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(Repealed Aug. 5, 1969.).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 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 beneficial use, for the additional purposes of acquiring and developing storage facilities,

and any system or works necessary for the filtration, 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 financial interest; provided, however, the Texas Water Development Fund

or any other state fund provided for water development, transmission, transfer or filtration shall not be used

to finance 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

fifty-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 filtration, 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 financed in whole or in part.

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 are sufficient 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.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

financial 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.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 flood control purposes. (Added Nov. 5, 1985; Subsec. (a)

amended and Subsecs. (b)-(e) deleted Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.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, flood 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 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 finance 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 defined by law for use for or in aid of water conservation, water development, water quality

enhancement, flood 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.

from the first 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 fiscal 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 fulfill 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 authorized by this article and

administered by the Texas Water Development Board, the legislature by law may extend any benefits to

nonprofit 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.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.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 financial assistance, on terms and conditions provided by law, to

various political subdivisions and bodies politic and corporate of the state and to nonprofit 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 defined 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 first money coming into the State Treasury in each fiscal year, not otherwise

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

bonds issued for the purposes under this subsection that mature or become due during that fiscal 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.1

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.

TEMPORARY TRANSITION PROVISIONS.1

(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 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.

TEMPORARY TRANSITION PROVISIONS.1

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 financial 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 financial assistance;

(3) money received as repayment of such financial 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 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 first money coming into the state treasury in each fiscal

year not otherwise appropriated by this constitution an amount that is sufficient to pay the principal of

and interest on such general obligation bonds that mature or become due during that fiscal year or to

make bond enhancement payments with respect to those bonds.

TEMPORARY TRANSITION PROVISIONS.1

(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 finance 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.)

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.

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.)

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 fixed 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, finds 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.

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, firm, 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 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 interest and sinking fund

at the close of the prior fiscal year, which includes any receipts derived during the prior fiscal 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.

(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 sufficient moneys to pay the interest to become due during the State

fiscal 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 sufficient 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.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 financing 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 finance program fund. This fund shall be administered by the Texas Agricultural

Finance Authority in the manner prescribed by law.

(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 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 and interest

on the bonds that mature or become due during the fiscal year less the amount in the interest and sinking

fund at the close of the prior fiscal 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 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.* (Repealed Nov. 4, 1997.)

Sec. 49-g.* ECONOMIC STABILIZATION FUND. (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.

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 fiscal 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 fiscal 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 reflect only 12 months of collection.

(f) The legislature may appropriate additional amounts to the economic stabilization fund.

(g) During each fiscal 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.

(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

fiscal 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 deficiency 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 certifies 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 certification the bill making the appropriation and the amount of general revenue appropriations for

that biennium previously certified 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-fifths 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-fifths 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 fiscal 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 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 Sep. 2, 1989.) (Subsecs. (i) and (j) amended Nov.

7, 1995.)

*Through error, the two sections above were designated Section 49-g.

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 financed 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.

TEMPORARY TRANSITION PROVISIONS.1

(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 first money

coming into the treasury in each fiscal year, not otherwise appropriated by this constitution, the amount

sufficient to pay the principal of and interest on the bonds that mature or become due during the fiscal

year, less any amount in any sinking fund at the end of the preceding fiscal year that is pledged to

payment of the bonds or interest.

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

(2) new prisons and substance abuse felony punishment facilities to confine 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.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 financial 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 financial 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.

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 financial assistance shall be used to create new employment

and business opportunities in the state through the diversification 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 first money

coming into the treasury in each fiscal year, not otherwise appropriated by this constitution, the amount

sufficient to pay the principal of and interest on the bonds that mature or become due during the fiscal

year, less any amounts in the interest and sinking accounts at the close of the preceding fiscal 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 if the resulting annual debt service exceeds the limitation imposed by this

section. The maximum annual debt service in any fiscal year on state debt payable from the general revenue

fund may not exceed five 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 fiscal 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 sufficient 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

certifies 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 financing 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.

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 specific 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 specific sources or portions, or a

specific 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 specific 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 specified 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 insufficient 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 fiscal year during which the dedicated revenue, taxes, and money are insufficient

to make all payments when due, there is appropriated, and there shall be deposited in the fund, out of

the first money coming into the state treasury in each fiscal year that is not otherwise appropriated by

this constitution, an amount that is sufficient to pay the principal of the obligations and agreements and

the interest on the obligations and agreements that become due during that fiscal 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 finds 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 specification 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 financial

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.

(b) The Texas Transportation Commission may, in its discretion and in consultation with the office

of the governor, determine what constitutes a border colonia for purposes of selecting the counties and

projects that may receive assistance under this section.

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 fiscal year an amount sufficient to pay the principal

of and interest on the bonds and notes that mature or become due during the fiscal year, including an

amount sufficient to make payments under a related credit agreement. (Added Nov. 6, 2001.)

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 qualifications, duties and terms of office 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 defined by law. (Added Nov. 4,

1952.)

Sec. 50b. (Repealed Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

Sec. 50b-1. (Repealed Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

Sec. 50b-2. (Repealed Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

Sec. 50b-3. (Repealed Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

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 finance 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.

TEMPORARY TRANSITION PROVISIONS.1

(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.

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 first money coming into the treasury in each fiscal year, not

otherwise appropriated by this constitution, the amount sufficient to pay the principal of and interest on

the bonds that mature or become due during the fiscal year, less any amount in an interest and sinking

fund established under this section at the end of the preceding fiscal 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.)

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 finance 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.

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) While any of the bonds issued under this section or interest on the bonds is outstanding and

unpaid, there is appropriated out of the first money coming into the treasury in each fiscal year, not

otherwise appropriated by this constitution, the amount sufficient to pay the principal of and interest on

the bonds that mature or become due during the fiscal year, less any amount in an interest and sinking

fund established under this section at the end of the preceding fiscal 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. 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 fixed 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.

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 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 and

interest on the bonds that mature or become due during the fiscal year less the amount in the interest and

sinking fund at the close of the prior fiscal 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.

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 first money coming into the state treasury in each

fiscal year, not otherwise appropriated by this constitution, an amount that is sufficient to pay the

principal of and interest on those bonds that mature or become due during that fiscal 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 fiscal year after the fund reaches $5 million, as certified by the

comptroller of public accounts, the guarantee of the fund shall cease and this provision shall expire.

shall be void by reason of its anticipating nature.

(d) If the provisions of this section conflict 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:

(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.

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 first money coming into the state treasury in each fiscal year not otherwise appropriated

by this constitution, an amount sufficient to pay the principal and interest on bonds that mature or

become due during the fiscal year and to make payments that become due under a related credit

agreement during the fiscal year is appropriated, less the amount in the sinking fund at the close of the

previous fiscal 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. 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.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 means for determining the state budget amounts,

including state and other funds appropriated by the Legislature, to be used in establishing the biennial

limit.

TEMPORARY TRANSITION PROVISIONS.1

conflict 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 specifically 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 fitting 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.)

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 fire departments and other public fire-fighting

organizations:

(1) loans or other financial assistance to purchase fire-fighting 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 fire departments and other

public fire-fighting 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 financial 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 fine or served a sentence in prison, or who may hereafter pay a fine 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 Texas to the surviving spouse, minor children, and surviving dependent parents,

brothers, and sisters of officers, employees, and agents, including members of organized volunteer fire

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 official 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 defined district now or hereafter to be described and

defined 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 qualified 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 overflows, and to permit of

navigation thereof, or irrigation thereof, or in aid of such purposes.

(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.

TEMPORARY TRANSITION PROVISIONS.1

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 qualified 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.

TEMPORARY TRANSITION PROVISIONS.1

(d) Any defined 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 fire-fighting activities and may issue bonds or otherwise lend its credit for fire-fighting 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.)

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 diversification 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. 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.)

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, firm, 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 qualified voters so authorizing, a county or road district may collect an annual tax for a period

not exceeding five (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 specified 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.

(Added Aug. 23, 1937; amended Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.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 officials who are injured in the course of their official duties; providing that while said Sheriff,

Deputy Sheriff, Constable, Deputy Constable or other county or precinct law enforcement official 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 office to which such official 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 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 qualified 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.1

Sec. 52h. MUNICIPALITIES TO DONATE OUTDATED OR SURPLUS FIREFIGHTING

EQUIPMENT. A municipality may donate to an underdeveloped country outdated or surplus equipment,

supplies, or other materials used in fighting fires. (Added Nov. 6, 2001.)

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 officer, 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 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.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 defined 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 fixing or changing the places of voting;

(13) granting divorces;

(14) creating offices, or prescribing the powers and duties of officers, 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;

(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) fixing the rate of interest;

(20) affecting the estates of minors, or persons under disability;

(21) remitting fines, 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 official 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 fish 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.4

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.

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.4

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 benefits to be paid thereunder. (Added Nov. 2, 1948;

amended Nov. 6, 1962, and Nov. 6, 2001.)

TEMPORARY TRANSITION PROVISION.4

Sec. 61. (Repealed Nov. 6, 2001.)

TEMPORARY TRANSITION PROVISION.4

Sec. 61-a. MINIMUM SALARIES. The Legislature shall not fix the salary of the Governor, Attorney

General, Comptroller of Public Accounts, Commissioner of the General Land Office or Secretary of State at a sum less than

that fixed for such officials 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 offices, of whatever nature and whether filled by election or

appointment, the incumbents of which may become unavailable for carrying on the powers and duties of

such offices. 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;

(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.

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 specified 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 specified 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 specified by

Subsection (b) of this section for the period of time specified by the Governor's proclamation.

(g) The constitutional rules specified 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.4

Sec. 64. CONSOLIDATION OF GOVERNMENTAL OFFICES AND FUNCTIONS. (a) The

Legislature may by special statute provide for consolidation of governmental offices 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 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

office of honor, trust or profit or more than one civil office 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 specifies 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 specifically setting rates in conflict 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.)

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 Officer of the State, a Lieutenant

Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office,

and Attorney General. (Amended Nov. 7, 1995.)

Sec. 2. ELECTION OF OFFICERS OF EXECUTIVE DEPARTMENT. All the above officers of the

Executive Department (except Secretary of State) shall be elected by the qualified 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 officers, until otherwise provided by law, shall

be made out, sealed up, and transmitted by the returning officers 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 first 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 offices respectively,

and being constitutionally eligible, shall be declared by the Speaker, under sanction of the Legislature, to

be elected to said office. But, if two or more persons shall have the highest and an equal number of votes

for either of said offices, one of them shall be immediately chosen to such office by joint vote of both Houses

of the Legislature. Contested elections for either of said offices, 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 offices of Governor and

Lieutenant Governor, the person receiving the highest number of votes for the office of Governor, as

declared by the Speaker, has died, fails to qualify, or for any other reason is unable to assume the office of

Governor, then the person having the highest number of votes for the office 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 office of Lieutenant Governor, and the resulting vacancy in the office of Lieutenant

Governor shall be filled as provided by Section 9, Article III, of this Constitution. If the person with the

highest number of votes for the office of Governor, as declared by the Speaker, becomes temporarily unable

to take office, then the Lieutenant Governor shall act as Governor until the person with the highest number

of votes for the office of Governor becomes able to assume the office 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 office of Governor shall be qualified 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.)

Sec. 4. INSTALLATION OF GOVERNOR; TERM; ELIGIBILITY. The Governor elected at the

general election in 1974, and thereafter, shall be installed on the first Tuesday after the organization of the

Legislature, or as soon thereafter as practicable, and shall hold his office 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 five 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 fixed by the Legislature, and shall have

the use and occupation of the Governor's Mansion, fixtures 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 office of Governor, he shall not hold

any other office: 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.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 specifically 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 final 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 office, 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 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 fines 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 confinement or supervision of persons convicted of criminal offenses;

(2) set standards or distribute state funds to political subdivisions that have authority over the

confinement 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.)

Sec. 12. VACANCIES IN STATE OR DISTRICT OFFICES. (a) All vacancies in State or district offices,

except members of the Legislature, shall be filled 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.

of the Governor made during a recess of the Senate. To be confirmed, 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 fill

the vacancy, to the Senate during the first ten days of its next session following the appointment. If the

Senate does not confirm a person under this subsection, the Governor shall nominate in accordance with

this section the recess appointee or another person to fill the vacancy during the first ten days of each

subsequent session of the Senate until a confirmation occurs. If the Governor does not nominate a

person to the Senate during the first 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 final action to confirm or reject a previously

unconfirmed recess appointee or another person nominated to fill the vacancy for which the appointment

was made:

(1) the Governor after the session may appoint another person to fill the vacancy; and

(2) the appointee, if otherwise qualified and if not removed as provided by law, is entitled to

continue in office 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 final action to confirm or reject a previously

unconfirmed recess appointee or another person nominated to fill 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 office shall immediately become vacant, and the Governor shall,

without delay, make further nominations, until a confirmation takes place. If a person has been rejected

by the Senate to fill a vacancy, the Governor may not appoint the person to fill the vacancy or, during

the term of the vacancy for which the person was rejected, to fill another vacancy in the same office or

on the same board, commission, or other body.

(g) Appointments to vacancies in offices 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 fill a vacancy in a state or district office to a period that ends before the vacant term

otherwise expires or, for an elective office, before the next election at which the vacancy is to be filled,

if the appointment is made on or after November 1 preceding the general election for the succeeding

term of the office 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 office or the creation of a new office

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 file the same, with his objections, in the office 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 file objections to any items thereof and make proclamation of the same, and such item or items shall not

take effect.

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 office for the same time,

and possess the same qualifications. The voters shall distinguish for whom they vote as Governor and for

whom as Lieutenant Governor.

TEMPORARY TRANSITION PROVISIONS.1

(b) The Lieutenant Governor shall by virtue of his office 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.

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 office of Governor until the

Governor becomes able or qualified 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 office 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 office. On

becoming Governor, the person vacates the office of Lieutenant Governor, and the resulting vacancy

in the office of Lieutenant Governor shall be filled 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.)

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 office of Governor under Section 16(c) of this article, the Lieutenant Governor becomes

temporarily unable or disqualified 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 office

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 office of Governor, the Lieutenant Governor shall receive in like

manner the same compensation which the Governor would have received had the Governor been

employed in the duties of that office, and no more. An increase in the emoluments of the office of

Lieutenant Governor does not make a member of the Legislature ineligible to serve in the office of

Lieutenant Governor.

and authority appertaining to the office 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 office.

(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 office 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 officially under the direction of the Governor. The Seal of the State shall be a star of five

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 office during the term

of service of the Governor. He shall authenticate the publication of the laws, and keep a fair register of all

official 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 fixed 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 sufficient 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 officers, 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.1

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 Office, the

Attorney General, and any statutory State officer who is elected by the electorate of Texas at large, unless

a term of office is otherwise specifically provided in this Constitution, shall each hold office for the term of

four years. Each shall receive an annual salary in an amount to be fixed by the Legislature; reside at the

Capital of the State during his continuance in office, 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 office.

All fees that may be payable by law for any service performed by any officer specified in this section or in

his office, 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.1

Sec. 24. ACCOUNTS AND REPORTS; INFORMATION TO, AND INSPECTION BY, GOVERNOR;

PERJURY. An account shall be kept by the officers of the Executive Department, and by all officers 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 officers or managers, upon any subject relating to the duties, condition,

management and expenses of their respective offices 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 officer 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 office.

Sec. 25. CUSTODIANS OF PUBLIC FUNDS; BREACHES OF TRUST AND DUTY. The Legislature

shall pass efficient laws facilitating the investigation of breaches of trust and duty by all custodians of public

funds and providing for their suspension from office on reasonable cause shown, and for the appointment

of temporary incumbents of their offices 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

qualifications of Notaries Public shall be prescribed by law.

(b) The terms of office 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.)

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 office

of every such Justice and Judge shall become vacant when the incumbent reaches the age of seventy-five

(75) years or such earlier age, not less than seventy (70) years, as the Legislature may prescribe.

TEMPORARY TRANSITION PROVISION.4

(2) The State Commission on Judicial Conduct consists of eleven (11) 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;

(iiii) four (4) citizens, at least thirty (30) years of age, not licensed to practice law nor holding any

salaried public office or employment; (v) one (1) Justice of the Peace; (vi) one (1) Judge of a Municipal

Court; and, (vii) one (1) Judge of a County Court at Law; provided that no person shall be or remain

a member of the Commission, who does not maintain physical residence within this State, or who resides

in, or holds a judgeship within or for, the same Supreme Judicial District as another member of the

Commission, or who shall have ceased to retain the qualifications above specified for his respective

class of membership, except that the Justice of the Peace and the Judges of a Municipal Court and or a

County Court at Law shall be selected at large without regard to whether they reside or hold a judgeship

in the same Supreme Judicial District as another member of the Commission. Commissioners of classes

(i), (ii), and (vii) 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 (iiii) 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.

TEMPORARY TRANSITION PROVISION.4

(3) The regular term of office 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 filled 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 office 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 six (6) members. Proceedings shall be by

majority vote of those present, except that recommendations for retirement, censure, suspension, or

removal of any person holding an office named in Paragraph A of Subsection (6) of this Section shall

be by affirmative vote of at least six (6) 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 office for willful or persistent violation of rules promulgated by the Supreme

Court of Texas, incompetence in performing the duties of the office, 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 office may be disciplined or censured, in lieu of removal from office, as provided by this section.

Any person holding an office specified in this subsection may be suspended from office 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 official misconduct. On the filing of a sworn

complaint charging a person holding such office with willful or persistent violation of rules promulgated

by the Supreme Court of Texas, incompetence in performing the duties of the office, 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 office. The

Supreme Court, after considering the record of such appearance and the recommendation of the

Commission, may suspend the person from office with or without pay, pending final disposition of the

charge.

B. Any person holding an office named in Paragraph A of this subsection who is eligible for

retirement benefits under the laws of this state providing for judicial retirement may be involuntarily

retired, and any person holding an office named in that paragraph who is not eligible for retirement

benefits under such laws may be removed from office, for disability seriously interfering with the

performance of his duties, which is, or is likely to become, permanent in nature.

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 officer 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 office 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 office 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 office or position specified 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 finds 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 office or position specified in Subsection (6) of this Section and shall

thereupon file 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 office or position specified 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 official 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 filed with

the review tribunal, it shall order public censure, retirement or removal, as it finds just and proper, or

wholly reject the recommendation. 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 office 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 office in the future. The rights of an incumbent so retired to

retirement benefits shall be the same as if his retirement had been voluntary.

(10) All papers filed with and proceedings before the Commission or a Master shall be confidential,

unless otherwise provided by law, and the filing 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 office or position specified 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 office or position specified 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 office specified 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 office 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.)

Sec. 2. SUPREME COURT; JUSTICES; SECTIONS; ELIGIBILITY; ELECTION; VACANCIES.

(a) The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute

a quorum, and the concurrence of five 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 office 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-five years, and has been a practicing

lawyer, or a lawyer and judge of a court of record together at least ten years.

at a general election; shall hold their offices 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.4

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 final except in criminal law

matters. Its appellate jurisdiction shall be final 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 specified, except as against the Governor of the State.

(b) The Supreme Court shall also have power, upon affidavit 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.4

Sec. 3a. (Repealed Nov. 6, 2001.)

TEMPORARY TRANSITION PROVISION.4

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.)

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 certified 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 qualifications and receive the same

salaries as the Associate Justices of the Supreme Court, and the Presiding Judge shall have the same

qualifications and receive the same salary as the Chief Justice of the Supreme Court. The Presiding Judge

and the Judges shall be elected by the qualified voters of the state at a general election and shall hold their

offices 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, five Judges shall constitute a quorum and the concurrence of five

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.4

Sec. 5. JURISDICTION OF COURT OF CRIMINAL APPEALS; TERMS OF COURT; CLERK. (a)

The Court of Criminal Appeals shall have final appellate jurisdiction coextensive with the limits of the state,

and its determinations shall be final, 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.

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 or enforce its

judgments. The court shall have the power upon affidavit 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.4

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 office 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.4

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.4

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 officials as may be provided by law. The Justices shall have the qualifications 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

qualified 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.

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.4

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. Each district judge shall be

elected by the qualified 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 office and hold his office for the period of four (4) years, and who shall receive for his

services an annual salary to be fixed 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 disqualified 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 filled for the unexpired term in the same manner as the original appointment.

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 first 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 file its order with the

secretary of state not later than August 31 of the same year. If the 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 final 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 specific 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 officers 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.)

Sec. 9. CLERK OF DISTRICT COURT. There shall be a Clerk for the District Court of each county, who

shall be elected by the qualified voters and who shall hold his office 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 office can be filled by

election. (Amended Nov. 2, 1954, and Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.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 affinity 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

disqualified to hear and determine any case or cases in said court, the same shall be certified 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 disqualified 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 disqualification of judges of inferior tribunals shall

be remedied and vacancies in their offices filled as may be prescribed by law. (Amended Aug. 11, 1891, and

Nov. 6, 2001.)

TEMPORARY TRANSITION PROVISION.4

Sec. 12. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND

INFORMATION. (a) All judges of courts of this State, by virtue of their office, 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, sufficiency,

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.)

Sec. 13. NUMBER OF GRAND AND PETIT JURORS; NUMBER CONCURRING. Grand and petit juries in

the District Courts shall be composed of twelve persons; but nine members of a grand jury shall be a quorum

to transact business and present bills. In trials of civil cases, and in trials of criminal cases below the grade

of felony 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.)

TEMPORARY TRANSITION PROVISION.4

Sec. 14. JUROR QUALIFICATIONS. (a) The legislature shall prescribe by law the qualifications 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.4

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 qualified

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 office for four years, and until his successor shall be elected and qualified. 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 officer 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 disqualified 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 filed by the county

attorney, or by affidavit, as may be provided by law. Grand juries empaneled in the District Courts shall

inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be

certified 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

affidavit. 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 affidavit that the party is unable to pay the jury fee. (Amended Nov. 5, 1985, and Nov. 6, 2001.)

TEMPORARY TRANSITION PROVISION.4

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 office for four years and until his successor shall be elected and qualified; 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 qualified voters

thereof one County Commissioner, who shall hold his office for four years and until his successor shall

be elected and qualified. The County Commissioners so chosen, with the County Judge as presiding

officer, shall compose the County Commissioners Court, which shall 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.

and Constable in office on the effective date of the change, or elected to a term of office 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 office of Justice of the

Peace or Constable, the Commissioners Court shall fill the vacancy by appointment until the next

general election.

(d) When the boundaries of commissioners precincts are changed, each commissioner in office on

the effective date of the change, or elected to a term of office 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 office of Constable is abolished in Mills County, Reagan County, and Roberts County. The

powers, duties, and records of the office are transferred to the County Sheriff.

TEMPORARY TRANSITION PROVISION.4

(f) The Legislature by general law may prescribe the qualifications of constables. (Amended Nov.

2, 1954; Subsecs. (a) and (b) amended and (c) and (d) added Nov. 8, 1983; Subsec. (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.)

TEMPORARY TRANSITION PROVISION.4

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

fine 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 officio notaries

public. (Amended Nov. 7, 1978, and Nov. 5, 1985.)

Sec. 20. COUNTY CLERK. There shall be elected for each county, by the qualified voters, a County

Clerk, who shall hold his office for four years, who shall be clerk of the County and Commissioners Courts

and recorder of the county, whose duties, perquisites and fees of office shall be prescribed by the Legislature,

and a vacancy in whose office shall be filled 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 qualified voters of each county, who

shall be commissioned by the Governor, and hold his office 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 office for a term of four years, and until their successors have

qualified. (Amended Nov. 2, 1954.)

Sec. 22. (Repealed Nov. 5, 1985.)

Sec. 23. SHERIFFS. There shall be elected by the qualified voters of each county a Sheriff, who shall hold

his office for the term of four years, whose duties, qualifications, perquisites, and fees of office, shall be

prescribed by the Legislature, and vacancies in whose office shall be filled 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 officers, may be removed by the

Judges of the District Courts for incompetency, official misconduct, habitual drunkenness, or other causes

defined by law, upon the cause therefor being set forth in writing and the finding 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.4

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 office 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 filled by the Governor until the next succeeding General

Election for state officers, and at that election the voters shall fill the vacancy for the unexpired term.

(b) A vacancy in the office of County Judge or Justice of the Peace shall be filled by the

Commissioners Court until the next succeeding General Election. (Amended Aug. 11, 1891, Nov. 4, 1958, and

Nov. 6, 2001.)

TEMPORARY TRANSITION PROVISION.4

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 fixed by the Commissioners Court;

provided, the Commissioners Court of any county having fixed 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 first 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.4

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 qualified. (Added

Nov. 2, 1954.)

Sec. 31. COURT ADMINISTRATION; RULE-MAKING AUTHORITY; ACTION ON MOTION FOR

REHEARING. (a) The Supreme Court is responsible for the efficient 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 efficient and uniform administration of justice in the various courts.

(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 efficient and uniform administration of justice in the

various courts.

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 filed, the motion is denied. (Added Nov. 5, 1985; Subsec. (d) added Nov.

4, 1997.)

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.4

Sec. 2. QUALIFIED ELECTOR; REGISTRATION; ABSENTEE VOTING. (a) Every person subject

to none of the disqualifications 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 qualified 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 qualification of a voter within the meaning of the term

"qualified voter" as used in any other Article of this Constitution in respect to any matter except qualification

and eligibility to vote at an election.

(b) The Legislature may authorize absentee voting.

under adequate penalties all undue influence 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 PROVISION.4

TEMPORARY TRANSITION PROVISIONS.1

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 qualified 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 offices, questions or propositions to be voted on by all voters throughout this State.

TEMPORARY TRANSITION PROVISIONS.1

(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 qualified 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 a

General Election in a presidential election year, and (3) who shall have been a qualified 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.

TEMPORARY TRANSITION PROVISIONS.1

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 qualifications, 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.)

Sec. 3. MUNICIPAL ELECTIONS; QUALIFICATIONS OF VOTERS. All qualified 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 officers. (Amended Nov. 4, 1997, and Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.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 defined district now or hereafter

to be described and defined 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 qualified voters of the State, county, political sub-division,

district, city, town or village where such election is held shall be qualified to vote. (Added Nov. 8, 1932;

amended Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.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.

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 efficient 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. (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 Office on

December 15, 1999; and

(2) further described by the field notes prepared by a licensed state land surveyor of Travis County

in September through November 1999 and May 2000.

owners of the remaining interests in such lands and minerals. Title to the lands, excluding the minerals,

described by Subsection (b) is confirmed 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 Office 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 filing

fee or patent fee may be required.

(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 Office;

(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;

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 filled land, or islands; or

(2) land that has been determined to be state-owned by judicial decree.

(1) resolve boundary disputes; or

(2) change the mineral reservation in an existing patent.

(d) This section takes effect January 1, 2002. This subsection expires January 2, 2002. (Added

Nov. 6, 2001.)

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 benefit of the public free schools.

(b) It shall be the duty of the State Board of Education to set aside a sufficient amount of available

funds to provide free text books for the use of children attending the public free schools of this State.

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 qualified 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.1

Sec. 3a. (Repealed Aug. 5, 1969.)

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.4

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 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 significance;

(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 principal of all bonds and other funds, and the principal arising from

the sale of the lands hereinbefore set apart to said school fund, shall be the permanent school fund, and all

the interest derivable therefrom and the taxes herein authorized and levied shall be the available school fund.

The available school fund shall be applied annually to the support of the public free schools. Except as

provided by this section, no law shall ever be enacted appropriating any part of the permanent or available

school fund to any other purpose whatever; nor shall the same, or any part thereof ever be appropriated to

or used for the support of any sectarian school; and the available school fund herein provided shall be

distributed to the several counties according to their scholastic population and applied in such manner as may

be provided by law.

(b) The legislature by law may provide for using the permanent school fund and the income from

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.

permanent school fund or of a bond guarantee program established under this section.

(d) 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. (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.)

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 benefit of public 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.4

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 sufficient 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 financial 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.4

Sec. 9-a. TEMPORARY PROVISION. (a) All land and other property set apart under former Section 9

of this article to provide a permanent fund described by former Section 9 and constituting such a fund on the

date former Section 9 of this article is repealed shall be sold by the General Land Office as soon as

practicable after that date and the proceeds shall be deposited to the credit of the general revenue fund to be

appropriated for the benefit of education.

(b) All money remaining in the permanent funds established under former Section 9 of this article

on the date that section is repealed shall be transferred on that date to the Texas School for the Blind and

Visually Impaired and the Texas School for the Deaf, in equal shares. All outstanding income accrued

to the benefit of those permanent funds before that date that are collected after that date and before this

section expires shall be deposited to the credit of the general revenue fund.

TEMPORARY TRANSITION PROVISION.4

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 first 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 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 specific

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 five 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 five (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 University Fund, except the

portion thereof which is appropriated by the operation of Section 18 of Article VII for the payment of

principal and interest on bonds or notes issued thereunder, shall be subject to appropriation by the Legislature

to accomplish the purposes declared in Section 10 of Article VII of this Constitution.

This amendment shall be self-enacting, and shall become effective upon its adoption, provided, however,

that the Legislature shall provide by law for full disclosure of all details concerning the investments in

corporate stocks and bonds and other investments authorized herein. (Added Nov. 6, 1956; amended Nov.

5, 1968.)

Sec. 11b. PERMANENT UNIVERSITY FUND; AUTHORIZED INVESTMENTS. Notwithstanding any other

provision of this constitution, in managing the assets of the permanent university fund, the Board of Regents of

The University of Texas System may acquire, exchange, sell, supervise, manage, or retain, through

procedures and subject to restrictions it establishes and in amounts it considers appropriate, any kind of

investment, including investments in the Texas growth fund created by Article XVI, Section 70, of this

constitution, that prudent investors, exercising reasonable care, skill, and caution, would acquire or retain

in light of the purposes, terms, distribution requirements, and other circumstances of the fund then

prevailing, taking into consideration the investment of all the assets of the fund rather than a single

investment. (Added Nov. 8, 1988; amended Nov. 7, 1995, and Nov. 2, 1999.)

Sec. 12. SALE OF LANDS. The land herein set apart to the University fund shall be sold under such

regulations, at such times, and on such terms as may be provided by law; and the Legislature shall provide

for the prompt collection, at maturity, of all debts due on account of University lands, heretofore sold, or that

may hereafter be sold, and shall in neither event have the power to grant relief to the purchasers.

Sec. 13. AGRICULTURAL AND MECHANICAL COLLEGE. The Agricultural and Mechanical College of

Texas, established by an Act of the Legislature passed April 17th, 1871, located in the county of Brazos, is

hereby made, and constituted a Branch of the University of Texas, for instruction in Agriculture, the

Mechanic Arts, and the Natural Sciences connected therewith. And the Legislature shall at its next session,

make an appropriation, not to exceed forty thousand dollars, for the construction and completion of the

buildings and improvements, and for providing the furniture necessary to put said College in immediate and

successful operation.

Sec. 14. PRAIRIE VIEW A&M UNIVERSITY. Prairie View A&M University in Waller County is an

institution of the first class under the direction of the same governing board as Texas A&M University

referred to in Article VII, Section 13, of this constitution as the Agricultural and Mechanical College of

Texas. (Amended Nov. 6, 1984.)

Sec. 15. GRANT OF ADDITIONAL LANDS TO UNIVERSITY. In addition to the lands heretofore granted to

the University of Texas, there is hereby set apart, and appropriated, for the endowment maintenance, and

support of said University and its branches, one million acres of the unappropriated public domain of the

State, to be designated, and surveyed as may be provided by law; and said lands shall be sold under the same

regulations, and the proceeds invested in the same manner, as is provided for the sale and investment of the

permanent University fund; and the Legislature shall not have power to grant any relief to the purchasers of

said lands.

Sec. 16. COUNTY TAXATION OF UNIVERSITY LANDS. All land mentioned in Sections 11, 12, and

15 of Article VII, of the Constitution of the State of Texas, now belonging to the University of Texas shall

be subject to the taxation for county purposes to the same extent as lands privately owned; provided they

shall be rendered for taxation upon values fixed by the State Tax Board; and providing that the State shall

remit annually to each of the counties in which said lands are located an amount equal to the tax imposed

upon said land for county purposes. (Added Nov. 4, 1930.)

Sec. 16-a. TERMS OF OFFICE. The Legislature shall fix by law the terms of all offices of the public

school system and of the State institutions of higher education, inclusive, and the terms of members of the

respective boards, not to exceed six years. (Added Nov. 6, 1928; amended Nov. 4, 1997.)

Sec. 17. COLLEGES AND UNIVERSITIES; APPROPRIATIONS AND FUNDING. (a) In the fiscal year

beginning September 1, 1985, and each fiscal year thereafter, there is hereby appropriated out of the first

money coming into the state treasury not otherwise appropriated by the constitution $100 million to be used

by eligible agencies and institutions of higher education for the purpose of acquiring land either with or

without permanent improvements, constructing and equipping buildings or other permanent improvements,

major repair or rehabilitation of buildings or other permanent improvements, acquisition of capital

equipment, library books and library materials, and paying for acquiring, constructing, or equipping or for

major repair or rehabilitation of buildings, facilities, other permanent improvements, or capital equipment

used jointly for educational and general activities and for auxiliary enterprises to the extent of their use for

educational and general activities. For the five-year period that begins on September 1, 2000, and for each

five-year period that begins after that period, the legislature, during a regular session that is nearest, but

preceding, a five-year period, may by two-thirds vote of the membership of each house increase the amount

of the constitutional appropriation for the five-year period but may not adjust the appropriation in such a way

as to impair any obligation created by the issuance of bonds or notes in accordance with this section.

(b) The funds appropriated under Subsection (a) of this section shall be for the use of the following

eligible agencies and institutions of higher education (even though their names may be changed):

(1) East Texas State University including East Texas State University at Texarkana;

(2) Lamar University including Lamar University at Orange and Lamar University at Port Arthur;

(3) Midwestern State University;

(4) University of North Texas;

(5) The University of Texas Pan American including The University of Texas at Brownsville;

(6) Stephen F. Austin State University;

(7) Texas College of Osteopathic Medicine;

(8) Texas State University System Administration and the following component institutions:

(9) Angelo State University;

(10) Sam Houston State University;

(11) Southwest Texas State University;

(12) Sul Ross State University including Uvalde Study Center;

(13) Texas Southern University;

(14) Texas Tech University;

(15) Texas Tech University Health Sciences Center;

(16) Texas Woman's University;

(17) University of Houston System Administration and the following component institutions:

(18) University of Houston;

(19) University of Houston Victoria;

(20) University of Houston Clear Lake;

(21) University of Houston Downtown;

(22) Texas A&M University Corpus Christi;

(23) Texas A&M International University;

(24) Texas A&M University Kingsville;

(25) West Texas A&M University; and

(26) Texas State Technical College System and its campuses, but not its extension centers or

programs.

of higher education may be created at a later date by general law, and, when created, such an institution

shall be entitled to participate in the funding provided by this section if it is not created as a part of The

University of Texas System or The Texas A&M University System. An institution that is entitled to

participate in dedicated funding provided by Article VII, Section 18, of this constitution may not be

entitled to participate in the funding provided by this section.

(d) In the year 1985 and every 10 years thereafter, the legislature or an agency designated by the

legislature no later than August 31 of such year shall allocate by equitable formula the annual

appropriations made under Subsection (a) of this section to the governing boards of eligible agencies

and institutions of higher education. The legislature shall review, or provide for a review, of the

allocation formula at the end of the fifth year of each 10-year allocation period. At that time adjustments

may be made in the allocation formula, but no adjustment that will prevent the payment of outstanding

bonds and notes, both principal and interest, may be made.

(d-1) Notwithstanding Subsection (d) of this section, the allocation of the annual appropriation to

Texas State Technical College System and its campuses may not exceed 2.2 percent of the total

appropriation each fiscal year.

(e) Each governing board authorized to participate in the distribution of money under this section

is authorized to expend all money distributed to it for any of the purposes enumerated in Subsection (a).

In addition, such governing board may issue bonds and notes for the purposes of refunding bonds or

notes issued under this section or prior law, acquiring land either with or without permanent

improvements, constructing and equipping buildings or other permanent improvements, acquiring

capital equipment, library books, and library materials, paying for acquiring, constructing, or equipping

or for major repair or rehabilitation of buildings, facilities, other permanent improvements, or capital

equipment used jointly for educational and general activities and for auxiliary enterprises to the extent

of their use for educational and general activities, and for major repair and rehabilitation of buildings

or other permanent improvements, and may pledge up to 50 percent of the money allocated to such

governing board pursuant to this section to secure the payment of the principal and interest of such

bonds or notes. Proceeds from the issuance of bonds or notes under this subsection shall be maintained

in a local depository selected by the governing board issuing the bonds or notes. The bonds and notes

issued under this subsection shall be payable solely out of the money appropriated by this section and

shall mature serially or otherwise in not more than 10 years from their respective dates. All bonds issued

under this section shall be sold only through competitive bidding and are subject to approval by the

attorney general. Bonds approved by the attorney general shall be incontestable. The permanent

university fund may be invested in the bonds and notes issued under this section.

(f) The funds appropriated by this section may not be used for the purpose of constructing,

equipping, repairing, or rehabilitating buildings or other permanent improvements that are to be used

only for student housing, intercollegiate athletics, or auxiliary enterprises.

(g) The comptroller of public accounts shall make annual transfers of the funds allocated pursuant

to Subsection (d) directly to the governing boards of the eligible institutions.

(h) To assure efficient use of construction funds and the orderly development of physical plants to

accommodate the state's real need, the legislature may provide for the approval or disapproval of all new

construction projects at the eligible agencies and institutions entitled to participate in the funding

provided by this section.

(i) The legislature by general law may dedicate portions of the state's revenues to the creation of

a dedicated fund ("the higher education fund") for the purposes expressed in Subsection (a) of this

section. The legislature shall provide for administration of the fund, which shall be invested in the

manner provided for investment of the permanent university fund. The income from the investment of

the higher education fund shall be credited to the higher education fund until such time as the fund totals

$2 billion. The principal of the higher education fund shall never be expended. At the beginning of the

fiscal year after the fund reaches $2 billion, as certified by the comptroller of public accounts, the

dedication of general revenue funds provided for in Subsection (a) of this section shall cease. At the

beginning of the fiscal year after the fund reaches $2 billion, and each year thereafter, 10 percent of the

interest, dividends, and other income accruing from the investments of the higher education fund during

the previous fiscal year shall be deposited and become part of the principal of the fund, and out of the

remainder of the annual income from the investment of the principal of the fund there shall be

appropriated an annual sum sufficient to pay the principal and interest due on the bonds and notes issued

under this section and the balance of the income shall be allocated, distributed, and expended as

provided for the appropriations made under Subsection (a).

(j) The state systems and institutions of higher education designated in this section may not receive

any additional funds from the general revenue of the state for acquiring land with or without permanent

improvements, for constructing or equipping buildings or other permanent improvements, or for major

repair and rehabilitation of buildings or other permanent improvements except that:

(1) in the case of fire or natural disaster the legislature may appropriate from the general revenue

an amount sufficient to replace the uninsured loss of any building or other permanent improvement; and

(2) the legislature, by two-thirds vote of each house, may, in cases of demonstrated need, which

need must be clearly expressed in the body of the act, appropriate additional general revenue funds for

acquiring land with or without permanent improvements, for constructing or equipping buildings or

other permanent improvements, or for major repair and rehabilitation of buildings or other permanent

improvements.

This subsection does not apply to legislative appropriations made prior to the adoption of this amendment.

(k) Without the prior approval of the legislature, appropriations under this section may not be expended

for acquiring land with or without permanent improvements, or for constructing and equipping buildings or

other permanent improvements, for a branch campus or educational center that is not a separate

degree-granting institution created by general law.

(l) This section is self-enacting upon the issuance of the governor's proclamation declaring the

adoption of the amendment, and the state comptroller of public accounts shall do all things necessary

to effectuate this section. This section does not impair any obligation created by the issuance of any

bonds and notes in accordance with prior law, and all outstanding bonds and notes shall be paid in full,

both principal and interest, in accordance with their terms. If the provisions of this section conflict with

any other provisions of this constitution, then the provisions of this section shall prevail, notwithstanding

all such conflicting provisions. (Added Nov. 6, 1984; Subsecs. (a), (b), (e), (f), and (g) amended and

(d-1) added Nov. 2, 1993; Subsec. (l) amended Nov. 7, 1995.)

Sec. 18. TEXAS A&M UNIVERSITY SYSTEM; UNIVERSITY OF TEXAS SYSTEM; BONDS OR

NOTES PAYABLE FROM INCOME OF AVAILABLE UNIVERSITY FUND. (a) The Board of

Regents of The Texas A&M University System may issue bonds and notes not to exceed a total amount of

10 percent of the cost value of the investments and other assets of the permanent university fund (exclusive

of real estate) at the time of the issuance thereof, and may pledge all or any part of its one-third interest in

the available university fund to secure the payment of the principal and interest of those bonds and notes,

for the purpose of acquiring land either with or without permanent improvements, constructing and

equipping buildings or other permanent improvements, major repair and rehabilitation of buildings and other

permanent improvements, acquiring capital equipment and library books and library materials, and refunding

bonds or notes issued under this Section or prior law, at or for The Texas A&M University System

administration and the following component institutions of the system:

(1) Texas A&M University, including its medical college which the legislature may authorize as

a separate medical institution;

(2) Prairie View A&M University, including its nursing school in Houston;

(3) Tarleton State University;

(4) Texas A&M University at Galveston;

(5) Texas Forest Service;

(6) Texas Agricultural Experiment Stations;

(7) Texas Agricultural Extension Service;

(8) Texas Engineering Experiment Stations;

(9) Texas Transportation Institute; and

(10) Texas Engineering Extension Service.

(b) The Board of Regents of The University of Texas System may issue bonds and notes not to

exceed a total amount of 20 percent of the cost value of investments and other assets of the permanent

university fund (exclusive of real estate) at the time of issuance thereof, and may pledge all or any part

of its two-thirds interest in the available university fund to secure the payment of the principal and

interest of those bonds and notes, for the purpose of acquiring land either with or without permanent

improvements, constructing and equipping buildings or other permanent improvements, major repair

and rehabilitation of buildings and other permanent improvements, acquiring capital equipment and

library books and library materials, and refunding bonds or notes issued under this section or prior law,

at or for The University of Texas System administration and the following component institutions of the

system:

(1) The University of Texas at Arlington;

(2) The University of Texas at Austin;

(3) The University of Texas at Dallas;

(4) The University of Texas at El Paso;

(5) The University of Texas of the Permian Basin;

(6) The University of Texas at San Antonio;

(7) The University of Texas at Tyler;

(8) The University of Texas Health Science Center at Dallas;

(9) The University of Texas Medical Branch at Galveston;

(10) The University of Texas Health Science Center at Houston;

(11) The University of Texas Health Science Center at San Antonio;

(12) The University of Texas System Cancer Center;

(13) The University of Texas Health Center at Tyler; and

(14) The University of Texas Institute of Texan Cultures at San Antonio.

of higher education may be created at a later date as a part of The University of Texas System or The

Texas A&M University System by general law, and, when created, such an institution shall be entitled

to participate in the funding provided by this section for the system in which it is created. An institution

that is entitled to participate in dedicated funding provided by Article VII, Section 17, of this

constitution may not be entitled to participate in the funding provided by this section.

(d) The proceeds of the bonds or notes issued under Subsection (a) or (b) of this section may not

be used for the purpose of constructing, equipping, repairing, or rehabilitating buildings or other

permanent improvements that are to be used for student housing, intercollegiate athletics, or auxiliary

enterprises.

(e) The available university fund consists of the distributions made to it from the total return on all

investment assets of the permanent university fund, including the net income attributable to the surface

of permanent university fund land. The amount of any distributions to the available university fund shall

be determined by the board of regents of The University of Texas System in a manner intended to

provide the available university fund with a stable and predictable stream of annual distributions and

to maintain over time the purchasing power of permanent university fund investments and annual

distributions to the available university fund. The amount distributed to the available university fund

in a fiscal year must be not less than the amount needed to pay the principal and interest due and owing

in that fiscal year on bonds and notes issued under this section. If the purchasing power of permanent

university fund investments for any rolling 10-year period is not preserved, the board may not increase

annual distributions to the available university fund until the purchasing power of the permanent

university fund investments is restored, except as necessary to pay the principal and interest due and

owing on bonds and notes issued under this section. An annual distribution made by the board to the

available university fund during any fiscal year may not exceed an amount equal to seven percent of the

average net fair market value of permanent university fund investment assets as determined by the

board, except as necessary to pay any principal and interest due and owing on bonds issued under this

section. The expenses of managing permanent university fund land and investments shall be paid by

the permanent university fund.

(f) Out of one-third of the annual distribution from the permanent university fund to the available

university fund, there shall be appropriated an annual sum sufficient to pay the principal and interest due

on the bonds and notes issued by the Board of Regents of The Texas A&M University System under this

section and prior law, and the remainder of that one-third of the annual distribution to the available

university fund shall be appropriated to the Board of Regents of The Texas A&M University System

which shall have the authority and duty in turn to appropriate an equitable portion of the same for the

support and maintenance of The Texas A&M University System administration, Texas A&M University,

and Prairie View A&M University. The Board of Regents of The Texas A&M University System, in

making just and equitable appropriations to Texas A&M University and Prairie View A&M University,

shall exercise its discretion with due regard to such criteria as the board may deem appropriate from year

to year. Out of the other two-thirds of the annual distribution from the permanent university fund to the

available university fund there shall be appropriated an annual sum sufficient to pay the principal and

interest due on the bonds and notes issued by the Board of Regents of The University of Texas System

under this section and prior law, and the remainder of such two-thirds of the annual distribution to the

available university fund, shall be appropriated for the support and maintenance of The University of

Texas at Austin and The University of Texas System administration.

(f) (Expired Nov. 6, 1994.)

(g) The bonds and notes issued under this section shall be payable solely out of the available

university fund, mature serially or otherwise in not more than 30 years from their respective dates, and,

except for refunding bonds, be sold only through competitive bidding. All of these bonds and notes are

subject to approval by the attorney general and when so approved are incontestable. The permanent

university fund may be invested in these bonds and notes.

(h) To assure efficient use of construction funds and the orderly development of physical plants to

accommodate the state's real need, the legislature may provide for the approval or disapproval of all new

construction projects at the eligible agencies and institutions entitled to participate in the funding

provided by this section except The University of Texas at Austin, Texas A&M University in College

Station, and Prairie View A&M University.

(i) The state systems and institutions of higher education designated in this section may not receive

any funds from the general revenue of the state for acquiring land with or without permanent

improvements, for constructing or equipping buildings or other permanent improvements, or for major

repair and rehabilitation of buildings or other permanent improvements except that:

(1) in the case of fire or natural disaster the legislature may appropriate from the general revenue

an amount sufficient to replace the uninsured loss of any building or other permanent improvement; and

(2) the legislature, by two-thirds vote of each house, may, in cases of demonstrated need, which

need must be clearly expressed in the body of the act, appropriate general revenue funds for acquiring

land with or without permanent improvements, for constructing or equipping buildings or other

permanent improvements, or for major repair and rehabilitation of buildings or other permanent

improvements.

This subsection does not apply to legislative appropriations made prior to the adoption of this amendment.

(j) This section is self-enacting on the issuance of the governor's proclamation declaring the

adoption of this amendment, and the state comptroller of public accounts shall do all things necessary

to effectuate this section. This section does not impair any obligation created by the issuance of bonds

or notes in accordance with prior law, and all outstanding bonds and notes shall be paid in full, both

principal and interest, in accordance with their terms, and the changes herein made in the allocation of

the available university fund shall not affect the pledges thereof made in connection with such bonds

or notes heretofore issued. If the provisions of this section conflict with any other provision of this

constitution, then the provisions of this section shall prevail, notwithstanding any such conflicting

provisions. (Added Aug. 23, 1947; amended Nov. 6, 1956, Nov. 8, 1966, and Nov. 6, 1984; Subsec. (j)

amended Nov. 7, 1995; Subsec. (e) amended and Subsec. (f) added Nov. 2, 1999.)

TEMPORARY PROVISION.2

Sec. 19. TEXAS TOMORROW FUND. (a) The Texas tomorrow fund is created as a trust fund dedicated

to the prepayment of tuition and fees for higher education as provided by the general laws of this state for

the prepaid higher education tuition program. The assets of the fund are held in trust for the benefit of

participants and beneficiaries and may not be diverted. The state shall hold the assets of the fund for the

exclusive purposes of providing benefits to participants and beneficiaries and defraying reasonable expenses

of administering the program.

(b) Financing of benefits must be based on sound actuarial principles. The amount contributed by

a person participating in the prepaid higher education program shall be as provided by the general laws

of this state, but may not be less than the amount anticipated for tuition and required fees based on sound

actuarial principles. If in any fiscal year there is not enough money in the Texas tomorrow fund to pay

the tuition and required fees of an institution of higher education in which a beneficiary enrolls or the

appropriate portion of the tuition and required fees of a private or independent institution of higher

education in which a beneficiary enrolls as provided by a prepaid tuition contract, there is appropriated

out of the first money coming into the state treasury in each fiscal year not otherwise appropriated by

the constitution the amount that is sufficient to pay the applicable amount of tuition and required fees

of the institution.

considered prudent investments. Investments shall be made in the exercise of judgment and care under

the circumstances that a person of ordinary prudence, discretion, and intelligence exercises in the

management of the person's affairs, not for speculation, but for the permanent disposition of funds,

considering the probable income from the disposition as well as the probable safety of capital.

(d) The state comptroller of public accounts shall take the actions necessary to implement this

section.

(e) To the extent this section conflicts with any other provision of this constitution, this section

controls. (Added Nov. 4, 1997.)

ARTICLE 8

TAXATION AND REVENUE

Sec. 1. EQUALITY AND UNIFORMITY; TAX IN PROPORTION TO VALUE; INCOME TAX; EXEMPTION

OF CERTAIN TANGIBLE PERSONAL PROPERTY FROM AD VALOREM

TAXATION. (a) Taxation shall be equal and uniform.

(b) All real property and tangible personal property in this State, unless exempt as required or

permitted by this Constitution, whether owned by natural persons or corporations, other than municipal,

shall be taxed in proportion to its value, which shall be ascertained as may be provided by law.

occupation taxes, both upon natural persons and upon corporations, other than municipal, doing any

business in this State. Subject to the restrictions of Section 24 of this article, it may also tax incomes

of both natural persons and corporations other than municipal. Persons engaged in mechanical and

agricultural pursuits shall never be required to pay an occupation tax.

(d) The Legislature by general law shall exempt from ad valorem taxation household goods not held

or used for the production of income and personal effects not held or used for the production of income.

The Legislature by general law may exempt from ad valorem taxation:

(1) all or part of the personal property homestead of a family or single adult, "personal property

homestead" meaning that personal property exempt by law from forced sale for debt;

(2) subject to Subsections (e), (g), and (j) of this section, all other tangible personal property, except

structures which are personal property and are used or occupied as residential dwellings and except

property held or used for the production of income; and

(3) subject to Subsection (e) of this section, a leased motor vehicle that is not held primarily for the

production of income by the lessee and that otherwise qualifies under general law for exemption.

(e) The governing body of a political subdivision may provide for the taxation of all property

exempt under a law adopted under Subdivision (2) or (3) of Subsection (d) of this section and not

exempt from ad valorem taxation by any other law. The Legislature by general law may provide

limitations to the application of this subsection to the taxation of vehicles exempted under the authority

of Subdivision (3) of Subsection (d) of this section.

(f) The occupation tax levied by any county, city or town for any year on persons or corporations

pursuing any profession or business, shall not exceed one half of the tax levied by the State for the same

period on such profession or business.

(g) The Legislature may exempt from ad valorem taxation tangible personal property that is held

or used for the production of income and has a taxable value of less than the minimum amount sufficient

to recover the costs of the administration of the taxes on the property, as determined by or under the

general law granting the exemption.

(h) The Legislature may exempt from ad valorem taxation a mineral interest that has a taxable value

of less than the minimum amount sufficient to recover the costs of the administration of the taxes on the

interest, as determined by or under the general law granting the exemption.

(i) Notwithstanding Subsections (a) and (b) of this section, the Legislature by general law may

limit the maximum average annual percentage increase in the appraised value of residence homesteads

for ad valorem tax purposes to 10 percent, or a greater percentage, for each year since the most recent

tax appraisal. A limitation on appraisal increases authorized by this subsection:

(1) takes effect as to a residence homestead on the later of the effective date of the law imposing

the limitation or January 1 of the tax year following the first tax year the owner qualifies the property

for an exemption under Section 1-b of this article; and

(2) Expires on January 1 of the first tax year that neither the owner of the property when the

limitation took effect nor the owner's spouse or surviving spouse qualifies for an exemption under

Section 1-b of this article.

(j) The Legislature by general law may authorize a taxing unit, other than a school district, to

exempt from ad valorem taxation by the taxing unit, a travel trailer, as defined by the Legislature,

regardless of whether the travel trailer is real or personal property, that:

(1) on January 1 of the applicable tax year is registered in this state in compliance with the laws of

this state relating to the registration of vehicles; and

(2) is not held or used for the production of income.

(j-1) Subsection (j) of this section and this subsection take effect January 1, 2002. This subsection

expires January 1, 2004. (Amended Nov. 7, 1978, and Nov. 3, 1987; Subsecs. (b) and (f) amended Nov.

7, 1989; Subsec. (e) amended Aug. 10, 1991; Subsec. (c) amended Nov. 2, 1993; Subsec. (d) amended

and (g) and (h) added Nov. 7, 1995; Subsec. (i) added Nov. 4, 1997; Subsecs. (d) and (e) amended Nov.

2, 1999; Subsec. (d) amended and (j) and (j-1) added Nov. 6, 2001.)

Sec. 1-a. NO STATE AD VALOREM TAX LEVY; COUNTY LEVY FOR ROADS AND FLOOD

CONTROL; TAX DONATIONS. The several counties of the State are authorized to levy ad valorem taxes

upon all property within their respective boundaries for county purposes, except the first Three Thousand

Dollars ($3,000) value of residential homesteads of married or unmarried adults, including those living alone,

not to exceed thirty cents (30›) on each One Hundred Dollars ($100) valuation, in addition to all other ad

valorem taxes authorized by the Constitution of this State, provided the revenue derived therefrom shall be

used for construction and maintenance of Farm to Market Roads or for Flood Control, except as herein

otherwise provided. (Added Nov. 8, 1932; amended Aug. 26, 1933, Nov. 2, 1948, Nov. 6, 1973, Nov. 2,

1999, and Nov. 6, 2001.)

TEMPORARY TRANSITION PROVISIONS.1

TEMPORARY TRANSITION PROVISION.4

Sec. 1-b. RESIDENCE HOMESTEAD EXEMPTION. (a) Three Thousand Dollars ($3,000) of the assessed

taxable value of all residence homesteads of married or unmarried adults, male or female, including those

living alone, shall be exempt from all taxation for all State purposes.

(b) The governing body of any county, city, town, school district, or other political subdivision of

the State may exempt by its own action not less than Three Thousand Dollars ($3,000) of the market

value of residence homesteads of persons, married or unmarried, including those living alone, who are

under a disability for purposes of payment of disability insurance benefits under Federal Old-Age,

Survivors, and Disability Insurance or its successor or of married or unmarried persons sixty-five (65)

years of age or older, including those living alone, from all ad valorem taxes thereafter levied by the

political subdivision. As an alternative, upon receipt of a petition signed by twenty percent (20%) of

the voters who voted in the last preceding election held by the political subdivision, the governing body

of the subdivision shall call an election to determine by majority vote whether an amount not less than

Three Thousand Dollars ($3,000) as provided in the petition, of the market value of residence

homesteads of disabled persons or of persons sixty-five (65) years of age or over shall be exempt from

ad valorem taxes thereafter levied by the political subdivision. An eligible disabled person who is

sixty-five (65) years of age or older may not receive both exemptions from the same political

subdivision in the same year but may choose either if the subdivision has adopted both. Where any ad

valorem tax has theretofore been pledged for the payment of any debt, the taxing officers of the political

subdivision shall have authority to continue to levy and collect the tax against the homestead property

at the same rate as the tax so pledged until the debt is discharged, if the cessation of the levy would

impair the obligation of the contract by which the debt was created.

TEMPORARY TRANSITION PROVISIONS.1

or unmarried adult, including one living alone, is exempt from ad valorem taxation for general

elementary and secondary public school purposes. The legislature by general law may provide that all

or part of the exemption does not apply to a district or political subdivision that imposes ad valorem

taxes for public education purposes but is not the principal school district providing general elementary

and secondary public education throughout its territory. In addition to this exemption, the legislature

by general law may exempt an amount not to exceed Ten Thousand Dollars ($10,000) of the market

value of the residence homestead of a person who is disabled as defined in Subsection (b) of this section

and of a person sixty-five (65) years of age or older from ad valorem taxation for general elementary

and secondary public school purposes. The legislature by general law may base the amount of and

condition eligibility for the additional exemption authorized by this subsection for disabled persons and

for persons sixty-five (65) years of age or older on economic need. An eligible disabled person who is

sixty-five (65) years of age or older may not receive both exemptions from a school district but may

choose either. An eligible person is entitled to receive both the exemption required by this subsection

for all residence homesteads and any exemption adopted pursuant to Subsection (b) of this section, but

the legislature shall provide by general law whether an eligible disabled or elderly person may receive

both the additional exemption for the elderly and disabled authorized by this subsection and any

exemption for the elderly or disabled adopted pursuant to Subsection (b) of this section. Where ad

valorem tax has previously been pledged for the payment of debt, the taxing officers of a school district

may continue to levy and collect the tax against the value of homesteads exempted under this subsection

until the debt is discharged if the cessation of the levy would impair the obligation of the contract by

which the debt was created. The legislature shall provide for formulas to protect school districts against

all or part of the revenue loss incurred by the implementation of Article VIII, Sections 1-b(c), 1-b(d),

and 1-d-1, of this constitution. The legislature by general law may define residence homestead for

purposes of this section.

(d) Except as otherwise provided by this subsection, if a person receives the residence homestead

exemption prescribed by Subsection (c) of this section for homesteads of persons sixty-five (65) years

of age or older, the total amount of ad valorem taxes imposed on that homestead for general elementary

and secondary public school purposes may not be increased while it remains the residence homestead

of that person or that person's spouse who receives the exemption. If a person sixty-five (65) years of

age or older dies in a year in which the person received the exemption, the total amount of ad valorem

taxes imposed on the homestead for general elementary and secondary public school purposes may not

be increased while it remains the residence homestead of that person's surviving spouse if the spouse

is fifty-five (55) years of age or older at the time of the person's death, subject to any exceptions

provided by general law. The legislature, by general law, may provide for the transfer of all or a

proportionate amount of a limitation provided by this subsection for a person who qualifies for the

limitation and establishes a different residence homestead. However, taxes otherwise limited by this

subsection may be increased to the extent the value of the homestead is increased by improvements other

than repairs or improvements made to comply with governmental requirements and except as may be

consistent with the transfer of a limitation under this subsection. For a residence homestead subject to

the limitation provided by this subsection in the 1996 tax year or an earlier tax year, the legislature shall

provide for a reduction in the amount of the limitation for the 1997 tax year and subsequent tax years

in an amount equal to $10,000 multiplied by the 1997 tax rate for general elementary and secondary

public school purposes applicable to the residence homestead.

(e) The governing body of a political subdivision, other than a county education district, may

exempt from ad valorem taxation a percentage of the market value of the residence homestead of a

married or unmarried adult, including one living alone. In the manner provided by law, the voters of

a county education district at an election held for that purpose may exempt from ad valorem taxation

a percentage of the market value of the residence homestead of a married or unmarried adult, including

one living alone. The percentage may not exceed twenty percent. However, the amount of an

exemption authorized pursuant to this subsection may not be less than Five Thousand Dollars ($5,000)

unless the legislature by general law prescribes other monetary restrictions on the amount of the

exemption. An eligible adult is entitled to receive other applicable exemptions provided by law. Where

ad valorem tax has previously been pledged for the payment of debt, the governing body of a political

subdivision may continue to levy and collect the tax against the value of the homesteads exempted under

this subsection until the debt is discharged if the cessation of the levy would impair the obligation of the

contract by which the debt was created. The legislature by general law may prescribe procedures for

the administration of residence homestead exemptions.

(e-1) (Added Nov. 3, 1981; expired Jan. 2, 1982.)

(f) The surviving spouse of a person who received an exemption under Subsection (b) of this

section for the residence homestead of a person sixty-five (65) years of age or older is entitled to an

exemption for the same property from the same political subdivision in an amount equal to that of the

exemption received by the deceased spouse if the deceased spouse died in a year in which the deceased

spouse received the exemption, the surviving spouse was fifty-five (55) years of age or older when the

deceased spouse died, and the property was the residence homestead of the surviving spouse when the

deceased spouse died and remains the residence homestead of the surviving spouse. A person who

receives an exemption under Subsection (b) of this section is not entitled to an exemption under this

subsection. The legislature by general law may prescribe procedures for the administration of this

subsection.

(g) If the legislature provides for the transfer of all or a proportionate amount of a tax limitation

provided by Subsection (d) of this section for a person who qualifies for the limitation and subsequently

establishes a different residence homestead, the legislature by general law may authorize the governing

body of a school district to elect to apply the law providing for the transfer of the tax limitation to a

change of a person's residence homestead that occurred before that law took effect, subject to any

restrictions provided by general law. The transfer of the limitation may apply only to taxes imposed in

a tax year that begins after the tax year in which the election is made. (Added Nov. 2, 1948; Subsec.

(b) added Nov. 7, 1972; Subsecs. (a) and (b) amended Nov. 6, 1973; Subsec. (b) amended and (c) and

(d) added Nov. 7, 1978; Subsecs. (e) and (e-1) added Nov. 3, 1981; Subsec. (d) amended Nov. 3, 1987;

Subsecs. (b) and (e) amended Aug. 10, 1991; Subsec. (f) added Nov. 7, 1995; Subsecs. (c) and (d)

amended Aug. 9, 1997; Subsec. (g) added Nov. 4, 1997; Subsec. (b) amended Nov. 2, 1999.)

Sec. 1-b-1. (Repealed Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

Sec. 1-c. (Repealed Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

Sec. 1-d. ASSESSMENT OF LANDS DESIGNATED FOR AGRICULTURAL USE. (a) All land owned

by natural persons which is designated for agricultural use in accordance with the provisions of this Section

shall be assessed for all tax purposes on the consideration of only those factors relative to such agricultural

use. "Agricultural use" means the raising of livestock or growing of crops, fruit, flowers, and other products

of the soil under natural conditions as a business venture for profit, which business is the primary occupation

and source of income of the owner.

(b) For each assessment year the owner wishes to qualify his land under provisions of this Section

as designated for agricultural use he shall file with the local tax assessor a sworn statement in writing

describing the use to which the land is devoted.

or not such land qualifies for the designation as to agricultural use as defined herein and in the event it

so qualifies he shall designate such land as being for agricultural use and assess the land accordingly.

(d) Such local tax assessor may inspect the land and require such evidence of use and source of

income as may be necessary or useful in determining whether or not the agricultural use provision of this article

applies.

(e) No land may qualify for the designation provided for in this Act unless for at least three (3)

successive years immediately preceding the assessment date the land has been devoted exclusively for

agricultural use, or unless the land has been continuously developed for agriculture during such time.

(f) Each year during which the land is designated for agricultural use, the local tax assessor shall

note on his records the valuation which would have been made had the land not qualified for such

designation under this Section. If designated land is subsequently diverted to a purpose other than that

of agricultural use, or is sold, the land shall be subject to an additional tax. The additional tax shall

equal the difference between taxes paid or payable, hereunder, and the amount of tax payable for the

preceding three years had the land been otherwise assessed. Until paid there shall be a lien for additional

taxes and interest on land assessed under the provisions of this Section.

(g) The valuation and assessment of any minerals or subsurface rights to minerals shall not come

within the provisions of this Section. (Added Nov. 8, 1966.)

Sec. 1-d-1. TAXATION OF CERTAIN OPEN-SPACE LAND. (a) To promote the preservation of

open-space land, the legislature shall provide by general law for taxation of open-space land devoted to farm,

ranch, or wildlife management purposes on the basis of its productive capacity and may provide by general

law for taxation of open-space land devoted to timber production on the basis of its productive capacity. The

legislature by general law may provide eligibility limitations under this section and may impose sanctions

in furtherance of the taxation policy of this section.

(b) If a property owner qualifies his land for designation for agricultural use under Section 1-d of

this article, the land is subject to the provisions of Section 1-d for the year in which the designation is

effective and is not subject to a law enacted under this Section 1-d-1 in that year. (Added Nov. 7, 1978;

Subsec. (a) amended Nov. 7, 1995.)

Sec. 1-e. ABOLITION OF AD VALOREM PROPERTY TAXES. No State ad valorem taxes shall be

levied upon any property within this State. (Added Nov. 5, 1968; amended Nov. 2, 1982, and Nov. 6, 2001.)

TEMPORARY TRANSITION PROVISION.4

Sec. 1-f. CULTURAL, HISTORICAL, OR NATURAL HISTORY PRESERVATION; AD VALOREM TAX

RELIEF. The legislature by law may provide for the preservation of cultural, historical, or natural history

resources by:

(1) granting exemptions or other relief from state ad valorem taxes on appropriate property so designated

in the manner prescribed by law; and

(2) authorizing political subdivisions to grant exemptions or other relief from ad valorem taxes on

appropriate property so designated by the political subdivision in the manner prescribed by general law.

(Added Nov. 8, 1977.)

Sec. 1-g. DEVELOPMENT OR REDEVELOPMENT OF PROPERTY; AD VALOREM TAX

RELIEF AND ISSUANCE OF BONDS AND NOTES. (a) The legislature by general law may authorize

cities, towns, and other taxing units to grant exemptions or other relief from ad valorem taxes on property

located in a reinvestment zone for the purpose of encouraging development or redevelopment and

improvement of the property.

(b) The legislature by general law may authorize an incorporated city or town to issue

bonds or notes to finance the development or redevelopment of an unproductive,

underdeveloped, or blighted area within the city or town and to pledge for repayment of those

bonds or notes increases in ad valorem tax revenues imposed on property in the area by the city or town

and other political subdivisions. (Added Nov. 3, 1981.)

Sec. 1-h. VALIDATION OF ASSESSMENT RATIO. Section 26.03, Tax Code, is validated as of

January 1, 1980. (Added Nov. 2, 1982.)

Sec. 1-i. Mobile Marine Drilling Equipment; Ad Valorem Tax Relief. The legislature by general

law may provide ad valorem tax relief for mobile marine drilling equipment designed for offshore drilling

of oil or gas wells that is being stored while not in use in a county bordering on the Gulf of Mexico or on a

bay or other body of water immediately adjacent to the Gulf of Mexico. (Added Nov. 3, 1987.)

Sec. 1-j. CERTAIN TANGIBLE Personal Property EXEMPT FROM AD VALOREM

TAXATION. (a) To promote economic development in the State, goods, wares, merchandise, other tangible

personal property, and ores, other than oil, natural gas, and other petroleum products, are exempt from ad

valorem taxation if:

(1) the property is acquired in or imported into this State to be forwarded outside this State, whether

or not the intention to forward the property outside this State is formed or the destination to which the

property is forwarded is specified when the property is acquired in or imported into this State;

(2) the property is detained in this State for assembling, storing, manufacturing, processing, or

fabricating purposes by the person who acquired or imported the property; and

(3) the property is transported outside of this State not later than 175 days after the date the person

acquired or imported the property in this State.

(b) The governing body of a county, common, or independent school district, junior college district,

or municipality that, acting under previous constitutional authority, taxes property otherwise exempt by

Subsection (a) of this section may subsequently exempt the property from taxation by rescinding its

action to tax the property. The exemption applies to each tax year that begins after the date the action

is taken and applies to the tax year in which the action is taken if the governing body so provides. A

governing body that rescinds its action to tax the property may not take action to tax such property after

the rescission.

TEMPORARY TRANSITION PROVISIONS.1

(1) tangible personal property shall include aircraft and aircraft parts;

(2) property imported into this State shall include property brought into this State;

(3) property forwarded outside this State shall include property transported outside this State or to

be affixed to an aircraft to be transported outside this State; and

(4) property detained in this State for assembling, storing, manufacturing, processing, or fabricating

purposes shall include property, aircraft, or aircraft parts brought into this State or acquired in this State

and used by the person who acquired the property, aircraft, or aircraft parts in or who brought the

property, aircraft, or aircraft parts into this State for the purpose of repair or maintenance of aircraft

operated by a certificated air carrier. (Added Nov. 7, 1989; Subsec. (b) amended Nov. 2, 1999.)

Sec. 1-k. NONPROFIT CORPORATIONS SUPPLYING WATER OR PROVIDING WASTEWATER SERVICES;

EXEMPTION OF PROPERTY FROM AD VALOREM TAXATION. The legislature by general law may

exempt from ad valorem taxation property owned by a nonprofit corporation organized to supply water or

provide wastewater service that provides in the bylaws of the corporation that on dissolution of the

corporation, the assets of the corporation remaining after discharge of the corporation's indebtedness shall

be transferred to an entity that provides a water supply or wastewater service, or both, that is exempt from

ad valorem taxation, if the property is reasonably necessary for and used in the acquisition, treatment,

storage, transportation, sale, or distribution of water or the provision of wastewater service. (Added Nov.

5, 1991.)

Sec. 1-l. PROPERTY USED FOR CONTROL OF AIR, WATER, OR LAND POLLUTION;

EXEMPTION FROM AD VALOREM TAXATION. (a) The legislature by general law may exempt from

ad valorem taxation all or part of real and personal property used, constructed, acquired, or installed wholly

or partly to meet or exceed rules or regulations adopted by any environmental protection agency of the

United States, this state, or a political subdivision of this state for the prevention, monitoring, control, or

reduction of air, water, or land pollution.

(b) This section applies to real and personal property used as a facility, device, or method for the

control of air, water, or land pollution that would otherwise be taxable for the first time on or after

January 1, 1994.

property that was subject to a tax abatement agreement executed before January 1, 1994. (Added Nov.

2, 1993.)

Sec. 1-m. PROPERTY ON WHICH WATER CONSERVATION INITIATIVE HAS BEEN

IMPLEMENTED; EXEMPTION FROM AD VALOREM TAXATION. The legislature by general law

may authorize a taxing unit to grant an exemption or other relief from ad valorem taxes on property on which

a water conservation initiative has been implemented. (Added Nov. 4, 1997.)

Sec. 1-n.* AUTHORIZATION TO EXEMPT FROM AD VALOREM TAXATION RAW COCOA

AND GREEN COFFEE. (a) The legislature by general law may exempt from ad valorem taxation raw

cocoa and green coffee that is held in Harris County.

(b) The legislature may impose additional requirements for qualification for an exemption under

this section. (Added Nov. 6, 2001.)

Sec. 1-n.* AUTHORIZATION TO EXEMPT FROM AD VALOREM TAXATION TANGIBLE

PERSONAL PROPERTY. (a) To promote economic development in this state, the legislature by general

law may exempt from ad valorem taxation goods, wares, merchandise, other tangible personal property, and

ores, other than oil, natural gas, and other petroleum products, if:

(1) the property is acquired in or imported into this state to be forwarded to another location in this

state or outside this state, whether or not the intention to forward the property to another location in this

state or outside this state is formed or the destination to which the property is forwarded is specified

when the property is acquired in or imported into this state;

(2) the property is detained at a location in this state that is not owned or under the control of the

property owner for assembling, storing, manufacturing, processing, or fabricating purposes by the person

who acquired or imported the property; and

(3) the property is transported to another location in this state or outside this state not later than 270

days after the date the person acquired the property in or imported the property into this state.

(b) For purposes of this section:

(1) tangible personal property includes aircraft and aircraft parts;

(2) property imported into this state includes property brought into this state;

(3) property forwarded to another location in this state or outside this state includes property

transported to another location in this state or outside this state or to be affixed to an aircraft to be

transported to another location in this state or outside this state; and

(4) property detained at a location in this state for assembling, storing, manufacturing, processing,

or fabricating purposes includes property, aircraft, or aircraft parts brought into this state or acquired in

this state and used by the person who acquired the property, aircraft, or aircraft parts in this state or who

brought the property, aircraft, or aircraft parts into this state for the purpose of repair or maintenance of

aircraft operated by a certificated air carrier.

article may apply for the exemption authorized by the legislature under this section in the manner

provided by general law, subject to the provisions of Subsection (d) of this section. A property owner

who receives the exemption authorized by the legislature under this section is not entitled to receive the

exemption authorized by Section 1-j of this article for the same property.

(d) The governing body of a political subdivision that imposes ad valorem taxes may provide for

the taxation of property exempt under a law adopted under Subsection (a) of this section and not exempt

from ad valorem taxation by any other law. Before acting to tax the exempt property, the governing

body of the political subdivision must conduct a public hearing at which members of the public are

permitted to speak for or against the taxation of the property.

(e) This section takes effect January 1, 2002. This subsection expires January 1, 2003. (Added

Nov. 6, 2001.)

*Through error, the two sections above were designated Section 1-n.

Sec. 2. OCCUPATION TAXES; EQUALITY AND UNIFORMITY; EXEMPTIONS FROM

TAXATION. (a) All occupation taxes shall be equal and uniform upon the same class of subjects within

the limits of the authority levying the tax; but the legislature may, by general laws, exempt from taxation

public property used for public purposes; actual places of religious worship, also any property owned by a

church or by a strictly religious society for the exclusive use as a dwelling place for the ministry of such

church or religious society, and which yields no revenue whatever to such church or religious society;

provided that such exemption shall not extend to more property than is reasonably necessary for a dwelling

place and in no event more than one acre of land; places of burial not held for private or corporate profit;

solar or wind-powered energy devices; all buildings used exclusively and owned by persons or associations

of persons for school purposes and the necessary furniture of all schools and property used exclusively and

reasonably necessary in conducting any association engaged in promoting the religious, educational and

physical development of boys, girls, young men or young women operating under a State or National

organization of like character; also the endowment funds of such institutions of learning and religion not

used with a view to profit; and when the same are invested in bonds or mortgages, or in land or other

property which has been and shall hereafter be bought in by such institutions under foreclosure sales made

to satisfy or protect such bonds or mortgages, that such exemption of such land and property shall continue

only for two years after the purchase of the same at such sale by such institutions and no longer, and

institutions engaged primarily in public charitable functions, which may conduct auxiliary activities to

support those charitable functions; and all laws exempting property from taxation other than the property

mentioned in this Section shall be null and void.

(b) The Legislature may, by general law, exempt property owned by a disabled veteran or by the

surviving spouse and surviving minor children of a disabled veteran. A disabled veteran is a veteran of

the armed services of the United States who is classified as disabled by the Veterans' Administration

or by a successor to that agency; or the military service in which he served. A veteran who is certified

as having a disability of less than 10 percent is not entitled to an exemption. A veteran having a

disability rating of not less than 10 percent nor more than 30 percent may be granted an exemption from

taxation for property valued at up to $5,000. A veteran having a disability rating of more than 30

percent but not more than 50 percent may be granted an exemption from taxation for property valued

at up to $7,500. A veteran having a disability rating of more than 50 percent but not more than 70

percent may be granted an exemption from taxation for property valued at up to $10,000. A veteran who

has a disability rating of more than 70 percent, or a veteran who has a disability rating of not less than

10 percent and has attained the age of 65, or a disabled veteran whose disability consists of the loss or

loss of use of one or more limbs, total blindness in one or both eyes, or paraplegia, may be granted an

exemption from taxation for property valued at up to $12,000. The spouse and children of any member

of the United States Armed Forces who dies while on active duty may be granted an exemption from

taxation for property valued at up to $5,000. A deceased disabled veteran's surviving spouse and

children may be granted an exemption which in the aggregate is equal to the exemption to which the

veteran was entitled when the veteran died.

by a nonprofit organization composed primarily of members or former members of the armed forces of

the United States or its allies and chartered or incorporated by the United States Congress.

(d) Unless otherwise provided by general law enacted after January 1, 1995, the amounts of the

exemptions from ad valorem taxation to which a person is entitled under Section 11.22, Tax Code, for

a tax year that begins on or after the date this subsection takes effect are the maximum amounts

permitted under Subsection (b) of this section instead of the amounts specified by Section 11.22, Tax

Code. This subsection may be repealed by the Legislature by general law. (Amended Nov. 6, 1906, and

Nov. 6, 1928; Subsec. (a) amended and (b) added Nov. 7, 1972; Subsec. (a) amended Nov. 7, 1978;

Subsec. (c) added Nov. 7, 1989; Subsec. (b) amended and (d) added Nov. 7, 1995; Subsec. (a) amended

Nov. 2, 1999.)

Sec. 3. GENERAL LAWS; PUBLIC PURPOSES. Taxes shall be levied and collected by general laws

and for public purposes only.

Sec. 4. SURRENDER OR SUSPENSION OF TAXING POWER. The power to tax corporations and

corporate property shall not be surrendered or suspended by act of the Legislature, by any contract or grant

to which the State shall be a party.

Sec. 5. (Repealed Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

Sec. 6. WITHDRAWAL OF MONEY FROM TREASURY; DURATION OF APPROPRIATION. No

money shall be drawn from the Treasury but in pursuance of specific appropriations made by law; nor shall

any appropriation of money be made for a longer term than two years. (Amended Nov. 2, 1999.)

TEMPORARY TRANSITION PROVISIONS.1

Sec. 7. BORROWING, WITHHOLDING, OR DIVERTING SPECIAL FUNDS. The Legislature shall

not have power to borrow, or in any manner divert from its purpose, any special fund that may, or ought to,

come into the Treasury; and shall make it penal for any person or persons to borrow, withhold or in any

manner to divert from its purpose any special fund, or any part thereof.

Sec. 7-a. REVENUES FROM MOTOR VEHICLE REGISTRATION FEES AND TAXES ON

MOTOR FUELS AND LUBRICANTS; PURPOSES FOR WHICH USED. Subject to legislative

appropriation, allocation and direction, all net revenues remaining after payment of all refunds allowed by

law and expenses of collection derived from motor vehicle registration fees, and all taxes, except gross

production and ad valorem taxes, on motor fuels and lubricants used to propel motor vehicles over public

roadways, shall be used for the sole purpose of acquiring rights-of-way, constructing, maintaining, and

policing such public roadways, and for the administration of such laws as may be prescribed by the

Legislature pertaining to the supervision of traffic and safety on such roads; and for the payment of the

principal and interest on county and road district bonds or warrants voted or issued prior to January 2, 1939,

and declared eligible prior to January 2, 1945, for payment out of the County and Road District Highway

Fund under existing law; provided, however, that one-fourth (1/4) of such net revenue from the motor fuel

tax shall be allocated to the Available School Fund; and, provided, however, that the net revenue derived by

counties from motor vehicle registration fees shall never be less than the maximum amounts allowed to be

retained by each County and the percentage allowed to be retained by each County under the laws in effect

on January 1, 1945. Nothing contained herein shall be construed as authorizing the pledging of the State's

credit for any purpose. (Added Nov. 5, 1946.)

Sec. 7-b. REVENUES FROM FEDERAL REIMBURSEMENT; PURPOSES FOR WHICH

USED. All revenues received from the federal government as reimbursement for state expenditures of funds

that are themselves dedicated for acquiring rights-of-way and constructing, maintaining, and policing public

roadways are also constitutionally dedicated and shall be used only for those purposes. (Added

Nov. 8, 1988.)

Sec. 8. RAILROAD COMPANIES; ASSESSMENT AND COLLECTION OF TAXES. All property of railroad

companies shall be assessed, and the taxes collected in the several counties in which said property is situated,

including so much of the roadbed and fixtures as shall be in each county. The rolling stock may be assessed

in gross in the county where the principal office of the company is located, and the county tax paid upon it

shall be apportioned as provided by general law in proportion to the distance such road may run through any

such county, among the several counties through which the road passes, as a part of their tax assets.

(Amended Nov. 4, 1986.)

Sec. 9. MAXIMUM STATE TAX; COUNTY, CITY, AND TOWN LEVIES; COUNTY FUNDS; LOCAL

ROAD LAWS. (a) No county, city or town shall levy a tax rate in excess of Eighty Cents ($ .80) on the One

Hundred Dollars ($100) valuation in any one (1) year for general fund, permanent improvement fund, road

and bridge fund and jury fund purposes.

(b) At the time the Commissioners Court meets to levy the annual tax rate for each county it shall

levy whatever tax rate may be needed for the four (4) constitutional purposes; namely, general fund,

permanent improvement fund, road and bridge fund and jury