Doug Campbell worked on Texas


I think this is ready to go

6/08/06



JW






*** CSTART TX 6/25/1866 12/03/1869 *** 
CONSTITUTION OF TEXAS-1866
*** ASTART 9001.0 TX 1866 ***
We, the people of Texas, acknowledging with gratitude the grace and beneficence of God in
permitting us to make a choice of our form of Government, do ordain and establish this
constitution.
*** AEND ***
*** ASTART 001.0 TX 1866 ***
ARTICLE I
BILL OF RIGHTS

That the general, great, and essential principles of liberty and free government may be recognized
and established, we declare that-
*** SSTART 001.0 001.0 0 TX 1866 ***
SECTION 1. All political power is inherent in the people, and all free governments are founded
on their authority and instituted for their benefit, and they have, at all times, the unalienable right
to alter, reform, or abolish their form of government, in such manner as they may think
expedient.
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*** SSTART 002.0 001.0 0 TX 1866 ***
SEC. 2. All freemen, 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.
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*** SSTART 003.0 001.0 0 TX 1866 ***
SEC. 3. No religious test shall ever be required as a qualification to any office or public trust in
this State.
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*** SSTART 004.0 001.0 0 TX 1866 ***
SEC. 4 All men have a natural and indefeasible right to worship 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 societies or mode of worship; but it shall
be the duty of the legislature to pass such laws as shall be necessary to protect every religious
denomination in the peaceable enjoyment of their own mode of public worship.
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*** SSTART 005.0 001.0 0 TX 1866 ***
SEC. 5. Every citizen 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.
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*** SSTART 006.0 001.0 0 TX 1866 ***
SEC. 6. In prosecutions for the publication of papers investigating the official conduct of officers
or men in it 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.
*** SEND ***
*** SSTART 007.0 001.0 0 TX 1866 ***
SEC. 7. 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.
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*** SSTART 008.0 001.0 0 TX 1866 ***
SEC. 8. In all criminal prosecutions the accused shall have a speedy public trial, by an impartial
jury; he shall not be compelled to give evidence against himself; he shall have the right of being
heard by himself or counsel, or both; shall be confronted with the witnesses against him, and
shall have compulsory process for obtaining witnesses in his favor; and no person shall be holden
to answer for any criminal charge but on indictment or information, except in cases arising in the
land or naval forces, or offences against the laws regulating the militia: Provided, That in
criminal prosecutions, the punishment whereof shall be fine not exceeding one hundred dollars
and imprisonment not exceeding thirty days, or either, or any less punishment, the accused may
be tried for the same by a jury, or otherwise, is the legislature may provide.
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*** SSTART 009.0 001.0 0 TX 1866 ***
SEC. 9. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the
proof is evident; but this provision shall not be so construed as to prohibit bail after indictment
found, upon an examination of the evidence by a judge of the supreme or district court, upon. the
return of a writ of habeas corpus, returnable in the county where the offence is committed; or to
such other counties as the same may by  consent of parties be made returnable.
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*** SSTART 010.0 001.0 0 TX 1866 ***
SEC. 10. The privilege of the writ of habeas corpus shall not be suspended, except when, in case
of rebellion or invasion, the public safety may require it.
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*** SSTART 011.0 001.0 0 TX 1866 ***
SEC. 11. 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.       
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*** SSTART 012.0 001.0 0 TX 1866 ***
SEC. 12. No person, for the same offence, shall be twice put in jeopardy of life or limb; nor shall
a person be again put, upon trial for the same offence, after a verdict of not guilty; and the right
of trial by jury shall remain inviolate.
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*** SSTART 013.0 001.0 0 TX 1866 ***
SEC. 13. Every citizen shall have the right to keep and bear arms in the lawful defence of himself
or the State.
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*** SSTART 014.0 001.0 0 TX 1866 ***
SEC. 14. No bill of attainder, ex post facto law, retroactive law, or any law impairing the
obligation of contracts shall be made, and no person's property shall be taken, or applied to
public use, without adequate compensation being made, unless by the consent of such person.
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*** SSTART 015.0 001.0 0 TX 1866 ***
SEC. 15. No person shall ever be imprisoned for debt.
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*** SSTART 016.0 001.0 0 TX 1866 ***
SEC. 16. No citizen of this State shall be deprived of life, liberty, property, or privileges,
outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land.
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*** SSTART 017.0 001.0 0 TX 1866 ***
SEC. 17. The military shall, at all times, be subordinate to the civil authority.
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*** SSTART 018.0 001.0 0 TX 1866 ***
SEC. 18. 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.
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*** SSTART 019.0 001.0 0 TX 1866 ***
SEC. 19. The citizens shall have the right, in it peaceable manner, to assemble together for their
common good, and to apply to those invested with the powers of government for redress of
grievances, or other purposes, by petition, address, or remonstrance.
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*** SSTART 020.0 001.0 0 TX 1866 ***
SEC. 20. No power of suspending laws in this State shall be exercised, except by the legislature
or its authority.
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*** SSTART 021.0 001.0 0 TX 1866 ***
SEC. 21. 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.
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*** AEND ***
*** ASTART 002.0 TX 1866 ***
     ARTICLE II

DIVISION OF THE POWERS OF GOVERNMENT

     The powers of the government of the State of Texas shall be divided into three distinct
departments, and each of them to 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 those departments, shall
exercise any power properly attached to either of the others, except in the instances herein
expressly permitted.

*** AEND ***
*** ASTART 003.0 TX 1866 ***
ARTICLE III

LEGISLATIVE DEPARTMENT
*** SSTART 001.0 003.0 0 TX 1866 ***
SECTION 1. Every free male person who shall have attained the age of twenty-one years, and
who shall be a citizen of the United States, and shall have resided in this State one year next
preceding an election, and the last six months within the district, county, city, or town in which
he offers to vote, (Indians not taxed, Africans and descendants of Africans excepted,) shall be
deemed a qualified elector; and should such qualified elector happen to be in any other county
situated in the district in which he resides at the time of an election, he shall be permitted to vote
for any district officer: Provided, That the qualified electors shall be permitted to vote anywhere
in the State for State officers: And provided further, That no soldier, seaman, or marine in the
Army or Navy of the United States shall be entitled to vote at an election created by this
constitution.
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*** SSTART 002.0 003.0 0 TX 1866 ***
SEC. 2. Electors in all cases shall be privileged from arrest during their attendance at elections,
and in going to and returning from the same, except in cases of treason, felony, or breach of the
peace.
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*** SSTART 003.0 003.0 0 TX 1866 ***
SEC. 3. The legislative powers of this State shall be vested in two distinct branches; the one to be
styled the senate and the other the house of representatives, and both together the legislature of
the State of Texas. The style of all laws shall be, "Be it enacted by the legislature of the State of
Texas."
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*** SSTART 004.0 003.0 0 TX 1866 ***
SEC. 4. The members of the house of representatives shall be chosen by the qualified electors,
and their term of office shall be two years from the day of the general election; and the sessions
of the legislature shall be biennial, at such times as shall be prescribed by law.
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*** SSTART 005.0 003.0 0 TX 1866 ***
SEC. 5. No person shall be a representative unless he be a white citizen of the United States, and
shall be a qualified elector at the time of his election, and a resident of the State for five years
next preceding his election, and the last year thereof a citizen of the county, city, town, or district
for which he shall be chosen.
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*** SSTART 006.0 003.0 0 TX 1866 ***
SEC. 6. All elections by the people shall be held at such time and places, in the several counties,
cities, or towns, as are now, or may hereafter be, designated by law.
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*** SSTART 007.0 003.0 0 TX 1866 ***
SEC. 7. The senators shall be chosen by the qualified electors for the term of four years; and shall
be divided by lot into two classes, as nearly equal as can be. The seats of senators of the first
class shall be vacated at the expiration of the first two years; and of the second class at the
expiration of four years; so that one-half thereof shall be chosen biennially thereafter.
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*** SSTART 008.0 003.0 0 TX 1866 ***
SEC. 8. Such mode of classifying new additional senators shall be observed as will as nearly as
possible preserve an equality of number in each class.
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*** SSTART 009.0 003.0 0 TX 1866 ***
SEC. 9. When a senatorial district shall be composed of two or more counties, it shall not be
separated by any county belonging to another district.
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*** SSTART 010.0 003.0 0 TX 1866 ***
SEC. 10. No person shall be a senator unless he be a white citizen of the United States, and shall
have been a qualified elector of this State at the time of his election, and a resident of the State
five years next preceding the election; and the last year therof a resident of the district for which
h shall be chosen, and have attained the age of thirty  years.
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*** SSTART 011.0 003.0 0 TX 1866 ***
SEC. 11. The house of representatives, when assembled, shall elect a speaker and its other
officers, and the senate shall choose a president for the time being and its other officers. Each
house shall judge of the qualifications and elections of its own members, but contested elections
shall be determined in such manner as shall be directed law; 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.
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*** SSTART 012.0 003.0 0 TX 1866 ***
SEC. 12. 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 offence.
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*** SSTART 013.0 003.0 0 TX 1866 ***
SEC. 13. Each house shall keep a journal of its own 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 journal.
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*** SSTART 014.0 003.0 0 TX 1866 ***
SEC. 14. When vacancies happen 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 such vacancies, the returning officer for the district or county
shall be authorized to order an election for that purpose.
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*** SSTART 015.0 003.0 0 TX 1866 ***
SEC. 15. The senators and representatives shall in all cases, except in 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, allowing one day for every twenty miles such member may reside from
the place at which the legislature is convened.
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*** SSTART 016.0 003.0 0 TX 1866 ***
SEC. 16. Each house may punish by imprisonment, during the session, 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.
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*** SSTART 017.0 003.0 0 TX 1866 ***
SEC. 17. The doors of each house shall be kept open.
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*** SSTART 018.0 003.0 0 TX 1866 ***
SEC. 18. Neither house shall, without the consent of the other, adjourn for more than three days,
nor to any other place than that which they may be sitting, without the concurrence of both
houses.
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*** SSTART 019.0 003.0 0 TX 1866 ***
SEC. 19. Bills may originate in either house, and be amended,  altered, or rejected by the other;
but no bill shall have the force of a law until, on three several days, it be read in each house, and
free discussion be allowed thereon, unless, in case of great emergency,  four-fifths of the house in
which the bill shall be pending may deem it expedient to dispense with this rule; and every bill,
having passed both houses, shall be signed by the speaker and president of their respective
houses.
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*** SSTART 020.0 003.0 0 TX 1866 ***
SEC. 20. All bills for raising revenue shall originate in the house of representatives, but the
senate may amend or reject them as other bills.
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*** SSTART 021.0 003.0 0 TX 1866 ***
SEC. 21. After a bill or resolution has been rejected by either branch of the legislature, no bill or
resolution containing the same substance shall be passed into a law during the same session.
*** SEND ***
*** SSTART 022.0 003.0 0 TX 1866 ***
SEC. 22. Each member of the legislature shall receive from the public treasury a compensation
for his services, which may be increased or diminished by law; but no increase or compensation
shall take effect during the session at which such increase shall be made.
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*** SSTART 023.0 003.0 0 TX 1866 ***
SEC. 23. No senator or representative shall, during the term for which he may be elected, be
eligible to any office of profit under this State, which shall have been created or the emoluments
of which may have been increased during such term; and no member of either house of the
legislature shall, during the term for which he is elected,  although  he may resign his seat as such
member, shall be eligible to any office or place, the appointment to which may be made, in whole
or in part, by either branch of the legislature; nor shall members of either house vote for a
member of their own body, though he resign his seat in the same, for Senator in the Congress in
the United States; nor shall members thereof be capable of voting for a member of  their own
body for any office whatever, except it be for speaker of the house of representatives and
president for the time being of the senate, who shall be elected from their respective bodies.
*** SEND ***
*** SSTART 024.0 003.0 0 TX 1866 ***
SEC. 24. No judge of any court of law or equity, secretary of state, attorney-general, clerk of any
court of record, sheriff or collector, or any person holding a lucrative office under the United
States, or this State, or any foreign government, shall be eligible to the legislature, nor shall at the
same time hold or exercise any two offices, agencies, or appointments of trust or profit under this
State: Provided, That offices of the militia, to which there is attached no annual salary, the office
of notary public, and the office of justice of the peace shall not be deemed lucrative, and that one
person may hold two or more county offices, if so provided by the legislature.
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*** SSTART 025.0 003.0 0 TX 1866 ***
SEC. 25. No person who at any time may have been a collector of taxes, or who may have been
otherwise intrusted 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, and for all public moneys with which he may have been intrusted.
*** SEND ***
*** SSTART 026.0 003.0 0 TX 1866 ***
SEC. 26. Ministers of the gospel, being by their profession dedicated to God and the care of
souls, ought not to be diverted from the great duties of their functions; therefore, no minister of
the gospel, or priest of any denomination whatever, shall be eligible to the legislature.
*** SEND ***
*** SSTART 027.0 003.0 0 TX 1866 ***
SEC. 27. Elections for senators and representatives shall be general throughout the State, and
shall be regulated by law.
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*** SSTART 028.0 003.0 0 TX 1866 ***
SEC. 28. The legislature shall cause an enumeration to be made every ten years, commencing on
the sixth day of February, A. D. 1875, of all the inhabitants (including Indians taxed) of the State,
designating particularly the number of qualified electors and the age, sex, and color of all others,
herein following the classification of the United States census, and the whole number of
representatives shall, at the several periods of making such enumeration, be fixed by the
legislature, and apportioned among the several counties, cities, or towns, according to the number
of white population of each; and shall not be less than forty-five, nor more than ninety: Provided,
That there shall be an enumeration and an apportionment made in the year 1870, in the manner
here indicated.
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*** SSTART 029.0 003.0 0 TX 1866 ***
SEC. 29. Until changed by law, the act of apportionment passed the 6th day of February, A.D.
1860, by the legislature of this State, shall remain in force.
*** SEND ***
*** SSTART 030.0 003.0 0 TX 1866 ***
SEC. 30. The whole number of senators shall, at the next session after the several periods of
making the enumeration, be fixed by the legislature, and apportioned among the several districts
to be established by law, according to the number of qualified electors, and shall never be less
than nineteen, nor more than thirty-three.
*** SEND ***
*** SSTART 031.0 003.0 0 TX 1866 ***
SEC. 31. The members of the legislature shall, at their first session hereafter, receive from the
treasury of the State, its their compensation, eight dollars for each day they shall be in attendance,
and eight dollars for each twenty-five miles in travelling to and from the seat of government. The
above rates of compensation shall remain till changed by law.
*** SEND ***
*** SSTART 032.0 003.0 0 TX 1866 ***
SEC. 32. The legislature shall proceed as early as practicable to elect Senators to represent this
State in the Senate of the United States, and also provide for the election of Representatives to
the Congress of the United States.
*** SEND ***
*** SSTART 033.0 003.0 0 TX 1866 ***
SEC. 33. The city of Austin is hereby declared to be the seat of government of this 8tate until
removed by an election of the people; and the title to the tract of land surveyed by virtue of the
head-right certificate of Samuel Goucher, for one-third of a league, which was selected and
condemned to the use of the Republic of Texas, under an act of the Republic of Texas entitled
"An act for the permanent location of the seat of government," approved the 14th day of January,
A. D. 1839, be, and the same is hereby, confirmed; any irregularity or failure to make proper
parties, or other defects in the proceedings had under this act, to the contrary notwithstanding:
Provided, nevertheless, That the lawful owner of said land, his heirs, assigns, or legal
representatives, may, at any time within one year from the adoption of this constitution, institute
proceedings and have compensation as provided by act of the legislature of the State of Texas,
entitled "An act for quieting the title to real estate in the city of Austin," approved 18th
December, 1857.
*** SEND ***

*** AEND ***
*** ASTART 004.0 TX 1866 ***
ARTICLE IV

JUDICIAL DEPARTMENT

*** SSTART 001.0 004.0 0 TX 1866 ***
SECTION 1. The judicial power of this State shall be vested in one supreme court, in district
courts, in county courts, and in such corporation courts and other inferior courts or tribunals as
the legislature may from time to time ordain and establish. The legislature may establish criminal
courts, in the principal cities within this State, with such criminal jurisdiction, coextensive with
the limits of the county wherein such city may be situated, and under such regulations as may be
prescribed by law, and the judge therein may preside over the courts of one or more cities, as the
legislature may direct.
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*** SSTART 002.0 004.0 0 TX 1866 ***
SEC. 2. The supreme court shall consist of five justices, any three of whom shall constitute it
quorum. They shall be elected by the qualified voters of the State at a general election for State or
county officers, and they shall elect from their own number a presiding officer, to be styled the
chief justice; they shall have arrived at the age of thirty-five years at the time of election, shall
hold their offices for the term of ten years, and such of them shall receive an annual salary of at
least four thousand five hundred dollars, which shall not be increased or diminished during his
term of office.
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*** SSTART 003.0 004.0 0 TX 1866 ***
SEC. 3. The supreme court shall have appellate jurisdiction only, which shall be coextensive
with the limits of the State; but in criminal cases below the grade of felony, and in appeals from
interlocutory judgments, with such exceptions and under such regulations as the legislature shall
make; an the supreme court and the judges thereof shall have power to issue the writ of habeas
corpus, and under such regulations as may be prescribed by law; the said court and the judges
thereof may issue the writ of mandamus, and such other writs as may be necessary to enforce its
own jurisdiction. The supreme court shall also have power upon affidavits, or otherwise, as by
the court may be thought proper, to ascertain in such matters of fact as may be necessary to the
proper exercise of its jurisdiction. The supreme court shall sit for the transaction of business from
the first Monday of October until the last Saturday of June of every year, at the capital, and at not
more than two other places in the State.
*** SEND ***
*** SSTART 004.0 004.0 0 TX 1866 ***
SEC. 4. The supreme court shall appoint its own clerks, who shall give bond in such manner as is
now, or may hereafter be, required by law, shall hold their offices for four years, and shall be
subject to removal by the said court for good cause, entered of record on the minutes of said
court.
*** SEND ***
*** SSTART 005.0 004.0 0 TX 1866 ***
SEC. 5. The State shall be divided into convenient judicial districts. For each district there shall
be elected by the qualified voters thereof, at a general election for State or county officers, a
judge, who shall reside in the same, shall hold his office for the term of eight years, shall receive
an annual salary of not less than three thousand five hundred dollars, which shall not be increased
or diminished during his term of service, and shall hold the courts at one place in each county in
the district at least twice in each year, in such manner as may be prescribed by law.
*** SEND ***
*** SSTART 006.0 004.0 0 TX 1866 ***
SEC. 6. The district court shall have original jurisdiction of all criminal cases; of all suits in
behalf of the State to recover penalties, forfeitures, and escheats; of all cases of divorce; of all
suits to recover damages for slander or defamation of character; of all suits for the trial of title to
land; of all suits for the enforcement of liens; of all suits for the trial of the right of property,
levied on by virtue of any writ of execution, sequestration, or attachment, when the property
levied on shall be equal to or exceed in value one hundred dollars; and of all suits, complaints, or
pleas whatever, without regard to any distinction between law and equity, when the matter in
controversy shall be valued at, or amount to, one hundred dollars, exclusive of interest; and the
said courts and the judges thereof shall have power to issue writs of injunction, certiorari, and all
other writs necessary to enforce their own jurisdiction, and to give them a general
superintendence and control over inferior tribunals. The district courts shall have appellate
jurisdiction in cases originating in inferior courts, which may be final in such cases as the
legislature may prescribe; and original and appellate jurisdiction and general control over the
county established in each county, for appointing guardians, granting letters testamentary and of
administration; for settling the accounts of executors, administrators, and guardians, and for the
transaction of business appertaining to estates, and original jurisdiction and general control over
executors, administrators. guardians, and minors, under such regulations as may be prescribed by
law.
*** SEND ***
*** SSTART 007.0 004.0 0 TX 1866 ***
SEC. 7. There shall be a clerk of the district court for each county, who shall he elected by the
qualified voters for members of the legislature, and who shall hold his office for four years,
subject to removal by information, or by indictment of a grand jury and conviction by a petit jury.
In case of vacancy, the judge of the district court shall have the power to appoint a clerk, until a
regular election can be held.
*** SEND ***
*** SSTART 008.0 004.0 0 TX 1866 ***
SEC. 8. In the trial Of all causes in equity in the district courts, the plaintiff or defendant shall,
upon application made in open court, have the right of trial by jury, to be governed by the rules
and regulations prescribed in trials at law.
*** SEND ***
*** SSTART 009.0 004.0 0 TX 1866 ***
SEC. 9. All judges of the supreme and district courts shall, by virtue of their offices, be
conservators of the peace throughout the State. The style of all writs and process shall be "The
State of Texas." All prosecutions shall be carried on in the name and by the authority of the State
of Texas, and conclude" against the peace and dignity of the State."
*** SEND ***
*** SSTART 010.0 004.0 0 TX 1866 ***
SEC. 10. In the case of a vacancy in the offices of justice of the supreme court, judges of the
district court, attorney-general, and district attorneys, the governor of the State shall have power
to fill the same by appointment, which shall continue in force until the office can be filled at the
next general election for State or county officers, and the successor duly qualified.
*** SEND ***
*** SSTART 011.0 004.0 0 TX 1866 ***
SEC. 11. The judges of the supreme and district courts shall be removed by the governor, on the
address of two-thirds of each house of the legislature, for wilful neglect of duty or other
reasonable cause, which shall not be sufficient ground for impeachment: Provided, however,
That the cause or causes for which such removal shall be required shall be stated at length in
such address, and entered on the journals of each house: And provided further, That the cause or
causes shall be notified to the judge so intended to be removed; and he shall be admitted to a
hearing in his own defence before any vote for such address shall pass. And in all such cases the
vote shall be taken by yeas and nays, and entered on the journals of each house respectively.
*** SEND ***
*** SSTART 012.0 004.0 0 TX 1866 ***
SEC. 12. No judge shall sit in any case wherein he may be interested, or where either of the
parties may be connected with him by affinity or consanguinity, within such degrees as may be
prescribed by law, or where he shall have been of counsel in the case. When the supreme court,
or any three of its members, shall be thus disqualified to hear and determine any case or cases in
said court, or when no judgment can be rendered in any case or cases in said court, by reason of
the equal division of opinion of said judges, 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 said case or cases. When a judge of the district court is thus
disqualified, the parties may, by, consent, appoint a proper person to try the said case; or, upon
their failing to do so, a competent person shall 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
directed by law. The disqualification of judges of inferior tribunals shall be remedied, and
vacancies in their offices shall be filled, as prescribed by law.
*** SEND ***
*** SSTART 013.0 004.0 0 TX 1866 ***
SEC. 13. An attorney-general shall be elected by the people, who shall reside at the capital of the
State during his continuance in office, whose duties shall be prescribed by law, who shall hold
his office, for four years, and who, in addition to perquisites, shall receive an annual salary of
three thousand dollars, which shall not be increased or diminished during his term of office.
*** SEND ***
*** SSTART 014.0 004.0 0 TX 1866 ***
SEC. 14. There shall be a district attorney for each judicial district in the State, elected by the
qualified electors of the district, who shall reside in the district for which he shall be elected,
shall hold his office for four years, and, together with the perquisites prescribed by law, shall
receive an annual salary of one thousand dollars, which shall not be increased or diminished
during his term of office.
*** SEND ***
*** SSTART 015.0 004.0 0 TX 1866 ***
SEC. 15. There shall be established in each county in tile State an inferior tribunal, styled the
county court; and there shall be elected, by the persons in each county who are qualified to vote
for members of the legislature, a judge of the county court, who shall be a conservator of the
peace, who shall hold his office for four years, and who shall receive such compensation as may
be prescribed by law, and who may be removed from office for neglect of duty, incompetency, or
malfeasance, in such manner as may be prescribed by law.
*** SEND ***
*** SSTART 016.0 004.0 0 TX 1866 ***
SEC. 16. The county court shall have jurisdiction of all misdemeanors and petty offences, as the
same are now, or may hereafter be, defined by law; of such civil cases, where the matter in
controversy shall not exceed five hundred dollars, exclusive of interest, under such regulations,
limitations, and restrictions as may be prescribed by law, without regard to any distinction
between law and equity; to probate wills, to appoint guardians of minors, idiots, lunatics, and
persons non compos mentis; to grant letters testamentary and of administration; to settle the
accounts of executors, administrators, and guardians; to transact all business appertaining to the
estates of deceased persons, minors, idiots, lunatics, and persons non compos mentis, including
the settlement, partition, and distribution of such estates; and to apprentice minors under such
regulations as may be prescribed by law. One term of the county court shall be held in each
county at least once in every two months; and the legislature may provide for the appointment of
a county attorney to represent the state and county in said court, whose term of office, duties, and
compensation shall be such as may be prescribed by law.
*** SEND ***
*** SSTART 017.0 004.0 0 TX 1866 ***
SEC. 17. There shall be elected in each county in the State, by the persons qualified to vote for
members of the legislature, four county commissioners, whose term of office shall be four years,
who, with the judge of the county court, shall constitute and be styled the police court for the
county, whose powers, duties and mode of action, in regulating, promoting, and protecting the
public interest relating to the county, shall be the same as that now prescribed by law for the
commissioners' court of roads and revenue, until otherwise provided for and regulated by the
legislature.
*** SEND ***
*** SSTART 018.0 004.0 0 TX 1866 ***
SEC. 18. 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 the clerk of the county and police courts, whose duties
and perquisites and fees of office shall be prescribed by the legislature, and a vacancy in whose
office shall be filled by the judge of the county court, until the next general election for county or
State offices, who may be removed from office for such cause and in such manner as may be
prescribed by law.
*** SEND ***
*** SSTART 019.0 004.0 0 TX 1866 ***
SEC. 19. There shall be elected a convenient number of justices of the peace, who shall have
such civil and criminal jurisdiction as shall be provided by law, where the matter in controversy
shall not exceed in value one hundred dollars, exclusive of interest; also one sheriff, one coroner,
and a sufficient number of constables, who shall hold their offices for four years, to be elected by
the qualified voters of the district or county, as the legislature may direct. Justices of the peace,
sheriffs, and coroners shall  by commissioned by the governor. The sheriff shall not be eligible
more than eight years in every twelve.
*** SEND ***
*** SSTART 020.0 004.0 0 TX 1866 ***
SEC. 20. In all cases of law or equity, where the matter in controversy shall be valued at or
exceed twenty dollars, the right of trial by jury shall be preserved.
*** SEND ***
*** AEND ***
*** ASTART 005.0 TX 1866 ***
ARTICLE V

EXECUTIVE DEPARTMENT

*** SSTART 001.0 005.0 0 TX 1866 ***
SECTION 1. The supreme executive power of this State shall be vested in the chief magistrate,
who shall be styled "the governor of the State of Texas."
*** SEND ***
*** SSTART 002.0 005.0 0 TX 1866 ***
SEC. 2. The governor shall be elected by the qualified electors of the State, at the time and places
of election for members of the legislature.
*** SEND ***
*** SSTART 003.0 005.0 0 TX 1866 ***
SEC. 3. The returns of every election for governor, until otherwise provided by law, shall be
made out, sealed up, and transmitted to the seat of government, and directed to the speaker of the
house of representatives, who shall, during the first week of the session of the legislature
thereafter, open and publish them in the presence of both houses of the legislature; the person
having the highest number of votes, and being constitutionally eligible, shall be declared by the,
speaker, under the direction of the legislature, to be governor; but if two or more persons shall
have the highest and an equal number of votes, one of them shall be immediately chosen
governor, by joint vote of both houses of the legislature. Contested elections for governor shall
be determined by both houses of the legislature.
*** SEND ***
*** SSTART 004.0 005.0 0 TX 1866 ***
SEC. 4. The governor shall hold his office for the term of four years from the regular time of
installation, and until his successor shall be duly qualified, but shall not be eligible for more than
eight years in any term of twelve years; he shall be at least thirty years of age, shall be a citizen of
the United States, or a citizen of the State of Texas at the time of the adoption of this constitution
and shall have resided in the same six years immediately preceding his election, and shall be
inaugurated on the first Thursday after the organization of the legislature, or as soon thereafter as
practicable.
*** SEND ***
*** SSTART 005.0 005.0 0 TX 1866 ***
SEC. 5. He shall, at stated times, receive a compensation for his services, which shall not be
increased or diminished during the term for which he may have been elected. He shall receive an
annual salary of four thousand dollars, until otherwise provided by law.
*** SEND ***
*** SSTART 006.0 005.0 0 TX 1866 ***
SEC. 6. The governor shall be commander-in-chief of the army and navy of this State, and of the
militia, except when they shall be called into the service of the United States.
*** SEND ***
*** SSTART 007.0 005.0 0 TX 1866 ***
SEC. 7. He may require information, in writing, from the, officers of the executive department on
any subject relating to the duties of their respective offices.
*** SEND ***
*** SSTART 008.0 005.0 0 TX 1866 ***
SEC. 8. He may, by proclamation, on extraordinary occasions, convene the legislature at the seat
of government, or at a different place if that should be dangerous by reason of disease or the
public enemy. In case of disagreement between the two houses with respect to adjournment, he
may adjourn them to such time as he shall think proper, not beyond the day of the next regular
meeting of the legislature.
*** SEND ***
*** SSTART 009.0 005.0 0 TX 1866 ***
SEC. 9. He shall from time to time give to the legislature information, in writing, of the state of
the government, and recommend to their consideration such measures as he may deem expedient.
*** SEND ***
*** SSTART 010.0 005.0 0 TX 1866 ***
SEC. 10. He shall take care that the laws be faithfully executed.
*** SEND ***
*** SSTART 011.0 005.0 0 TX 1866 ***
SEC. 11. In all criminal cases, except in those of treason and impeachment, he shall have power,
after conviction to grant reprieves and pardons; and, under such rules as the legislature may
prescribe he shall have power to remit fines and forfeitures. In cases of treason, he shall have
power, by and with the advice and consent of the senate, to grant reprieves and pardons; and he
may, in the recess of the senate, respite the sentence until the end of the next session of the
legislature.
*** SEND ***
*** SSTART 012.0 005.0 0 TX 1866 ***
SEC. 12. There shall also be a lieutenant-governor, who shall be chosen, it every election for
governor, by the same persons and in the same manner, continue in office for the same time, and
possess the same qualifications. In voting for governor or lieutenant-governor, the electors shall
distinguish for whom they vote as governor and for whom as lieutenant-governor. The
lieutenant-governor shall, by virtue of his office, be president of the senate, and 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. In case of death, resignation, removal from office,
inability or refusal of the governor to serve, or of his impeachment or absence from the State, the
lieutenant-governor shall exercise the powers and authority appertaining to the office of
governor, until another be chosen at the periodical election, and be duly qualified, or until the
governor impeached, absent, or disabled shall be acquitted, return, or his disability be removed.
*** SEND ***
*** SSTART 013.0 005.0 0 TX 1866 ***
SEC. 13. Whenever the government shall be administered by the lieutenant-governor, or he shall
be unable to attend as president of the senate the senate shall elect one of their own members as
president for the time being. And if, during the vacancy of the office of governor, the
lieutenant-governor shall die, resign, refuse to serve, or be removed from office, or be unable to
serve, or if he shall be impeached or absent from the State, the president of the senate for the time
being shall in like manner administer the government until he shall be superseded by a governor
or lieutenant-governor. The lieutenant-governor shall, whilst he acts as president of the senate,
receive for his services the same compensation which shall be allowed to the speaker of the
house of representatives, and no more; and during the time he administers the government as
governor shall receive the same compensation which the governor would have received had he
been employed in the duties of his office, and no more. The president for the time being of the
senate shall, during the time he administers the government, receive in like manner the same
compensation which the governor would have received had he been employed in the duties of his
office. If the lieutenant-governor shall be required to administer the government, and shall, whilst
in such administration, die, resign, or be absent from the State during the recess of the legislature,
it shall be the duty of the secretary of state to convene the senate, for the purpose of choosing a
president for the time being.
*** SEND ***
*** SSTART 014.0 005.0 0 TX 1866 ***
SEC. 14. There shall be a seal of the State, which shall be kept by the governor and used by him
officially; the said seal shall be a star of five points encircled by an olive and live-oak branches,
and the words "The State of Texas".
*** SEND ***
*** SSTART 015.0 005.0 0 TX 1866 ***
SEC. 15. All commissions shall be in the name and by the authority of the State of Texas, be
sealed with the State seal, signed by the governor, and attested by the secretary of state.
*** SEND ***
*** SSTART 016.0 005.0 0 TX 1866 ***
SEC. 16. 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 shall continue in office during the term of service of the
governor-elect. He shall 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.
*** SEND ***
*** SSTART 017.0 005.0 0 TX 1866 ***
SEC. 17. Every bill which shall have passed both houses of the legislature shall be presented to
the governor; if he approve, he shall sign it; but if not, he shall return it, with his objections, to
the house in which it shall have originated, who shall enter the objections at large upon the
journals and proceed to reconsider it. If, after such reconsideration, two-thirds of the members
present shall agree to pass the bill, it shall be sent, with the objection, to the other house, by
which it shall likewise be reconsidered. If approved by two-thirds of the members present 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 or against the bill shall be entered on the
journals of each house respectively. If any bill shall not be returned by the governor within five
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. Every bill presented to the governor one day previous to the
adjournment of the legislature, and not returned to the house in which it originated before its
adjournment, shall become a law, and have the same force and effect as if he signed by the
governor. The governor may approve any appropriation and disapprove any other appropriation
in the same bill. In such case he shall, in signing the bill, designate the appropriations
disapproved, and shall return a copy of such appropriations, with his objections, to the house in
which the bill shall have originated; and the same proceedings shall then be had as in the case of
other bills disapproved by the governor; but if the legislature has adjourned before the bill is
returned to the house, he shall return the same to the secretary of state, with his objections, and
also to the next session of the legislature.
*** SEND ***
*** SSTART 018.0 005.0 0 TX 1866 ***
SEC. 18. 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 be approved by him, or, being disapproved, shall be
repassed by both houses according to the rules and limitations prescribed in the case of a bill.
*** SEND ***
*** SSTART 019.0 005.0 0 TX 1866 ***
SEC. 19. The governor, by and with the advice and consent of two-thirds of the senate, shall
appoint a convenient number of notaries public, not exceeding six for each county; who, in
addition to such duties as are prescribed by law, shall discharge such other duties as the
legislature may from time to time prescribe.
*** SEND ***
*** SSTART 020.0 005.0 0 TX 1866 ***
SEC. 20. Nominations to fill all vacancies that may have occurred during the recess shall be
made to the senate during the first ten days of its session. And should any nomination so made be
rejected, the same individual shall not again be nominated during the session to fill the same
office; and should the governor fail to make nominations to fill any vacancy during the session of
the senate, such vacancy shall not be filled by the governor until the next meeting of the senate.
*** SEND ***
*** SSTART 021.0 005.0 0 TX 1866 ***
SEC. 21. The governor shall reside, during the session of the legislature, at the place where the
session may be held, and at all other times wherever, in their opinion, the public good may
require.
*** SEND ***
*** SSTART 022.0 005.0 0 TX 1866 ***
SEC. 22. No person holding the office of governor shall hold any other office or commission,
civil or military.
*** SEND ***

*** SSTART 023.0 005.0 0 TX 1866 ***
SEC. 23. There shall be elected by the qualified electors of this State, in the manner prescribed
by law, a comptroller of public accounts, and a State treasurer, each of whom shall hold his office
for the term of four years; and in case of a vacancy in either of said offices, the governor shall
have power to fill the same by appointment, which can be filled at the next general election for
State and county officers and the successor duly qualified.

*** SEND ***
*** AEND ***
*** ASTART 006.0 TX 1866 ***
 ARTICLE VI

MILITIA

*** SSTART 001.0 006.0 0 TX 1866 ***
SECTION 1. The legislature shall provide by law for organizing and disciplining the militia of
the State, in such manner as they shall deem expedient, not incompatible with the Constitution
and laws of the United States in relation thereto.
*** SEND ***
*** SSTART 002.0 006.0 0 TX 1866 ***
SEC. 2. Any person who conscientiously scruples to bear arms shall not be compelled to do so,
but shall pay an equivalent for personal service.
*** SEND ***
*** SSTART 003.0 006.0 0 TX 1866 ***
SEC. 3. No licensed minister of the gospel shall be required to perform military duty, work on
roads, or serve on juries in this State.
*** SEND ***
*** SSTART 004.0 006.0 0 TX 1866 ***
SEC. 4. The governor shall have power to call forth the militia to execute the laws of the State, to
suppress insurrections, and to repel invasion.
*** SEND ***
*** AEND ***
*** ASTART 007.0 TX 1866 ***
ARTICLE VII

GENERAL PROVISIONS

*** SSTART 001.0 007.0 0 TX 1866 ***
SECTION 1. Members of the legislature and all officers, before they enter upon the duties of
their offices, shall take the following oath or affirmation: " 1, A. B., do solemnly swear [or
affirm] that I will faithfully and impartially discharge and perform all the ditties incumbent on
me as --, according to the best of my skill and ability, agreeable to the constitution and laws of
the United States and of this State; and I do further solemnly swear [or affirm] that, since the
adoption of this constitution by the Congress of the United States, I, being a citizen of this State,
have not fought a duel with deadly weapons, within this State nor out of it, nor have I sent or
accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a
challenge, or aided, advised, or assisted any person thus offending: So held me God."
*** SEND ***
*** SSTART 002.0 007.0 0 TX 1866 ***
SEC. 2. Treason against this State shall consist only in levying war against it, or in adhering to
enemies giving them aid and comfort; and no persons shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or his own confession in open court.
*** SEND ***
*** SSTART 003.0 007.0 0 TX 1866 ***
SEC. 3. Every person shall be disqualified from holding any office of trust or profit in this State
who shall have been convicted of having given or offered a bribe to procure his election or
appointment.
*** SEND ***
*** SSTART 004.0 007.0 0 TX 1866 ***
SEC. 4. Laws shall be made to exclude from office, serving on juries, and from the right of
suffrage those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes.
The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting,
under adequate penalties, all undue influence thereon from power, bribery, tumult, or other
improper practice.
*** SEND ***
*** SSTART 005.0 007.0 0 TX 1866 ***
SEC. 5. Any citizen of this State who shall, after the adoption of this constitution, fight a duel
with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either
within the State or out of it, or who shall act as second, or knowingly aid and assist in any
manner those thus offending, shall be deprived of holding any office of trust or profit under this
State.
*** SEND ***
*** SSTART 006.0 007.0 0 TX 1866 ***
SEC. 6. In all elections by the people, the vote shall be by ballot, until the legislature shall
otherwise direct; and 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.
*** SEND ***
*** SSTART 007.0 007.0 0 TX 1866 ***
SEC. 7. The legislature shall provide by law for the compensation of all officers, servants, agents,
and public contractors, not provided for by this constitution, and shall not grant extra
compensation to any officer, agent, servant, or public contractor 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, where the same shall not have been provided for by
preexisting law: Provided, That nothing in this section shall be so construed as to affect the
claims of persons against the Republic of Texas heretofore existing.
*** SEND ***
*** SSTART 008.0 007.0 0 TX 1866 ***
SEC. 8. 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,
except for purposes of education; and no appropriation for private or individual purposes, or for
purposes of internal improvement, shall be made without the concurrence of two-thirds of both
houses of the legislature. A regular statement and account of the receipt and expenditures of all
public money shall be published annually in such manner as shall be prescribed by law. And in
no case shall the legislature have the power to issue treasury warrants, treasury notes, or paper of
any description, intended to circulate as money.
*** SEND ***
*** SSTART 009.0 007.0 0 TX 1866 ***
SEC. 9. All civil officers shall reside within the State and all district or county officers within
their districts or counties, and shall keep their offices at such places therein as may be required by
law.
*** SEND ***
*** SSTART 010.0 007.0 0 TX 1866 ***
SEC. 10. The, duration of all offices, not fixed by this constitution shall never exceed four years,
(except the office of superintendent of the lunatic asylum, or other asylums that may be
established by law, who shall continue in office during good behavior: Provided That in all cases
where the governor has the authority under this constitution, or laws made in pursuance thereof,
to appoint to office, he shall also have power to remove from the same for malfeasance in office,
neglect of duty, or other good cause: Provided, That a statement of the cause shall, at the time of
removal, be furnished the party interested, and a copy thereof shall also be recorded in the office
of the secretary of state.)
*** SEND ***
*** SSTART 011.0 007.0 0 TX 1866 ***
SEC. 11. Absence on the business of this State, or of the United States, shall not forfeit a
residence once obtained, so as to deprive any one of the right of suffrage, or of being, elected or
appointed to an office, under the exceptions contained in this constitution.
*** SEND ***
*** SSTART 012.0 007.0 0 TX 1866 ***
SEC. 12. The legislature shall have power to provide for deduction from the salaries of public
officers who may neglect the performance of any duty that may be assigned them by law.
*** SEND ***
*** SSTART 013.0 007.0 0 TX 1866 ***
SEC. 13. No member of Congress, nor person holding or exercising any office of profit or trust
under the United States, or either of them, or under any foreign power, shall be eligible as a
member of the legislature, or hold or exercise any office of profit or trust under this State.
*** SEND ***
*** SSTART 014.0 007.0 0 TX 1866 ***
SEC. 14. The legislature shall provide for a change of venue in civil and criminal cases, and for
the erection of a penitentiary at as early a day as practicable.
*** SEND ***
*** SSTART 015.0 007.0 0 TX 1866 ***
SEC. 15. It shall be the duty of the legislature to pass such laws as may be necessary and proper
to decide differences by arbitration, when the parties shall elect that mode of trial.
*** SEND ***
*** SSTART 016.0 007.0 0 TX 1866 ***
SEC. 16. Within five years after the adoption of this constitution, the laws, civil and criminal,
shall be revised, digested, arranged and published, in such manner as the legislature shall direct;
and a like revision, digest, and publication shalt be made every ten years thereafter.
*** SEND ***
*** SSTART 017.0 007.0 0 TX 1866 ***
SEC. 17. No lottery shall be authorized by this State; and the buying and selling of lottery-tickets
within this State is prohibited.
*** SEND ***
*** SSTART 018.0 007.0 0 TX 1866 ***
SEC. 18. No divorce shall be granted by the legislature.
*** SEND ***
*** SSTART 019.0 007.0 0 TX 1866 ***
SEC. 19. All property, both real and personal, of the wife, owned or claimed by her before
marriage, aud that acquired afterward by gift, devise, or descent, shall be her separate property;
and laws shall be passed more clearly defining the rights of the wife in relation as well to her
separate property as that held in common with her husband. Laws shall also be passed providing
for the registration of the wife's separate property.
*** SEND ***
*** SSTART 020.0 007.0 0 TX 1866 ***
SEC. 20. The rights of property and of actions which have been acquired under the constitution
and laws of the Republic of Texas shall not be divested; nor shall any rights or actions which
have been divested, barred, or declared null and void by the constitution and laws of the Republic
of Texas be reinvested, revived, or reinstated by this constitution; but the same shall remain
precisely in the situation which they were before the adoption of this constitution.
*** SEND ***
*** SSTART 021.0 007.0 0 TX 1866 ***
SEC. 21. All claims, locations, surveys, grants, and titles to land which are declared null and void
by this constitution of the Republic of Texas, are, and the same shall remain forever, null and
void.
*** SEND ***
*** SSTART 022.0 007.0 0 TX 1866 ***
SEC. 22. The legislature shall have power to protect, by law, from forced sale a certain portion of
the property of all heads of families. The homestead of a family not to exceed two hundred acres
of land, (not included in a town or city) or any town or city lot or lots, in value not to exceed two
thousand dollars, shall not be subject to forced sale for any debts hereafter contracted, nor shall
the owner, if a married man, be at liberty to alienate the same, unless by the consent of the wife,
in such manner as the legislature may hereafter point out.
*** SEND ***
*** SSTART 023.0 007.0 0 TX 1866 ***
SEC. 23. The legislature shall provide in what cases officers shall continue to perform the duties
of their offices until their successors shall be duly qualified.
*** SEND ***
*** SSTART 024.0 007.0 0 TX 1866 ***
SEC. 24. Every law enacted by the legislature shall embrace but one object, and that shall be
expressed in the title.
*** SEND ***
*** SSTART 025.0 007.0 0 TX 1866 ***
SEC. 25. No law shall be revised or amended by reference to its title; but in such case the act
revised, or section amended, shall be reenacted and published at length.
*** SEND ***
*** SSTART 026.0 007.0 0 TX 1866 ***
SEC. 26. No person shall hold or exercise at the same time more than one civil office of
emolument, except that of justice of the peace.
*** SEND ***
*** SSTART 027.0 007.0 0 TX 1866 ***
SEC. 27. Taxation shall be equal and uniform throughout the State. All property in this State
shall be taxed in proportion to its value, to be ascertained as directed by law, except such
property as twothirds of both houses of the legislature may think proper to exempt from taxation.
The legislature shall have power to lay an income-tax, and to tax all persons pursuing any
occupation, trade, or profession: Provided, That the term "occupation" shall not be construed to
apply to pursuits either agricultural or mechanical.
*** SEND ***
*** SSTART 028.0 007.0 0 TX 1866 ***
SEC. 28. The legislature shall have power to provide by law for exemption from taxation, two
hundred and fifty dollars' worth of household- furniture, or other property, belonging to each
family in this State.
*** SEND ***
*** SSTART 029.0 007.0 0 TX 1866 ***
SEC. 29. The assessor and collector of taxes shall be appointed in such manner and under such
regulations as the legislature may direct.
*** SEND ***
*** SSTART 030.0 007.0 0 TX 1866 ***
SEC. 30. No corporate body shall hereafter be created, renewed, or extended with banking or
discounting privileges.
*** SEND ***
*** SSTART 031.0 007.0 0 TX 1866 ***
SEC. 31. No private corporation shall be created, unless the bill creating it shall be passed by
two-thirds of both houses of the legislature; and two-thirds of the legislature shall have power to
revoke and repeal all private corporations by making compensation for the franchise. And the
State shall not be part owner of the stock or property belonging to any corporation.
*** SEND ***
*** SSTART 032.0 007.0 0 TX 1866 ***
SEC. 32. The legislature shall prohibit, law, individuals from issuing bills, checks, promissory
notes, or other paper to circulate as money.
*** SEND ***
*** SSTART 033.0 007.0 0 TX 1866 ***
SEC. 33. The aggregate amount of debts hereafter contracted by the legislature shall never
exceed the sum of one hundred thousand dollars, except in case of war, to repel invasion, or
suppress insurrections. And in no case shall any amount be borrowed, except by a vote of
two-thirds of both houses of the legislature.
*** SEND ***
*** SSTART 034.0 007.0 0 TX 1866 ***
SEC. 34. The legislature may, from time to time, establish new counties for the convenience of
the inhabitants of such new county or counties: Provided, That no new county shall be
established which shall reduce the county or counties, or either of them, from which it shall be
taken to a less area than nine hundred square miles, unless by consent of two-thirds of the
legislature, nor shall any county be organized of less contents: Provided further, That all counties
heretofore created are hereby declared to be legally-constituted counties. Every new county has
the right of suffrage and representation, shall be considered as part of the county or counties from
which it was taken until the next apportionment of representation thereafter: Provided also, That
no new county shall be laid off when less than one hundred and twenty qualified jurors are at the
time residents therein.
*** SEND ***
*** SSTART 035.0 007.0 0 TX 1866 ***
SEC. 35. No soldier shall in time of peace, be quartered in the house, or within the inclosure, of
any individual without the consent of the owner, nor in time of war but in a manner prescribed by
law.
*** SEND ***
*** SSTART 036.0 007.0 0 TX 1866 ***
SEC. 36. A well-regulated system of internal improvements is calculated to develop the
resources of the State and promote the happiness and prosperity of her citizens. Therefore the
legislature shall have power, and it shall be its duty, to encourage the same; and the legislature
shall have power to guarantee the bonds of railroad companies to any amount not exceeding in
any case the sum of fifteen thousand dollars per mile: Provided, That in no case shall the State
guarantee the payment of the bonds of any railroad company until such company shall have
previously graded and prepared at least twenty-five miles of its roadway, ready to lay the iron
rails thereon, and so on continuously, on each additional section of ten miles, so graded and
prepared, after the preceding section has been finished and in operation, until the whole road
shall be completed: Further provided, That the legislature shall require that the company or
companies which receive aid from the State shall use the same exclusively for the purchase of
iron rails, fastening and rolling-stock, and placing the same upon the road, and upon the failure to
do so shall forfeit all their rights under this provision, together with their property and franchises;
and it shall be declared a felony for any officer or agent of any railroad company to
misappropriate any funds granted under the provisions of this section, or any other funds or
property of the company. The State shall always be secured for all bonds guaranteed for any
railroad company by a first lien or mortgage upon the road, rolling-stock, depots, and franchises
of the corporation whose bonds may be guaranteed. The legislature shall provide, by law, that the
managers of railroad companies shall make reports periodically of their acts, and the condition of
the corporation affairs, which shall be officially published for public information. And in no case
shall the State guarantee the bonds of railroad companies, as herein provided, except by a vote of
two-thirds of both houses of the legislature: Provided, The legislature shall have no power,
directly or indirectly to release any railroad company from the payment, in specie, of the
principal or interest of the obligations or debts due to the school-fund or to the State. An act
entitled "An act supplemental and amendatory of an act to regulate railroad companies, approved
February 7th, 1853," approved 21st December, 1857, be. and the same is hereby, repealed and of
no further effect; and the franchise or corporate privileges of any incorporated company shall not
be sold under judgments, except for the foreclosure of mortgages or liens created in the manner
prescribed by law. The comptroller of the State is authorized to take possession of any railroad,
in default of paying any bonds which may be guaranteed by the State, under such regulations as
may be prescribed by law.
*** SEND ***
*** SSTART 037.0 007.0 0 TX 1866 ***
MODE OF CALLING CONVENTION AND AMENDING THE CONSTITUTION
     OF THIS STATE.

SEC. 37. The legislature, by a vote of three-fourths of all the members of each house, with the
approval of the governor, shall have the power to call a convention of the people, for the purpose
of altering, amending, or reforming the constitution of this State; the manner of electing
delegates to the convention, the time and place of assembling them, to be regulated by law.
*** SEND ***
*** SSTART 038.0 007.0 0 TX 1866 ***
SEC.38 . The legislature, at any biennial session, by a vote of two-thirds of all the members of
each house, may propose amendments to the constitution, to be voted upon by persons legally
qualified to vote for members of the house of representatives of the State, which proposed
amendments shall be duly published in the public prints of this State, at least three months before
the next general election for the representatives to the legislature for the consideration of the
people; and it shall be the duty of the several returning officers at said general election to open a
poll for, and make returns to the secretary of state of, the number of legal votes cast at said
election for and against said amendment; and if more than one be proposed then the number of
legal votes cast for and against each of them; and if it shall appear, from said return, that a
majority of the votes cast upon said proposed amendment or amendments have been cast in favor
of the same, and two-thirds of each house of the legislature at the next regular session thereafter,
shall ratify said proposed amendment or amendments, so voted upon by the people, the same
shall be valid to all intents and purposes as parts of the constitution of the State of Texas:
Provided, That the said proposed amendments shall, at each of said sessions, have been read on
three several days in each house of the legislature, and the vote thereon shall have been taken by
yeas and nays: And provided further, That the rule in the above proviso shall never be suspended
by either of said houses.
*** SEND ***
*** SSTART 039.0 007.0 0 TX 1866 ***
SEC. 39. that the State of Texas hereby releases to the owner of the soil all mines and mineral
substances that may be on the same subject to such uniform rate of taxation and the legislature
may impose. All islands along the Gulf coast of the State not now patented or appropriated by
locations under valid land certificates are reserved from location or appropriated [appropriations]
in any other manner by private individuals than as the legislature may direct.
*** SEND ***
*** AEND ***
*** ASTART 008.0 TX 1866 ***
ARTICLE VIII

FREEDMEN

*** SSTART 001.0 008.0 0 TX 1866 ***
SECTION 1. African slavery, as it heretofore existed, having been terminated within this State by
the Government of the United States, by force of arms and its reestablishment being prohibited
by the amendment to the Constitution of the United States, it is declared that neither slavery nor
involuntary servitude, except as a punishment for crime, whereof the party shall have been duly
convicted, shall exist in this State; and Africans and their descendants shall be protected in their
rights of person and property by appropriate legislation; they shall have the right to contract and
be contracted with; to sue and be sued; to acquire, hold, and transmit property; and all criminal
prosecutions against them shall be conducted in the same manner as prosecutions for like
offences against the white race, and they shall be subject to like penalties.
*** SEND ***
*** SSTART 002.0 008.0 0 TX 1866 ***
SEC. 2. Africans and their descendants shall not be prohibited, on account of their color or race,
from testifying orally as witnesses, in any case, civil or criminal, involving the right of injury to,
or crime against any of them in person or property, under the same rules of evidence that may be
applicable to the white race; the credibility of then testimony to be determined by the court or
jury hearing the same; and the legislature shall have power to authorize them to testify as
witnesses in all other cases, under such regulations as may be prescribed, as to facts hereafter
occurring.
*** SEND ***
*** AEND ***
*** ASTART 009.0 TX 1866 ***
ARTICLE IX

*** SSTART 001.0 009.0 0 TX 1866 ***
SECTION 1. The power of impeachment shall be vested in the house of representatives.
*** SEND ***
*** SSTART 002.0 009.0 0 TX 1866 ***
SEC 2. Impeachments of the governor, lieutenant-governor, attorney-general, secretary of state,
treasurer, comptroller, and of the judges of the Supreme Court shall be tried by the senate.
*** SEND ***
*** SSTART 003.0 009.0 0 TX 1866 ***
SEC. 3. Impeachment of judges of the supreme court shall be tried by the senate; when sitting as
a court of impeachment, the senators shall be upon oath or affirmation; and no person shall be
convicted without the concurrence of two-thirds of the senators present.
*** SEND ***
*** SSTART 004.0 009.0 0 TX 1866 ***
SEC. 4. Judgment in cases of impeachment shall extend only to removal. from office and
disqualification from holding any office of honor, trust, or profit under this State; but the parties
convicted shall, nevertheless, be subject to indictment, trial, and punishment according to law.
*** SEND ***
*** SSTART 005.0 009.0 0 TX 1866 ***
SEC. 5. All officers against whom articles of impeachment may be preferred shall be suspended
from the exercise of the duties of their office during the pendency of such impeachment. The
appointing power may make it provisional appointment to fill the vacancy occasioned by the
suspension of an officer until the decision on the impeachment.
*** SEND ***
*** SSTART 006.0 009.0 0 TX 1866 ***
SEC. 6. The legislature shall provide for the trial, punishment, and removal from office of all
other officers of the State, by indictment or otherwise.
*** SEND ***
*** AEND ***
*** ASTART 010.0 TX 1866 ***
ARTICLE X

EDUCATION

*** SSTART 001.0 010.0 0 TX 1866 ***
SECTION 1. A general diffusion of knowledge being essential to the preservation of the rights
and liberties of the people, it shall be the duty of the legislature of this State to make suitable
provisions for the support and maintenance of public schools.
*** SEND ***
*** SSTART 002.0 010.0 0 TX 1866 ***
SEC. 2. The legislature shall, as early as practicable, establish a system of free schools
throughout the State; and as a basis for the endowment and support of said system, all the funds,
lands, and other property heretofore set apart and appropriated, or that may hereafter be set apart
and appropriated, for the support and maintenance of public schools shall constitute the
public-school fund, and said fund and the income derived therefrom shall be a perpetual fund
exclusively for the education of all the white scholastic of this State, and no law shall ever be
made appropriating said fund to any use or purpose whatever. And until such time as the
legislature shall provide for the establishment of such system of public schools in the State, the
fund thus created and the income derived therefrom shall remain as a charge against the State,
and be passed to the credit of the free common-school fund.
*** SEND ***
*** SSTART 003.0 010.0 0 TX 1866 ***
SEC. 3. And all the alternate sections of land reserved by the State out of grants heretofore made,
or that may hereafter be made, to railroad companies or other corporations of any nature
whatever, for internal improvements, or for the development of the wealth and resources of the
State, shall be set apart as a part of the perpetual school-fund of the State: Provided, That if at
any time hereafter any portion of the public domain of this State shall be sold, and by virtue of
said sale the jurisdiction over said land shall be vested in the United States Government, in such
event, one-half of the proceeds derived from said sale shall become a part of the perpetual school
fund of the State, and the legislature shall hereafter appropriate one-half of the proceeds resulting
from all sales of the public lands to the perpetual public-school fund.
*** SEND ***
*** SSTART 004.0 010.0 0 TX 1866 ***
SEC. 4. The legislature shall provide from time to time for the sale of lands belonging to the
perpetual public-school fund, upon such time and terms as it may deem expedient: Provided,
That in cases of sale the preference shall be given to actual settlers: And provided further, That
the legislature shall have no power to grant relief to purchasers by granting further time for
payment, but shall, in all cages, provide for the forfeiture of the land to the State for the benefit of
a perpetual public-school fund, and that all interest accruing upon such sales shall be a part of the
income belonging to the schoolfund, and subject to appropriation annually for educational
purposes.
*** SEND ***
*** SSTART 005.0 010.0 0 TX 1866 ***
SEC. 5. The legislature shall have no power to appropriate, or loan or invest, except as follows,
any part of the principal sum of the perpetual school-fund for any purpose whatever, and it shall
be the duty of the legislature to appropriate annually the income which may be derived from said
fund for educational purposes, under such system as it may adopt, and it shall, from time to time
cause the principal sum now on hand and arising from sales of land or from any other source, to
be invested in the bonds of the United States of America, or the bonds of the State of Texas, or
such bonds as the State may guarantee
*** SEND ***
*** SSTART 006.0 010.0 0 TX 1866 ***
SEC. 6. All public lands which have been heretofore, or may be hereafter, granted for public
schools to the various counties or other political divisions in this State shall be under the control
of the legislature, and may be sold on such terms and under such regulations as the legislature
shall by law prescribe, and the proceeds of the sale of said lands shall be added to the perpetual
school-fund of the State; but each county shall receive the full benefit of the interest arising from
the proceeds of the sale of the lands granted to them respectively: Provided, That the lands
already patented to the counties shall not be sold without the consent of such county or counties
to which the lands may belong.
*** SEND ***
*** SSTART 007.0 010.0 0 TX 1866 ***
SEC. 7. The legislature may provide for the levying of a tax for educational purposes: Provided,
The taxes levied shall be distributed from year to year, as the same may be collected: And
provided, That all the sums arising from said tax which may be collected from Africans, or
persons of African descent, shall be exclusively appropriated for the maintenance of a system of
public schools for Africans and their children; and it shall be the duty of the legislature to
encourage schools among these people.
*** SEND ***
*** SSTART 008.0 010.0 0 TX 1866 ***
SEC. 8. The moneys and lands heretofore granted to, or which may hereafter be granted for the
endowment and support of one or more universities shall constitute a special fund for the
maintenance of said universities, and until the university or universities are located and
commenced, the principal and the interest arising from the investment of the principal shall be
invested in like manner and under the same restrictions as provided for the investment and
control of the perpetual public-school fund, in sections four and five in this article of the
constitution, and the legislature shall have no power to appropriate the university fund for any
other purpose than that of the maintenance of said universities, and the legislature shall, at an
early day, make such provisions by law as will organize and put into operation the university.
*** SEND ***
*** SSTART 009.0 010.0 0 TX 1866 ***
SEC. 9. The four hundred thousand acres of land that have been surveyed and set apart, under the
provisions of a law approved 30th August, A. D. 1856, for the benefit of a lunatic asylum, a deaf
and dumb asylum, a blind asylum, and an orphan asylum, shall constitute a fund for the support
of such institutions, one-fourth part for each, and the said fund shall never be diverted to any
other purpose. The said lands may be sold and the funds invested under the same rules and
regulations as provided for the lands belonging to the school-fund. The income of said fund only
shall be applied to the support of such institutions, and until so applied shall be invested in the
same manner as the principal.
*** SEND ***
*** SSTART 010.0 010.0 0 TX 1866 ***
SEC. 10. The governor, by and with the advice and consent of two-thirds of the senate, shall
appoint an officer to be styled the superintendent of public instruction. His term of office shall be
four years, and his annual salary shall not be less than two thousand dollars, payable at stated
times; and the governor, comptroller, and superintendent of public education shall constitute a
board to be styled a board of education, and shall have the general management and control of
the perpetual school-fund and common schools, under such regulations as the legislature may
hereafter prescribe.
*** SEND ***
*** SSTART 011.0 010.0 0 TX 1866 ***
SEC. 11. The several counties in this State which have not received their quantum of the lands
for the purposes of education shall be entitled to the same quantity heretofore appropriated by the
congress of the Republic of Texas (and the State) to other counties; and the counties which have
not had the lands to which they are entitled for educational purposes located shall have a right to
contract for the location, surveying, and procuring the patents for said lands, and of paying for
the same with any portion of said lands so patented, not to exceed one-fourth of the whole
amount to be so located, surveyed, and patented, to be divided according to quantity, allowing to
each part a fair proportion of land, water, and timber.
*** SEND ***
*** AEND ***
*** ASTART 011.0 TX 1866 ***
 ARTICLE XI

All certificates for head-right claims to land, issued to fictitious persons, or which were forged,
and all locations and surveys thereon, are, and the same were, mill and void from the beginning.
*** AEND ***
*** ASTART 012.0 TX 1866 ***
ARTICLE XII
LAND-OFFICE

There shall be one general land-office in the State, which shall be at the seat of government,
where all titles which have heretofore emanated, or may hereafter emanate, from government
shall be registered, and the legislature may establish, from time to time, such subordinate officers
as they may deem requisite.

*** AEND ***
*** ASTART 9016.0 TX 1866 ***

Done in convention by the deputies of the people of Texas, at the city of Austin, this second day
of April, in the year of our Lord one thousand eight hundred and sixty-six. In testimony whereof
we have hereupon subscribed our names.
J. W. THROCKMORTON, President.
D. C. DICKSON, President pro tempore.
WM. M. TAYLOR, President pro tempore.
LEIGH CHALMERS, Secretary.

*** AEND ***
*** CEND ***