State Constitutions

TEXAS

CONSTITUTION OF THE STATE OF TEXAS 1876

Adopted February 15, 1876

Article Page

PREAMBLE.

1. BILL OF RIGHTS. . . . . . .1

2. THE POWERS OF GOVERNMENT. . . . . . .8

3. LEGISLATIVE DEPARTMENT. . . . . 9

4. EXECUTIVE DEPARTMENT. . . . . .67

5. JUDICIAL DEPARTMENT . . . . . .77

6. SUFFRAGE. . . . . . .95

7. EDUCATION . . . . . .98

8. TAXATION AND REVENUE. . . . . 117

9. COUNTIES. . . . . . 139

10. RAILROADS . . . . . 151

11. MUNICIPAL CORPORATIONS. . . . . . .152

12. PRIVATE CORPORATIONS. . . . . 156

13. SPANISH AND MEXICAN LAND TITLES

(Repealed Aug. 5, 1969.). . . . . .157

14. PUBLIC LANDS AND LAND OFFICE. . . . . . 158

15. IMPEACHMENT . . . . 159

16. GENERAL PROVISIONS. . . . . . 161

17. MODE OF AMENDING THE CONSTITUTION

OF THIS STATE . . . . . .196

NOTES: TEMPORARY PROVISIONS FOR

ADOPTED AMENDMENTS . . . . . 197

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 benefit. 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 qualification to any office, or

public trust, in this State; nor shall any one be excluded from holding office 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 disqualified 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 affirmations 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 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 benefit 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 officers, 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 affirmation.

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 fine 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 sufficient 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 first, 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 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;

(D) aggravated robbery.

(2) "Sexual offense" means:

(A) aggravated sexual assault;

(B) sexual assault; or

(b) added Nov. 2, 1993.)

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 fines imposed, nor cruel or unusual

punishment inflicted. 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 efficiency.

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.

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 first 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 confinement 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 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 notification 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 office;

(4) the right to restitution; and

(5) the right to information about the conviction, sentence, imprisonment, and release of the

accused.

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 officer, 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.)

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.

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.)

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 confided 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.

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.1

Sec. 3. ELECTION AND TERM OF OFFICE OF SENATORS. The Senators shall be chosen by the

qualified 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 first class shall be vacated at the expiration of the first 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 office 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.1

Sec. 4. ELECTION AND TERM OF MEMBERS OF HOUSE OF REPRESENTATIVES. The

Members of the House of Representatives shall be chosen by the qualified voters for the term of two years.

Representatives shall take office 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.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 first thirty days thereof shall be devoted to the

introduction of bills and resolutions, acting upon emergency appropriations, passing upon the

confirmation 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.

of four-fifths of its membership. (Amended Nov. 4, 1930, and Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.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 qualified voter of this State, and shall have been a resident

of this State five 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.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 qualified 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.1

Sec. 8. EACH HOUSE JUDGE OF QUALIFICATIONS AND ELECTION; CONTESTS. Each House

shall be the judge of the qualifications 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 officer. If the office 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 first assembles, organize temporarily, and

thereupon proceed to the election of a Speaker from its own members.

2, 1999.)

Sec. 10. QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE.

Two-thirds of each House shall constitute 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. Each House shall keep

a journal of its proceedings, and publish the same; and the yeas and nays of the members of either House on

any question shall, at the desire of any three members present, be entered on the journals.

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 fill such vacancies; and

should the Governor fail to issue a writ of election to fill any such vacancy within twenty days after it occurs,

the returning officer 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 filling of a vacancy in the legislature without an

election if only one person qualifies and declares a candidacy in an election to fill 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.1

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 office of profit

under this State which shall have been created, or the emoluments of which may have been increased, during

such term, or (2) any office 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 office 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 office whatever, which may be filled 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 office

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 office of profit 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.

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 office shall

thereby become vacant, and the vacancy shall be filled 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.

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.

Each appointing official 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 filled 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.

(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 reflect 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 officers 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.4

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 sufficient 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 sufficient 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.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 first 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 first

regular session following the publication of a United States 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 five (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 Office, a majority of whom shall constitute a quorum. Said Board shall assemble in the City

of Austin within ninety (90) days after the final 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 filed 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.4

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-fifths 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.1

Sec. 33. REVENUE BILLS. All bills for raising revenue shall originate in the House of Representatives.

(Amended Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

Sec. 34. DEFEATED BILLS AND RESOLUTIONS. After a bill has been considered and defeated by

either House of the Legislature, no bill containing 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.

on the basis of an insufficient 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 first 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 final adjournment of

the Legislature.

Sec. 38. SIGNING BILLS AND JOINT RESOLUTIONS; ENTRY ON JOURNALS. The presiding officer 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.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 officers.

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 officers, servants, agents and public contractors, not

provided for in this Constitution, but shall not grant extra compensation to any officer, 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 officers, 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.

(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 final 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.

(b) The Legislature by law may authorize and regulate bingo games conducted by a church,

synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal

organization, or nonprofit organization supporting medical research or treatment programs. A law

enacted under this subsection must permit the qualified voters of any county, justice precinct, or

incorporated city or town to determine from time to time by a majority vote of the qualified 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 defined by law on property owned or leased by the

church, synagogue, religious society, volunteer fire department, nonprofit veterans organization,

fraternal organization, or nonprofit 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 fire department, nonprofit veterans organization, fraternal organization, or

nonprofit organization supporting medical research or treatment programs.

(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 raffles conducted by a qualified religious

society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified

nonprofit 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 raffle 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

qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical

service, or qualified nonprofit 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.)

Sec. 48b. (Repealed April 22, 1975.)

Sec. 48c. (Blank.)

Sec. 48-d. RURAL FIRE PREVENTION DISTRICTS. (a) The Legislature shall have the power to

provide for the establishment and creation of rural fire prevention districts and, except as provided by

Subsection (b) of this section, to authorize a tax on the ad valorem property situated in said districts not to

exceed Three (3›) Cents on the One Hundred ($100.00) Dollars valuation for the support thereof.

(b) The Legislature shall have the power to authorize a tax on the ad valorem property situated in

a rural fire prevention district located in whole or part in Harris County not to exceed Five (5›) Cents

on the One Hundred ($100.00) Dollars valuation for the support of the district.

the people residing therein. (Added Nov. 8, 1949; Subsecs. (a) and (c) amended and (b) added Nov. 4,

1997.)

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 qualified voters residing therein.

Such a district may provide emergency medical services, emergency ambulance services, rural fire

prevention and control services, or other emergency services authorized by the Legislature. (Added Nov.

3, 1987; amended Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

Sec. 48-f. Jail Districts. The legislature, by law, may provide for the creation, operation, and financing

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 qualified 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.1

Sec. 49. STATE DEBTS. (a) No debt shall be created by or on behalf of the State, except:

(1) to supply casual deficiencies 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.

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.

(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 financial condition of the

State Treasury at the close of the last fiscal period and an estimate of the probable receipts and disbursements

for the then current fiscal 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-fifths 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 certificate thereon showing that the amount

appropriated is within the amount estimated to be available in the affected funds. When the Comptroller

finds an appropriation bill exceeds the estimated revenue he shall endorse such finding 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.1

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 Office 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 finances. 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 fixed 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 Office 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 Office shall be the Acting Chairman of said Board with the same duties and powers that

said Commissioner would have if present.

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 satisfies the definition 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 benefit 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 benefit of the Veterans' Housing Assistance Fund shall be paid out of the money

of the fund, 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, firm, 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 fixed, variable,

floating, 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 benefit 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 benefits 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;

(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 benefit 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 fixed, variable, floating, 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 benefit 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 benefits 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 benefit 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 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 benefits 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 benefit 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 benefiting 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 first money coming into the treasury in each fiscal year, not

otherwise appropriated by this constitution, an amount that is sufficient to pay the principal of and

interest on the general obligation bonds that mature or become due during that fiscal 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 benefiting 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 deficiency in that

fund or make a transfer to another of those funds for the purposes of that fund;

(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 if the bonds are issued to provide funds to purchase lands and sell

lands to veterans or make home mortgage loans to veterans.

(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; or

(3) use the assets to plan and design, operate, maintain, enlarge, or improve veterans cemeteries.

(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 specified 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 benefit and augment the

Veterans' Housing Assistance Fund II and 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 benefit 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.)

TEMPORARY TRANSITION PROVISIONS.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 qualifications, 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 finds feasible and practical in accomplishing

the purpose set forth herein.

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 flood 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.

(e) Any or all financial 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 first moneys coming into the Treasury

in each fiscal year, not otherwise appropriated by this Constitution, an amount which is sufficient to pay

the principal and interest on such bonds that mature or become due during such fiscal year, less the

amount in the sinking fund at the close of the prior fiscal 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 financial assistance or as interest thereon, there shall be deposited in the interest and sinking fund

for the bonds sufficient moneys to pay the interest and principal to become due during the ensuing year

and sufficient 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.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 benefit of the public, and to encourage the optimum regional development of systems built for the

filtration, treatment, and transmission