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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(Repealed Aug. 5, 1969.).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;
(C) aggravated kidnapping; or
(D) aggravated robbery.
(2) "Sexual offense" means:
(A) aggravated sexual assault;
(B) sexual assault; or
(C) indecency with a child. (Added Nov. 6, 1956;
amended Nov. 8, 1977; Subsec. (a) amended and
(b) added Nov. 2, 1993.)
Sec. 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.
(c) The legislature may enact laws to define the
term "victim" and to enforce these and other rights
of crime victims.
(d) The state, through its prosecuting attorney,
has the right to enforce the rights of crime victims.
(e) The legislature may enact laws to provide that
a judge, attorney for the state, peace 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.
(c) The legislature may provide by law that money
in the compensation to victims of crime fund
or in the compensation to victims of crime
auxiliary fund may be expended for the purpose of assisting
victims of episodes of mass violence if other money
appropriated for emergency assistance is depleted.
(Added Nov. 4, 1997.)
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.
(c) Notwithstanding Subsection (b), either House
may determine its order of business by an affirmative vote
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.
(c) Each House shall choose its other officers.
(Amended Nov. 6, 1984; Subsec. (a) amended Nov.
2, 1999.)
Sec. 10. QUORUM; ADJOURNMENTS FROM DAY TO DAY;
COMPELLING ATTENDANCE.
Two-thirds of each House shall constitute 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.
(c) In addition to the per diem the Members of
each House shall be entitled to mileage at the same
rate as prescribed by law for employees of the
State of Texas. (Amended Nov. 4, 1930, Nov. 2, 1954,
Nov. 8, 1960, April 22, 1975, and Nov. 5, 1991.)
Sec. 24a. TEXAS ETHICS COMMISSION. (a) The Texas
Ethics Commission is a state agency
consisting of the following eight members:
(1) two members of different political parties
appointed by the governor from a list of at least 10
names submitted by the members of the house of
representatives from each political party required by
law to hold a primary;
(2) two members of different political parties
appointed by the governor from a list of at least 10
names submitted by the members of the senate from
each political party required by law to hold a
primary;
(3) two members of different political parties
appointed by the speaker of the house of
representatives from a list of at least 10 names
submitted by the members of the house from each
political party required by law to hold a primary;
and
(4) two members of different political parties
appointed by the lieutenant governor from a list of
at least 10 names submitted by the members of the
senate from each political party required by law to
hold a primary.
(b) The governor may reject all names on any list
submitted under Subsection (a)(1) or (2) of this
section and require a new list to be submitted.
The members of the commission shall elect annually the
chairman of the commission.
(c) With the exception of the initial appointees,
commission members serve for four-year terms.
Each appointing 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.
(c) A law, including a law enacted before the
effective date of this subsection, may not be held void
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.
(c) A fee imposed by the legislature after the
enactment of the program described by Subsection
(b) of this section is valid only if the
requirements relating to its collection, deposit, reporting, and
remitting conform to the program.
(d) A fee to which this section applies may take
effect on a date before the next January 1 after the
regular session at which the bill adopting the fee
was enacted only if the bill is passed by a record vote
of two-thirds of all the members elected to each
house of the legislature on 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.
(c) The law enacted by the Legislature authorizing
bingo games must include:
(1) a requirement that the entities conducting the
games report quarterly to the Comptroller of
Public Accounts about the amount of proceeds that
the entities collect from the games and the purposes
for which the proceeds are spent; and
(2) criminal or civil penalties to enforce the
reporting requirement.
(d) The Legislature by general law may permit
charitable 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.
(c) Provided, however, no tax shall be levied in
support of said districts until approved by vote of
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.
(c) The legislature may call an election during
any regular session of the legislature or during any
special session of the legislature in which the
subject of the election is designated in the governor's
proclamation for that special session. The
election may be held on any date, and notice of the election
shall be given for the period and in the manner
required for amending this constitution. The election
shall be held in each county in the manner provided
by law for other statewide elections.
(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.
(c) The Veterans' Land Board may provide for,
issue and sell bonds or obligations of the State of
Texas as authorized by constitutional amendment or
by a debt proposition under Section 49 of this
article for the purpose of creating the Veterans'
Land Fund, the Veterans' Housing Assistance Fund, and
the Veterans' Housing Assistance Fund II.
(d) Said Veterans' Land Fund, to the extent of the
moneys attributable to any bonds hereafter issued
and sold by said Board may be used by said Board,
as is now or may hereafter be provided by law, for
the purpose of paying the expenses of surveying,
monumenting, road construction, legal fees,
recordation fees, advertising and other like costs
necessary or incidental to the purchase and sale, or
resale, of any lands purchased with any of the
moneys attributable to such additional bonds, such
expenses to be added to the price of such lands
when sold, or resold, by said Board; for the purpose of
paying the expenses of issuing, selling, and
delivering any such additional bonds; and for the purpose
of meeting the expenses of paying the interest or
principal due or to become due on any such additional
bonds.
(e) For purposes of this section, "veteran" means
a person who 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.
(c) All moneys received from the sale of the bonds
shall be deposited in a fund hereby created in
the State Treasury to be known as the Texas Water
Development Fund to be administered (without
further appropriation) by the Texas Water
Development Board in such manner as prescribed by law.
(d) Such fund shall be used only for the purpose
of aiding or making funds available upon such
terms and conditions as the Legislature may
prescribe, to the various political subdivisions or bodies
politic and corporate of the State of Texas
including river authorities, conservation and reclamation
districts and districts created or organized or
authorized to be created or organized under Article XVI,
Section 59 or Article III, Section 52, of this
Constitution, interstate compact commissions to which the
State of Texas is a party and municipal
corporations, in the conservation and development of the water
resources of this State, including the control,
storing and preservation of its storm and 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.
(c) Under such provisions as the Legislature may
prescribe by General Law, the Texas Water
Development Board may also execute long-term
contracts with the United States or any of its agencies
for the acquisition and development of storage
facilities in reservoirs constructed or to be constructed
by the Federal Government. Such contracts when
executed shall constitute general obligations of the
State of Texas in the same manner and with the same
effect as state bonds issued under the authority of
Section 49-c of this article, and the provisions of
Section 49-c of this article with respect to payment of
principal and interest on state bonds issued shall
likewise apply with respect to payment of principal and
interest required to be paid by such contracts. If
storage facilities are acquired for a term of years, such
contracts shall contain provisions for renewal that
will protect the state's investment.
(d) The Legislature shall provide terms and
conditions for the Texas Water Development Board
to sell, transfer or lease, in whole or in part,
any acquired facilities or the right to use such facilities at
a price not less than the direct cost of the Board
in acquiring same; and the Legislature may provide
terms and conditions for the Board to sell any
unappropriated public waters of the state that might be
stored in such facilities. As a prerequisite to
the purchase of such storage or water, the applicant therefor
shall have secured a valid permit from the state
authorizing the acquisition of such storage facilities or
the water impounded therein. The money received
from any sale, transfer or lease of facilities shall be
used to pay principal and interest on state bonds
issued or contractual obligations incurred by the Texas
Water Development Board, provided that when moneys
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.
(c) The payment by the state of any insurance
commitment made under this section must be made
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
(c) Subject to the limitations set forth in
Section 49-d of this article, the legislature shall provide
terms and conditions under which the Texas Water
Development Board may sell, transfer, or lease, in
whole or in part, facilities held for the account
established within the Texas Water Development Fund
II for administering proceedings related to the
purposes described in Section 49-d of this article, and the
legislature may provide terms and conditions under
which the Texas Water Development Board may
sell any unappropriated public waters of the state
that may be stored in such facilities. Money received
from any sale, transfer, or lease of such
facilities or water shall be credited to the account established
within the Texas Water Development Fund II for the
purpose of administering proceedings related to
the purposes described in Section 49-d of this
article.
(d) Each account of the Texas Water Development
Fund II shall consist of:
(1) the Texas Water Development Board's rights to
receive repayment of 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.
(c) A limitation on the percentage of state
participation in any single project imposed by this article
does not apply to a project funded with the
proceeds of bonds issued under the authority of Section 49-d-
8 of this article or this section. (Added Nov. 6,
2001.)
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.
(c) Such fund shall be used by said Parks and
Wildlife Department, or its said successor, under such
provisions as the Legislature may prescribe by
general law, for the purposes of acquiring lands from the
United States, or any governmental agency thereof,
from any governmental agency of the State of Texas,
or from any person, 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.
(c) Section 65(b) of this article applies to the
payment of interest on the bonds.
(d) The principal amount of bonds outstanding at
one time may not exceed $500 million.
(e) While any of the bonds authorized by this
section or any interest on those bonds is outstanding
and unpaid, there is appropriated out of the 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.
(c) Not later than the 90th day of each fiscal
year, the comptroller of public accounts shall transfer
from general revenue to the economic stabilization
fund the amounts prescribed by Subsections (d) and
(e) of this section. However, if necessary, the
comptroller shall reduce proportionately the amounts
transferred to prevent the amount in the fund from
exceeding the limit in effect for that biennium under
Subsection (g) of this section.
(d) If in the preceding year the state received
from oil production taxes a net amount greater than
the net amount of oil production taxes received by
the state in the 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.
(c) In addition to the purposes authorized under
Subsection (a), the legislature may authorize the
issuance of the general obligation bonds for
acquiring, constructing, or equipping:
(1) new statewide law enforcement facilities and
for major repair or renovation of existing
facilities; and
(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.
(c) The legislature may establish an interest and
sinking account and other accounts within the
Texas agricultural fund and within the rural
microenterprise development fund. The legislature may
provide for the investment of bond proceeds and of
the interest and sinking accounts. Income from the
investment of money in the funds that is not
immediately committed to the payment of the principal of
and interest on the bonds or the provision of
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.
(c) Money in the fund may also be used to provide
participation by the state in the payment of a
portion of the costs of constructing and providing
publicly owned toll roads and other public
transportation projects in accordance with the
procedures, standards, and limitations established by law.
(d) The commission may issue and sell obligations
of the state and enter into related credit
agreements that are payable from and secured by a
pledge of and a lien on all or part of the money on
deposit in the fund in an aggregate principal
amount that can be repaid when due from money on deposit
in the fund, as that aggregate amount is projected
by the comptroller in accordance with procedures
established by law. The proceeds of the
obligations must be deposited in the fund and used for one or
more 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.
(c) A portion of the proceeds from the sale of the
bonds and notes and a portion of the interest
earned on the bonds and notes may be used to pay:
(1) the costs of administering projects authorized
under this section; and
(2) all or part of a payment owed or to be owed
under a credit agreement.
(d) The bonds and notes authorized under this
section constitute a general obligation of the state.
While any of the bonds or notes or interest on the
bonds or notes is outstanding and unpaid, there is
appropriated out of the general revenue fund in
each 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.
(c) The maximum net effective interest rate to be
borne by bonds issued under this section must
be set by law.
(d) The legislature may provide for the investment
of bond proceeds and may establish and provide
for the investment of an interest and sinking fund
to pay the bonds. Income from the investment shall
be used for the purposes prescribed by the
legislature.
(e) While any of the bonds issued under this
section or interest on the bonds is outstanding and
unpaid, there is appropriated out of the 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.
(c) The maximum net effective interest rate to be
borne by bonds issued under this section may not
exceed the maximum rate provided by law.
(d) The legislature may provide for the investment
of bond proceeds and may establish and provide
for the investment of an interest and sinking fund
to pay the bonds. Income from the investment shall
be used for the purposes prescribed by the
legislature.
(e) 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.
(c) The Farm and Ranch Loan Security Fund shall be
used by the commissioner of agriculture
under provisions prescribed by the legislature for
the purpose of guaranteeing loans used for the
purchase of farm and ranch real estate, for
acquiring real estate mortgages or deeds of trust on lands
purchased with guaranteed loans, and to advance to
the borrower a percentage of the principal and
interest due on those loans; provided that the
commissioner shall require at least six percent interest be
paid by the borrower on any advance of principal
and interest. The legislature may authorize the
commissioner to sell at foreclosure any land
acquired in this manner, and proceeds from that sale shall
be deposited in the Farm and Ranch Loan Security
Fund.
(d) The legislature may provide for the investment
of money available in the Farm and Ranch Loan
Security Fund and the interest and sinking fund
established for the payment of bonds issued by the
commissioner of agriculture. Income from the
investment shall be used for purposes prescribed by the
legislature.
(e) While any of the bonds authorized by this
section or any interest on those bonds is outstanding
and unpaid, there is hereby appropriated out of the
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.
(c) Texas agricultural water conservation bonds
are general obligations of the State of Texas.
During the time that Texas agricultural water
conservation bonds or any interest on those bonds is
outstanding or unpaid, there is appropriated out of
the 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.
(c) Should the legislature enact any enabling laws
in anticipation of this amendment, no such law
shall be void by reason of its anticipating nature.
(d) If the provisions of this section 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.
(c) The maximum net effective interest rate to be
borne by bonds issued under this section may be
set by general law.
(d) While any of the bonds or interest on the
bonds authorized by this section is outstanding and
unpaid, from the 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
(c) Provided further, that if the limitations and
restrictions herein contained are found to be in
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
(c) Notwithstanding the provisions of Subsection
(b) of this Section, bonds may be issued by any
county in an amount not to exceed one-fourth of the
assessed valuation of the real property in the county,
for the construction, maintenance, and operation of
macadamized, graveled, or paved roads and
turnpikes, or in aid thereof, upon a vote of a
majority of the voting 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.
(c) The provisions of this section shall apply
only to Harris County and road districts therein.
(Added Aug. 23, 1937; amended Nov. 2, 1999.)
TEMPORARY TRANSITION PROVISIONS.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.
(c) When such a period of emergency or the
immediate threat of enemy attack exists, the Governor,
after consulting with the Lieutenant Governor and
the Speaker of the House of Representatives, may
suspend the constitutional requirement that the
Legislature hold its sessions in Austin, the seat of
government. When this requirement has been
suspended, the Governor shall determine a place other
than Austin at which the Legislature will hold its
sessions during such period of emergency or
immediate threat of enemy attack. The Governor
shall notify the Lieutenant Governor and the Speaker
of the House of Representatives of the place and
time at which the Legislature will meet. The Governor
may take security precautions, consistent with the
state of emergency, in determining the extent to which
that information may be released.
(d) To suspend the constitutional rules 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.
(c) In accordance with this section, the Senate
may give its advice and consent on an appointment
of the Governor made during a recess of the
Senate. To be 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.
(c) In the case of the temporary inability or
temporary disqualification of the Governor to serve,
the impeachment of the Governor, or the absence of
the Governor from the State, the Lieutenant
Governor shall exercise the powers and authority
appertaining to the 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.
(c) The President pro tempore of the Senate shall,
during the time that officer exercises the powers
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.
(c) Said Justices shall be elected (three of them
each two years) by the qualified voters of the state
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.
(c) Subject to such regulations as may be
prescribed by law, the Court of Criminal Appeals and the
Judges thereof shall have the power to issue the
writ of habeas corpus, and, in criminal law matters, the
writs of mandamus, procedendo, prohibition, and
certiorari. The Court and the Judges thereof shall have
the power to issue such other writs as may be
necessary to protect its jurisdiction 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.
(c) All constitutional and statutory references to
the Courts of Civil Appeals shall be construed to
mean the Courts of Appeals. (Amended Aug. 11,
1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.)
TEMPORARY TRANSITION PROVISION.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.
(c) A majority of the total membership of the
board constitutes a quorum for the transaction of
business. The adoption of a reapportionment order
requires a majority vote of the total membership of
the board.
(d) The reapportionment powers of the board shall
be exercised in the interims between regular
sessions of the legislature, except that a
reapportionment may not be ordered by the board during an
interim immediately following a regular session of
the legislature in which a valid and subsisting
statewide apportionment of judicial districts is
enacted by the legislature. The board has other powers
and duties as provided by the legislature and shall
exercise its powers under the policies, rules,
standards, and conditions, not inconsistent with
this section, that the legislature provides.
(e) Unless the legislature enacts a statewide
reapportionment of the judicial districts following each
federal decennial census, the board shall convene
not later than the 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.
(c) When the boundaries of justice of the peace
and constable precincts are changed, each Justice
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.
(c) The legislature may delegate to the Supreme
Court or Court of Criminal Appeals the power to
promulgate such other rules as may be prescribed by
law or this Constitution, subject to such limitations
and procedures as may be provided by law.
(d) Notwithstanding Section 1, Article II, of this
constitution and any other provision of this
constitution, if the supreme court does not act on
a motion for rehearing before the 180th day after the
date on which the motion is 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.
(c) The privilege of free suffrage shall be
protected by laws regulating elections and prohibiting
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
(c) Notwithstanding any other provision of this
Constitution, the Legislature may enact laws and
provide for a method of registration, including the
time for such registration, permitting absentee voting
for electors for President and Vice President of
the United States in this State by former residents of this
State (1) who have removed to another state, and
(2) who meet all 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.
(c) Title to such interest in the lands and
minerals described by Subsection (a) is confirmed to the
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;
(C) acquired the land without actual knowledge
that title to the land was vested in the State of
Texas;
(D) has a deed to the land recorded in the
appropriate county; and
(E) has paid all taxes assessed on the land and
any interest and penalties associated with any period
of tax delinquency.
(b) This section does not apply to:
(1) beach land, submerged or filled land, or
islands; or
(2) land that has been determined to be
state-owned by judicial decree.
(c) This section may not be used to:
(1) resolve boundary disputes; or
(2) change the mineral reservation in an existing
patent.
(d) 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.
(c) Should the taxation herein named be
insufficient the deficit may be met by appropriation from
the general funds of the State.
(d) The Legislature may provide for the formation
of school districts by general laws, and all such
school districts may embrace parts of two or more
counties.
(e) The Legislature shall be authorized to pass
laws for the assessment and collection of taxes in
all school districts and for the management and
control of the public school or schools of such districts,
whether such districts are composed of territory
wholly within a county or in parts of two or more
counties, and the Legislature may authorize an
additional ad valorem tax to be levied and collected
within all school districts for the further
maintenance of public free schools, and for the erection and
equipment of school buildings therein; provided
that a majority of the 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.
(c) The legislature may appropriate part of the
available school fund for administration of the
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.
(c) This section expires January 1, 2005. (Added
Nov. 6, 2001.)
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.
(c) Pursuant to a two-thirds vote of the
membership of each house of the legislature, institutions
of higher education may be created at a later date
by general law, and, when created, such an institution
shall be entitled to participate in the funding
provided by this section if it is not created as a part of The
University of Texas System or The Texas A&M
University System. An institution that is entitled to
participate in dedicated funding provided by
Article VII, Section 18, of this constitution may not be
entitled to participate in the funding provided by
this section.
(d) In the year 1985 and every 10 years
thereafter, the legislature or an agency designated by the
legislature no later than August 31 of such year
shall allocate by equitable formula the annual
appropriations made under Subsection (a) of this
section to the governing boards of eligible agencies
and institutions of higher education. The
legislature shall review, or provide for a review, of the
allocation formula at the end of the 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.
(c) Pursuant to a two-thirds vote of the
membership of each house of the legislature, institutions
of higher education may be created at a later date
as a part of The University of Texas System or The
Texas A&M University System by general law, and,
when created, such an institution shall be entitled
to participate in the funding provided by this
section for the system in which it is created. An institution
that is entitled to participate in dedicated
funding provided by Article VII, Section 17, of this
constitution may not be entitled to participate in
the funding provided by this section.
(d) The proceeds of the bonds or notes issued
under Subsection (a) or (b) of this section may not
be used for the purpose of constructing, equipping,
repairing, or rehabilitating buildings or other
permanent improvements that are to be used for
student housing, intercollegiate athletics, or auxiliary
enterprises.
(e) The available university fund consists of the
distributions made to it from the total return on all
investment assets of the permanent university fund,
including the net income attributable to the surface
of permanent university fund land. The amount of
any distributions to the available university fund shall
be determined by the board of regents of The
University of Texas System in a manner intended to
provide the available university fund with a stable
and predictable stream of annual distributions and
to maintain over time the purchasing power of
permanent university fund investments and annual
distributions to the available university fund.
The amount distributed to the available university fund
in a 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.
(c) Assets of the fund may be invested by an
entity designated by general law in securities
considered prudent investments. Investments shall
be made in the exercise of judgment and care under
the circumstances that a person of 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.
(c) The Legislature may provide for the taxation
of intangible property and may also impose
occupation taxes, both upon natural persons and
upon corporations, other than municipal, doing any
business in this State. Subject to the
restrictions of Section 24 of this article, it may also tax incomes
of both natural persons and corporations other than
municipal. Persons engaged in mechanical and
agricultural pursuits shall never be required to
pay an occupation tax.
(d) The Legislature by general law shall exempt
from ad valorem taxation household goods not held
or used for the production of income and personal
effects not held or used for the production of income.
The Legislature by general law may exempt from ad
valorem taxation:
(1) all or part of the personal property homestead
of a family or single adult, "personal property
homestead" meaning that personal property exempt by
law from forced sale for debt;
(2) subject to Subsections (e), (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
(c) Fifteen Thousand Dollars ($15,000) of the
market value of the residence homestead of a married
or unmarried adult, including one living alone, is
exempt from ad valorem taxation for general
elementary and secondary public school purposes.
The legislature by general law may provide that all
or part of the exemption does not apply to a
district or political subdivision that imposes ad valorem
taxes for public education purposes but is not the
principal school district providing general elementary
and secondary public education throughout its
territory. In addition to this exemption, the legislature
by general law may exempt an amount not to exceed
Ten Thousand Dollars ($10,000) of the market
value of the residence homestead of a person who is
disabled as 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.
(c) Upon receipt of the sworn statement in writing
the local tax assessor shall determine whether
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
(c) For purposes of this section:
(1) tangible personal property shall include
aircraft and aircraft parts;
(2) property imported into this State shall
include property brought into this State;
(3) property forwarded outside this State shall
include property transported outside this State or to
be 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.
(c) This section does not authorize the exemption
from ad valorem taxation of real or personal
property that was subject to a tax abatement
agreement executed before January 1, 1994. (Added Nov.
2, 1993.)
Sec. 1-m. PROPERTY ON WHICH WATER CONSERVATION
INITIATIVE HAS BEEN
IMPLEMENTED; EXEMPTION FROM AD VALOREM TAXATION.
The legislature by general law
may authorize a taxing unit to grant an exemption
or other relief from ad valorem taxes on property on which
a water conservation initiative has been
implemented. (Added Nov. 4, 1997.)
Sec. 1-n.* AUTHORIZATION TO EXEMPT FROM AD VALOREM
TAXATION RAW COCOA
AND GREEN COFFEE. (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.
(c) A property owner who is eligible to receive
the exemption authorized by Section 1-j of this
article may apply for the exemption authorized by
the legislature under this section in the manner
provided by general law, subject to the provisions
of Subsection (d) of this section. A property owner
who receives the exemption authorized by the
legislature under this section is not entitled to receive the
exemption authorized by Section 1-j of this article
for the same property.
(d) The governing body of a political subdivision
that imposes ad valorem taxes may provide for
the taxation of property exempt under a law adopted
under Subsection (a) of this section and not exempt
from ad valorem taxation by any other law. Before
acting to tax the exempt property, the governing
body of the political subdivision must conduct a
public hearing at which members of the public are
permitted to speak for or against the taxation of
the property.
(e) 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.
(c) The Legislature by general law may exempt from
ad valorem taxation property that is owned
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 |