Doug Campbell worked on Texas

I think this is ready to go
                                        
JW 7/1/06


* Verified by "The Constitution of Texas, Adopted by the Constitutional Convention, Austin,
Texas; Printed at the Daily Republican Office, 1869."
a This constitution was framed by a convention called, under the reconstruction acts of Congress,
by Major-General Hancock, which met at Austin June 1. 1868, and, after two adjournments,
completed its labors in December, 1868. It was submitted to the people November 30 to
December 3, 1869, and ratified by 72,395 votes against 4,924 votes.
This constitution was laid before Congress March 30, 1869, and an act was passed March 30,
1870, readmitting Texas to representation upon certain fundamental conditions.

*** CSTART TX 12/03/1869 02/15/1876 *** 
CONSTITUTION OF TEXAS-1869

*** ASTART 9001.0 TX 1869 ***
We, the people of Texas, acknowledging with gratitude the grace of God in permitting us to
make a choice of our form of government, do hereby ordain and establish this constitution:
*** AEND ****
*** ASTART 001.0 TX 1869 ***
     ARTICLE I
BILL OF RIGHTS
That the heresies of nullification and secession, which brought the country to grief, may be
eliminated from future political discussion; that public order may be restored, private property
and human life protected, and great principles of liberty and equality secured to us and our
posterity, we declare that-
*** SSTART 001.0 001.0 0 TX 1869 ***
SECTION 1. Constitution of the United States, and the laws and treaties made and to be made in
pursuance thereof, are acknowledged to be the supreme law; that this constitution is framed in
harmony with and in subordination thereto; and that the fundamental principles embodied herein
can only be changed subject to the national authority.
*** SEND ***
*** SSTART 002.0 001.0 0 TX 1869 ***
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.
*** SEND ***
*** SSTART 003.0 001.0 0 TX 1869 ***
SEC. 3. No religious test shall be required as a qualification to any office of public trust in this
State.
*** SEND ***
*** SSTART 004.0 001.0 0 TX 1869 ***
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 may be necessary to protect every religious
denomination in the peaceable enjoyment of their own mode of public worship.
*** SEND ***
*** SSTART 005.0 001.0 0 TX 1869 ***
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.
*** SEND ***
*** SSTART 006.0 001.0 0 TX 1869 ***
SEC. 6. In prosecutions for the publication of papers investigating the official conduct of
officers, or of men in a public capacity, or when the matter published is proper for public
information, the truth thereof may be given in evidence; and in all prosecutions 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 1869 ***
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 such place, person, or thing, as near as may be, nor without
probable cause, supported by oath or affirmation.
*** SEND ***
*** SSTART 008.0 001.0 0 TX 1869 ***
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 by 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, of offences against the laws regulating the militia.
*** SEND ***
*** SSTART 009.0 001.0 0 TX 1869 ***
SEC. 9. All prisoners shall be bailable upon 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 the writ of habeas corpus, returnable in the county where the offence is
committed.
*** SEND ***
*** SSTART 010.0 001.0 0 TX 1869 ***
SEC. 10. The privilege of the writ of habeas corpus shall not be suspended, except by act of the
legislature, in case of rebellion or invasion, when the public safety may require it.
*** SEND ***
*** SSTART 011.0 001.0 0 TX 1869 ***
SEC. 11. Excessive bail shall not, be required, nor excessive fines imposed, nor cruel nor
unusual punishment inflicted. All courts shall be open, and every person, for in injury done him
in his lands, goods, person, or reputation, shall have remedy by due course of law.
*** SEND ***
*** SSTART 012.0 001.0 0 TX 1869 ***
SEC. 12. No person, for the same offence, shall be twice put in jeopardy of life; 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.
*** SEND ***
*** SSTART 013.0 001.0 0 TX 1869 ***
SEC. 13. Every person shall have the right to keep and bear arms, in the lawful defence of
himself or the State, under such regulations as the legislature may prescribe. 
*** SEND ***
*** SSTART 014.0 001.0 0 TX 1869 ***
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 just compensation being made, unless by the consent of such person, nor shall
any law be passed depriving a party of any remedy for the enforcement of a contract which
existed when the contract was made.
*** SEND ***
*** SSTART 015.0 001.0 0 TX 1869 ***
SEC. 15. No person shall be imprisoned for debt.
*** SEND ***
*** SSTART 016.0 001.0 0 TX 1869 ***
SEC. 16. No citizen of this State shall be deprived of life, liberty, property, privileges, outlawed,
exiled, or in any manner disfranchised except by due course of the law of the land.
*** SEND ***
*** SSTART 017.0 001.0 0 TX 1869 ***
SEC. 17. The military shall at all times be subordinate to the civil authority.
*** SEND ***
*** SSTART 018.0 001.0 0 TX 1869 ***
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.
*** SEND ***
*** SSTART 019.0 001.0 0 TX 1869 ***
SEC. 19. The people shall have the right, in a peaceable manner, to assemble together for their
common good, and to apply to those invested with powers of government for redress of
grievances, or other purposes, by petition, address, or remonstance.
*** SEND ***
*** SSTART 020.0 001.0 0 TX 1869 ***
SEC. 20. No power of suspending laws in the State, shall be exercised, except by the legislature,
or its authority.
*** SEND ***
*** SSTART 021.0 001.0 0 TX 1869 ***
SEC. 21. The equality of all persons before the law is herein recognized, and shall ever remain
inviolate; nor shall any citizen ever be deprived of any right, privilege, or immunity, nor be
exempted from any burden or duty, on account of race, color, or previous condition.
*** SEND ***
*** SSTART 022.0 001.0 0 TX 1869 ***
SEC. 22. Importations of persons under the name of "coolies," or any other name or designation,
or the adoption of any system of peonage, whereby the helpless and unfortunate may be reduced
to practical bondage shall never be authorized or tolerated by the laws of this State; and neither
slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have
been duly convicted, shall ever exist in this State.
*** SEND ***
*** SSTART 023.0 001.0 0 TX 1869 ***
SEC 23. 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 the following provisions, shall be void.
*** SEND ***
*** AEND ***
*** ASTART 002.0 TX 1869 ***
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 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 1869 ***

ARTICLE III

LEGISLATIVE DEPARTMENT

*** SSTART 001.0 003.0 0 TX 1869 ***
SECTION 1. Every male person who shall have attained the age of twenty-one years, and who
shall be (or who shall have declared his intention to become) a citizen of the United States, or
who is at the time of the acceptance of this constitution by the Congress Of the United States a
citizen of Texas, and shall have resided in this state one year next preceding an election, and the
last six months within the district or county in which he offers to vote, and is duly registered,
(Indians not taxed excepted,) shall be deemed a qualified elector; and should such qualified
electors 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 any election created by this constitution.
*** SEND ***
*** SSTART 002.0 003.0 0 TX 1869 ***
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.
*** SEND ***
*** SSTART 003.0 003.0 0 TX 1869 ***
SEC. 3. The legislative power of the 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 the laws shall be: "Be it enacted by the legislature of the State of
Texas."
*** SEND ***
*** SSTART 004.0 003.0 0 TX 1869 ***
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 general election; and the sessions of
the legislature shall be annual, at such times as shall be prescribed by law.
*** SEND ***
*** SSTART 005.0 003.0 0 TX 1869 ***
SEC. 5. No person shall be a representative unless he be a citizen of the United States, and shall
have been a citizen of this State two years next preceding his election, and the last year thereof a
citizen of the county, city, or town from which he shall be chosen, and shall have attained the age
of twenty-one years at the time of his election.
*** SEND ***
*** SSTART 006.0 003.0 0 TX 1869 ***
SEC. 6. All elections for State, district, and county officers shall be held at the county seats of the
several counties until otherwise provided b law and the polls shall be opened for four days, from
8 o'clock a. m. until 4 o'clock p. m. of each day.
*** SEND ***
*** SSTART 007.0 003.0 0 TX 1869 ***
SEC. 7. The house of representatives shall consist of ninety members, and no more.
*** SEND ***
*** SSTART 008.0 003.0 0 TX 1869 ***
SEC. 8. The senators shall be chosen by the qualified electors hereafter for the term of six years.
Those elected at the first, election shall be divided by lot into three 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, and of the third class at the expiration of
six years; so that one-third thereof shall be chosen biennially thereafter.
*** SEND ***
*** SSTART 009.0 003.0 0 TX 1869 ***
SEC. 9. Such mode of classifying new additional senators shall be observed as will, as nearly as
possible, preserve an equality of number in each class.
*** SEND ***
*** SSTART 010.0 003.0 0 TX 1869 ***
SEC. 10. The senate shall consist of thirty-senators, and no more.
*** SEND ***
*** SSTART 011.0 003.0 0 TX 1869 ***
SEC. 11 A new apportionment for representative and senatorial districts shall be made by the
first legislature in session, after the official publication of the United States census, every ten
years.
*** SEND ***
*** SSTART 012.0 003.0 0 TX 1869 ***
SEC. 12. When a senatorial district shall be composed of two or more counties, it shall not be
separated by any county belonging to another district.
*** SEND ***
*** SSTART 013.0 003.0 0 TX 1869 ***
SEC. 13. No person shall be a senator unless he be a citizen of the United States, and shall have
been a citizen of this State three years next preceding the election, and the last year thereof a
resident of the district for which he shall be chosen, and have attained the age of twenty-five
years.
*** SEND ***
*** SSTART 014.0 003.0 0 TX 1869 ***
SEC. 14. No person shall be eligible to any office, state, county, or municipal, who is not a
registered voter in the State.
*** SEND ***
*** SSTART 015.0 003.0 0 TX 1869 ***
SEC. 15. 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 adjudge of the elections and qualifications of its own members; but contested
elections shall be determined in such manner as shall be directed by 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.
*** SEND ***
*** SSTART 016.0 003.0 0 TX 1869 ***
SEC. 16. 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.
*** SEND ***
*** SSTART 017.0 003.0 0 TX 1869 ***
SEC. 17. 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 upon the journals.
*** SEND ***
*** SSTART 018.0 003.0 0 TX 1869 ***
SEC. 18. Any member of either house shall have liberty to dissent from or protest against any act
or resolution which he may think injurious to the public or an individual, and have the reasons
for dissent entered on the journals.
*** SEND ***
*** SSTART 019.0 003.0 0 TX 1869 ***
SEC. 19. 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.
*** SEND ***
*** SSTART 020.0 003.0 0 TX 1869 ***
SEC. 20. Senators and representatives shall in all cases, except in treason, felony and breach of 
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 five miles such member may reside from the
place at which the legislature is convened.
*** SEND ***
*** SSTART 021.0 003.0 0 TX 1869 ***
SEC. 21. Each house, during the session, may punish, by imprisonment, 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.
*** SEND ***
*** SSTART 022.0 003.0 0 TX 1869 ***
SEC. 22. The doors of each house shall be kept open, except upon a call of either house, and
when there is all executive session of the senate.
*** SEND ***
*** SSTART 023.0 003.0 0 TX 1869 ***
SEC. 23. Neither house shall, without the consent of the other, adjourn for more than three days;
nor to any other place than that in which they may be sitting, without the concurrence of both
houses.
*** SEND ***
*** SSTART 024.0 003.0 0 TX 1869 ***
SEC. 24. 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: Provided, That the final vote on all bills or joint resolutions, appropriating money or
lands for any purpose, shall be by the yeas and nays.
*** SEND ***
*** SSTART 025.0 003.0 0 TX 1869 ***
SEC. 25. The legislature shall not authorize, by private or special law, the sale or conveyance of
any real estate belonging to any person, or vacate or alter any road laid out by legal authority, or
any street in any city or village, or in any recorded town plat, but shall provide for the same by
general laws.
*** SEND ***
*** SSTART 026.0 003.0 0 TX 1869 ***
SEC. 26. 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 027.0 003.0 0 TX 1869 ***
SEC. 27. The legislature shall not authorize any lottery, and shall prohibit the sale of
lottery-tickets.
*** SEND ***
*** SSTART 028.0 003.0 0 TX 1869 ***
SEC. 28. 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 of compensation
shall take effect during the session at which such increase shall be made.
*** SEND ***
*** SSTART 029.0 003.0 0 TX 1869 ***
SEC. 29. No senator or representative shall, while a member of the legislature, be eligible to 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, except it be in such cases as are herein provided. The
president, for the time being, of the senate, and speaker of the house of representatives shall be
elected from their respective bodies.
*** SEND ***
*** SSTART 030.0 003.0 0 TX 1869 ***
SEC. 30. 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 militia to which there is attached no annual salary, the office of
postmaster, 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.
*** SEND ***
*** SSTART 031.0 003.0 0 TX 1869 ***
SEC. 31. 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 collection, and for all public moneys with which he may have been intrusted.
*** SEND ***
*** SSTART 032.0 003.0 0 TX 1869 ***
SEC. 32. It shall be the duty of the legislature immediately to expel from the body any member
who shall receive or offer a bribe, or suffer his vote influenced by promise of preferment or
reward; and every person so offending and so expelled shall thereafter be disabled from holding
any office of honor, trust, or profit in this State.
*** SEND ***
*** SSTART 033.0 003.0 0 TX 1869 ***
SEC. 33. Elections for senators and representatives shall be general throughout the State and
shall be regulated by law.
*** SEND ***
*** SSTART 034.0 003.0 0 TX 1869 ***
SEC. 34. 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 never be less than
nineteen nor more than thirty.
*** SEND ***
*** SSTART 035.0 003.0 0 TX 1869 ***
SEC. 35. The members of the legislature shall at their first session hereafter, receive from the
treasury of the State as their compensation eight dollars for each day they shall be in attendance,
and eight dollars for each twenty-five miles in traveling to and from the seat of government. The
above rates of compensation shall remain till changed by law.
*** SEND ***
*** SSTART 036.0 003.0 0 TX 1869 ***
SEC. 36. 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 future elections of Representatives
to the Congress of the United States; and on the second Tuesday after the first assembling of the
legislature after the ratification of this constitution, the legislature shall proceed to ratify the
thirteenth and fourteenth articles of amendment to the Constitution of the United States of
America.
*** SEND ***
*** SSTART 037.0 003.0 0 TX 1869 ***
SEC. 37. In order to settle permanently the seat of government, an election shall beholden
throughout the State at the usual places of holding elections, at the first general election after the
acceptance of this constitution by the Congress of the United States, which shall be conducted
according to law, at which time the people shall vote for such place as they may see proper for
the seat of government; the returns of said election to be transmitted to the governor with other
returns of that election.
If either place voted for shall have a majority of the whole number of votes cast, then the same
shall be the permanent seat of government. But in case neither place voted for shall have the
majority of the whole number of votes given in, the governor shall issue his proclamation for an
election to beholden in the same manner, at the next following general election, between the two
places having the highest number of votes at the first election. This election shall be conducted in
the same manner as at the first and the returns made to the governor, and the place having the
highest number of votes shall be the permanent seat of government.
*** SEND ***
*** SSTART 038.0 003.0 0 TX 1869 ***
SEC. 38. The first legislature shall pass such laws as will authorize the clerks of the district court
and the justices of the peace of the several counties to issue executions, after the adjournment of
each term of their respective courts, against the plaintiff or defendant, for all costs created by
them in any suit or suits therein.
*** SEND ***
*** SSTART 039.0 003.0 0 TX 1869 ***
SEC. 39. Until otherwise provided by law, the senatorial and representative districts shall be
composed of the following counties:
First district.-Counties of Chambers, Jefferson, Orange, Liberty, Hardin, Newton, Jasper, Tyler
and Polk.
Second district.-Counties of Trinity, Angelina, San Augustine, Sabine, Nacogdoches, and Shelby.
Third district.-Counties of Houston and Cherokee.
Fourth district.-Counties of Anderson, Henderson, and Van Zandt.
Fifth district -Counties of Rusk and Panola.
Sixth district. -Counties of Smith and Upshur. 
Seventh district.-County of Harrison. 
Eighth district.-Counties of Marion, Davis, and Bowie. 
Ninth district.-Counties of Titus and Red River. 
Tenth district.-Counties of Wood, Hopkins, and Hunt. 
Eleventh district-Counties of Lamar and Fannin. 
Twelfth district.-Counties of Galveston, Brazoria, and Katagorda.
Thirteenth district-Counties of Wharton, Fort Bend, and Austin.
Fourteenth district.-Counties of Harris and Montgomory.
Fifteenth district.-Counties of Walker, Grimes, and Madison.
Sixteenth district-County of Washington.
Seventeenth district.- Counties of Burleson, Brazos, and Milam.
Eighteenth district.-Counties of Robertson, Leon, and Freestone. 
Nineteenth district-Counties of McLennan, Limestone, and Falls. 
Twentieth district.-Counties of Hill, Navarro, Ellis, and Kaufthan.
Twenty-first district.-Counties of Dallas, Collin, and Tarrant.
Twenty-second district-Counties of Grayson, Cook, Denton, Wise, Montague, Jack, Clay,
Young, Wichita, Throckmorton, Baylor, Wilbarger, Haskell, Knox, and Hardeman.
Twenty- third district.-Counties of Bosque, Johnson, Hood, Parker, Erath, Palo Pinto, Eastland,
Stephens, Callahan, Jones, Shackelford, and Taylor.
Twenty-fourth district.-Counties of Calhoun, Jackson, Victoria, Refugio, San Patricio, Bee,
Goliad, and DeWitt.
Twenty-fifth district.-Counties of Lavaca and Colorado.
Twenty-sixth district.-Counties of Fayette and Bastrop.
Twenty-seventh district.-Counties of Gonzales, Guadaloupe, and Caldwell.
Twenty-eighth district.-Counties of Rays, Travis, Williamson, Bell, Coryell, Lampasas, San
Saba, Hamilton, Comanche, Brown, Coleman, Concho, and McCulloch.
Twenty-ninth district. -Bexar, Wilson, Comal, Kendall, Blanco, Burnett, Llano, Mason,
Gillespie, Kerr, Bandera, Edwards, Kimball, and Menard.
Thirtieth district.-Cameron, Hidalgo, Starr, Nucces, Duval, Zapata, Live Oak, McMullen,
Encinal, La Salle, Webb, Dimmit, Maverick, Zavalla, Frio, Atascosa, Karnes, Kinney, Uvalde,
Presidio, and El Paso.
*** SEND ***
*** SSTART 040.0 003.0 0 TX 1869 ***
SEC. 40. The senators and representatives shall be apportioned among the several senatorial and
representative districts as follows, to wit:
First district, one senator and three representatives.
Second district, one senator and three representatives.
Third district, one senator and three representatives.
Fourth district, one senator and three representatives.
Fifth district, one senator and three representatives..
Sixth district, one senator and three representatives.
Seventh district, one senator and two representatives.
Eighth district, one senator and three representatives.
Ninth district, one senator and three representatives.
Tenth district, one senator and three representatives.
Eleventh district, one senator and three representatives.
Twelfth district, one senator and three representatives.
Thirteenth district, one senator and three representatives. 
Fourteenth district, one senator and three representatives. 
Fifteenth district, one senator and three representatives. 
Sixteenth district, one senator and two representatives. 
Seventeenth district, one senator and three representatives. 
Eighteenth district, one senator and three representatives. 
Nineteenth district, one senator and three representatives. 
Twentieth district, one senator and three representatives. 
Twenty-first district, one senator and three representatives. 
Twenty-second district, one senator and three representatives. 
Twenty-third district, one senator and three representatives. 
Twenty-fourth district, one senator and three representatives. 
Twenty-fifth district, one senator and three representatives. 
Twenty-sixth district, one senator and three representatives. 
Twenty-seventh district, one senator and three representatives. 
Twenty-eighth district, one senator and four representatives. 
Twenty-ninth district, one senator and four representatives. 
Thirtieth district, one senator and three representatives. 
*** SEND ***
*** SSTART 041.0 003.0 0 TX 1869 ***
SEC. 41. In the several senatorial and representative districts, composed of more counties than
one, the chief justice of the following-named counties shall receive the returns and give
certificates of election to the persons respectively receiving the highest number of votes, to wit: 
First district, chief justice of Liberty County. 
Second district, chief justice of Nacogdoches County. 
Third district, chief justice of Cherokee County. 
Fourth district, chief justice of Anderson County. 
Fifth district, chief justice of Rusk County. 
Sixth district, chief justice of Smith County. 
Seventh district, chief justice of Harrison County. 
Eighth district, chief justice of Marion County. 
Ninth district, chief justice of Red River County. 
Tenth district, chief justice of Hopkins County. 
Eleventh district, chief justice of Lamar County. 
Twelfth district, chief justice of Galveston County. 
Thirteenth district, chief justice of Fort Bend County. 
Fourteenth district, chief justice of Harris County. 
Fifteenth district, chief justice of Grimes County. 
Sixteenth district, chief Justice of Washington County. 
Seventeenth district, chief justice of Burleson County.
Eighteenth district, chief justice of Robertson County. 
Nineteenth district, chief justice of McLennan County. 
Twentieth district, chief justice of Navarro County. 
Twenty-first district, chief justice of Dallas County.
Twenty-second district, chief justice of Grayson County. 
Twenty-third district chief justice of Bosque County.
Twenty-fourth district, chief justice of Victoria County. 
Twenty-fifth district, chief justice of Colorado County. 
Twenty-sixth district, chief justice of Fayette County. 
Twenty-seventh district, chief justice of Gonzales County. 
Twenty-eighth district chief justice of Travis County. 
Twenty-ninth district, chief justice of Bexar County. 
Thirtieth district, chief justice of Nueces County.
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*** AEND ***
*** ASTART 004.0 TX 1869 ***
ARTICLE IV

EXECUTIVE DEPARTMENT

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SECTION 1. The executive department of the State shall consist of a chief magistrate, who shall
be styled the governor, a lieutenant governor, secretary of state, comptroller of public accounts,
treasurer, commissioner of the general land-office, attorney-general, and superintendent of public
instruction.
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*** SSTART 002.0 004.0 0 TX 1869 ***
SEC. 2. The governor shall be elected by the qualified voters of the State, at the time and places
at which they shall vote for representatives to the legislature.
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*** SSTART 003.0 004.0 0 TX 1869 ***
SEC. 3. The returns for every election of governor shall be made out, sealed up, and transmitted
by the returning officers to the seat of government, 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 forthwith chosen governor, by a joint vote of both
houses of the legislature. Whenever there shall be a contested election for the office of governor,
or of any of the executive officers to be elected by the qualified voters of the state, it shall be
determined by the joint action of both houses of the legislature.
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SEC. 4. The governor shall hold his office for the term of four years from the time of his
instalment, and until his successor shall be duly qualified. He shall be at least thirty years of age,
a citizen of the United States, and shall have been a resident and citizen of the State of Texas for
three years immediately preceding his election. He shall be inaugurated on the first Thursday
after the organization of the legislature, or as soon thereafter as practicable.
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SEC. 5. The governor shall, at stated times, receive a compensation for his services, which shall
not be increased nor diminished during the term for which he may have been elected. His annual
salary shall be five thousand dollars, until otherwise provided by law, exclusive of the use and
occupation of the governor's mansion, fixtures and furniture.
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SEC. 6. He shall be commander-in-chief of the militia of the State except when they are called
into the actual service of the United States.
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*** SSTART 007.0 004.0 0 TX 1869 ***
SEC. 7. He may, at all times, require information in writing from all the officers of the executive
department, on any subject relating to the duties of their offices. If a vacancy occurs in any of the
executive offices, by death, resignation, or removal, or from any other cause, during the recess of
the legislature, the governor shall have power, by appointment, to fill such vacancy; which
appointment shall continue in force till the succeeding session of the legislature, when he shall
communicate such appointment to the senate for confirmation or rejection. If it be confirmed by
the senate, the tenure of office shall continue until the regular return of the periodic election of
said office.
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*** SSTART 008.0 004.0 0 TX 1869 ***
SEC. 8. He  shall have power, by proclamation, on extraordinary occasions, to convene the
legislature at the seat of government; but if the prevalence of dangerous disease, or the presence
of the public
enemy there, shall render it necessary, then at any other place within the State he may deem
expedient.
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*** SSTART 009.0 004.0 0 TX 1869 ***
SEC. 9. He shall, from time to time, give to the legislature information, in writing, of the
condition of the State, and recommend to their consideration such measures as he may deem
expedient.
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SEC. 10. He shall take care that the laws be faithfully executed.
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SEC. 11. In all criminal cases, except 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. With the advice and consent of the senate, he
may grant pardons in cases of treason; and to this end he may respite a sentence therefor until the
close of the succeeding session of the legislature: Provided, That in all cases of remission of fines
or forfeitures, or grants of reprieve or pardon, the governor shall file, in the office of the secretary
of state, his reasons therefor.
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*** SSTART 012.0 004.0 0 TX 1869 ***
SEC. 12. Nominations to fill vacancies occurring in the recess of the legislature shall be made by
the governor during the first ten days of its session; and should any such nomination be rejected,
the same person shall not again be nominated, during the session, to fill the same office.
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*** SSTART 013.0 004.0 0 TX 1869 ***
SEC. 13. During the sessions of the legislature, the governor shall reside where its sessions are
held; and at all other times at the capital, except when, in the opinion of the legislature, the public
good may otherwise require.
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*** SSTART 014.0 004.0 0 TX 1869 ***
SEC. 14. No person holding the office of governor shall hold any other office or commission,
civil or military.
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*** SSTART 015.0 004.0 0 TX 1869 ***
SEC. 15. At the time of the election of a governor, there shall also be elected by the qualified
voters of the State a lieutenant-governor possessing the same qualifications as the governor, and
who shall continue in office for the same period of time. He shall, by virtue of his office, be
president of the senate; and shall have, when in committee of the whole, the right to debate and
vote on all questions; and when the senate is equally divided, to give the casting vote. In case of
the 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,
returned, or his disability be removed.
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*** SSTART 016.0 004.0 0 TX 1869 ***
SEC. 16. Whenever the lieutenant-governor shall become the acting governor, or shall be unable
to preside over the senate, that body shall elect from its own members a president for the time
being. If, during the vacancy in the office of the governor the lieutenant-governor shall die,
resign, refuse to serve, be removed from office, or be unable to serve, or if he be impeached, or
absent from the State, the president of the senate for the time being shall, in a like manner,
administer the government until he shall be superseded by a governor or lieutenant-governor. The
compensation of the lieutenant governor shall be twice the per diem or pay of a senator, and no
more; and while acting governor, the same compensation as a governor would receive for a like
period of service in his office, and no more. The president of the senate, for the time being, if
called upon to administer the government in any of the contingencies enumerated, shall be
entitled to the portion of the salary of the governor due for the time of such service. If the
lieutenant-governor, while acting governor by succession, shall 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 of the senate for the time being.
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*** SSTART 017.0 004.0 0 TX 1869 ***
SEC 17. There shall be a secretary of state appointed by the governor, by and with the advice and
consent of the senate, who 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, with 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.
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*** SSTART 018.0 004.0 0 TX 1869 ***
SEC. 18. There shall be a seal of the State, which shall be kept by the governor and used by him
officially. The 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 019.0 004.0 0 TX 1869 ***
SEC. 19. 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 020.0 004.0 0 TX 1869 ***
SEC. 20. There shall be a comptroller of public accounts, elected by the qualified voters of the
State, at the same time and in the same manner as the governor is elected, and having the same
qualifications, who shall hold his office for the term of four years. He shall superintend the fiscal
affairs of the State; give instructions to the assessors and collectors of the taxes; settle with them
for taxes; take charge of all escheated property; keep an accurate account of all moneys raid into
the treasury, and of all lands escheated to the State; publish annually a list of delinquent assessors
and collectors, and demand of them an annual list of all tax-payers in their respective counties, to
be filed in his office; keep all the accounts of the State; audit all the claims against the State;
draw warrants upon the treasury in favor of the public creditors; and perform such other duties as
may be prescribed by law.
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*** SSTART 021.0 004.0 0 TX 1869 ***
SEC. 21. There shall be a treasurer of the State elected at the same time of the election of
governor, having the same qualifications as the governor and comptroller of public accounts,
who shall hold his office for the same period of time. He shall receive and take charge of all
public money paid into the treasury; countersign all warrants drawn by the comptroller of public
accounts; pay off the public creditors upon the warrant of the comptroller of public accounts; and
perform all such other duties as may be prescribed by law.
*** SEND ***
*** SSTART 022.0 004.0 0 TX 1869 ***
SEC. 22. A commissioner of the general land-office shall be elected by the qualified voters of the
State at the same time and in the same manner as the governor, comptroller of public accounts
and treasurer may be elected, who shall hold his office for a like period of time and shall possess
the same qualifications. He shall be the custodian of the archives of the land-titles of the State,
the register of all land titles hereafter granted, and shall perform such other duties as may be
required by law.
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*** SSTART 023.0 004.0 0 TX 1869 ***
SEC. 23. There shall be in attorney-general of the state, having the same qualifications as the
governor, lieutenant-governor, comptroller of public accounts, aud treasurer, who shall be
appointed by the governor with the advice and consent of the senate. He shall hold his office for
the term of four years, he shall reside at the capital of the State during his term of office. He Shall
represent the interests of the State in all suits or pleas in the supreme court, in which the State
may be a party; superintend, instruct, aud direct the official action of the district attorneys so as to
secure all fines and forfeitures, all escheated estates, and all public moneys to be collected by
suit; and he shall, when necessary, give legal advice in writing, to all officers of the government,
and perform such other duties as may be required by law.
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*** SSTART 024.0 004.0 0 TX 1869 ***
SEC. 24. The secretary of state, comptroller of public accounts, treasurer, commissioner of the
general land-office, and attorney-general shall each receive for his services the annual salary of
three thousand dollars, and which shall neither be increased nor diminished during his
continuance in office.
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*** SSTART 025.0 004.0 0 TX 1869 ***
SEC. 25. 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 that house in which it originated; which house shall enter the
objections at large it on the journals of the house, 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 objections, 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 case, both
houses shall determine the question by yeas and nays, with the names of the members
respectively entered upon the journals of each house. If a bill shall not be returned by the
governor within five days (Sundays excepted) after it shall have been presented to him, it shall
become a law in like manner as if he had signed it. Every bill presented to the governor one day
before the final adjournment of the two houses, and not signed by him, shall become a law, and
shall have the same force and effect as if signed by him. The governor may approve any
appropriation and disapprove any other appropriation in the same bill, by signing the bill, and
designating the appropriation disapproved, and sending a copy of such appropriation. with his
objections, to the house in where it originated; and the same proceedings shall be had, on that
part disapproved, as on other disapproved by him; but if the legislature shall have adjourned
before it is returned, he shall return it, with his objections, to the secretary of state, to be
submitted to both houses at the succeeding session of the legislature.
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*** SSTART 026.0 004.0 0 TX 1869 ***
SEC. 26. Every order, resolution, or vote in which the concurrence of both houses shall be
required, except the question of adjournment, shall be presented to the governor, and must be
approved by him before it can take effect; or, being disapproved, shall be repassed in the manner
prescribed in the case of a bill.
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*** AEND ***
*** ASTART 005.0 TX 1869 ***
ARTICLE V
               
JUDICIAL DEPARTMENT

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SECTION 1. The judicial power of this State shall be vested in one supreme court, in district
courts, and in such inferior courts and magistrates as may be created by this constitution, or by
the legislature under its authority.
The legislature may establish criminal courts in the principal cities within the 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 thereof may
preside over the courts of one or more cities, as the legislature may direct.
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*** SSTART 002.0 005.0 0 TX 1869 ***
SEC. 2. The supreme court shall consist of three judges, any two of whom shall constitute a
quorum. They shall be appointed by the governor, by and with the advice and consent of the
senate, for a term of nine years. But the judges first appointed under this constitution shall be so
classified by lot that the term of one of them shall expire at the end of every three years. The
judge whose term shall soonest expire shall be the presiding judge. All vacancies shall be filled
for the unexpired term. If a vacancy shall occur, or a term shall expire, when the senate is not in
session, the governor shall fill the same by appointment, which shall be sent to the senate within
ten days after that body shall assemble, and if not confirmed the office shall immediately become
vacant.
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*** SSTART 003.0 005.0 0 TX 1869 ***
SEC. 3. The supreme court shall have appellate jurisdiction only, which, in civil cases, shall be
coextensive with the limits of the State. In criminal cases no appeal shall be allowed to the
supreme court unless some judge thereof shall, upon inspecting a transcript of the record,
believing that some error of law has been committed by the judge before whom the cause was
tried: Provided, That said transcript of the record shall be presented within sixty days from the
date of the trial, under such rules and regulations as shall be prescribed by the legislature.
Appeals from interlocutory judgments may be allowed, with such exceptions and under such
regulations as the legislature may prescribe. 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, 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 to ascertain such matters of fact as
may be necessary to the proper exercise of its jurisdiction.
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SEC. 4. The supreme court shall hold its sessions annually at the capital of the State.
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*** SSTART 005.0 005.0 0 TX 1869 ***
SEC. 5. The supreme court shall appoint its own clerk, who shall hold his office for four years,
unless sooner removed by the court for good cause, entered of record on the minutes of the court.
The said clerk shall give bond in such manner as is now or may be hereafter required by law.
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SEC. 6. The State shall be divided into convenient judicial districts, for each of which one judge
shall be appointed by the governor, by and with the advice and consent of the senate, for a term
of eight years, who shall after his appointment reside within the district, and shall hold a court
three times a year in each county thereof, at such time and place is may be prescribed by law:
Provided, That at the first general election after the 4th of July, 1876, the question shall be put to
the people whether the mode of election of judges of the supreme and district courts shall not be
returned to.
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*** SSTART 007.0 005.0 0 TX 1869 ***
SEC. 7. The district court shall have original jurisdiction of all criminal cases; of all causes in
behalf of the State to recover penalties, forfeiture, and escheats; and of all suits and cases in
which the State may be interested; 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; and of all suits, complaints, and 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 the writ of habeas corpus and all other writs necessary to enforce their own
jurisdiction and to give them a general superintendence and control over inferior tribunals. The
district court shall also have appellate jurisdiction in cases originating in inferior courts, with
such exceptions and under such regulations as the legislature may prescribe. And the district
court shall also have original and exclusive jurisdiction for the probate of wills; for the
appointing of guardians  for the granting of letters testamentary and administrating; for settling
the accounts of executors, administrators, and guardians; and for the transaction of all business
appertaining to the estates of deceased sons, minors, idiots, lunatics, and persons of unsound
mind; and for the settlement, partition, and distribution of such estates, under such rules and
regulations as may be prescribed by law.
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*** SSTART 008.0 005.0 0 TX 1869 ***
SEC. 8. In the trial of all criminal cases the jury trying the same shall find and assess the amount
of punishment to be inflicted, or fine to be imposed, except in cases where the punishment or fine
shall be specifically imposed by law: Provided, That in all cases where by law it may be provided
that capital punishment may be inflicted, the jury shall have the right, in their discretion, to
substitute imprisonment at hard labor for life.
*** SEND ***
*** SSTART 009.0 005.0 0 TX 1869 ***
SEC. 9. A clerk of the district court for each county shall be elected by the qualified electors in
each county, who shall hold his office for four years, subject to removal by the judge of said
court for cause spread upon the minutes of the court. The said clerk shall exercise such powers
and perform such duties appertaining to the estates of deceased persons, lunatics, idiots, minors,
and persons of unsound mind, in vacation, as may be prescribed by law: Provided, That all
contested issues of law or fact shall be determined by the district court; and the clerk of the
district court shall be recorder for the county of all deeds, bonds, and other instruments required
by law to be recorded; and also ex-officio clerk of the police or county court; and by virtue of his
office shall have control of the records, papers, and books of the district and county or police
court, and shall generally perform the duties heretofore required of county and district clerks.
*** SEND ***
*** SSTART 010.0 005.0 0 TX 1869 ***
SEC. 10. The judges of the supreme and district courts shall be removed by the governor on the
address of two-thirds of the members elected to each house of the legislature, for incompetency,
neglect of duty, or other reasonable causes, which are not 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 011.0 005.0 0 TX 1869 ***
SEC. 11. 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 a quorum thereof, shall be thus disqualified to hear and determine 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
case, and upon their failing to do so, the case shall be transferred for trial to the county in the
adjoining district whose county-seat is nearest to that of the county where the case is pending.
District judges may exchange district courts for each other when they may deem it expedient, and
shall do so when directed by law; and when the district judge is disqualified to try any case or
cases within his district, the governor of the State, on such facts being certified to him, may
appoint some person, learned in the law, to try such case or cases, who shall receive such
compensation as may be given by law. The disqualification of judges of inferior
tribunals shall be remedied as prescribed by law. 
*** SEND ***
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SEC. 12. There shall be a district attorney elected by the qualified voters of each judicial district,
who shall hold his office for four years; and the duties, salaries, and perquisites of district
attorney shall be prescribed by law.
*** SEND ***
*** SSTART 013.0 005.0 0 TX 1869 ***
SEC. 13. The judges of the supreme court shall receive a salary of not less than four thousand
five hundred dollars annually, and the judges of the district court a salary not less than three
thousand five hundred dollars annually. And the salaries of the judges shall not be diminished
during their continuance in office.
*** SEND ***
*** SSTART 014.0 005.0 0 TX 1869 ***
SEC. 14. When a vacancy shall occur in the office of judge of the district court, at a time when
the senate is not in session, the governor shall fill the same by appointment, which shall be sent
to the senate within ten days after that body shall assemble; and if not confirmed, the office shall
immediately become vacant.
*** SEND ***
*** SSTART 015.0 005.0 0 TX 1869 ***
SEC. 15. The 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 016.0 005.0 0 TX 1869 ***
SEC. 16. In all cases of law or equity, when the matter in controversy shall be valued at or
exceed ten dollars, the right of trial by jury shall be preserved, unless the same shall be waived by
the parties or their attorneys, except in cases where a defendant may fail to appear and answer
within the time prescribed by law, and the cause of action is liquidated and proved by an
instrument in writing.
*** SEND ***
*** SSTART 017.0 005.0 0 TX 1869 ***
SEC. 17. Every criminal offence that may by law be punished by death, or in discretion of the
jury by imprisonment to hard labor for life, and every offence that may by law be punished by
imprisonment in the State penitentiary, shall be deemed a felony, and shall only be tried upon an
indictment found by a grand jury. But all offences of a less grade than a felony may be
prosecuted upon complaint, under oath, by any peace officer or citizen, before any justice of the
peace or other inferior tribunal that may be established by law; and the party so prosecuted shall
have the right of trial by a jury, to be summoned in such manner as may be prescribed by law.
*** SEND ***
*** SSTART 018.0 005.0 0 TX 1869 ***
SEC. 18. One sheriff for each county shall be elected by the qualified voters thereof, who shall
hold his office for four years, subject to removal by the judge of the district court for said county,
for cause spread upon the minutes of the court. Process against the sheriff, and all such writs as,
by reason of interest in the suit, or connection with the parties, or for other cause, the sheriff is
incompetent to execute, shall issue to and be executed by any constable in the county.
*** SEND ***
*** SSTART 019.0 005.0 0 TX 1869 ***
SEC. 19. There shall be elected in each county, by the qualified voters thereof, as may be
directed by law, five justices of the peace, one of whom shall reside after his election at the
county-seat; and not more than one of said justices shall be a resident of the same justice's
precinct. They shall hold their offices for four years; and should a vacancy occur in either of said
offices, an election shall be held for the unexpired term.
*** SEND ***
*** SSTART 020.0 005.0 0 TX 1869 ***
SEC. 20. Justices of the peace shall have such civil and criminal jurisdiction as shall be provided
by law. And the justices of the peace in each county, or any three of them, shall constitute a
court, having such. jurisdiction, similar to that heretofore exercised by county commissioners and
police courts, as may be prescribed by law. And, when sitting as such court, the justice who
resides at the county-seat shall be the presiding justice. The times and manner of holding said
courts shall be prescribed by law. Justices of the peace shall also be commissioned to act as
notaries public. Justices of the peace shall also discharge all the duties of coroner, except such as
by section 21 of this article are devolved upon constables.
*** SEND ***
*** SSTART 021.0 005.0 0 TX 1869 ***
SEC. 21. Each county shall be divided into five justices' precincts. And the justices of the peace
in each county, sitting as a county court, shall appoint one constable for each justice's precinct,
who shall hold his office for four years, subject to removal by said court for cause spread upon
the minutes of the court. And said constables, or either of them, in addition to the ordinary duties
of their office, shall discharge the duties of sheriff in all such cases as heretofore devolved those
duties upon the coroner.
*** SEND ***
*** SSTART 022.0 005.0 0 TX 1869 ***
SEC. 22. Sheriffs and justices of the peace shall be commissioned by the governor.
*** SEND ***
*** SSTART 023.0 005.0 0 TX 1869 ***
SEC. 23. Sheriffs district clerks and justices of the peace, when acting as such, and when acting
as a county court shall receive such fees or other compensation as may be provided for by law.
*** SEND ***
*** SSTART 024.0 005.0 0 TX 1869 ***
SEC. 24. All county and district officers, whose removals are not otherwise provided for, may be
removed, on conviction by a jury, after indictment, for malfeasance, non-feasance, or
misfeasance in office.  
*** SEND ***
*** SSTART 025.0 005.0 0 TX 1869 ***
SEC. 25. In all cases arising out of a contract, before any inferior tribunal, when the amount in
controversy shall exceed ten dollars, the plaintiff or defendant shall, upon application to the
presiding officer, have the right of trial by jury.
*** SEND ***
*** SSTART 026.0 005.0 0 TX 1869 ***
SEC. 26. In the trial of all causes in the district court, 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 by law.
*** SEND ***
*** AEND ***
*** ASTART 006.0 TX 1869 ***
ARTICLE VI

RIGHT OF SUFFRAGE

   Every male citizen of the United States of the age of twenty-one years and upwards, not
laboring under the disabilities named in this constitution, without distinction of race, color, or
former condition, who shall be a resident of this State at the time of the adoption of this
constitution, or who shall thereafter reside in this State one year, and in the county in which he
offers to vote sixty days next preceding any election, shall be entitled to vote for all officers that
are now or hereafter may be elected by the people, and upon all questions submitted to the
electors at an election: Provided, That no person shall be allowed to vote or hold office who is
now, or hereafter may be, disqualified therefor by the Constitution of the United States, until
such disqualification shall be removed by the Congress of the United States: Provided further,
That no person while kept in any asylum, or confined in prison, or who has been convicted of a
felony, or who is of unsound mind, shall be allowed to vote or hold office.
*** AEND ***
*** ASTART 007.0 TX 1869 ***
ARTICLE VII

MILITIA

The governor shall have power to call forth the militia to execute the laws of the State, to
suppress insurrection, and to repel invasions.
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ARTICLE VIII

IMPEACHMENT

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SECTION 1. The power of impeachment shall be vested in the house of representatives.
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SEC. 2. Impeachment of the governor, attorney-general, secretary of state, treasurer, comptroller,
and of the judges of the district courts shall be tried by the senate.
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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.
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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.
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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 a provisional appointment to fill the vacancy occasioned by the
suspension of an officer, until the decision on the impeachment.
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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.
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ARTICLE IX

PUBLIC SCHOOLS
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SECTION 1. It shall be the duty of the legislature of this State to make suitable provisions for the
support and maintenance of a system of public free schools, for the gratuitous instruction of all
the inhabitants of this State between the ages of six and eighteen years.
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SEC. 2. There shall be a superintendent of public instruction, who, after the first term of office,
shall be elected by the people; the first term of office shall be filled by appointment of the
governor, by and with the advice and consent of the senate. The superintendent shall hold his
office for the term of four years. He shall receive all annual salary of two thousand five hundred
dollars, until otherwise provided by law. In case of vacancy in the office of the superintendent, it
shall be filled by appointment of the governor, until the next general election.
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SEC. 3. The superintendent shall have the supervision of the public free schools of the State, and
shall perform such other duties concerning public instruction as the legislature may direct. The
legislature may lay off the State into convenient school districts, and provide for the formation of
a board of school directors in each district. It may give the district boards such legislative powers,
in regard to the schools, school-houses, and school-fund of the district, as may be deemed
necessary and proper. It shall be the duty of the superintendent of public instruction to
recommend to the legislature such provisions of law as may be found necessary, in the progress
of time, to the establishment and perfection of a complete system of education, adapted to the
circumstances and wants of the people of this State. He shall, at each session of the legislature,
furnish that body with a complete report of all the free schools in the State, giving an account of
the condition of the same, and the progress of education within the State. Whenever required by
either house of the legislature, it shall be his duty to furnish all information called for in relation
to public schools.
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SEC. 4. The legislature shall establish a uniform system of public free schools throughout the
State.
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SEC. 5. The legislature, at its first session, (or as soon thereafter as may be possible,) shall pass
such laws as will require the attendance on the public free schools of the State of all the
scholastic population thereof, for the period of at least four months of each and every year:
Provided, That when any of the scholastic inhabitants may be shown to have received regular
instruction, for said period of time in each an every year, from any private teacher having a
proper certificate of competency, this shall exempt them from the operation of the laws
contemplated by this section.
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SEC. 6. As a basis for the establishment and endowment of said public free schools, 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 all sums of money that may come to this state hereafter from the sale of
any portion of the public domain of the State of Texas shall also constitute a part of the
public-school fund. And the legislature shall appropriate all the proceeds resulting from sales of
public lands of this State to such public-school fund. The legislature shall set apart, for the
benefit of public schools, one-fourth of the annual revenue derivable from general taxation; and
shall also cause to be levied and collected an annual poll-tax of one dollar, on all male persons in
this State between the ages of twenty-one and sixty years, for the benefit of public schools. And
said fund, and the income derived therefrom, and the taxes herein provided for school purposes,
shall be a perpetual fund, to be applied, as needed, exclusively for the education of all the
scholastic inhabitants of this State; and no law shall ever be made appropriating such fund for
any other use or purpose whatever.
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SEC. 7. The legislature shall, if necessary, in addition to the income derived from the
public-school fund, and from the taxes for school purposes provided for in the foregoing section,
provide for the raising of such amount by taxation, in the several school districts in the State, as
will be necessary to provide the necessary school-houses in each district, and insure the education
of all the scholastic inhabitants of the several districts.
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SEC. 8. The public lands heretofore given to counties shall be under the control of the
legislature, and may be sold under such regulations as the legislature may prescribe; and in such
case the proceeds of the same shall be added to the public-school fund.
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SEC. 9. The legislature shall, at its first session, (and from time to time thereafter, as may be
found necessary,) provide all needful rules and regulations for the purpose of carrying into effect
the provisions of this article. It is made the imperative duty of the legislature to see to it that all
the children in the State, within the scholastic age, are, without delay, provided with ample
means of education. The legislature shall annually appropriate for school purposes, and to be
equally distributed among all the scholastic population of the State, the interest accruing on the
school-fund, and the income derived from taxation for school purposes; and shall, from time to
time, as may be necessary, invest the principal of the school-fund in the bonds of the United
States Government, and in no other security.
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ARTICLE X

LAND-OFFICE
               
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SECTION 1. 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.
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SEC. 2. That the residue of the public lands may be ascertained, it is declared that all surveys of
land heretofore made, and not returned to the general land-office,. in accordance with the
provisions of an act entitled "An act concerning surveys of land" approved 10th February, 1852,
are hereby declared null and void.
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SEC. 3. All certificates for land located after the 30th day of October, 1856, upon lands which
were titled before such location of certificate, are hereby declared null and void: Provided, That
in cases where the location, for the want of correct maps, or proper connection of surveys, is
found to be in conflict with older surveys, whether titled or not, such certificates may be lifted
and relocated.
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SEC. 4. All unsatisfied genuine land certificates now in existence shall be surveyed and returned
to the general land-office by the first day of January, 1875, or be forever barred.
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SEC. 5. All public lands heretofore reserved for the benefit of railroads or railway companies
shall hereafter be subject to location and survey by any genuine land certificates.
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SEC. 6. The legislature shall not hereafter grant lands to any person or persons, nor shall any
certificates for land be sold at the land-office, except to actual settlers upon the same, and in lots
not exceeding one hundred and sixty acres.
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SEC. 7. All lands granted to railway companies. which have not been alienated by said
companies, in conformity with the terms of their charters, respectively, and the laws of the State
under which the grants were made, are hereby declared forfeited to the State for the benefit of the
school-fund.
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SEC. 8. To every head of a family, who has not a homestead, there shall be donated one hundred
and sixty acres of land, out of the public domain, upon the condition that be will select, locate,
and occupy the same for three years, and pay the office fees on the same. To all single men,
twenty-one years of age, there shall be donated eighty acres of land, out of the public domain,
upon the same terms and conditions as are imposed upon the head of a family.
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SEC. 9. The State of Texas hereby releases to the owner or owners of the soil all mines and
mineral substances that may be on the game, subject to such uniform rate of taxation as the
legislature may impose.
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ARTICLE XI

IMMIGRATION

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SECTION 1. There shall be a bureau, known as the "bureau of immigration," which shall have
supervision and control of all matters connected with immigration. The head of this bureau shall
be styled the "superintendent of immigration." He shall be appointed by the governor, by and
with the advice and consent of the senate. He shall hold his office for four years, and, until
otherwise fixed by law, shall receive an annual compensation of two thousand dollars. He shall
have such further powers and duties, connected with immigration, as may be given by law.
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SEC. 2. The legislature shall have power to appropriate part of the ordinary revenue of the State
for the purpose of promoting and protecting immigration. Such appropriation shall be devoted to
defraying the expenses of this bureau, to the support of agencies in foreign sea-ports, or sea-ports
of the United States, and to the payment, in part or in toto, of the passage of immigrants from
Europe to this State, and their transportation within this State.
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*** ASTART 012.0 TX 1869 ***

ARTICLE XII

GENERAL PROVISIONS

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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: " I, A. B., do solemnly swear [or
affirm] that I will faithfully and impartially discharge and perform all duties incumbent on me as
---- according to the best of my skill and ability, and that I will support the Constitution and laws
of the United States and of this State. And I do further swear [or affirm] that since the acceptance
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, or committed an assault upon any person with deadly
weapons, or sent or accepted a challenge to fight a duel with deadly weapons, or acted as second
in fighting a duel, or knowingly aided or assisted any one thus offending, either within this State
or out of it; that I am not disqualified from holding office under the fourteenth amendment to the
Constitution of the United States, [or, as the case may be, my disability to hold office under the
fourteenth amendment to the Constitution of the United States has been removed by act of
Congress;] and further, that I am a qualified elector in this State."
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SEC. 2. 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.
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SEC. 3. Any citizen of this State who shall, after the adoption of this constitution, fight a duel
with deadly weapons, or commit an assault upon any person with deadly weapons, or send or
accept a challenge to fight a duel with deadly weapons, either within this 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 the right of suffrage, or of holding any office of trust or profit under this State.
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SEC. 4. In all elections by the people, the vote shall be by ballot; 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.    
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SEC. 5. 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.
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SEC. 6. No money shall be drawn from the treasury but in pursuance of specific appropriation
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 appropriations 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 receipts and expenditures of all
public money shall be published annually, in such manner as shall be provided 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.
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SEC. 7. Absence on business of the 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 being elected or appointed to
any office, under the exceptions contained in this constitution.
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SEC. 8. The legislature shall have power to provide for deductions from the salaries of public
officers who may neglect the performance of any duty that may be assigned them by law.
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SEC. 9. 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.
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SEC. 10. The legislature shall provide for a change of venue in civil and criminal cases.
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SEC. 11. 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 method of trial.
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SEC. 12. All civil officers shall reside within the State, and all district or county officers within
their district or counties; and shall keep their offices at such laces therein as may be required by
law.
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SEC. 13. General laws regulating the adoption of children, emancipation of minors, and the
granting of divorces shall be made; but no special law shall be enacted relating to particular or
individual cases.
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SEC. 14. The rights of married women to their separate property, real and personal, and the
increase of the same, shall be protected by law; and married women, infants, and insane persons
shall not be barred of their rights of property by adverse possession, or law of limitation, of less
than seven years from and after the removal of each and all of their respective legal disabilities.
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SEC. 15. The legislature shall have power, and it shall be their duty, 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 city, town, or village,) or any city,
town, or village lot or lots, not to exceed five thousand dollars in value, at the time of their
destination as a homestead, and without reference to the value of any improvements thereon,
shall not be subject to forced sale for debts, except they be for the purchase thereof, for the taxes
assessed thereon, or for labor and materials expended thereon; nor shall the owner, if a married
man, be at liberty to alienate the same, unless by the consent of the wife, and in such manner as
may be prescribed by law.
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SEC. 16. The legislature shall provide in what cases officers shall continue to perform the duties
of their offices until their successors shall be duly qualified.
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SEC. 17. Every law enacted by the legislature shall embrace but one object, and that shall be
expressed in the title.
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SEC. 18. No law shall be revised or amended by reference to its title; but in such cases the act
revised or section amended shall be reenacted and published at length.
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SEC. 19. Taxation shall be equal and uniform throughout the State. All property in the State shall
be taxed in proportion to its value, to be ascertained as directed by law, except such property as
two-thirds of both houses of the legislature may think proper to exempt from taxation. The
legislature shall have power to levy 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.
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SEC. 20. The annual assessments made upon landed property shall be a lien upon the property,
and interest shall run thereon upon each year's assessment.
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SEC. 21. Landed property shall not be sold for the taxes due thereon, except under a decree of
some court of competent jurisdiction.
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SEC. 22. Provisions shall be made by the first legislature for the condemnation and sale of all
lands for taxes due thereon; and, every five years thereafter, of all lands the taxes upon which
have not been paid to that date.
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SEC. 23. It shall be the duty of the legislature to provide by law, in all cases where State or
county debt is created adequate means for the payment of the current interest, and 2 per cent. as a
sinking-fund or the redemption of the principal; and all such laws shall be irrepealable until
principal and interest are fully paid.
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SEC. 24. The legislature shall, at the first session thereof, and may at any subsequent session,
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 laid off of less contents. Every
new county as to the right of suffrage and representation, shall be considered as part of the county
or counties from which it was taken, until entitled, by numbers, to the right of separate
representation. No new county shall be laid off with less than one hundred and fifty qualified
jurors resident at the time therein; nor where the county (or counties) from which the new county
is proposed to be taken would thereby be reduced below that number of qualified jurors; and in
all cases where, from the want of qualified jurors, or other cause, the courts cannot properly be
held in any county, it shall be the duty of the district judge to certify such fact to the governor;
and the governor shall, by proclamation, attach such county, for judicial purposes, to that county
the county-seat of which is nearest the county-seat of the county so to be attached.
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SEC. 25. Annual pensions may be provided for the surviving veterans of the revolution which
separated Texas from Mexico; and for those permanently disabled in the service of the United
States during the late rebellion, provided they entered the service from this State.
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SEC. 26. Each county in the State shall provide, in such manner as may be prescribed by law, a
manual-labor poor-house, for taking care of, managing, employing, and supplying the wants of
its indigent and poor inhabitants; and, under such regulations as the legislature may direct, all
persons committing petty offences in the county may be committed to such manual-labor
poor-house for correction and employment.
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SEC. 27. All persons who, at any time heretofore, lived together as husband and wife, and both
of whom, by the law of bondage, were precluded from the rites of matrimony and continued to
live together until the death of one of the parties, shall be considered as having been legally
married; and the issue of such cohabitation shall be deemed legitimate. And all such persons as
may be now living together in such relation shall be considered as having been legally married;
and the children heretofore or hereafter born of such cohabitations shall be deemed legitimate.
*** SEND ***
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SEC. 28. Justices of the peace shall assess the property in their respective precincts, under such
laws as shall be provided and enacted by the legislature; and the sheriffs of the several counties
of this State shall collect the taxes so assessed.
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SEC. 29. Provision shall be made, under adequate penalties, for the. complete registration of all
births, deaths, and marriages, in every organized county of this State.
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SEC. 30. Every person, corporation, or company that may commit a homicide through wilful act,
or omission, shall be responsible in exemplary damages to the surviving husband, widow, heirs
of his or her body, or such of them as there may be, separately and consecutively, without regard
to any criminal proceeding that may or may not be had in relation to the homicide.
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SEC. 31. No minister of the gospel or priest of any denomination whatever, who accepts a seat in
the legislature as representative, shall, after such acceptance, be allowed to claim exemption from
military service, road duty, or serving on juries, by reason of his said profession.
*** SEND ***
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SEC. 32. The inferior courts of the several counties in this State shall have the power, upon a
vote of two-thirds of the qualified voters of the respective counties, to assess and provide for the
collection of  tax upon the taxable property, to aid in the construction of internal improvements:
Provided, That said tax shall never exceed 2 per cent. upon the value of such property.
*** SEND ***
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SEC.33. The ordinance of the convention passed on the first day of February, A. D. 1861,
commonly known as the ordinance of secession, was in contravention of the Constitution and
laws of the United States, and therefore null and void from the beginning; and all laws and parts
of laws founded upon said ordinance were also null and void from the date of their passage. The
legislatures which sat in the State of Texas from the 18th day of March, A. D. 1861 until the 6th
day of August, A. D. 1866, had no constitutional authority to make laws binding upon the people
of the State of Texas: Provided, That this section shall not be construed to inhibit the authorities
of this State from respecting and enforcing such rules and regulations as were prescribed by the
said legislatures which were not in violation of the Constitution and laws of the United States, or
in aid of the rebellion against the United States, or prejudicial to the citizens of this State who
were loyal to the United States, and which have been actually in force or observed in Texas
during the above period of time; nor to affect, prejudicially, private rights which may have grown
up under such rules and regulations; nor to invalidate official acts not in aid of the rebellion
against the United States during said period of time. The legislature which assembled in the city
of Austin on the 6th day of August, A. D. 1866, was provisional only, and its acts are to be
respected only so far as they were not in violation of the Constitution and laws of the United
States, or were not intended to reward those who participated in the late rebellion; or to
discriminate between the citizens on account of race or color; or to operate prejudicially to any
class of citizens.
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SEC. 34. All debts created by the so-called State of Texas, from and after the 28th day of
January, 1861, and prior to the 5th day of August, 1865, were and are null and void; and the
legislature is prohibited from making any provision for the acknowledgment or payment of such
debts. All unpaid balances, whether of salary, per diem, or monthly allowance, due to employees
of the State, who were in the service thereof on the said 28th day of January, 1861, civil or
military, and who gave their aid, countenance, or support to the rebellion then inaugurated
against the Government of the United States, or turned their arms against the said Government,
thereby forfeited the sums severally due to them. All the 10 per cent. warrants issued for military
services, and exchanged during the rebellion at the treasury for non-interest warrants, are hereby
declared to have been fully paid and discharged: Provided, That any loyal person or his or her
heirs or legal representative may, by proper legal proceedings, to be commenced within two years
after the acceptance of this constitution by the Congress of the United States, show proof in
avoidance of any contract made, or revise or annul any decree or judgment rendered since the
said 28th day of January, 1861, when, through fraud practised, or threats of violence used
towards such persons, no adequate consideration for the contract has been received; or when,
through absence from the State of such person, or through political prejudice against such person,
the decision complained of was not fair or impartial.
*** SEND ***
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SEC. 35. Within five years after the acceptance 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 shall be made every ten years thereafter.
*** SEND ***
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SEC. 36. No lottery shall be authorized by this State, and the buying and selling of lottery-tickets
within this State is prohibited.
*** SEND ***
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SEC. 37. No divorce shall be granted by the legislature.
*** SEND ***
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SEC. 38. The duration of all offices not fixed by this constitution shall never exceed four years.
*** SEND ***
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SEC. 39. 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 040.0 012.0 0 TX 1869 ***
SEC. 40. All sales of landed property, made under decrees of courts in this State, shall be offered
to bidders in lots of not less than ten nor more than forty acres, except in towns or cities,
including sales for taxes.
*** SEND ***
*** SSTART 041.0 012.0 0 TX 1869 ***
SEC. 41. All civil officers of this State shall be removable by an address of two-thirds of the
members-elect to each house of the legislature, except those whose removal is otherwise
provided for by this constitution.
*** SEND ***
*** SSTART 042.0 012.0 0 TX 1869 ***
SEC. 42. The accounting officers of this State shall neither draw nor pay a warrant upon the
treasury, in favor of any person, for salary or compensation, as agent, officer, or appointee, who
holds, at the same time, any other office or position of honor, trust, or profit under the State, or
the United States, except as prescribed in this constitution.
*** SEND ***
*** SSTART 043.0 012.0 0 TX 1869 ***
SEC. 43. The statutes of limitation of civil suits were suspended by the so-called act of secession
of the 28th of January, 1861, and shall be considered as suspended within this State until the
acceptance of this constitution by the United States Congress.
*** SEND ***
*** SSTART 044.0 012.0 0 TX 1869 ***
SEC. 44. All usury laws are abolished in this State, and the legislature is forbidden from making
laws limiting the parties to contracts in the amount of interest they may agree upon for loans of
money or other property: Provided, This section is not intended to change the provisions of law
fixing rate of interest in contracts, where the rate of interest is not specified.
*** SEND ***
*** SSTART 045.0 012.0 0 TX 1869 ***
SEC. 45. All the qualified voters of each county shall also be qualified jurors of such county.
*** SEND ***
*** SSTART 046.0 012.0 0 TX 1869 ***
SEC. 46. It shall be the duty of the legislature, after the adoption of this constitution, to levy a
special road-tax upon the taxable property of all persons in this State, and appropriate the same to
the building of bridges, and the improvement of public roads in the different counties in the
State, under such rules and regulations as the legislature shall provide; and no law shall be passed
requiring the personal services of any portion of the people on public roads.
*** SEND ***
*** SSTART 047.0 012.0 0 TX 1869 ***
SEC. 47. Mechanics and artisans of every class shall have a lien upon the articles manufactured
or repaired by them, for the value of their labor done thereon, or materials furnished therefor; and
the legislature shall provide by law for the speedy and efficient enforcement of said liens.
*** SEND ***
*** SSTART 048.0 012.0 0 TX 1869 ***
SEC. 48. The legislature may prohibit the sale of all intoxicating or spirituous liquors in the
immediate vicinity of any college or seminary of learning; provided said college or seminary be
located other than at a county seat or at the State capital.
*** SEND ***
*** SSTART 049.0 012.0 0 TX 1869 ***
SEC. 49. The legislature shall give effect to the foregoing general provisions, and all other
provisions of this constitution, which require legislative action, according to their spirit and
intent, by appropriate acts, bills, or joint resolutions.
*** SEND ***
*** SSTART 050.0 012.0 0 TX 1869 ***
SEC. 50. The legislature, whenever two-thirds of each house shall deem it necessary, may
propose amendments to this constitution; which proposed amendments shall be duly published in
the public prints of this State, at least three months before the next general election of
representatives, for the consideration of the people; and it shall be the duty of the several
returning officers, at the next general election which shall be thus holden, to open a poll for, and
make a return to the secretary of state of, the names of all those voting for representatives, who
have voted on such proposed amendments, and if thereupon it shall appear that, a majority of
those voting upon the proposed amendments have voted in favor of such proposed amendments,
and two-thirds of each house of the next legislature shall, after such election, ratify the same
amendment, by yeas and nays, they shall be valid to all intents and purposes is parts of this
constitution: Provided, That the said proposed amendments shall, at each of the said sessions,
have been read on three several days in each house.
*** SEND ***
*** AEND ***
*** ASTART 013.0 TX 1869 ***
 DECLARATION
*** SSTART 001.0 013.0 0 TX 1869 ***
Be it declared by the people of Texas in convention assembled, That the territory comprised
within the limits of the following-named counties shall compose the congressional districts of the
State of Texas, until otherwise provided by law:
*** SEND ***
*** SSTART 002.0 013.0 0 TX 1869 ***
SEC. 2. The first congressional district shall be composed of the counties of Anderson, Angelina,
Cherokee, Harrison, Henderson, Houston, Jasper, Jefferson, Liberty, Nacogdoches, Newton,
Orange, Panola, Polk, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, Tyler, Hardin,
Chambers, Van Zandt, and Wood.
*** SEND ***
*** SSTART 003.0 013.0 0 TX 1869 ***
SEC. 3. The second congressional district shall consist of the counties of Marion, Upshur, Davis,
Bowie, Titus, Red River, Lamar, Hopkins, Kaufman, Fannin, Grayson, Hunt, Collin, Dallas,
Tarrant, Cooke, Denton, Montague, Wise, Parker, Palo Pinto, Jack, Clay, Wichita, Archer,
Young, Throckmorton, Wilbarger, Hardeman, Knox, Haskell, Jones, Shackleford, Stephens,
Ellis, Johnson, Callahan, Eastland, Erath, Hood, and Taylor.
*** SEND ***
*** SSTART 004.0 013.0 0 TX 1869 ***
SEC. 4. The third congressional district shall consist of the counties of Galveston, Brazoria, Fort
Bend, Harris, Austin, Montgomery, Walker, Grimes, Brazos, Washington, Burleson, Milam,
Robertson, Madison, Leon, Freestone, Limestone, Falls, McLennan, Matagorda, Wharton ,
Bosque, Hill, and Navarro.
*** SEND ***
*** SSTART 005.0 013.0 0 TX 1869 ***
SEC. 5. The fourth congressional district shall consist of the counties of Colorado, Fayette,
Lavaca, Jackson, Bastrop, Travis, Williamson, Bell, Hamilton, Comanche, Brown, Coleman,
Runnels, Concho, McCulloch, San Saba, Lampasas, Burnet, Llano, Mason, Kendall, Edwards,
Kerr, Gillespie, Blanco, Bandera, Comal, Hays, Caldwell, Guadalupe, Bexar, Wilson, Gonzales,
De Witt, Karnes, Goliad, Victoria, Calhoun, Refugio, San Patricio, Nueces, Bee, Live Oak,
Atascosa, Medina, Uvalde, Dawson, Zavala, Frio, Dimmiit, La Salle, McMullin, Encinal, Duval,
Cameron, Hidalgo, Starr, Zapata, Webb, Kinney, Presidio, Maverick, El Paso, and Coryell.
*** SEND ***
*** AEND ***
*** ASTART 014.0 TX 1869 ***
ELECTION DECLARATION

CONCERNING THE ELECTION FOR RATIFICATION OR REJECTION OF THE
CONSTITUTION, AND FOR STATE, DISTRICT, AND COUNTY OFFICERS, AND
     MEMBERS OF CONGRESS
*** SSTART 001.0 014.0 0 TX 1869 ***
Be it declared by the people of Texas in convention assembled, That the constitution adopted by
this convention be submitted for ratification or rejection to the voters of this State, registered and
qualified as provided by the acts of Congress known as the reconstruction laws, at an election
commencing on the first Monday in July, 1869, and continuing for the number of days specified
in the constitution adopted by this convention, for the holding of general elections. The vote on
said constitution shall be "For the constitution," and "Against the constitution." The said election
shall be held at the places and under the regulations to be prescribed by the commanding general
of this military district, and the returns made to him as directed by law,
*** SEND ***
*** SSTART 002.0 014.0 0 TX 1869 ***
SEC. 2. An election shall be held at the same time and place as for the ratification or rejection of
the constitution, for senators and representatives in the legislature, and for all State, district, and
county officers who are to be elected by the people under this constitution.
*** SEND ***
*** SSTART 003.0 014.0 0 TX 1869 ***
SEC. 3. The said election for State, district, and county officers shall be conducted under the
same regulations as the election for the ratification or rejection of the constitution, and by the
same persons. The returns of elections shall be made to the commanding general, who shall give
certificates of election to the persons chosen for the respective offices. The officers as elected
shall commence the discharge of the duties of the office for which they have been chosen as soon
as elected and qualified, in compliance with the provisions of the constitution herewith
submitted, and shall hold their respective offices for the term of years prescribed by the
constitution, beginning from the day of their election, and until their successors are elected and
qualified.
*** SEND ***
*** SSTART 004.0 014.0 0 TX 1869 ***
SEC. 4. An election for members of the United States Congress shall be held in each
congressional district as established by this convention, at the same time and place as the election
for ratification or rejection of the constitution. Said election shall be conducted by the same
persons and under the same regulations as before mentioned in this declaration. The returns shall
be made to the commanding general, who shall give the persons chosen certificates of election.
*** SEND ***
*** SSTART 005.0 014.0 0 TX 1869 ***
SEC. 5. The members of the legislature, elected under this declaration, shall assemble at the
capitol, in the city of Austin, on the second Monday in September, A. D. 1865.
*** SEND ***
*** SSTART 006.0 014.0 0 TX 1869 ***
SEC . 6. The commanding general of this military district is requested to enforce this declaration.
*** SEND ***
*** AEND ***

*** ASTART 9016.0 TX 1869 ***

ED. J. DAVIS, President.
Wm. V. TUNSTALL, Secretary.
*** AEND ***


AMENDMENTS TO THE CONSTITUTION OF 1868
*** MSTART 001 006.0 010.0 0 TX 1869 1872 ***
That section six of article ten be so amended as to read:
SEC. 6. The legislature of the State of Texas shall not hereafter grant lands except for purposes
of internal improvement, to any person or persons, nor shall any certificate for land be sold at the
land-office, except to actual settlers upon the same, and in lots not exceeding one hundred and
sixty acres: Provided, That the Legislature shall not grant, out of the public domain, more than
twenty sections of land for each mile of completed work, in aid of the construction of which land
may be granted: And provided further, That nothing in the foregoing proviso shall affect any
rights granted or secured by laws passed prior to the final adoption of this amendment.

[Amended 1872.]
*** MEND ***
*** MSTART 002 020.0 001.0 0 TX 1869 1873 ***
SEC. 20. No power of suspending the laws in the State shall be exercised except by the
legislature.
[Amended 1873.]
*** MEND ***
*** MSTART 003 002.0 005.0 0 TX 1869 1873 *** 
SEC. 2. The supreme court shall consist of one chief justice and four associate justices, any three
of whom shall constitute a quorum; they shall be appointed by the governor, by and with the
advice and consent of the senate, for a term of nine years. All vacancies shall be filled for the
unexpired term. If a vacancy shall occur, or a term shall expire, when the senate is not in session,
the governor shall fill the same by appointment, which shall be sent to the senate within ten days
after that body shall assemble, and, if not confirmed, the office shall immediately become vacant.
[Amended 1873.]
*** MEND ***
*** MSTART 004 003.0 005.0 0 TX 1869 1873 *** 
SEC. 3. The supreme court shall have appellate jurisdiction only, which, in civil cases and
criminal cases, shall be contractual organization-extensive with the limits of the State. Appeal
from interlocutory judgments may be allowed with such exceptions and under such regulations as
the legislature may prescribe. 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 may issue the
writ of mandamus and such other writs as may be necessary to inforce, its own jurisdiction. The
supreme court shall also have power to ascertain such matters of fact as may be necessary to the
proper exercise of its jurisdiction.
[Amended 1873.]
*** MEND ***
*** MSTART 005 004.0 005.0 0 TX 1869 1873 ***
 SEC. 4. The supreme court shall hold its sessions at the capital and two other places in the State.
[Amended 1873.]
*** MEND ***
*** MSTART 006 028.0 012.0 0 TX 1869 1873 ***
SEC. 28. In each and every organized county in this State there shall be an assessor and collector
of taxes elected by the people at the next ensuing general election, and every four years
thereafter, who shall assess the property and collect the taxes so assessed in conformity to such
laws as now exist, or may be enacted hereafter by the legislature relative to the assessment and
collection of taxes.
[Amended 1873.]
*** MEND ***
*** MSTART 007 040.0 012.0 0 TX 1869 1873 ***
SEC. 40. The legislature shall not pass local or special laws in any of the following enumerated
cases, that is to say, for locating or changing county-seats, regulating county or town affairs,
regulating the practice in courts of justice, regulating the duties and jurisdiction of justices of the
peace and constables, providing, for changes of venue in civil and criminal cases, incorporating
cities or towns, or changing or amending the charter of any city or village, providing for the
management of common schools, regulating the rate of interest on money, remitting fines,
forfeitures, or penalties, changing the laws of descent. In all other cases where a general law can
be made applicable, no special law shall be enacted; or in any case where a general law can be
made applicable, no special law shall be enacted. The legislature shall pass general laws
providing for the cases before enumerated in this section, and for all other cases which in its
judgment may be provided by general laws.

[Amended 1873.]
*** MEND ***

*** CEND ***