. A jury in the County Court
shall consist of six persons; but no jury shall be empaneled to try a civil case
unless demanded by one of the parties, who shall pay such jury fee therefor,
in advance, as may be prescribed by law, unless the party makes affi davit that
the party is unable to pay the jury fee. (Amended Nov. 5, 1985, and Nov. 6,
2001.) (TEMPORARY TRANSITION PROVISION for Sec. 17: See Appendix,
Note 3.)
Sec. 18. DIVISION OF COUNTIES INTO PRECINCTS; ELECTION
OF CONSTABLE AND JUSTICE OF THE PEACE; COUNTY
COMMISSIONERS AND COUNTY COMMISSIONERS COURT. (a) Each
county in the State with a population of 50,000 or more, according to the most
recent federal census, from time to time, for the convenience of the people, shall
be divided into not less than four and not more than eight precincts. Each county
in the State with a population of 18,000 or more but less than 50,000, according
to the most recent federal census, from time to time, for the convenience of the
people, shall be divided into not less than two and not more than eight precincts.
Each county in the State with a population of less than 18,000, according to
the most recent federal census, from time to time, for the convenience of the
people, shall be designated as a single precinct or, if the Commissioners Court
determines that the county needs more than one precinct, shall be divided into
not more than four precincts. Notwithstanding the population requirements of
this subsection, Chambers County and Randall County, from time to time, for
the convenience of the people, shall be divided into not less than two and not
more than six precincts. A division or designation under this subsection shall
be made by the Commissioners Court provided for by this Constitution. Except
as provided by this section, in each such precinct there shall be elected one
Justice of the Peace and one Constable, each of whom shall hold his offi ce for
four years and until his successor shall be elected and qualifi ed; provided that
in a county with a population of less than 150,000, according to the most recent
federal census, in any precinct in which there may be a city of 18,000 or more
inhabitants, there shall be elected two Justices of the Peace, and in a county with a
population of 150,000 or more, according to the most recent federal census, each
precinct may contain more than one Justice of the Peace Court. Notwithstanding
the population requirements of this subsection, any county that is divided into
four or more precincts on November 2, 1999, shall continue to be divided into
not less than four precincts.
(b) Each county shall, in the manner provided for justice of the peace and
constable precincts, be divided into four commissioners precincts in each of which
there shall be elected by the qualifi ed voters thereof one County Commissioner,
who shall hold his offi ce for four years and until his successor shall be elected
and qualifi ed. The County Commissioners so chosen, with the County Judge as
presiding offi cer, shall compose the County Commissioners Court, which shall
87
Art. 5 Sec. 18
exercise such powers and jurisdiction over all county business, as is conferred by
this Constitution and the laws of the State, or as may be hereafter prescribed.
(c) When the boundaries of justice of the peace and constable precincts
are changed, each Justice and Constable in offi ce on the effective date of the
change, or elected to a term of offi ce beginning on or after the effective date of
the change, shall serve in the precinct in which the person resides for the term
to which each was elected or appointed, even though the change in boundaries
places the person’s residence outside the precinct for which he was elected or
appointed, abolishes the precinct for which he was elected or appointed, or
temporarily results in extra Justices or Constables serving in a precinct. When,
as a result of a change of precinct boundaries, a vacancy occurs in the offi ce of
Justice of the Peace or Constable, the Commissioners Court shall fi ll the vacancy
by appointment until the next general election.
(d) When the boundaries of commissioners precincts are changed, each
commissioner in offi ce on the effective date of the change, or elected to a term
of offi ce beginning on or after the effective date of the change, shall serve in
the precinct to which each was elected or appointed for the entire term to which
each was elected or appointed, even though the change in boundaries places the
person’s residence outside the precinct for which he was elected or appointed.
(e) The offi ce of Constable is abolished in Mills County, Reagan County,
and Roberts County. The powers, duties, and records of the offi ce are transferred
to the County Sheriff.
(f) The Legislature by general law may prescribe the qualifi cations of
constables.
(g) (Redesignated as Subsec. (f) Nov. 6, 2001.)
(h) The commissioners court of a county may declare the offi ce of constable
in a precinct dormant if at least seven consecutive years have passed since the end
of the term of the person who was last elected or appointed to the offi ce and during
that period of time no person was elected to fi ll that offi ce, or during that period a
person was elected to that offi ce, but the person failed to meet the qualifi cations
of that offi ce or failed to assume the duties of that offi ce. If an offi ce of constable
is declared dormant, the offi ce may not be fi lled by election or appointment and
the previous offi ceholder does not continue to hold the offi ce under Subsection
(a) of this section or Section 17, Article XVI, of this constitution. The records of
an offi ce of constable declared dormant are transferred to the county clerk of the
county. The commissioners court may reinstate an offi ce of constable declared
dormant by vote of the commissioners court or by calling an election in the
precinct to reinstate the offi ce. The commissioners court shall call an election to
reinstate the offi ce if the commissioners court receives a petition signed by at least
10 percent of the qualifi ed voters of the precinct. If an election is called under
this subsection, the commissioners court shall order the ballot for the election to
be printed to permit voting for or against the proposition: “Reinstating the offi ce
of Constable of Precinct No. that was previously declared dormant.” The
offi ce of constable is reinstated if a majority of the voters of the precinct voting
on the question at the election approve the reinstatement. (Amended Nov. 2,
1954; Subsecs. (a) and (b) amended and (c) and (d) added Nov. 8, 1983; Subsec.
88
Art. 5 Sec. 19
(a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. (e) and (f)
added Nov. 7, 1995; Subsec. (g) added Nov. 4, 1997; Subsec. (a) amended Nov.
2, 1999; Subsec. (e) amended, Subsec. (f) deleted, and Subsec. (g) redesignated
as Subsec. (f) Nov. 6, 2001; Subsec. (h) added Nov. 5, 2002.) (TEMPORARY
TRANSITION PROVISION for Sec. 18: See Appendix, Note 3.)
Sec. 19. JUSTICES OF THE PEACE; JURISDICTION; EX OFFICIO
NOTARIES PUBLIC. Justice of the peace courts shall have original jurisdiction
in criminal matters of misdemeanor cases punishable by fi ne only, exclusive
jurisdiction in civil matters where the amount in controversy is two hundred
dollars or less, and such other jurisdiction as may be provided by law. Justices
of the peace shall be ex offi cio notaries public. (Amended Nov. 7, 1978, and
Nov. 5, 1985.)
Sec. 20. COUNTY CLERK. There shall be elected for each county, by the
qualifi ed voters, a County Clerk, who shall hold his offi ce for four years, who shall
be clerk of the County and Commissioners Courts and recorder of the county,
whose duties, perquisites and fees of offi ce shall be prescribed by the Legislature,
and a vacancy in whose offi ce shall be fi lled by the Commissioners Court, until
the next general election; provided, that in counties having a population of less
than 8,000 persons there may be an election of a single Clerk, who shall perform
the duties of District and County Clerks. (Amended Nov. 2, 1954.)
Sec. 21. COUNTY ATTORNEYS; DISTRICT ATTORNEYS. A County
Attorney, for counties in which there is not a resident Criminal District Attorney,
shall be elected by the qualifi ed voters of each county, who shall be commissioned
by the Governor, and hold his offi ce for the term of four years. In case of vacancy
the Commissioners Court of the county shall have the power to appoint a County
Attorney until the next general election. The County Attorneys shall represent the
State in all cases in the District and inferior courts in their respective counties;
but if any county shall be included in a district in which there shall be a District
Attorney, the respective duties of District Attorneys and County Attorneys shall
in such counties be regulated by the Legislature. The Legislature may provide for
the election of District Attorneys in such districts, as may be deemed necessary,
and make provision for the compensation of District Attorneys and County
Attorneys. District Attorneys shall hold offi ce for a term of four years, and until
their successors have qualifi ed. (Amended Nov. 2, 1954.)
Sec. 22. (Repealed Nov. 5, 1985.)
Sec. 23. SHERIFFS. There shall be elected by the qualifi ed voters of each
county a Sheriff, who shall hold his offi ce for the term of four years, whose
duties, qualifi cations, perquisites, and fees of offi ce, shall be prescribed by the
Legislature, and vacancies in whose offi ce shall be fi lled by the Commissioners
Court until the next general election. (Amended Nov. 2, 1954, and Nov. 2,
1993.)
Sec. 24. REMOVAL OF COUNTY OFFICERS. County Judges, county
attorneys, clerks of the District and County Courts, justices of the peace,
constables, and other county offi cers, may be removed by the Judges of the
District Courts for incompetency, offi cial misconduct, habitual drunkenness, or
89
Art. 5 Sec. 25
other causes defi ned by law, upon the cause therefor being set forth in writing
and the fi nding of its truth by a jury.
Sec. 25. (Repealed Nov. 5, 1985.)
Sec. 26. CRIMINAL CASES; APPEAL BY STATE. The State is entitled
to appeal in criminal cases, as authorized by general law. (Amended Nov. 3,
1987.)
Sec. 27. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 27: See Appendix, Note 3.)
Sec. 28. VACANCY IN OFFICE OF SUPREME COURT, COURT OF
CRIMINAL APPEALS, COURT OF APPEALS AND DISTRICT COURTS
TO BE FILLED BY THE GOVERNOR. (a) A vacancy in the offi ce of Chief
Justice, Justice, or Judge of the Supreme Court, the Court of Criminal Appeals,
the Court of Appeals, or the District Courts shall be fi lled by the Governor until
the next succeeding General Election for state offi cers, and at that election the
voters shall fi ll the vacancy for the unexpired term.
(b) A vacancy in the offi ce of County Judge or Justice of the Peace shall be
fi lled by the Commissioners Court until the next succeeding General Election.
(Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) (TEMPORARY
TRANSITION PROVISION for Sec. 28: See Appendix, Note 3.)
Sec. 29. COUNTY COURT; TERMS OF COURT; PROBATE
BUSINESS; COMMENCEMENT OF PROSECUTIONS; JURY. The
County Court shall hold at least four terms for both civil and criminal business
annually, as may be provided by the Legislature, or by the Commissioners
Court of the county under authority of law, and such other terms each year as
may be fi xed by the Commissioners Court; provided, the Commissioners Court
of any county having fi xed the times and number of terms of the County Court,
shall not change the same again until the expiration of one year. Said court
shall dispose of probate business either in term time or vacation, under such
regulation as may be prescribed by law. Until otherwise provided, the terms of
the County Court shall be held on the fi rst Mondays in February, May, August
and November, and may remain in session three weeks. (Added Aug. 14, 1883;
amended Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec.
29: See Appendix, Note 3.)
Sec. 30. JUDGES OF COURTS OF COUNTY-WIDE JURISDICTION;
CRIMINAL DISTRICT ATTORNEYS. The Judges of all Courts of
county-wide jurisdiction heretofore or hereafter created by the Legislature of
this State, and all Criminal District Attorneys now or hereafter authorized by the
laws of this State, shall be elected for a term of four years, and shall serve until
their successors have qualifi ed. (Added Nov. 2, 1954.)
Sec. 31. COURT ADMINISTRATION; RULE-MAKING AUTHORITY;
ACTION ON MOTION FOR REHEARING. (a) The Supreme Court is
responsible for the effi cient administration of the judicial branch and shall
promulgate rules of administration not inconsistent with the laws of the state as
may be necessary for the effi cient and uniform administration of justice in the
various courts.
90
Art. 5 Sec. 31
(b) The Supreme Court shall promulgate rules of civil procedure for all courts
not inconsistent with the laws of the state as may be necessary for the effi cient
and uniform administration of justice in the various courts.
(c) The legislature may delegate to the Supreme Court or Court of Criminal
Appeals the power to promulgate such other rules as may be prescribed by law or
this Constitution, subject to such limitations and procedures as may be provided
by law.
(d) Notwithstanding Section 1, Article II, of this constitution and any other
provision of this constitution, if the supreme court does not act on a motion for
rehearing before the 180th day after the date on which the motion is fi led, the
motion is denied. (Added Nov. 5, 1985; Subsec. (d) added Nov. 4, 1997.)
91
Art. 6 Sec. 1
ARTICLE 6
SUFFRAGE
Sec. 1. CLASSES OF PERSONS NOT ALLOWED TO VOTE. (a) The
following classes of persons shall not be allowed to vote in this State:
(1) persons under 18 years of age;
(2) persons who have been determined mentally incompetent by a court,
subject to such exceptions as the Legislature may make; and
(3) persons convicted of any felony, subject to such exceptions as the
Legislature may make.
(b) The legislature shall enact laws to exclude from the right of suffrage
persons who have been convicted of bribery, perjury, forgery, or other high
crimes. (Amended Nov. 8, 1932, Nov. 2, 1954, Nov. 4, 1997, and Nov. 6,
2001.) (TEMPORARY TRANSITION PROVISION for Sec. 1: See Appendix,
Note 3.)
Sec. 2. QUALIFIED ELECTOR; REGISTRATION; ABSENTEE
VOTING. (a) Every person subject to none of the disqualifi cations provided by
Section 1 of this article or by a law enacted under that section who is a citizen of
the United States and who is a resident of this State shall be deemed a qualifi ed
voter; provided, however, that before offering to vote at an election a voter shall
have registered, but such requirement for registration shall not be considered a
qualifi cation of a voter within the meaning of the term “qualifi ed voter” as used in
any other Article of this Constitution in respect to any matter except qualifi cation
and eligibility to vote at an election.
(b) The Legislature may authorize absentee voting.
(c) The privilege of free suffrage shall be protected by laws regulating
elections and prohibiting under adequate penalties all undue infl uence in elections
from power, bribery, tumult, or other improper practice. (Amended Nov. 3, 1896,
Nov. 4, 1902, July 23, 1921, Nov. 2, 1954, Nov. 8, 1966, Nov. 4, 1997, Nov. 2,
1999, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISIONS for
Sec. 2: See Appendix, Notes 1 and 3.)
Sec. 2a. VOTING FOR PRESIDENTIAL AND VICE-PRESIDENTIAL
ELECTORS AND STATEWIDE OFFICES; QUALIFIED PERSONS
EXCEPT FOR RESIDENCE REQUIREMENTS. (a) Notwithstanding any
other provision of this Constitution, the Legislature may enact laws and provide
a method of registration, including the time of such registration, permitting any
person who is qualifi ed to vote in this State except for the residence requirements
within a county or district, as set forth in Section 2 of this Article, to vote for (1)
electors for President and Vice President of the United States and (2) all offi ces,
questions or propositions to be voted on by all voters throughout this State.
(b) Notwithstanding any other provision of this Constitution, the Legislature
may enact laws and provide for a method of registration, including the time for
such registration, permitting any person (1) who is qualifi ed to vote in this State
except for the residence requirements of Section 2 of this Article, and (2) who shall
have resided anywhere within this State at least thirty (30) days next preceding
92
Art. 6 Sec. 3
a General Election in a presidential election year, and (3) who shall have been a
qualifi ed voter in another state immediately prior to his removal to this State or
would have been eligible to vote in such other state had he remained there until
such election, to vote for electors for President and Vice President of the United
States in that election.
(c) Notwithstanding any other provision of this Constitution, the Legislature
may enact laws and provide for a method of registration, including the time for
such registration, permitting absentee voting for electors for President and Vice
President of the United States in this State by former residents of this State (1)
who have removed to another state, and (2) who meet all qualifi cations, except
residence requirements, for voting for electors for President and Vice President
in this State at the time of the election, but the privileges of suffrage so granted
shall be only for such period of time as would permit a former resident of this
State to meet the residence requirements for voting in his new state of residence,
and in no case for more than twenty-four (24) months. (Added Nov. 8, 1966;
Subsecs. (a) and (b) amended Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 2a: See Appendix, Note 1.)
Sec. 3. MUNICIPAL ELECTIONS; QUALIFICATIONS OF VOTERS.
All qualifi ed voters of the State, as herein described, who reside within the limits
of any city or corporate town, shall have the right to vote for Mayor and all other
elective offi cers. (Amended Nov. 4, 1997, and Nov. 2, 1999.) (TEMPORARY
TRANSITION PROVISIONS for Sec. 3: See Appendix, Note 1.)
Sec. 3a. BOND ISSUES; LOANS OF CREDIT; EXPENDITURES;
ASSUMPTION OF DEBTS; QUALIFICATIONS OF VOTERS. When
an election is held by any county, or any number of counties, or any political
sub-division of the State, or any political sub-division of a county, or any defi ned
district now or hereafter to be described and defi ned within the State and which
may or may not include towns, villages or municipal corporations, or any city,
town or village, for the purpose of issuing bonds or otherwise lending credit,
or expending money or assuming any debt, only qualifi ed voters of the State,
county, political sub-division, district, city, town or village where such election
is held shall be qualifi ed to vote. (Added Nov. 8, 1932; amended Nov. 2, 1999.)
(TEMPORARY TRANSITION PROVISIONS for Sec. 3a: See Appendix,
Note 1.)
Sec. 4. ELECTIONS BY BALLOT; NUMBERING, FRAUD, AND
PURITY OF ELECTIONS; REGISTRATION OF VOTERS. In all elections
by the people, the vote shall be by ballot, and the Legislature shall provide for
the numbering of tickets and make such other regulations as may be necessary
to detect and punish fraud and preserve the purity of the ballot box; and the
Legislature shall provide by law for the registration of all voters. (Amended
Aug. 11, 1891, and Nov. 8, 1966.)
Sec. 5. PRIVILEGE OF VOTERS FROM ARREST. Voters shall, in all
cases, except treason, felony or breach of the peace, be privileged from arrest
during their attendance at elections, and in going to and returning therefrom.
93
Art. 7 Sec. 1
ARTICLE 7
EDUCATION
THE PUBLIC FREE SCHOOLS
Sec. 1. SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC
FREE SCHOOLS. A general diffusion of knowledge being essential to the
preservation of the liberties and rights of the people, it shall be the duty of the
Legislature of the State to establish and make suitable provision for the support
and maintenance of an effi cient system of public free schools.
Sec. 2. PERPETUAL SCHOOL FUND. All funds, lands and other property
heretofore set apart and appropriated for the support of public schools; all the
alternate sections of land reserved by the State out of grants heretofore made
or that may hereafter be made to railroads or other corporations of any nature
whatsoever; one half of the public domain of the State; and all sums of money that
may come to the State from the sale of any portion of the same, shall constitute
a perpetual public school fund.
Sec. 2A. RELEASE OF CLAIM TO CERTAIN LANDS AND MINERALS
WITHIN SHELBY, FRAZIER, AND MCCORMICK LEAGUE AND IN
BASTROP COUNTY. (a) The State of Texas hereby relinquishes and releases
any claim of sovereign ownership or title to an undivided one-third interest in
and to the lands and minerals within the Shelby, Frazier, and McCormick League
(now located in Fort Bend and Austin counties) arising out of the interest in that
league originally granted under the Mexican Colonization Law of 1823 to John
McCormick on or about July 24, 1824, and subsequently voided by the governing
body of Austin’s Original Colony on or about December 15, 1830.
(b) The State of Texas relinquishes and releases any claim of sovereign
ownership or title to an interest in and to the lands, excluding the minerals, in
Tracts 2-5, 13, 15-17, 19-20, 23-26, 29-32, and 34-37, in the A. P. Nance Survey,
Bastrop County, as said tracts are:
(1) shown on Bastrop County Rolled Sketch No. 4, recorded in the General
Land Offi ce on December 15, 1999; and
(2) further described by the fi eld notes prepared by a licensed state land
surveyor of Travis County in September through November 1999 and May
2000.
(c) Title to such interest in the lands and minerals described by Subsection (a)
is confi rmed to the owners of the remaining interests in such lands and minerals.
Title to the lands, excluding the minerals, described by Subsection (b) is confi rmed
to the holder of record title to each tract. Any outstanding land award or land
payment obligation owed to the state for lands described by Subsection (b) is
canceled, and any funds previously paid related to an outstanding land award or
land payment obligation may not be refunded.
(d) The General Land Offi ce shall issue a patent to the holder of record title
to each tract described by Subsection (b). The patent shall be issued in the same
manner as other patents except that no fi ling fee or patent fee may be required.
94
Art. 7 Sec. 2B
(e) A patent issued under Subsection (d) shall include a provision reserving
all mineral interest in the land to the state.
(f) This section is self-executing. (Added Nov. 2, 1993; amended Nov. 6,
2001.)
Sec. 2B. AUTHORITY TO RELEASE STATE’S INTEREST IN LAND
HELD BY PERSON UNDER COLOR OF TITLE. (a) The legislature by law
may provide for the release of all or part of the state’s interest in land, excluding
mineral rights, if:
(1) the land is surveyed, unsold, permanent school fund land according to
the records of the General Land Offi ce;
(2) the land is not patentable under the law in effect before January 1, 2002;
and
(3) the person claiming title to the land:
(A) holds the land under color of title;
(B) holds the land under a chain of title that originated on or before January
1, 1952;
(C) acquired the land without actual knowledge that title to the land was
vested in the State of Texas;
(D) has a deed to the land recorded in the appropriate county; and
(E) has paid all taxes assessed on the land and any interest and penalties
associated with any period of tax delinquency.
(b) This section does not apply to:
(1) beach land, submerged or fi lled land, or islands; or
(2) land that has been determined to be state-owned by judicial decree.
(c) This section may not be used to:
(1) resolve boundary disputes; or
(2) change the mineral reservation in an existing patent.
(d) (Added Nov. 6, 2001; expired Jan. 2, 2002.)
Sec. 2C. RELEASE OF CLAIM TO CERTAIN LANDS IN UPSHUR
AND SMITH COUNTIES. (a) Except as provided by Subsection (b) of this
section, the State of Texas relinquishes and releases any claim of sovereign
ownership or title to an interest in and to the tracts of land, including mineral
rights, described as follows:
Tract 1:
The fi rst tract of land is situated in Upshur County, Texas, about 14 miles
South 30 degrees east from Gilmer, the county seat, and is bounded as follows:
Bound on the North by the J. Manning Survey, A-314 the S.W. Beasley Survey
A-66 and the David Meredith Survey A-315 and bound on the East by the M.
Mann Survey, A-302 and by the M. Chandler Survey, A-84 and bound on the South
by the G. W. Hooper Survey, A-657 and by the D. Ferguson Survey, A-158 and
95
Art. 7 Sec. 3
bound on the West by the J. R. Wadkins Survey, A-562 and the H. Alsup Survey,
A-20, and by the W. Bratton Survey, A-57 and the G. H. Burroughs Survey, A-30
and the M. Tidwell Survey, A-498 of Upshur County, Texas.
Tract 2:
The second tract of land is situated in Smith County, Texas, north of Tyler
and is bounded as follows: on the north and west by the S. Leeper A-559, the
Frost Thorn Four League Grant A-3, A-9, A-7, A-19, and the H. Jacobs A-504 and
on the south and east by the following surveys: John Carver A-247, A. Loverly
A-609, J. Gimble A-408, R. Conner A-239, N.J. Blythe A-88, N.J. Blythe A-89,
J. Choate A-195, Daniel Minor A-644, William Keys A-527, James H. Thomas
A-971, Seaborn Smith A-899, and Samuel Leeper A-559.
(b) This section does not apply to:
(1) any public right-of-way, including a public road right-of-way, or related
interest owned by a governmental entity;
(2) any navigable waterway or related interest owned by a governmental
entity; or
(3) any land owned by a governmental entity and reserved for public use,
including a park, recreation area, wildlife area, scientifi c area, or historic site.
(c) This section is self-executing. (Added Nov. 8, 2005.)
Sec. 3. TAXES FOR BENEFIT OF SCHOOLS; SCHOOL DISTRICTS.
(a) One-fourth of the revenue derived from the State occupation taxes shall be
set apart annually for the benefi t of the public free schools.
(b) It shall be the duty of the State Board of Education to set aside a suffi cient
amount of available funds to provide free text books for the use of children
attending the public free schools of this State.
(c) Should the taxation herein named be insuffi cient the defi cit may be met
by appropriation from the general funds of the State.
(d) The Legislature may provide for the formation of school districts by
general laws, and all such school districts may embrace parts of two or more
counties.
(e) The Legislature shall be authorized to pass laws for the assessment
and collection of taxes in all school districts and for the management and
control of the public school or schools of such districts, whether such districts
are composed of territory wholly within a county or in parts of two or more
counties, and the Legislature may authorize an additional ad valorem tax to
be levied and collected within all school districts for the further maintenance
of public free schools, and for the erection and equipment of school buildings
therein; provided that a majority of the qualifi ed voters of the district voting at
an election to be held for that purpose, shall approve the tax. (Amended Aug.
14, 1883, Nov. 3, 1908, Aug. 3, 1909, Nov. 5, 1918, Nov. 2, 1920, Nov. 2, 1926,
and Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 3:
See Appendix, Note 1.)
Sec. 3a. (Repealed Aug. 5, 1969.)
96
Art. 7 Sec. 3-b
Sec. 3-b. INDEPENDENT SCHOOL DISTRICTS AND JUNIOR
COLLEGE DISTRICTS; TAXES AND BONDS; CHANGES IN
BOUNDARIES. No tax for the maintenance of public free schools voted in
any independent school district and no tax for the maintenance of a junior college
voted by a junior college district, nor any bonds voted in any such district, but
unissued, shall be abrogated, cancelled or invalidated by change of any kind in
the boundaries thereof. After any change in boundaries, the governing body of
any such district, without the necessity of an additional election, shall have the
power to assess, levy and collect ad valorem taxes on all taxable property within
the boundaries of the district as changed, for the purposes of the maintenance
of public free schools or the maintenance of a junior college, as the case may
be, and the payment of principal of and interest on all bonded indebtedness
outstanding against, or attributable, adjusted or allocated to, such district or
any territory therein, in the amount, at the rate, or not to exceed the rate, and in
the manner authorized in the district prior to the change in its boundaries, and
further in accordance with the laws under which all such bonds, respectively,
were voted; and such governing body also shall have the power, without the
necessity of an additional election, to sell and deliver any unissued bonds voted
in the district prior to any such change in boundaries, and to assess, levy and
collect ad valorem taxes on all taxable property in the district as changed, for
the payment of principal of and interest on such bonds in the manner permitted
by the laws under which such bonds were voted. In those instances where the
boundaries of any such independent school district are changed by the annexation
of, or consolidation with, one or more whole school districts, the taxes to be
levied for the purposes hereinabove authorized may be in the amount or at not
to exceed the rate theretofore voted in the district having at the time of such
change the greatest scholastic population according to the latest scholastic census
and only the unissued bonds of such district voted prior to such change, may
be subsequently sold and delivered and any voted, but unissued, bonds of other
school districts involved in such annexation or consolidation shall not thereafter
be issued. (Added Nov. 6, 1962; amended Nov. 8, 1966.)
Sec. 4. SALE OF LANDS; INVESTMENT OF PROCEEDS. The
lands herein set apart to the Public Free School fund, shall be sold under such
regulations, at such times, and on such terms as may be prescribed by law; and
the Legislature shall not have power to grant any relief to purchasers thereof.
The proceeds of such sales must be used to acquire other land for the Public
Free School fund as provided by law or the proceeds shall be invested by the
comptroller of public accounts, as may be directed by the Board of Education
herein provided for, in the bonds of the United States, the State of Texas, or
counties in said State, or in such other securities, and under such restrictions as
may be prescribed by law; and the State shall be responsible for all investments.
(Amended Aug. 14, 1883, Nov. 5, 1985, and Nov. 7, 1995.)
Sec. 4A. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 4A: See Appendix, Note 3.)
Sec. 4B. INDEPENDENT SCHOOL DISTRICT; BOARD OF
TRUSTEES; DONATION OF REAL PROPERTY AND IMPROVEMENTS.
(a) The legislature by general law may authorize the board of trustees of an
97
Art. 7 Sec. 5
independent school district to donate district real property and improvements
formerly used as a school campus for the purpose of preserving the
improvements.
(b) A law enacted under this section must provide that before the board of
trustees may make the donation, the board must determine that:
(1) the improvements have historical signifi cance;
(2) the transfer will further the preservation of the improvements; and
(3) at the time of the transfer, the district does not need the real property or
improvements for educational purposes. (Added Nov. 6, 2001.)
Sec. 5. PERMANENT SCHOOL FUND; AVAILABLE SCHOOL FUND;
USE OF FUNDS; DISTRIBUTION OF AVAILABLE SCHOOL FUND.
(a) The permanent school fund consists of all land appropriated for public schools
by this constitution or the other laws of this state, other properties belonging
to the permanent school fund, and all revenue derived from the land or other
properties. The available school fund consists of the distributions made to it from
the total return on all investment assets of the permanent school fund, the taxes
authorized by this constitution or general law to be part of the available school
fund, and appropriations made to the available school fund by the legislature.
The total amount distributed from the permanent school fund to the available
school fund:
(1) in each year of a state fi scal biennium must be an amount that is not more
than six percent of the average of the market value of the permanent school fund,
excluding real property belonging to the fund that is managed, sold, or acquired
under Section 4 of this article, on the last day of each of the 16 state fi scal quarters
preceding the regular session of the legislature that begins before that state fi scal
biennium, in accordance with the rate adopted by:
(A) a vote of two-thirds of the total membership of the State Board of
Education, taken before the regular session of the legislature convenes; or
(B) the legislature by general law or appropriation, if the State Board of
Education does not adopt a rate as provided by Paragraph (A) of this subdivision;
and
(2) over the 10-year period consisting of the current state fi scal year and the
nine preceding state fi scal years may not exceed the total return on all investment
assets of the permanent school fund over the same 10-year period.
(b) The expenses of managing permanent school fund land and investments
shall be paid by appropriation from the permanent school fund.
(c) The available school fund shall be applied annually to the support of
the public free schools. Except as provided by this section, the legislature may
not enact a law appropriating any part of the permanent school fund or available
school fund to any other purpose. The permanent school fund and the available
school fund may not be appropriated to or used for the support of any sectarian
school. The available school fund shall be distributed to the several counties
according to their scholastic population and applied in the manner provided by
law.
98
Art. 7 Sec. 6
(d) The legislature by law may provide for using the permanent school fund
to guarantee bonds issued by school districts or by the state for the purpose of
making loans to or purchasing the bonds of school districts for the purpose of
acquisition, construction, or improvement of instructional facilities including
all furnishings thereto. If any payment is required to be made by the permanent
school fund as a result of its guarantee of bonds issued by the state, an amount
equal to this payment shall be immediately paid by the state from the treasury to
the permanent school fund. An amount owed by the state to the permanent school
fund under this section shall be a general obligation of the state until paid. The
amount of bonds authorized hereunder shall not exceed $750 million or a higher
amount authorized by a two-thirds record vote of both houses of the legislature.
If the proceeds of bonds issued by the state are used to provide a loan to a school
district and the district becomes delinquent on the loan payments, the amount
of the delinquent payments shall be offset against state aid to which the district
is otherwise entitled.
(e) The legislature may appropriate part of the available school fund for
administration of a bond guarantee program established under this section.
(f) Notwithstanding any other provision of this constitution, in managing the
assets of the permanent school fund, the State Board of Education 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 persons of ordinary prudence, discretion,
and intelligence, exercising the judgment and care under the circumstances then
prevailing, acquire or retain for their own account in the management of their
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 their capital.
(g) (Expired Dec. 1, 2006.)
(h) (Expired Dec. 1, 2006.) (Amended Aug. 11, 1891, and Nov. 3, 1964;
Subsec. (a) amended and (b) and (c) added Nov. 8, 1983; Subsec. (d) added Nov. 8,
1988; Subsec. (b) amended Nov. 7, 1989; Subsec. (a) amended, a new (b) added,
a portion of (a) redesignated as (c), former (b) and (c) amended, former (b)-(d)
redesignated as (d)-(f), and (g) and (h) added Sept. 13, 2003; Subsecs. (g) and
(h) expired Dec. 1, 2006.)
Sec. 6. COUNTY SCHOOL LANDS; PROCEEDS OF SALES;
INVESTMENT; AVAILABLE SCHOOL FUND. All lands heretofore, or
hereafter granted to the several counties of this State for educational purposes,
are of right the property of said counties respectively, to which they were
granted, and title thereto is vested in said counties, and no adverse possession
or limitation shall ever be available against the title of any county. Each county
may sell or dispose of its lands in whole or in part, in manner to be provided by
the Commissioners Court of the county. Said lands, and the proceeds thereof,
when sold, shall be held by said counties alone as a trust for the benefi t of public
99
Art. 7 Sec. 6a
schools therein; said proceeds to be invested in bonds of the United States, the
State of Texas, or counties in said State, or in such other securities, and under such
restrictions as may be prescribed by law; and the counties shall be responsible for
all investments; the interest thereon, and other revenue, except the principal shall
be available fund. (Amended Aug. 14, 1883, and Nov. 6, 2001.) (TEMPORARY
TRANSITION PROVISION for Sec. 6: See Appendix, Note 3.)
Sec. 6a. COUNTY AGRICULTURAL OR GRAZING SCHOOL LAND
SUBJECT TO TAX. All agriculture or grazing school land mentioned in Section
6 of this article owned by any county shall be subject to taxation except for State
purposes to the same extent as lands privately owned. (Added Nov. 2, 1926.)
Sec. 6b. REDUCTION OF COUNTY PERMANENT SCHOOL FUND;
DISTRIBUTION. Notwithstanding the provisions of Section 6, Article VII,
Constitution of the State of Texas, any county, acting through the commissioners
court, may reduce the county permanent school fund of that county and may
distribute the amount of the reduction to the independent and common school
districts of the county on a per scholastic basis to be used solely for the purpose
of reducing bonded indebtedness of those districts or for making permanent
improvements. The commissioners court shall, however, retain a suffi cient
amount of the corpus of the county permanent school fund to pay ad valorem
taxes on school lands or royalty interests owned at the time of the distribution.
Nothing in this Section affects fi nancial aid to any school district by the state.
(Added Nov. 7, 1972.)
Sec. 7. (Repealed Aug. 5, 1969.)
Sec. 8. STATE BOARD OF EDUCATION. The Legislature shall provide
by law for a State Board of Education, whose members shall be appointed or
elected in such manner and by such authority and shall serve for such terms as the
Legislature shall prescribe not to exceed six years. The said board shall perform
such duties as may be prescribed by law. (Amended Nov. 6, 1928.)
ASYLUMS
Sec. 9. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION
PROVISION for Sec. 9: See Appendix, Note 3.)
Sec. 9-a. (Added Nov. 6, 2001; expired Jan. 1, 2005.)
UNIVERSITY
Sec. 10. ESTABLISHMENT OF UNIVERSITY; AGRICULTURAL AND
MECHANICAL DEPARTMENT. The legislature shall as soon as practicable
establish, organize and provide for the maintenance, support and direction of a
University of the fi rst class, to be located by a vote of the people of this State,
and styled, “The University of Texas,” for the promotion of literature, and the
arts and sciences, including an Agricultural, and Mechanical department.
Sec. 11. PERMANENT UNIVERSITY FUND; INVESTMENT;
ALTERNATE SECTIONS OF RAILROAD GRANT. In order to enable the
Legislature to perform the duties set forth in the foregoing Section, it is hereby
declared all lands and other property heretofore set apart and appropriated for the
establishment and maintenance of the University of Texas, together with all the
100
Art. 7 Sec. 11a
proceeds of sales of the same, heretofore made or hereafter to be made, and all
grants, donations and appropriations that may hereafter be made by the State of
Texas, or from any other source, except donations limited to specifi c purposes,
shall constitute and become a Permanent University Fund. And the same as
realized and received into the Treasury of the State (together with such sums
belonging to the Fund, as may now be in the Treasury), shall be invested in bonds
of the United States, the State of Texas, or counties of said State, or in School
Bonds or municipalities, or in bonds of any city of this State, or in bonds issued
under and by virtue of the Federal Farm Loan Act approved by the President of the
United States, July 17, 1916, and amendments thereto; and the interest accruing
thereon shall be subject to appropriation by the Legislature to accomplish the
purpose declared in the foregoing Section; provided, that the one-tenth of the
alternate Section of the lands granted to railroads, reserved by the State, which
were set apart and appropriated to the establishment of the University of Texas,
by an Act of the Legislature of February 11, 1858, entitled, “An Act to establish
the University of Texas,” shall not be included in, or constitute a part of, the
Permanent University Fund. (Amended Nov. 4, 1930, and Nov. 8, 1932.)
Sec. 11a. INVESTMENT OF PERMANENT UNIVERSITY FUND. In
addition to the bonds enumerated in Section 11 of Article VII of the Constitution
of the State of Texas, the Board of Regents of The University of Texas may invest
the Permanent University Fund in securities, bonds or other obligations issued,
insured, or guaranteed in any manner by the United States Government, or any
of its agencies, and in such bonds, debentures, or obligations, and preferred and
common stocks issued by corporations, associations, or other institutions as the
Board of Regents of The University of Texas System may deem to be proper
investments for said funds; provided, however, that not more than one per cent
(1%) of said fund shall be invested in the securities of any one (1) corporation, nor
shall more than fi ve per cent (5%) of the voting stock of any one (1) corporation
be owned: provided, further, that stocks eligible for purchase shall be restricted
to stocks of companies incorporated within the United States which have paid
dividends for fi ve (5) consecutive years or longer immediately prior to the date
of purchase and which, except for bank stocks and insurance stocks, are listed
upon an exchange registered with the Securities and Exchange Commission or
its successors.
In making each and all of such investments said Board of Regents shall
exercise the judgment and care under the circumstances then prevailing which
men 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 interest, dividends and other income accruing from the investments of
the Permanent