Doug Campbell worked on Texas

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

          

*** CSTART TX 2/15/1876 01/01/2006 *** 

CONSTITUTION OF TEXAS-1876
*** ASTART 9001.0 TX 1876 ***
PREAMBLE

Humbly invoking the blessing of Almighty God, the people of the State of Texas do ordain and
establish this constitution.

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*** ASTART 001.0 TX 1876 ***

ARTICLE I

BILL OF RIGHTS

That the general, great, and essential principles of liberty and free government may be recognized
and established, we declare-

*** SSTART 001.0 001.0 0 TX 1876 ***
SECTION 1. Texas is a free and independent State, subject only to the Constitution of the United
States; and the maintenance of our free institutions and the perpetuity of the Union depend upon
the preservation of the right of local self-government unimpaired to all the States.
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*** SSTART 002.0 001.0 0 TX 1876 ***
SEC. 2. All political power is inherent in the people, and all free governments are founded on
their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to
the preservation of a republican form of government, and, subject to this limitation only, they
have at all times the inalienable right to alter, reform, or abolish their government in such manner
as they may think expedient.
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*** SSTART 003.0 001.0 0 TX 1876 ***
SEC. 3. All free men when they form a social compact have equal rights, and no man, or set of
men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of
public services.
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*** SSTART 004.0 001.0 0 TX 1876 ***
SEC. 4. No religious test shall ever be required as a qualification to any office, or public trust, in
this State; nor shall any one be excluded from holding office on account of his religious
sentiments, provided the acknowledge the existence of a Supreme Being.
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*** SSTART 005.0 001.0 0 TX 1876 ***
SEC. 5. No person shall be disqualified to give evidence in any of the courts of this State on
account of his religious opinions, or for the want of any religious belief, but all oaths or
affirmations shall be administered in the mode most binding upon the conscience, and shall be
taken subject to the pains and penalties of perjury.
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*** SSTART 006.0 001.0 0 TX 1876 ***
SEC. 6 . All men have a natural and indefeasible right to worship Almighty God according to the
dictates of their own consciences.  No man shall be compelled to attend, erect, or support any
place of worship, or to maintain any ministry against his consent. No human authority ought, in
any case whatever, to control or interfere with the rights of conscience in matters of religion, and
no preference shall ever be given by law to any religious society or mode of worship. But it shall
be the duty of the legislature to pass such laws as may be needed to protect equally every
religious denomination in the peaceable enjoyment of its own mode of public worship.
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*** SSTART 007.0 001.0 0 TX 1876 ***
SEC. 7. No money shall be appropriated or drawn from the treasury for the benefit of any sect or
religious society, theological or religious seminary; nor shall property belonging to the State be
appropriated for any such purposes.
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*** SSTART 008.0 001.0 0 TX 1876 ***
SEC. 8. Every person shall be at liberty to speak, write, or publish his opinions on any subject,
being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the
liberty, of speech or of the press. In prosecutions for the publication of papers investigating the
conduct of officers or men in public capacity, or when the matter published is proper for public
information, the truth thereof may be given in evidence. And in all indictments for libels the jury
shall have the right to determine the law and the facts under the direction of the court, as in other
cases.
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*** SSTART 009.0 001.0 0 TX 1876 ***
SEC. 9. The people shall be secure in their persons, houses, papers, and possessions from all
unreasonable seizures or searches; and no warrant to search any place, or to seize any person or
thing, shall issue without describing them as near as may be,.nor without probable cause,
supported by oath or affirmation.
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*** SSTART 010.0 001.0 0 TX 1876 ***
SEC . 10. In all criminal prosecutions the accused shall have a speedy public trial by an impartial
jury. He shall have the right to demand the nature and cause of the accusation against him and to
have a copy thereof. He shall not be compelled to give evidence against himself. He shall have
the right of being heard by himself or counsel, or both; shall be confronted with the witnesses
against him, and shall have compulsory process for obtaining witnesses in his favor. And no
person shall be held to answer for a criminal offence, unless on indictment of a grand jury, except
in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary,
in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in
actual service in time of war or public danger.
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*** SSTART 011.0 001.0 0 TX 1876 ***
SEC. 11. All prisoners shall be bailable by sufficient sureties, unless for capital offences when
the proof is evident; but this provision shall not be so construed as to prevent bail after
indictment found, upon examination of the evidence in such manner as may be prescribed by
law.
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*** SSTART 012.0 001.0 0 TX 1876 ***
SEC. 12. The writ of habeas corpus is a writ of right, and shall never be suspended. The
legislature shall enact laws to render the remedy speedy and effectual.
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*** SSTART 013.0 001.0 0 TX 1876 ***
SEC. 13. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual
punishment inflicted. All courts shall be open, and every person for an injury done him in his
lands, goods, person, or reputation, shall have remedy by due course of law.
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*** SSTART 014.0 001.0 0 TX 1876 ***
SEC. 14. No person, for the same offence, shall be twice put in jeopardy of life or liberty; nor
shall a person be again put upon trial for the same offence after a verdict of not guilty in a court
of competent jurisdiction.
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*** SSTART 015.0 001.0 0 TX 1876 ***
SEC. 15. The right of trial by jury shall remain inviolate. The legislature shall pass such laws as
may be needed to regulate the same, and to maintain its purity and efficiency.
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*** SSTART 016.0 001.0 0 TX 1876 ***
SEC. 16. No bill of attainder, ex post facto law, retroactive law, or any law impairing the
obligation of contracts, shall be made.
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*** SSTART 017.0 001.0 0 TX 1876 ***
SEC. 17. No person's property shall be taken, damaged, or destroyed for or applied to public use
without adequate compensation being made, unless by the consent of such person; and, when
taken, except for the use of the State, such compensation shall be first made, or secured, by a
deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities
shall be made; but all privileges and franchises granted by the legislature or created under its
authority shall be subject to the control thereof.
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*** SSTART 018.0 001.0 0 TX 1876 ***
SEC. 18. No person shall ever be imprisoned for debt.
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*** SSTART 019.0 001.0 0 TX 1876 ***
SEC. 19. No citizen of this State shall be deprived of life, liberty, property, privileges, or
immunities, or in any manner disfranchised, except by the due course of the law of the land.
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*** SSTART 020.0 001.0 0 TX 1876 ***
SEC. 20. No citizen shall be outlawed; nor shall any person be transported out of the State for
any offence committed within the same.
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*** SSTART 021.0 001.0 0 TX 1876 ***
SEC. 21. No conviction shall work corruption of blood or forfeiture of estate; and the estates of
those who destroy their own lives shall descend or vest as in case of natural death.
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*** SSTART 022.0 001.0 0 TX 1876 ***
SEC. 22. Treason against the State shall consist only in levying war against it, or adhering to its
enemies, giving them aid and comfort; and no person shall be convicted of treason except on the
testimony of two witnesses to the same overt act, or on confession in open court.
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*** SSTART 023.0 001.0 0 TX 1876 ***
SEC. 23. Every citizen shall have the right to keep and bear arms in the lawful defence of himself
or the State; but the legislature shall have power by law to regulate the wearing of arms with a
view to prevent crime..
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*** SSTART 024.0 001.0 0 TX 1876 ***
SEC. 24. The military shall at all times be subordinate to the civil authority.
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*** SSTART 025.0 001.0 0 TX 1876 ***
SEC. 25. No soldier shall, in time of peace, be quartered in the house of any citizen without the
consent of the owner, nor in time of war but in a manner prescribed by law.
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*** SSTART 026.0 001.0 0 TX 1876 ***
SEC. 26. Perpetuities and monopolies are contrary to the genius of a free government, and shall
never be allowed; nor shall the law of primogeniture or entailments ever be in force in this State.
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*** SSTART 027.0 001.0 0 TX 1876 ***
SEC. 27. The citizens shall have the right, in a peaceable manner, to assemble together for their
common good, and apply to those invested with the power of government for redress of
grievances or other purposes by petition, address, or remonstrance.
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*** SSTART 028.0 001.0 0 TX 1876 ***
SEC. 28. No power of suspending laws in this State shall be exercised except by the legislature.
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*** SSTART 029.0 001.0 0 TX 1876 ***
SEC. 29. To guard against transgressions of the high powers herein delegated, we declare that
everything in this "Bill of Rights" is excepted out of the general powers of government, and shall
forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be
void.
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*** AEND ***
*** ASTART 002.0 TX 1876 ***
 ARTICLE II

THE POWERS OF GOVERNMENT
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SECTION 1. The powers of the government of the State of Texas shall be divided into three
distinct departments each of which shall be confided to a separate body of magistracy. to wit:
Those which are legislative to one, those which are executive to another, and those which are
judicial to another; and no person, or collection of persons, being of one of these departments,
shall exercise any power properly attached to either of the others, except in the instances herein
expressly permitted.
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*** ASTART 003.0 TX 1876 ***
ARTICLE III

LEGISLATIVE DEPARTMENT

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SECTION 1. The legislative power of this State shall be vested in a senate and house of
representatives, which together shall be styled "The Legislature of the State of Texas."
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*** SSTART 002.0 003.0 0 TX 1876 ***
SEC. 2. The senate shall consist of thirty-one members, and shall never be increased above this
number. The house of representatives shall consist of ninety-three members until the first
apportionment after the adoption of this constitution, when, or at any apportionment thereafter,
the number of representatives may be increased by the legislature, upon the ratio of not more than
one representative for every fifteen thousand inhabitants: Provided, The number of
representatives shall never exceed one hundred and fifty.
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*** SSTART 003.0 003.0 0 TX 1876 ***
SEC. 3. The senators shall be chosen by the qualified electors for the term of four years; but a
new senate shall be chosen after every apportionment, and the senators elected after each
apportionment shall be divided by lot into two classes. The seats of the senators of the first class
shall be vacated at the expiration of the first two years, and those of the second class at the
expiration of four years, so that one-half of the senators shall be chosen biennially thereafter.
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*** SSTART 004.0 003.0 0 TX 1876 ***
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 their election.
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*** SSTART 005.0 003.0 0 TX 1876 ***
SEC. 5. The legislature shall meet every two years, at such time as may be provided by law, and
at other times when convened by the governor.
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*** SSTART 006.0 003.0 0 TX 1876 ***
SEC. 6. No person shall be a senator unless he be a citizen of the United States, and at the time
of his election a qualified elector of this State, and shall have been a resident of this State five
years next preceding his election, and the last year thereof a resident of the district for which he
shall be chosen, and shall have attained the age of twenty-six years.
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*** SSTART 007.0 003.0 0 TX 1876 ***
SEC. 7. No person shall be a representative unless he be a citizen of the United States and at the
time of his election a qualified elector of this State, and shall have been a resident of this State
two years next preceding his election, the last year thereof a resident of the district for which he
shall be chosen, and shall have attained the age of twenty-one years.
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*** SSTART 008.0 003.0 0 TX 1876 ***
SEC. 8. Each house shall be the judge of the qualifications and election of its own members; but
contested elections shall be determined in such a manner as shall be provided by law.
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*** SSTART 009.0 003.0 0 TX 1876 ***
SEC. 9. The senate shall, at the beginning and close of each session, and at such other times as
may be necessary, elect one of its members president pro tempore, who shall perform the duties
of the lieutenant-governor in any case of absence or disability of that officer, and whenever the
said office of lieutenant-governor shall be vacant. The house of representatives shall, when it first
assembles, organize temporarily, and thereupon proceed to the election of a speaker from its own
members; and each house shall choose its other officers.
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*** SSTART 010.0 003.0 0 TX 1876 ***
SEC. 10. Two-thirds of each house shall constitute a quorum to do business, but a smaller
number may adjourn from day to day, and compel the attendance of absent members, in such
manner and under such penalties as each house may provide.
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*** SSTART 011.0 003.0 0 TX 1876 ***
SEC. 11. Each house may determine the rules of its own proceedings, punish members for
disorderly conduct, and, with the consent of two-thirds, expel a member, but not a second time
for the same offence.
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*** SSTART 012.0 003.0 0 TX 1876 ***
SEC. 12. Each house shall keep a journal of its proceedings, and publish the same; and the yeas
and nays of the members of either house on any question shall, at the desire of any three
members present, be entered on the journals.
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*** SSTART 013.0 003.0 0 TX 1876 ***
SEC. 13. When vacancies occur in either house, the governor, or the person exercising the power
of the governor, shall issue writs of election to fill such vacancies; and should the governor fail to
issue a writ of election to fill any such vacancy within twenty days after it occurs, the
returning-officer of the district in which such vacancy may have happened shall be authorized to
order an election for that purpose.
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*** SSTART 014.0 003.0 0 TX 1876 ***
SEC. 14. Senators and representatives shall, except in cases of treason, felony, or breach of the
peace, be privileged from arrest during the session of the legislature and in going to and returning
from the same, allowing one day for every twenty miles such member may reside from the place
at which the legislature is convened.
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*** SSTART 015.0 003.0 0 TX 1876 ***
SEC. 15. Each house may punish, by imprisonment, during its sessions, any person not a
member, for disrespectful or disorderly conduct in its presence, or for obstructing any of its
proceedings: Provided, Such imprisonment shall not, at any one time, exceed forty-eight hours.
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*** SSTART 016.0 003.0 0 TX 1876 ***
SEC. 16. The sessions of each house shall be open, except the senate when in executive session.
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*** SSTART 017.0 003.0 0 TX 1876 ***
SEC. 17. Neither house shall, without the consent. of the other, adjourn for more than three days,
nor to any other place than that where the legislature may be sitting.
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*** SSTART 018.0 003.0 0 TX 1876 ***
SEC. 18. No senator or representative shall, during the term for which he may be elected, 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; no member of either house
shall, during the term for which he is elected, be eligible to any office or place, the appointment
to which may be made, in whole or in part, by either branch of the legislature; and no member of
either house shall vote for any other member for, any office whatever which may be filled by a
vote of the legislature, except in such cases as are in this constitution provided. Nor shall any
member of the legislature be interested, either directly or indirectly, in any contract with the
State, or any county thereof, authorized by any law passed during the term for which he shall
have been elected.
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*** SSTART 019.0 003.0 0 TX 1876 ***
SEC. 19. No judge of any court, secretary of state, attorney-general, clerk of any court of record,
or any person holding a lucrative office under the United States or this State, or an foreign
government, shall, during the term for which he is elected or appointed, be eligible to the
legislature.
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*** SSTART 020.0 003.0 0 TX 1876 ***
SEC. 20. No person who at any time may have been a collector of taxes, or who may have been
otherwise intrusted with public money, shall be eligible to the legislature, or to any office of
profit or trust under the State government, until he shall have obtained a discharge for the amount
of such collections, or for all public moneys with which he may have been intrusted.
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*** SSTART 021.0 003.0 0 TX 1876 ***
SEC. 21. No member shall be questioned in any other place for words spoken in debate in either
house.
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*** SSTART 022.0 003.0 0 TX 1876 ***
SEC. 22. A member who has a personal or private interest in any measure or bill proposed or
pending before the legislature, shall disclose the fact to the house of which he is a member, and
shall not vote thereon.
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*** SSTART 023.0 003.0 0 TX 1876 ***
SEC. 23. If any senator or representative remove his residence from the district or county for
which he was elected, his office shall thereby become vacant, and the vacancy shall be filled as
provided in section 13 of this article.
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*** SSTART 024.0 003.0 0 TX 1876 ***
SEC. 24. The members of the legislature shall receive from the public treasury such
compensation for their services as may, from time to time, be provided by law, not exceeding
five dollars per day for the first sixty days of each session, and after that not exceeding two
dollars per day for the remainder of the session; except the first session held under this
constitution when they may receive not exceeding five dollars per day for the first ninety days,
and after that not exceeding two dollars per day for the remainder of the session. In addition to
the per diem, the members of each house shall be entitled to mileage in going to and returning
from the seat of government, which mileage shall not exceed five dollars for every twenty-five
miles, the distance to be computed by the nearest and most direct route of travel by land,
regardless of railways or water-routes; and the comptroller of the State shall prepare and preserve
a table of distances to each county-seat now or hereafter to be established, and by such table the
mileage of each member shall be paid; but no member shall be entitled to mileage for any extra
session that may be called within one day after the adjournment of a regular or called session.
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*** SSTART 025.0 003.0 0 TX 1876 ***
SEC. 25. The State shall be divided into senatorial districts of contiguous territory, according to
the number of qualified electors, as nearly as may be, and each district shall be entitled to elect
one senator, and no single county shall be entitled to more than one senator.
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*** SSTART 026.0 003.0 0 TX 1876 ***
SEC. 26. The members of the house of representatives shall be apportioned among the several
counties, according to the number of population in each. as nearly as may be, on a ratio obtained
by dividing the population of the State, as ascertained by the most recent United States census, by
the number of members of which the house is composed: Provided, That whenever a single
county has sufficient population to be entitled to a representative, such county shall be formed
into a separate representative district, and when two or more counties are required to make up the
ratio of representation such counties shall be contiguous to each other; and when any one county
has more than sufficient population to be entitled to one or more representatives, such
representative or representatives shall be apportioned to such county, and for any surplus of
population it may be joined in a representative district with any other contiguous county or
counties.
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*** SSTART 027.0 003.0 0 TX 1876 ***
SEC. 27. Elections for senators and representatives shall be general throughout the State, and
shall be regulated by law.
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*** SSTART 028.0 003.0 0 TX 1876 ***
SEC. 28. The legislature shall, at its first session after the publication of each United States
decennial census, apportion the State into senatorial and representative districts, agreeably to the
provisions of sections 25 and 26 of this article; and until the next decennial census, when the first
apportionment shall be made by the legislature, the State shall be, and it is hereby, divided into
senatorial and representative districts as provided by an ordinance of the convention on that
subject.
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*** SSTART 029.0 003.0 0 TX 1876 ***
SEC 29 The enacting clause of all laws shall be, "Be it enacted by the legislature of the State of
Texas."
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*** SSTART 030.0 003.0 0 TX 1876 ***
SEC. 30. No law shall be passed except by bill, and no bill shall be so amended in its passage
through either house as to change its original purpose.
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*** SSTART 031.0 003.0 0 TX 1876 ***
SEC. 31. Bills may originate in either house, and when passed by such house may be amended,
altered, or rejected by the other.
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*** SSTART 032.0 003.0 0 TX 1876 ***
SEC. 32. No bill shall have the force of a law until it has been read on three several days in each
house, and free discussion allowed thereon; but in cases of imperative public necessity (which
necessity shall be stated in a preamble or in the body of the bill) four-fifths of the house in which
the bill may be pending may suspend this rule, the yeas and nays being taken on the question of
suspension, and entered upon the journals.
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*** SSTART 033.0 003.0 0 TX 1876 ***
SEC. 33. All bills for raising revenue shall originate in the house of representatives, but the
senate may amend or reject them as other bills.
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*** SSTART 034.0 003.0 0 TX 1876 ***
SEC. 34. After a bill has been considered and defeated by either house of the legislature, no bill
containing the same substance shall be passed into a law during the same session. After a
resolution has been acted on and defeated, no resolution containing the same substance shall be
considered at the same session,
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*** SSTART 035.0 003.0 0 TX 1876 ***
SEC. 35. No bill (except general appropriation bills, which may embrace the various subjects and
accounts for and on account of which moneys are appropriated) shall contain more than one
subject, which shall be expressed in its title. But if any subject shall be embraced in an act which
shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be
so expressed.
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*** SSTART 036.0 003.0 0 TX 1876 ***
SEC. 36. No law shall be revived or amended by reference to its title; but in such case the act
revived or the section or sections amended shall be re-enacted and published at length.
*** SEND ***
*** SSTART 037.0 003.0 0 TX 1876 ***
SEC. 37. No bill shall be considered unless it has been first referred to a committee and reported
thereon, and no bill shall be passed which has not been presented and referred to and reported
from, a committee at least three days before the final adjournment of the legislature.
*** SEND ***
*** SSTART 038.0 003.0 0 TX 1876 ***
SEC. 38. The presiding officer of each house shall, in the presence of the house over which he
presides, sign all bills and joint resolutions passed by the legislature, after their titles have been
publicly read before signing; and the fact of signing shall be entered on the journals.
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*** SSTART 039.0 003.0 0 TX 1876 ***
SEC. 39. No law passed by the legislature, except the general appropriation act, shall take effect
or go into force until ninety days after the adjournment of the session at which it was enacted,
unless in case of an emergency, which emergency must be expressed in a preamble or in the body
of the act, the legislature shall, by a vote of two-thirds of all the members elected to each house,
otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals.
*** SEND ***
*** SSTART 040.0 003.0 0 TX 1876 ***
SEC. 40. When the legislature shall be convened in special session, there shall be no legislation
upon subjects other than those designated in the proclamation of the governor calling such
session, or presented to them by the governor; and no such session shall be of longer duration
than thirty days.
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*** SSTART 041.0 003.0 0 TX 1876 ***
SEC. 41. 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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*** SSTART 042.0 003.0 0 TX 1876 ***
SEC. 42. The legislature shall pass such laws as may be necessary to carry into effect the
provisions of this constitution.
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*** SSTART 043.0 003.0 0 TX 1876 ***
SEC. 43. The first session of the legislature under this constitution shall provide for revising,
digesting, and publishing the laws, civil and criminal; and a like revision, digest, and publication
may be made every ten years thereafter: Provided, That in the adoption of and giving effect to
any such digest or revision the legislature shall not be limited by sections 35 and 36 of this
article.
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*** SSTART 044.0 003.0 0 TX 1876 ***
SEC. 44. The legislature shall provide by law for the compensation of all officers, servants,
agents, and public contractors not provided for in this constitution, but shall not grant extra
compensation to any officer, agent, servant, or public contractors after such public service shall
have been performed or contract entered into for the performance of the same; nor grant, by
appropriation or otherwise, any amount of money out of the treasury of the State, to any
individual, on a claim, real or pretended, when the same shall not have been provided for by
pre-existing law; nor employ any one in the name of the State unless authorized by pre-existing
law.
*** SEND ***
*** SSTART 045.0 003.0 0 TX 1876 ***
SEC. 45. The power to change the venue in civil and criminal cases shall be vested in the courts,
to be exercised in such manner as shall be provided by law; and the legislature shall pass laws for
that purpose.
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*** SSTART 046.0 003.0 0 TX 1876 ***
SEC. 46. The legislature shall, at its first session after the adoption of this constitution, enact
effective vagrant laws.
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*** SSTART 047.0 003.0 0 TX 1876 ***
SEC. 47. The legislature shall pass laws prohibiting the establishment of lotteries and gift
enterprises in this State, as well as the sale of tickets in lotteries, gift enterprises, or other
evasions involving the lottery principle, established or existing in other States.
*** SEND ***
*** SSTART 048.0 003.0 0 TX 1876 ***
SEC. 48. The legislature shall not have the right to levy taxes or impose burdens upon the people,
except to raise revenue sufficient for the economical administration of the government, in which
may be included the following purposes:
The payment of all interest upon the bonded debt of the State;
The erection and repairs of public buildings;
The benefit of the sinking-fund, which shall not be more than two per centum of the public debt;
and for the payment of the present floating debt of the State, including matured bonds for the
payment of which the sinking-fund is inadequate;
The support of public schools, in which shall be included colleges and universities established by
the State; and the maintenance and support of the Agricultural and Mechanical College of Texas;
The payment of the cost of assessing and collecting the revenue, and the payment of all officers,
agents, and employees of the State government, and all incidental expenses connected therewith;
The support of the blind asylum, the deaf and dumb asylum, and the insane asylum, the State
cemetery, and the public grounds of the State;
The enforcement of quarantine regulations on the coast of Texas;
The protection of the frontier.
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*** SSTART 049.0 003.0 0 TX 1876 ***
SEC. 49. No debt shall be created by or on behalf of the State, except to supply casual
deficiencies of revenue, repel invasion, suppress insurrection, defend the State in war, or pay
existing debt; and the debt created to supply deficiencies in the revenue shall never exceed in the
aggregate at any one time two hundred thousand dollars.
*** SEND ***
*** SSTART 050.0 003.0 0 TX 1876 ***
SEC. 50 The legislature shall have no power to give or to lend, or to authorize the giving or
lending, of the credit of the State in aid of, or to any person, association, or corporation, whether
municipal or other; or to pledge the credit of the State in any manner whatsoever for the payment
of the liabilities, present or prospective, of any individual, association of individuals, municipal
or other corporation whatsoever.
*** SEND ***
*** SSTART 051.0 003.0 0 TX 1876 ***
SEC. 51. The legislature shall no power to make any grant, or authorize the making of any grant,
of public money to any individual, association of individuals, municipal or other corporation
whatsoever: Provided, That this shall not be so construed as to prevent the grant of aid in case of
public calamity.
*** SEND ***
*** SSTART 052.0 003.0 0 TX 1876 ***
SEC. 52. The legislature shall have no power to authorize any county, city, town, or other
political corporation, or subdivision of the State, to lend its credit or to grant public money or
thing of value, in aid of or to any individual, association, or corporation whatsoever; or to
become a stockholder in such corporation, association, or company.
*** SEND ***
*** SSTART 053.0 003.0 0 TX 1876 ***
SEC. 53. The legislature shall have no power to grant, or to authorize any county or municipal
authority to grant, any extra compensation, fee, or allowance to a public officer, agent, servant, or
contractor after service has been rendered or a contract has been entered into and performed in
whole or in part; nor pay, nor authorize the payment of, any claim created against any county or
municipality or the State, under any agreement or contract, made without authority of law.
*** SEND ***
*** SSTART 054.0 003.0 0 TX 1876 ***
SEC. 54. The legislature shall have no power to release or alienate any lien held by the State
upon any railroad, or in anywise change the tenor or meaning, or pass any act explanatory
thereof; but the same shall be enforced in accordance with the original terms upon which it was
acquired.
*** SEND ***
*** SSTART 055.0 003.0 0 TX 1876 ***
SEC. 55. The legislature shall have no power to release or extinguish, or to authorize the
releasing or extinguishing, in whole or part, the indebtedness, liability, or obligation of any
incorporation or individual to this State, or to any county, or other municipal corporation therein.
*** SEND ***
*** SSTART 056.0 003.0 0 TX 1876 ***
SEC. 56. The legislature shall not, except as otherwise provided in this constitution, pass any
local or special law, authorizing-
The creation, extension, or repairing of liens;
Regulating the affairs of counties, cities, towns, wards, or school districts;
Changing the names of persons or places; changing the venue in civil or criminal cases;
Authorizing the laying out, opening, altering or maintaining of roads, highways, streets, or alleys;
Relating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection
of bridges crossing streams which form boundaries between this and any other State;
Vacating roads, town-plats, streets, or alleys;
Relating to cemeteries, graveyards, or public grounds not of the State;
Authorizing the adoption or legitimation of children;
Locating or changing county-seats;
Incorporating cities, towns, or villages, or changing their charters;
For the opening and conducting of elections, or fixing or changing the places of voting;
Granting divorces;
Creating offices, or prescribing the powers and duties of officers, in counties, cities, towns,
election or school districts;
Changing the law of descent or succession;
Regulating the practice or jurisdiction of or changing the rules of evidence in any judicial
proceeding or inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators, or
other tribunals, providing or changing methods for the collection of debts, or the forcing of
judgments, or prescribing the effect of judicial sales of real estate;
Regulating the fees, or extending the powers and duties of aldermen, justices of the peace,
magistrates, or constables;
Regulating the management of public schools, the building or repairing of school-houses, and the
raising of money for such purposes
Fixing the rate of interest;
Affecting the estates of minors or persons under disability;
Remitting fines, penalties, and forfeitures, and refunding moneys legally paid into the treasury;
Exempting property from taxation;
Regulating labor, trade, mining, and manufacturing;
Declaring any named person of age;
Extending the time for the assessment or collection of taxes, or otherwise relieving any assessor
or collector of taxes from the due performance of his official duties, or his securities from
liability;
Giving effect to informal or invalid wills or deeds;
Summoning or impanelling grand or petit juries-,
For limitation of civil or criminal actions;
For incorporating railroads or other works of internal improvements;
And in all other cases where a general law can be made applicable, no local or special law shall
be enacted: Provided, That nothing herein contained shall be construed to prohibit the legislature
from passing special laws for the preservation of the game and fish of this State in certain
localities.
*** SEND ***
*** SSTART 057.0 003.0 0 TX 1876 ***
SEC. 57. No local or special law shall be passed, unless notice of the intention to apply therefor
shall have been published in the locality where the matter or thing to be affected may be situated,
which notice shall state the substance of the contemplated law, and shall be published at least
thirty days prior to the introduction into the legislature of such bill and in the manner to be
provided by law. The evidence of such notice having been published shall be exhibited in the
legislature before such act shall be passed.
*** SEND ***
*** SSTART 058.0 003.0 0 TX 1876 ***
SEC. 58. The legislature shall hold its sessions at the city of Austin, which is hereby declared to
be the seat of government.
*** SEND ***
*** AEND ***
*** ASTART 004.0 TX 1876 ***
ARTICLE IV

EXECUTIVE DEPARTMENT

*** SSTART 001.0 004.0 0 TX 1876 ***
SECTION 1. The executive department of the State shall consist of a governor, who shall be the
chief executive officer of the State, a lieutenant-governor, secretary of state, com troller of public
accounts, treasurer, commissioner of the general land-office, and attorney-general.
*** SEND ***
*** SSTART 002.0 004.0 0 TX 1876 ***
SEC. 2. All the above officers of the executive department (except secretary of state) shall be
elected by the qualified voters of the State at the time and places of election for members of the
legislature.
*** SEND ***
*** SSTART 003.0 004.0 0 TX 1876 ***
SEC. 3. The returns of every election for said executive officers, until otherwise provided by law,
shall be made out, sealed up, and transmitted by the returning-officers prescribed by law, to the
seat of government, directed to the secretary of state, who shall deliver the same to the speaker of
the house of representatives, as soon as the speaker shall be chosen; and the said speaker shall,
during the first week of the session of the legislature, open and publish them in the presence of
both houses of the legislature. The person voted for at said election having the highest number of
votes for each of said offices respectively, and being constitutionally eligible, shall be declared
by the speaker, under sanction of the legislature, to be elected to said office. But if two or more
persons shall have the highest and an equal number of votes for either of said offices one of them
shall be immediately chosen to such office by joint vote of both houses of the legislature.
Contested elections for either of said offices shall be determined by both houses of the legislature
in joint session.
*** SEND ***
*** SSTART 004.0 004.0 0 TX 1876 ***
SEC. 4. The governor shall be installed on the first Tuesday after the organization of the
legislature, or as soon thereafter as practicable, and shall hold his office for the term of two years,
or until his successor shall be duly installed. He shall be at least thirty years of age, a citizen of
the United States, and shall have resided in this State at least five years immediately preceding
his election.
*** SEND ***
*** SSTART 005.0 004.0 0 TX 1876 ***
SEC. 5. He shall, at stated times, receive as compensation for his services an annual salary of
four thousand dollars and no more, and shall have the use and occupation of the governor's
mansion, fixtures, and furniture.
*** SEND ***
*** SSTART 006.0 004.0 0 TX 1876 ***
SEC. 6. During the time he holds the office of governor he shall not hold any other office, civil,
military, or corporate; nor shall he practice any profession, and receive compensation, reward,
fee, or the promise thereof for the same; nor receive any salary, reward, or compensation, or the
promise thereof, from any person or corporation, for any service rendered or performed during
the time he is governor, or to be thereafter rendered or performed.
*** SEND ***
*** SSTART 007.0 004.0 0 TX 1876 ***
SEC. 7. He shall be commander-in-chief of the military forces of the State, except when they are
called into actual service of the United States. He shall have power to call forth the militia to
execute the laws of the State, to suppress insurrections, repel invasions, and protect the frontier
from hostile incursions by Indians or other predatory bands.
*** SEND ***
*** SSTART 008.0 004.0 0 TX 1876 ***
SEC. 8. The governor may, on extraordinary occasions, convene the legislature at the seat of
government, or at a different place in case that should be in possession of the public enemy or in
case of the prevalence of disease thereat. His proclamation therefor should state specifically the
purpose for which the legislature is convened.
*** SEND ***
*** SSTART 009.0 004.0 0 TX 1876 ***
SEC. 9. The governor shall, at the commencement of each session of the legislature, and at the
close of his term of office, give to the legislature information, by message, of the condition of the
State; and he shall recommend to the legislature such measures as he may deem expedient. He
shall account to the legislature for all public moneys received and paid out by him from any
funds subject to his order, with vouchers; and shall accompany his message with a statement of
the same. And at the commencement of each regular session he shall present estimates of the
amount of money required to be raised by taxation for all purposes.
*** SEND ***
*** SSTART 010.0 004.0 0 TX 1876 ***
SEC. 10. He shall cause the laws to be faithfully executed; and shall conduct, in person, or in
such manner as shall be prescribed by law, all intercourse and business of the State with other
States and with the United States.
*** SEND ***
*** SSTART 011.0 004.0 0 TX 1876 ***
SEC. 11. In all criminal cases, except treason and impeachment, he shall have power, after
conviction, to grant reprieves, commutations of punishment, 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 remissions of fines and forfeitures, or grants of reprieve,
commutation of punishment, or pardon, he shall file in the office of the secretary of state his
reasons therefor.
*** SEND ***
*** SSTART 012.0 004.0 0 TX 1876 ***
SEC. 12. All vacancies in State or district offices, except members of the legislature, shall be
filled, unless otherwise provided by law, by appointment of the governor, which appointment, if
made during its session,.shall be with the advice and consent of two-thirds of the senate present.
If made during the recess of the senate, the said appointee, or some other person to fill such
vacancy, shall be nominated to the senate during the first ten days of its session. If rejected, said
office shall immediately become vacant, and the governor shall, without delay, make further
nominations, until a confirmation takes place. But should there be no confirmation during the
session of the senate, the governor shall not thereafter appoint any person to fill such vacancy
who has been rejected by the senate; but may appoint some other person to fill the vacancy until
the next session of the senate or until the regular election to said office, should it sooner occur.
Appointments to vacancies in office elective by the people shall only continue until the first
general election thereafter.
*** SEND ***
*** SSTART 013.0 004.0 0 TX 1876 ***
SEC. 13. During the session of the legislature the governor shall reside where its sessions are
held and at all other times at the seat of government, except when by act of the legislature he may
be required or authorized to reside elsewhere.
*** SEND ***
*** SSTART 014.0 004.0 0 TX 1876 ***
SEC. 14. Every bill which shall have passed both houses of the legislature shall be presented to
the governor for his approval. If he approve he shall sign it; but if he disapprove it, he shall return
it, with his objections, to the house in which it originated, which house shall enter the objections
at large upon its journal,_and proceed to reconsider it. If, after such reconsideration, two thirds of
the members present agree to pass the bill, it shall be sent with the objections, to the other house,
by which likewise it shall be reconsidered; and, if approved by two-thirds of the members of that
house, it shall become a law; but in such cases the votes of both houses shall be determined by
yeas and nays, and the names of the members voting for and against the bill shall be entered on
the journal of each house respectively. If any bill shall not be returned by the governor with his
objections within ten days (Sundays excepted) after it shall have been presented to him, the same
shall be a law, in like manner as if he had signed it, unless the legislature, by its adjournment,
prevent its return; in which case it shall be a law, unless he shall file the same, with his
objections, in the office of the secretary of state, and give notice thereof by public proclamation
within twenty days after such adjournment. If any bill presented to the governor contains several
items of appropriation, he may object to one or more of such items, and approve the other portion
of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the
items to which he objects, and no item so objected to shall take effect. If the legislature be in
session he shall transmit to the house in which the bill originated a copy of such statement and
the items objected to shall be separately reconsidered. If, on reconsideration, one or more of such
items be approved by two-thirds of the members present of each house, the same shall be part of
the law, notwithstanding the objections of the governor. If any such bill, containing several items
of appropriation, not having been presented to the governor ten days (Sundays excepted) prior to
adjournment, be in the hands of the governor at the time of adjournment, he shall have twenty
days from such adjournment within which to file objections to any items thereof and make
proclamation of the same, and such item or items shall not take effect.
*** SEND ***
*** SSTART 015.0 004.0 0 TX 1876 ***
SEC. 15. Every order, resolution, or vote to which the concurrence of both houses of the
legislature may be necessary, except on questions of adjournment, shall be presented to the
governor. and, before it shall take effect, shall be approved by him; or, being disapproved, shall
be repassed by both houses; and all the rules, provisions, and limitations shall apply thereto as
prescribed in the past. preceding section in the case of a bill.
*** SEND ***
*** SSTART 016.0 004.0 0 TX 1876 ***
SEC. 16. There shall also be a lieutenant-governor, who shall be chosen at every election for
governor by the same electors, in the same manner, continue in office the same time, and possess
the same qualifications. The electors shall distinguish for whom they vote as governor and for
whom as lieutenant-governor. The lieutenant-governor shall by virtue of his office, be president
of the Senate, and shall have, when in committee of the whole, a right to debate and vote on all
questions; and, when the senate is equally divided, to give the casting vote. 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,
return, or his disability be removed.
*** SEND ***
*** SSTART 017.0 004.0 0 TX 1876 ***
SEC. 17. If, during the vacancy in the office of governor, the lieutenant-governor should die,
resign, refuse to serve, or be removed from office, or be unable to serve, or if he shall be
impeached or absent from the State, the president of the senate, for the time being, shall, in like
manner, administer the government until he shall be superseded by a governor or
lieutenant-governor. The lieutenant-governor shall, while he acts as president of the senate,
receive for his services the same compensation and mileage which shall be allowed to the
members of the senate, and no more; and during the time he administers the government, as
governor, he shall receive in like manner the same compensation which the governor would have
received had he been employed in the duties of his office, and no more. The resident, for the time
being, of the senate, shall, during the time he administers the government, receive in like manner
the same compensation which the governor would have received had he been employed in the
duties of his office.
*** SEND ***
*** SSTART 018.0 004.0 0 TX 1876 ***
SEC. 18. The lieutenant-governor or president of the senate succeeding to the office of governor
shall, during the entire term to which he may succeed, be under all the restrictions and inhibitions
imposed in this constitution on the governor.
*** SEND ***
*** SSTART 019.0 004.0 0 TX 1876 ***
SEC. 19. There shall be a seal of the State, which shall be kept by the secretary of state, and used
by him officially under the direction' of the governor. The seal of the State shall be a star of five
points, encircled by olive and live-oak branches, and the words "The State of Texas."
*** SEND ***
*** SSTART 020.0 004.0 0 TX 1876 ***
SEC. 20. All commissions shall be in the name and by the authority of the State of Texas, sealed
with the State seal, signed by the governor, and attested by the secretary of state.
*** SEND ***
*** SSTART 021.0 004.0 0 TX 1876 ***
SEC. 21. There shall be a secretary of state, who shall be appointed by the governor, by and with
the advice and consent of the senate, and who shall continue in office during the term of service
of the governor. He shall authenticate the publication of the laws, and keep a fair register of all
official acts and proceedings of the governor, and shall, when required, lay the same and all
papers, minutes, and vouchers relative thereto before the legislature, or either house thereof, and
shall perform such other duties as may be required of him by law. He shall receive for his
services an annual salary of two thousand dollars, and no more.
*** SEND ***
*** SSTART 022.0 004.0 0 TX 1876 ***
SEC. 22. The attorney-general shall hold his office for two years and until his successor is duly
qualified. He shall represent the State in all suits and pleas in the supreme court of the State in
which the State may be a party, and shall especially inquire into the charter rights of all private
corporations, and, from time to time, in the name of the State take such action in the courts as
may be proper and necessary to prevent any private corporation from exercising any power or
demanding or collecting any species of taxes, tolls, freight, or wharfage not authorized by law.
He shall, whenever sufficient cause exists, seek a judicial forfeiture of such charters, unless
otherwise expressly directed by law, and give legal advice, in writing, to the governor and other
executive officers, when requested by them, and perform such other duties as may be required by
law. He shall reside at the seat of government during his continuance in office. He shall receive
for his services an annual salary of two thousand dollars, and no more, besides such fees as may
be prescribed by law: Provided, That the fees which he may receive shall not amount to more
than two thousand dollars annually.
*** SEND ***
*** SSTART 023.0 004.0 0 TX 1876 ***
SEC. 23. The comptroller of public accounts, the treasurer, and the commissioner of the general
land-office shall each hold office for the term of two years, and until his successor is qualified;
receive an annual salary of two thousand and five hundred dollars, and no more; reside at the
capital of the State during his continuance in office, and perform such duties as are or may be
required of him by law. They and the secretary of state shall not receive to their own use any fees,
costs, or perquisites of office. All fees that may be payable by law for any service performed by
any officer specified in this section, or in his office, shall be paid, when received, into the State
treasury.
*** SEND ***
*** SSTART 024.0 004.0 0 TX 1876 ***
SEC. 24. An account shall be kept by the officers of the executive department and by all officers
and managers of State institutions of all moneys and choses in action received and disbursed, or
otherwise disposed of by them, severally, from all sources, and for every service performed; and
a semi-annual report thereof shall be made to the governor under oath. The governor may at any
time require information in writing from any and all of said officers or managers upon any
subject relating to the duties, condition, management, and expenses of their respective offices
and institutions, which information shall be required by the governor under oath; and the
governor may also inspect their books, accounts, vouchers and public funds; and any officer or
manager who at any time shall willfully make a false report or give false information shall be
guilt of perjury, and so adjudged and punished accordingly, and remove from office.
*** SEND ***
*** SSTART 025.0 004.0 0 TX 1876 ***
SEC. 25. The legislature shall pass efficient laws facilitating the investigation of breaches of trust
and duty by all custodians of public funds, and providing for their suspension from office on
reasonable cause shown, and for the appointment of temporary incumbents of their offices during
such suspension.
*** SEND ***
*** SSTART 026.0 004.0 0 TX 1876 ***
SEC. 26. The governor, by and with the advice and consent of two-thirds of the state, shall
appoint a convenient number of notaries public for each county, who shall perform such duties as
now are or may be prescribed by law.
*** SEND ***
*** AEND ***
*** ASTART 005.0 TX 1876 ***

ARTICLE V
JUDICIAL  DEPARTMENT
*** SSTART 001.0 005.0 0 TX 1876 ***
SECTION 1. The judicial power of this State shall be vested in one Supreme Court, in a Court of
Appeals, in District Courts, in County Courts, in Commissioners' Courts, in Courts of Justices of
the Peace, and in such other courts and may be established by law. The Legislature may establish
Criminal District Courts with such jurisdiction as it may prescribe, but no such court shall be
established unless the district includes a city containing at least thirty thousand inhabitants as
ascertained by the census of the United States or other official census; provided, such town or
city shall support said Criminal District Courts when established. The Criminal District Court of
Galveston and Harris counties shall continue with the district, jurisdiction and organization now
existing by law, until otherwise provided by law.
*** SEND ***
*** SSTART 002.0 005.0 0 TX 1876 ***
SEC. 2. The supreme court shall consist of a chief-justice and two associate justices, any two of
whom shall constitute a quorum, and the concurrence of two judges shall be necessary to the
decision of a case. No person shall be eligible to the office of chief-justice or associate justice of
the supreme court unless he be at the time of his election a citizen of the United States and of this
State, and unless he shall have attained the age of thirty years, and shall have been a practising
lawyer or a judge of a court in this State, or such lawyer and judge together, at least seven years.
Said chief-justice and associate justices shall be elected by the qualified voters of the State at a
general election, shall hold their offices for six years, and shall each receive an annual salary of
not more than three thousand five hundred and fifty dollars. In case of a vacancy in the office of
chief-justice or associate justice of the supreme court, the governor shall fill the vacancy until the
next general election for State officers, and at such general election the vacancy for the unexpired
term shall be filled by election by the qualified voters of the State.
*** SEND ***
*** SSTART 003.0 005.0 0 TX 1876 ***
SEC. 3. The supreme court shall have appellate jurisdiction only, which shall be contractual
organization-extensive with the limits of the State, but shall only extend to civil cases, of which
the district courts have original or appellate jurisdiction. Appeals may be allowed from
interlocutory judgments of the district courts, in such cases and under such regulations as may be
provided by law. The supreme court and the judges thereof shall have power to issue, under such
regulations as may be prescribed by law, the writ of mandamus and all other writs necessary to
enforce the jurisdiction of said court. The supreme court shall have power upon affidavit or
otherwise, as by the court may be thought proper, to ascertain such matters of fact as may be
necessary to the proper exercise of its jurisdiction. The supreme court shall sit for the transaction
of business from the first Monday in October until the last Saturday of June of every year, at the
seat of government, and at not more than two other places in the State.
*** SEND ***
*** SSTART 004.0 005.0 0 TX 1876 ***
SEC. 4. The supreme court shall appoint a clerk for each place at which it may sit, and each of
said clerks shall give bond in such manner as is now or may hereafter be required by law; shall
hold his office for four years, and shall be subject to removal by said court for good cause entered
of record on the minutes of said court.
*** SEND ***
*** SSTART 005.0 005.0 0 TX 1876 ***
SEC. 5. The court of appeals shall consist of three judges, any two of whom shall constitute a
quorum, and the concurrence of two judges shall be necessary to a decision of said court. They
shall be elected by the qualified voters of the State at a general election. They shall be citizens of
the United States and of this State; shall have arrived at the age of thirty years at the time of
election; each shall have been a practising lawyer or a judge of a court in this State, or such
lawyer and judge together, for at least seven years. Said judges shall hold their offices for a term
of six years, and each of them shall receive an annual salary of three thousand five hundred and
fifty dollars, which shall not be increased or diminished during their term of office.
*** SEND ***
*** SSTART 006.0 005.0 0 TX 1876 ***
SEC. 6. The court of appeals shall have appellate jurisdiction, coextensive with the limits of the
State, in all criminal cases, of whatever grade, and in all civil cases, unless hereafter otherwise
provided by law, of which the county courts have original or appellate jurisdiction. In civil cases
its opinions shall not be published unless the publication of such opinions be required by law.
The court of appeals and the judges thereof shall have power to issue the writ of habeas corpus,
and under such regulation as may be prescribed by law issue such writs as may be necessary to
enforce its own jurisdiction. The court of appeals shall have power upon affidavits or otherwise,
as by the court may be thought proper, to ascertain such matters of fact as may be necessary to
the exercise of its jurisdiction. The court of appeals shall sit for the transaction of business from
the first Monday of October until the last Saturday of June of every year, at the capital, and at not
more than two other places in the State, at which the supreme court shall hold its sessions. The
court shall appoint a clerk for each place at which it may sit, and each of said clerks shall give
bond in such manner as is now or may hereafter be required by law, shall hold his office for four
years, and shall be subject to removal by the said court for good cause, entered of record on the
minutes of said court.
*** SEND ***
*** SSTART 007.0 005.0 0 TX 1876 ***
SEC. 7. The State shall be divided into twenty-six judicial districts, which may be increased or
diminished by the legislature. For each district there shall be elected by the qualified voters
thereof, at a general election for members of the legislature, a judge, who shall be at least
twenty-five years of age, shall be a citizen of the United States, shall have been a practising
attorney or a judge of a court in this State for the period of four years, and shall have resided in
the district in which he is elected for two years next before his election; shall reside in his district
during his term of office; shall hold his office for the term of four years; shall receive an annual
salary of twenty-five hundred dollars, which shall not be increased or diminished during his term
of service, and shall hold the regular term of court at one place in each county in the district twice
in each year, in such manner as may be prescribed by law. The legislature shall have power by
general act to authorize the holding of special terms when necessary, and to provide for holding
more than two terms of the court in any county for the dispatch of business, and shall provide for
the holding of district courts, when the judge thereof is absent or is from any cause disabled or
disqualified from presiding.
*** SEND ***
*** SSTART 008.0 005.0 0 TX 1876 ***
SEC. 8. The district court shall have original jurisdiction in criminal cases of the grade of felony;
of all suits in behalf of the State to recover penalties, forfeitures, and escheats; of all cases of
divorce; in cases of misdemeanors involving official misconduct; of all suits to recover damages
for slander or defamation of character; of all suits for the trial of title to land, and for the
enforcement of liens thereon; of all suits for trial of right to property levied on by virtue of any
writ of execution, sequestration, or attachment, when the property levied on shall be equal to or
exceed in value five hundred dollars, and of all suits, complaints, or pleas whatever, without
regard to any distinction between law and equity, when the matter in controversy shall be valued
at or amount to five hundred dollars, exclusive of interest; and the said courts and the judges
thereof shall have power to issue writs of habeas corpus in felony cases, mandamus, injunction,
certiorari, and all writs necessary to enforce their jurisdiction. The district courts shall have
appellate jurisdiction and general control in probate matters over the county court established in
each county for appointing guardians, granting letters testamentary and of administration, for
settling the accounts of executors, administrators, and guardians, and for the transaction of
business appertaining to estates; and original jurisdiction and general control over executors,
administrators, guardians, and minors, under such regulations as may be prescribed by the
legislature.  All cases now pending in the supreme court, of which the court of appeals has
appellate jurisdiction under the provisions of said article, shall, as soon as practicable after the
establishment of said court of appeals, be certified, and the records transmitted to the court of
appeals, and shall be decided by such court of appeals as if the same had been originally appealed
to such court.
*** SEND ***
*** SSTART 009.0 005.0 0 TX 1876 ***
SEC. 9. There shall be a clerk for the district court of each county, who shall be elected by the
qualified voters for the State and county officers, and who shall old his office for two years,
subject to removal by information, or by indictment of a grand jury and conviction by a petit jury.
In case of vacancy the ste of the district court shall have the power to appoint a clerk, who , all
hold until the office can be filled by election.
*** SEND ***
*** SSTART 010.0 005.0 0 TX 1876 ***
SEC. 10. In the trial of all causes in the district courts, the plaintiff or defendant shall, upon
application made in open court, have the right of trial by jury; but no jury shall be impaneled in
any civil case unless demanded by a party to the case, and a jury fee be paid by the party
demanding a jury, for such sum and withy such exceptions as may be prescribed by the
legislature.
*** SEND ***
*** SSTART 011.0 005.0 0 TX 1876 ***
SEC. 11. No judge shall sit in any case wherein he may be interested, where either of the parties
may be connected with him by affinity or consanguinity, within such degree as may be prescribed
by law, or where he shall have been counsel in the case. When the Supreme Court, or the
Appellate Court, or any two of the members of either, shall be thus disqualified to hear and
determine any case or cases in said court, the same shall be certified to the governor of the State,
who shall immediately commission the requisite number of persons learned in the law, for the
trial and determination of said cause or causes. When a judge of the District Court is disqualified
by any of the causes above stated, the parties may, by consent, appoint a proper person to try said
case; or, upon their failing to do so, a competent person may be appointed to try the same in the
county where it is pending, in such manner as may be prescribed by law. And the district judges
may exchange districts or hold courts for each other, when they may deem it expedient, and shall
do so when directed by law. The disqualification of judges of inferior tribunals shall be remedied,
and vacancies in their offices shall be filled, as prescribed by law. 
*** SEND ***
*** SSTART 012.0 005.0 0 TX 1876 ***
SEC. 12. All judges of the Supreme Court, Court of Appeals 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 013.0 005.0 0 TX 1876 ***
SEC. 13. Grand and petit juries in the district courts shall be composed of twelve men; but nine
members of a grand jury shall be a quorum to transact business and present bills in trials of civil
cases, and in trials of criminal cases below the grade of felony in the district courts, nine
members of the jury, concurring, may render a verdict; but when the verdict shall be rendered by
less than the whole number it shall be signed by every member of the jury concurring in it. When
pending the trial of any case one or more jurors, not exceeding three, may die, or be disabled
from sitting, the remainder of the jury shall have the power to render the verdict: Provided, That
the legislature may change or modify the rule authorizing less than the whole number of the jury
to render a verdict.
*** SEND ***
*** SSTART 014.0 005.0 0 TX 1876 ***
SEC. 14. The judicial districts in this State and the time of holding the courts therein are fixed by
ordinance forming part of this constitution, until otherwise provided by law.
*** SEND ***
*** SSTART 015.0 005.0 0 TX 1876 ***
SEC. 15. There shall be established in each county in this State a county court, which shall be a
court of record, and there shall be elected in each county, by the qualified voters, a county judge,
who shall be well informed in the law of the State, shall be a conservator of the peace, and shall
hold his office for two years, and until his successor shall be, elected and qualified. He shall
receive as a compensation for his services such fees and perquisites as may be prescribed by law.
*** SEND ***
*** SSTART 016.0 005.0 0 TX 1876 ***
SEC. 16. The County Court shall have original jurisdiction of all misdemeanors, of which
exclusive original jurisdiction is not given to the Justice's Court, as the same are now or may be
hereafter prescribed by law, and when the fine to be imposed shall exceed two hundred dollars;
and they shall have exclusive original jurisdiction in all civil cases when the matter in
controversy shall exceed in value two hundred dollars, and not exceed five hundred dollars,
exclusive of interest; and concurrent jurisdiction with the District Courts, when the matter in
controversy shall exceed five hundred and not exceed one thousand dollars, exclusive of interest,
but shall not have jurisdiction of suits for the recovery of land. They shall have appellate
jurisdiction in cases, civil and criminal, of which Justices' Courts have original jurisdiction, but
of such civil cases only when the judgment of the court appealed from, shall exceed twenty
dollars exclusive of costs, under such regulations as may be prescribed by law. In all appeals
from Justices' Courts, there shall be a trial de novo in the County Court, and when the judgment
rendered or fine imposed by the County Court shall not exceed one hundred dollars such trial
shall be final, but if the judgment rendered or fine imposed shall exceed one hundred dollars, as
well as in all cases, civil and criminal, of which the County Court has exclusive or concurrent
original jurisdiction, an appeal shall lie to the Court of Appeals, under such regulations as may be
prescribed by law. The County Courts shall have the general jurisdiction of a Probate Court.
They shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos
mentis, and common drunkards, grant letters testamentary and of administration, settle accounts
of executors, administrators and guardians, transact all business appertaining to the estates of
deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunkards,
including the settlement, partition and distribution of estates of deceased persons, and to
apprentice minors, as provided by law. And the County Courts, or judges thereof, shall have
power to issue writs of mandamus, injunction, and all other writs necessary to the enforcement of
the jurisdiction of said courts, and to issue writs of habeas corpus in cases where the offense
charged is within the jurisdiction of the County Court, or any other court or tribunal inferior to
said court. The County Court shall not have criminal jurisdiction in any county were there is a
Criminal District Court, unless expressly conferred by law; and in such counties appeals from
Justices' Courts and other inferior courts and tribunals, in criminal cases shall be to the Criminal
District Courts under such regulations as may be prescribed by law, and in all such cases an
appeal shall lie from such District Courts to the Court of Appeals. Any case pending in the
County Court, which the county judge may be disqualified to try, shall be transferred to the
District Court of the same county for trial; and where there exists any cause disqualifying the
county judge for the trial of a cause of which the County Court has jurisdiction, the District Court
of such county shall have original jurisdiction of such cause.
*** SEND ***
*** SSTART 017.0 005.0 0 TX 1876 ***
SEC. 17. The county court shall hold a term for civil business at least once in every two months,
and shall dispose of probate business, either in term time or vacation, as may be provided by law;
and said court shall hold a term for criminal business once in every month, as may be provided
by law. Prosecutions may be commenced in said court by information filed by the county
attorney or by affidavit, as may be provided by law. Grand juries impaneled in the district courts
shall inquire into misdemeanors, and all indictments therefor returned into the district courts
shall forthwith be certified to the county courts, or other inferior courts having jurisdiction to try
them, for trial; and if such indictment be quashed in the county or other inferior court the person
charged shall not be discharged if there is probable cause of guilt, but may be held by such court
or magistrate to answer an information or affidavit. A jury in the county court shall consist of six
men; but no jury shall be impanelled to try a civil case, unless demanded by one of the parties,
who shall pay such jury fee therefor in advance, as may be prescribed by law, unless he makes
affidavit that he is unable to pay the same.
*** SEND ***
*** SSTART 018.0 005.0 0 TX 1876 ***
SEC. 18. Each organized county, in the State now or hereafter existing shall be divided from time
to time, for the convenience of the people, into precincts, not less than four and not more than
eight. The present county courts shall make the first division. Subsequent divisions shall be made
by the commissioners' court, provided for by this constitution. In each such precinct there shall
be elected at each biennial election one justice of the peace and one constable, each of whom
shall hold his office for two years and until his successor shall be elected and qualified: Provided,
That in any precinct in which there may be a city of eight thousand or more inhabitants there
shall be elected two justices of the peace. Each county shall in like manner be divided into four
commissioners' precincts, in each of which there shall be elected by the qualified voters thereof
one county commissioner, who shall hold his office for two years and until his successor shall be
elected and qualified. The county commissioners so chosen, with the county judge as presiding
officer, shall compose the county commissioners' court, which shall exercise such powers and
jurisdiction over all county business as is conferred by this constitution and the laws of this State,
or as may be hereafter prescribed.
*** SEND ***
*** SSTART 019.0 005.0 0 TX 1876 ***
SEC. 19. Justices of the peace shall have jurisdiction in criminal matters of all cases where the
penalty of fine to be imposed by law may not be more than for two hundred dollars, and in civil
matters of all cases where the amount in controversy is two hundred dollars or less, exclusive of
interest, of which exclusive original jurisdiction is not given to the district or county courts; and
such other jurisdiction, criminal and civil, as may be provided by law, under such regulations as
may be prescribed by law; and appeals to the county courts shall be allowed in all cases decided
in justices' courts where the judgment is for more than twenty dollars, exclusive of costs, and in
all criminal cases, under such regulations as may be bed by law. And the justices of the peace
shall be ex officio notaries public, and they shall hold their courts at such times and places as
may be provided by law.
*** SEND ***
*** SSTART 020.0 005.0 0 TX 1876 ***
SEC. 20. There shall be elected for each county, by the qualified voters, a county clerk, who shall
hold his office or two years, who shall be clerk of the county and commissioners' courts and
recorder of the county, whose duties, perquisites, and fees of office shall be prescribed by the
legislature, and a vacancy in whose office shall be filled by the commissioners' court until the
next general election for county and State officers: Provided, That in counties having a
population of less than eight thousand persons there may be an election of a single clerk, who
shall perform the duties of district and county clerks.
*** SEND ***
*** SSTART 021.0 005.0 0 TX 1876 ***
SEC. 21. A county attorney, for counties in which there is not a resident criminal district
attorney, shall be elected by the qualified voters of each county, who shall be commissioned by
the governor, and hold his office for the term of two years. In case of vacancy the commissioners'
court of the county shall have power to appoint a county attorney until the next general election.
The county attorneys shall represent the State in all cases in the district and inferior courts in
their respective counties; but if any county shall be included  in a district in which there shall be a
district. attorney, the respective duties of district attorneys and county attorneys shall in such
counties be regulated by the legislature. The legislature may provide for the election of district
attorneys in such districts as may be deemed necessary, and make provision for the compensation
of district attorneys and county attorneys: Provided, District attorneys shall receive an annual
salary of five hundred dollars to be paid by the State, and such fees, commissions, and perquisites
as may be provided by law. County attorneys shall receive as compensation only such fees,
commissions, and perquisites as may be prescribed by law.
*** SEND ***
*** SSTART 022.0 005.0 0 TX 1876 ***
SEC. 22. The legislature shall have power, by local or general law, to increase, diminish, or
change the civil and criminal jurisdiction of county courts; and in cases of any such change of
jurisdiction the legislature shall also conform the jurisdiction of the other courts to such change.
*** SEND ***
*** SSTART 023.0 005.0 0 TX 1876 ***
SEC. 23. There shall be elected by the qualified voters of each county a sheriff, who shall hold
his office for the term of two years, whose duties and perquisites and fees of office shall be
prescribed by the legislature, and vacancies in whose office shall be filled by the commissioners'
court until the next general election for county or State officers.
*** SEND ***
*** SSTART 024.0 005.0 0 TX 1876 ***
SEC. 24. County judges, county attorneys, clerks of the district and county courts, justices of the
peace, constables, and other county officers may be removed by the judges of the district courts
for incompetency, official misconduct, habitual drunkenness, or other causes defined by law,
upon the cause therefor being set forth in writing and the finding of its truth by a jury.
*** SEND ***
*** SSTART 025.0 005.0 0 TX 1876 ***
SEC. 25. The Supreme Court shall have power to make rules and regulations for the government
of said court, and the other courts of the State, to regulate proceedings and expedite the dispatch
of business therein.
*** SEND ***
*** SSTART 026.0 005.0 0 TX 1876 ***
SEC. 26. The State shall have no right of appeal in criminal cases.
*** SEND ***
*** SSTART 027.0 005.0 0 TX 1876 ***
SEC. 27. The legislature shall, at its first session, provide for the transfer of all business, civil
and criminal, pending in district courts, over which jurisdiction is given by this constitution to
the county courts or other inferior courts, to such county or inferior courts, and for the trial or
disposition of all such causes by such county or other inferior courts.
*** SEND ***
*** SSTART 028.0 005.0 0 TX 1876 ***
SEC. 28. Vacancies in the office of judges in the supreme court, of the court of appeals, and
district court shall be filled by the governor until the next succeeding general election; and
vacancies in the office of county judge and justices of the peace shall be filled by the
commissioners' court until the next general election for such offices.
*** SEND ***
*** AEND ***
*** ASTART 006.0 TX 1876 ***
ARTICLE VI

SUFFRAGE

*** SSTART 001.0 006.0 0 TX 1876 ***
SECTION 1. The following classes of persons shall not be allowed to vote in this State, to wit:
First--Persons under twenty-one years of age.
Second--Idiots and lunatics.
Third--All paupers supported by any county.
Fourth--All persons convicted of any felony, subject to such exceptions as the Legislature may
make.
Fifth--All soldiers, marines and seamen, employed in the service of the army or navy of the
United States. 
*** SEND ***
*** SSTART 002.0 006.0 0 TX 1876 ***
SEC. 2. Every male person subject to none of the foregoing disqualifications, who shall have
attained the age of twenty-one years, and who shall be a citizen of the United States, and who
shall have resided in this State one year next preceding an election, and the last six months within
the district or county in which be offers to vote, shall be deemed a qualified elector; and every
male person of foreign birth, subject to none of the foregoing disqualifications, who, at any time
before an election, shall have declared his intention to become a citizen of the United States, in
accordance with the Federal naturalization laws, and shall have resided in this State one year next
preceding such election, and the last six months in the county in which he offers to vote, shall
also be deemed a qualified elector; and all electors shall vote in the election-precinct of their
residence: Provided, That electors living in any unorganized county may vote at any
election-precinct in the county to which such county is attached for judicial purposes.
*** SEND ***
*** SSTART 003.0 006.0 0 TX 1876 ***
SEC. 3. All qualified electors of the State, as herein described, who shall have resided for six
months immediately preceding an election within the limits of any city or corporate town shall
have the right to vote for mayor and all other elective officers; but in all elections to determine
expenditure of money or assumption of debt only those shall be qualified to vote who pay taxes
on property in said city or incorporated town: Provided, That no poll-tax for the payment of debts
thus incurred shall be levied upon the persons debarred from voting in relation thereto.
*** SEND ***
*** SSTART 004.0 006.0 0 TX 1876 ***
SEC. 4. In all elections by the people the vote shall be by ballot, and the Legislature shall provide
for the numbering of tickets and make such other regulations as may be necessary to detect and
punish fraud and preserve the purity of the ballot box; but no law shall ever be enacted requiring
a registration of the voters of this State.
*** SEND ***
*** SSTART 005.0 006.0 0 TX 1876 ***
SEC. 5. Voters shall in all cases, except treason, felony, or breach of the peace, be privileged
from arrest during their attendance at elections, and in going to and returning therefrom.
*** SEND ***
*** AEND ***
*** ASTART 007.0 TX 1876 ***
ARTICLE VII

EDUCATION-THE PUBLIC FREE SCHOOLS

*** SSTART 001.0 007.0 0 TX 1876 ***
SECTION 1. A general diffusion of knowledge being essential to the preservation of the liberties
and rights of the people, it shall be the duty of the legislature of the State to establish and make
suitable provision for the support and maintenance of an efficient system of public free schools.
*** SEND ***
*** SSTART 002.0 007.0 0 TX 1876 ***
SEC. 2. All funds, lands, and other property heretofore set apart and appropriated for the support
of public schools; all the alternate sections of land reserved by the State out of grants heretofore
made, or that may hereafter be made, to railroads or other corporations of any nature whatsoever;
one-half of the public domain of the State; and all sums of money that may come to the State
from the sale of any portion of the same, shall constitute a perpetual public-school fund.
*** SEND ***
*** SSTART 003.0 007.0 0 TX 1876 ***
SEC. 3. There shall be set apart annually not more than one-fourth of general revenue of the
State, and a poll tax of one dollar on all male inhabitants in this State between the ages of
twenty-one and sixty years, for the benefit of the public free schools.
*** SEND ***
*** SSTART 004.0 007.0 0 TX 1876 ***
SEC. 4. The lands herein set apart to the public free school fund shall be sold under such
regulations, at such times and on such terms as may be prescribed by law; and the Legislature
shall not have power to grant any relief to the purchasers thereof. The comptroller shall invest the
proceeds of such sales, and of those heretofore made, as may be directed by the Board of
Education herein provided for, in the bonds of this State, if the same can be obtained, otherwise
in United States bonds; and the United States bonds now belonging to said fund shall likewise be
invested in State bonds, if the same can be obtained on terms advantageous to the school fund.
*** SEND ***
*** SSTART 005.0 007.0 0 TX 1876 ***
SEC. 5. The principal of all bonds and other funds, and the principal arising from the sale of the
lands hereinbefore set apart to Said school-fund, shall be the permanent school-fund; and all the
interest derivable therefrom and the taxes herein authorized and levied shall be the available
school-fund, which shall be applied annually to the support of the public free schools. And no
law shall ever be enacted appropriating any part of the permanent or available school-fund to any
other purpose whatever; nor shall the same or any part thereof ever be appropriated to or used for
the support of any sectarian school; and the available school-fund herein provided shall be
distributed to the several counties according to their scholastic population, and applied in manner
as may be provided by law.
*** SEND ***
*** SSTART 006.0 007.0 0 TX 1876 ***
SEC. 6. All lands heretofore or hereafter granted to the several counties of this State for
education or schools are of right the property of said counties respectively to which they were
granted, and title thereto is vested in said counties, and no adverse possession or limitation shall
ever be available against the title of any county. Each county may sell or dispose of its lands, in
whole or in part, in manner to be provided by the commissioners' court of the county. Actual
settlers residing on said lands shall be protected in the prior right of purchasing the same to the
extent of their settlement, not to exceed one hundred and sixty acres, at the price fixed by said
court, which price shall not include the value of existing improvements made thereon by such
settlers. Said lands and the proceeds thereof, when sold, shall be held by said counties alone as a
trust for the benefit of public schools therein; said proceeds to be invested in bonds of the State
of Texas or of the United States, and only the interest thereon to be used and expended annually.
*** SEND ***
*** SSTART 007.0 007.0 0 TX 1876 ***
SEC. 7. Separate schools shall be provided for the white and colored children, and impartial
provision shall be made for both.
*** SEND ***
*** SSTART 008.0 007.0 0 TX 1876 ***
SEC. 8. The governor, comptroller, and Secretary of state shall constitute a board of education,
who shall distribute said funds to the several counties and perform such other duties concerning
public schools as may be prescribed by law.
*** SEND ***
*** SSTART 009.0 007.0 0 TX 1876 ***
SEC. 9. All lands heretofore granted for the benefit of the Lunatic, Blind, Deaf and Dumb, and
Orphan Asylums, together with such donations as may have been or may hereafter be made to
either of them, respectively, as indicated in the several grants, are hereby set apart to provide a
permanent fund for the support, maintenance and improvement of said asylums. And the
Legislature may provide for the sale of the lands and the investment of the proceeds in manner as
provided for the sale and investment of school lands in section 4 of this Article.
*** SEND ***
*** SSTART 010.0 007.0 0 TX 1876 ***
SEC 10. The legislature shall, as soon as practicable, establish, organize, and provide for the
maintenance, support, and direction of a university of the first class, to be located by a vote of the
people of this State, and styled "The University of Texas," for the promotion of literature and the
arts and sciences; including an agricultural and mechanical department.
*** SEND ***
*** SSTART 011.0 007.0 0 TX 1876 ***
SEC. 11. In order to enable the legislature to perform the duties set forth in the foregoing section,
it is hereby declared that all lands and other property heretofore set apart and appropriated for the
establishment and maintenance of "The University of Texas" together with all the proceeds of
sales of the same, heretofore made or hereafter so to be made, and all grants, donations, and
appropriations that may hereafter be made by the State of Texas, or from any other source, shall
constitute and become a permanent university fund. And the same as realized and received into
the treasury of the State (together with such sums, belonging to the fund, as may now be in the
treasury) shall be invested in bonds of the State of Texas, if the same can be obtained; if not, then
in United States bonds, and the interest accruing thereon shall be subject to appropriation by the
legislature to accomplish the purpose declared in the foregoing section: Provided, That one-tenth
of the alternate sections of the lands granted to railroads, reserved by the State, which were set
apart and appropriated to the establishment of "The University of Texas," by an act of the
legislature of February 11, 1858, entitled "An act to establish 'The University of Texas,' shall not
be included in or constitute a part of the permanent university fund.
*** SEND ***
*** SSTART 012.0 007.0 0 TX 1876 ***
SEC. 12. The land herein set apart to the university fund shall be sold under such regulations, at
such times, and on such terms, as may be provided by law; and the legislature shall provide for
the prompt collection, at maturity, of all debts due on account of university lands; heretofore
sold, or that may hereafter be sold, and shall in neither event have the power to grant relief to the
purchasers.
*** SEND ***
*** SSTART 013.0 007.0 0 TX 1876 ***
SEC. 13. The Agricultural and Mechanical College of Texas, established by an act of the
legislature, passed April 17, 1871, located in the county of Brazos, is hereby made and
constituted a branch of the University of Texas, for instruction in agriculture, the mechanic arts,
and the natural sciences connected therewith. And the legislature shall, at its next session, make
an appropriation, not to exceed forty thousand dollars, for the construction and completion of the
buildings and improvements, and for providing the furniture necessary to put said college in
immediate and successful operation.
*** SEND ***
*** SSTART 014.0 007.0 0 TX 1876 ***
SEC. 14. The legislature shall also, when deemed practicable, establish and provide for the
maintenance of a college or branch university for the instruction of the colored youths of the
State, to be locate by a vote of the people: Provided, that no tax shall be levied and no money
appropriated out of the general revenue, either for this purpose or for the establishment and
erection of the buildings of the University of Texas.
*** SEND ***
*** SSTART 015.0 007.0 0 TX 1876 ***
SEC. 15. In addition to the lands heretofore granted to the University of Texas, there is hereby set
apart and appropriated for the endowment, maintenance, and support of said university and its
branches one million acres of the unappropriated public domain of the State, to be designated and
surveyed as may be provided by law; and said lands shall be sold under the same regulations, and
the proceeds invested in the same manner, as is provided for the sale and investment of the
permanent university fund; and the legislature shall not have power to grant any relief to the
purchasers of said lands.
*** SEND ***
*** AEND ***
*** ASTART 008.0 TX 1876 ***
ARTICLE VIII

TAXATION AND REVENUE

*** SSTART 001.0 008.0 0 TX 1876 ***
SECTION 1. Taxation shall be equal and uniform. All property in this State, whether owned by
natural persons or corporations, other than municipal, shall be taxed in proportion to its value,
which shall be ascertained as may be provided by law. The legislature may impose a poll-tax. It
may also impose occupation taxes, both upon natural persons and upon corporations, other than
municipal, doing business in this State. It may also tax incomes of both natural persons and
corporations, other than municipal, except that persons engaged in mechanical and agricultural
pursuits shall never be required to pay an occupation tax: Provided, That two hundred and fifty
dollars' worth of household and kitchen furniture belonging to each family in this State shall be
exempt from taxation: And provided further, That the occupation tax levied by any county, city,
or town, for any year, on persons or corporations pursuing any profession or business, shall not
exceed one-half of the tax levied by the State for the same period on such profession or business.
*** SEND ***
*** SSTART 002.0 008.0 0 TX 1876 ***
SEC.2. All occupation taxes shall be equal and uniform upon the same class of subjects within
the limits of the authority levying the tax; but the legislature may, by general laws, exempt from
taxation public property used for public purposes, actual places of religious worship, places of
burial not held for private or corporate profit, all buildings used exclusively and owned by
persons or associations of persons for school purposes, (and the necessary furniture of all
schools,) and institutions of purely public charity; and all laws exempting property from taxation,
other than the property above mentioned, shall be void.
*** SEND ***
*** SSTART 003.0 008.0 0 TX 1876 ***
SEC. 3. Taxes shall be levied and collected by general laws and for public purposes only.
*** SEND ***
*** SSTART 004.0 008.0 0 TX 1876 ***
SEC. 4. The power to tax corporations and corporate property shall not be surrendered or
suspended by act of the legislature by any contract or grant to which the State shall be a party.
*** SEND ***
*** SSTART 005.0 008.0 0 TX 1876 ***
SEC. 5. All property of railroad companies, of whatever description, lying or being within the
limits of any city or incorporated town within this State, shall bear its proportionate share of
municipal taxation, and if any such property shall not have been heretofore rendered, the
authorities of the city or town within which it lies shall have power to require its rendition, and
collect the usual municipal tax thereon as on other property lying within said municipality.
*** SEND ***
*** SSTART 006.0 008.0 0 TX 1876 ***
SEC. 6. No money shall be drawn from the treasury but in pursuance of specific appropriations
made by law; nor shall any appropriation of money be made for a longer term than two years,
except by the first legislature, to assemble under this constitution, which may make the necessary
appropriations to carry on the government until the assemblage of the sixteenth legislature.
*** SEND ***
*** SSTART 007.0 008.0 0 TX 1876 ***
SEC. 7. The legislature shall not have power to borrow, or in any manner divert from its purpose,
any special fund that may, or ought to, come into the treasury; and shall make it penal for any
person or persons to borrow, withhold, or in any manner to divert from its purpose any special
fund, or any part thereof.
*** SEND ***
*** SSTART 008.0 008.0 0 TX 1876 ***
SEC. 8. All property of railroad companies shall be assessed, and the taxes collected, in the
several counties in which said property is situated, including so much of the road-bed and
fixtures as shall be in each county. The rolling-stock may be assessed in gross in the county
where the principal office of this company is located, and the county tax paid upon it shall be
apportioned by the comptroller, in proportion to the distance such road may run through any such
county, among the several counties through which the road passes, as a part of their assets.
*** SEND ***
*** SSTART 009.0 008.0 0 TX 1876 ***
SEC. 9. The State tax on property, exclusive of the tax necessary to pay the public debt, shall
never exceed fifty cents on the one hundred dollars valuation, and no county, city or town shall
levy more than one-half of said State tax, except for the payment of debts already incurred, and
for the erection of public buildings, not to exceed fifty cents on the one hundred dollars in any
one year, and except as in this Constitution is otherwise provided.
*** SEND ***
*** SSTART 010.0 008.0 0 TX 1876 ***
SEC. 10. The legislature shall have no power to release the inhabitants of, or property in, any
county, city, or town from the payment of taxes levied State or county purposes, unless in case of
great public calamity in any such county, city, or town, when such release may be made by a vote
of two-thirds of each house of the legislature.
*** SEND ***
*** SSTART 011.0 008.0 0 TX 1876 ***
SEC. 11. All property, whether owned by persons or corporations, shall be assessed for taxation,
and the taxes paid in the county where situated, but the legislature may, by a two-thirds vote,
authorize the payment of taxes of non-residents of counties to be made at the office of the
comptroller of public accounts. And all lands and other property not rendered for taxation by the
owner thereof shall be assessed at its fair value by the proper officer.
*** SEND ***
*** SSTART 012.0 008.0 0 TX 1876 ***
SEC. 12. All property subject to taxation in and owned by residents of unorganized counties shall
be assessed and the taxes thereon paid in the counties to which such unorganized counties shall
be attached for judicial purposes; and lands in and owned by nonresidents of unorganized
counties, and lands lying in the territory not laid off into counties, shall be assessed and the taxes
thereon collected at the office of the comptroller of the State.
*** SEND ***
*** SSTART 013.0 008.0 0 TX 1876 ***
SEC. 13. Provision shall be made by the first Legislature for the speedy sale of a sufficient
portion of all lands and other property for the taxes due thereon, and every year thereafter for the
sale of all lands and other property upon which the taxes have not been paid, and the deed of
conveyance to the purchaser for all lands and other property thus sold shall be held to vest a good
and perfect title in the purchaser thereof, subject to the impeached only for actual fraud;
provided, that the former owner shall, within two years from the date of purchaser's deed, have
the right to redeem the land upon the payment of double the amount of money paid for the land.
*** SEND ***
*** SSTART 014.0 008.0 0 TX 1876 ***
SEC. 14. There shall be elected by the qualified electors of each county, at the same time and
under the same law regulating the election of State and county officers, an assessor of taxes, who
shall hold his office for two years and until his successor is elected and qualified.
*** SEND ***
*** SSTART 015.0 008.0 0 TX 1876 ***
SEC. 15. The annual assessment made upon landed property shall be a special lien thereon, and
all property, both real and personal, belonging to any delinquent taxpayer, shall be liable to
seizure and sale for the payment of all the taxes and penalties due by such delinquent; and such
property may be sold for the payment of the taxes and penalties due by such delinquent under
such regulations as the legislature may provide.
*** SEND ***
*** SSTART 016.0 008.0 0 TX 1876 ***
SEC. 16. The sheriff of each county, in addition to his other duties, shall be the collector of taxes
therefor. But in counties having ten thousand inhabitants, to be determined by the last preceding
census of the United States, a collector of taxes shall be elected to hold office for two years and
until his successor shall be elected and qualified.
*** SEND ***
*** SSTART 017.0 008.0 0 TX 1876 ***
SEC. 17. The specification of the objects and subjects of taxation shall not deprive the legislature
of the power to require other subjects or objects to be taxed in such manner as may be consistent
with the principles of taxation fixed in this constitution.
*** SEND ***
*** SSTART 018.0 008.0 0 TX 1876 ***
SEC. 18. The legislature shall provide for equalizing, as near as may be, the valuation of all
property subject to or rendered for taxation, (the county commissioners' court to constitute a
board of equalization;) and may also provide for the classification of all lands, with reference to
their value, in the several counties.
*** SEND ***
*** AEND ***
*** ASTART 009.0 TX 1876 ***

ARTICLE IX

COUNTIES

*** SSTART 001.0 009.0 0 TX 1876 ***
SECTION 1. The legislature shall have power to create counties for the convenience of the
people, subject to the following provisions:
First. In the territory of the State exterior to all counties now existing, no new counties shall be
created with a less area than nine hundred square miles, in a square form, unless prevented by
preexisting boundary-lines. Should the State-lines render this impracticable in border counties,
the area may be less. The territory referred to may, at any, time, in whole or in part, be divided
into counties in advance of population, and attached, for judicial and land-surveying purposes, to
the most convenient organized county or counties.
Second. Within the territory of any county or counties now existing, no new county shall be
created with a less area than seven hundred square miles, nor shall any such county now existing
be reduced to a less area than seven hundred square miles. No new counties shall be created so as
to approach nearer than twelve miles of the county-seat of any county from which it may in
whole or in part, be taken. Counties of a less area than nine hundred, but of seven hundred or
more square miles, within counties now existing, may be created by a two-thirds vote of each
house of the legislature, taken by yeas and nays, and entered on the journals. Any county now
existing may be reduced to an area of not less than seven hundred square miles by a like
two-thirds vote. When any part of a county is stricken off and attached to or created into another
county, the part stricken off shall be holden for and obliged to pay its proportion of all the
liabilities then existing of the county from which it was taken, in such manner as may be
prescribed by law.
Third. No part of any existing county shall be detached from it and attached to another existing
county until the proposition for in such manner as may be such change shall have been
submitted, provided by law, to a vote of the electors of both counties, and shall have received a
majority of those voting on the question in each.
*** SEND ***
*** SSTART 002.0 009.0 0 TX 1876 ***
SEC. 2. The legislature shall pass laws regulating the manner of removing county-seats, but no
county-seat situated within five miles of the geographical centre of the county shall be removed,
except by a vote of two-thirds of all the electors voting on the subject. A majority of such
electors, however, voting at such election, may remove a county-seat from a point more than five
miles from the geographical centre of the county to a point within five miles of such centre, in
either case the centre to be determined by a certificate from the commissioner of the general
land-office.
*** SEND ***
*** AEND ***
*** ASTART 010.0 TX 1876 ***
ARTICLE X

RAILROADS

*** SSTART 001.0 010.0 0 TX 1876 ***
SECTION 1. Any railroad corporation or association, organized under the law for the purpose,
shall have the right to construct and operate a railroad between any points within this State, and
to connect at the State-line with railroads of other States. Every railroad company shall have the
right, with its road, to intersect, connect with, or cross any other railroad; and shall receive, and
transport each the others' passengers, tonnage, and cars, loaded or empty, without delay or
discrimination, under such regulations as shall be prescribed by law.
*** SEND ***
*** SSTART 002.0 010.0 0 TX 1876 ***
SEC. 2. Railroads heretofore constructed, or that may hereafter be constructed in this State, are
hereby declared public highways, and railroad companies common carriers. The Legislature shall
pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight
and passenger tariffs on the different railroads in this State; and shall from time to time pass laws
establishing reasonable maximum rates of charges for the transportation of passengers and freight
on said railroads, and enforce all such laws by adequate penalties.
*** SEND ***
*** SSTART 003.0 010.0 0 TX 1876 ***
SEC. 3. Every railroad or other corporation, organized or doing business in this State under the
laws or authority thereof, shall have and maintain a public office or place in this State for the
transaction of its business, where transfers of stock shall be made, and where shall be kept, for
inspection by the stockholders of such corporations, books, in which shall be recorded the
amount of capital stock subscribed, the names of the owners of the stock, the amounts owned by
them respectively, the amount of stock paid, and by whom, the transfer of said stock, with the
date of the transfer, the amount of its assets and liabilities, and the names and places of residence
of its officers. The directors of every railroad company shall hold one meeting annually in this
State, public notice of which shall be given thirty days previously, and the president or
superintendent shall report annually, under oath, to the comptroller or governor, their acts and
doings, which report shall include such matters relating to railroads as may be prescribed by law.
The legislature shall pass laws enforcing by suitable penalties the provisions of this section.
*** SEND ***
*** SSTART 004.0 010.0 0 TX 1876 ***
SEC. 4. The rolling-stock and all other movable property belonging to any railroad company or
corporation in this State shall be considered personal property, and its real and personal property,
or any part thereof, shall be liable to execution and sale in the same manner as the property of
individuals; and the legislature shall pass no laws exempting any such property from execution
and sale.
*** SEND ***
*** SSTART 005.0 010.0 0 TX 1876 ***
SEC. 5. No railroad or other corporation, or the lessees, purchasers, or managers of any railroad
corporation, shall consolidate the stock, property, or franchises of such corporation, with, or lease
or purchase the works or franchises of, or in any way control any railroad corporation owning or
having under its control a parallel or competing line; nor shall any officer of such railroad
corporation act as an officer of any other railroad corporation owning or having the control of a
parallel or competing line.
*** SEND ***
*** SSTART 006.0 010.0 0 TX 1876 ***
SEC. 6. No railroad company organized under the laws of this State shall consolidate, by private
or judicial sale or otherwise, with any railroad company organized under the laws of any other
State or of the United States.
*** SEND ***
*** SSTART 007.0 010.0 0 TX 1876 ***
SEC. 7. No law shall be passed by the legislature granting the right to construct and operate a
street-railroad within any city, town, or village, or upon any public highway, without first
acquiring the consent of the local authorities having control of the street or highway proposed to
be occupied by such street-railroad.
*** SEND ***
*** SSTART 008.0 010.0 0 TX 1876 ***
SEC. 8. No railroad corporation in existence at the time of the adoption of this constitution shall
have the benefit of any future legislation, except on condition of complete acceptance of all the
provisions of this constitution applicable to railroads.
*** SEND ***
*** SSTART 009.0 010.0 0 TX 1876 ***
SEC. 9. No railroad hereafter constructed in this State shall pass within a distance of three miles
of any county-seat without passing through the same, and establish in and maintaining a depot
therein, unless prevented by natural obstacles, such as streams, hills, or mountains: Provided,
Such town or its citizens shall grant the right of way through its limits and sufficient ground for
ordinary depot purposes.
*** SEND ***
*** AEND ***
*** ASTART 011.0 TX 1876 ***
ARTICLE XI

MUNICIPAL CORPORATIONS
*** SSTART 001.0 011.0 0 TX 1876 ***
SECTION 1. The several counties of this State are hereby recognized as legal subdivisions of the
State.
*** SEND ***
*** SSTART 002.0 011.0 0 TX 1876 ***
SEC. 2. The construction of jails, court-houses and bridges, and the establishment of county
poor-houses and farms, and the laying out, construction, and repairing of county roads shall be
provided for by general laws.
*** SEND ***
*** SSTART 003.0 011.0 0 TX 1876 ***
SEC. 3. No county, city, or other municipal corporation shall hereafter become a subscriber to
the capital of any private corporation or association, or make any appropriation or donation to the
same, or in any wise loan its credit; but this shall not be construed to in any way affect any
obligation heretofore undertaken pursuant to law.
*** SEND ***
*** SSTART 004.0 011.0 0 TX 1876 ***
SEC. 4. Cities and towns having a population of ten thousand inhabitants or less, may be
chartered alone by general law. They may levy, assess, and collect an annual tax to defray the
current expenses of their local government, but such tax shall never exceed, for any one year,
one-fourth of one per cent., and shall be collectible only in current money. And all license and
occupation tax levied, and all fines, forfeitures, penalties, and other dues accruing to cities and
towns shall be collectible only in current money.
*** SEND ***
*** SSTART 005.0 011.0 0 TX 1876 ***
SEC. 5. Cities having more than ten thousand inhabitants may have their charters granted or
amended by special act of the legislature, and may levy, assess, and collect such taxes as may be
authorized by law, but no tax for any purpose shall ever be lawful, for any one year, which shall
exceed two and one-half per cent. of the taxable property of such city; and no debt shall ever be
created by any city, unless at the same time provision be made to assess and collect annually a
sufficient sum to pay the interest thereon and create a sinking-fund of at least two per cent.
thereon.
*** SEND ***
*** SSTART 006.0 011.0 0 TX 1876 ***
SEC. 6. Counties, cities, and towns are authorized, in such mode as may now or may hereafter be
provided by law, to levy, assess, and collect the taxes necessary to pay the interest and provide a
sinking-fund to satisfy any indebtedness heretofore legally made and undertaken; but all such
taxes shall be assessed and collected separately from that levied, assessed, and collected for
current expenses of municipal government, and shall when levied specify in the act of levying the
purpose therefor, and such taxes may be aid in the coupons, bonds, or other indebtedness for the
payment by which such tax may have been levied.
*** SEND ***
*** SSTART 007.0 011.0 0 TX 1876 ***
SEC. 7. All counties and cities bordering on the coast of the Gulf of Mexico are hereby
authorized, upon a vote of two-thirds of the tax-payers therein, (to be ascertained as may be
provided by law,) to levy and collect such tax for construction of sea-walls, breakwaters, or
sanitary purposes, as may be authorized by law, and may create a debt for such works and issue
bonds in evidence thereof. But no debt for any purpose shall ever be incurred in any manner by
any city or county, unless provision is made, at the time of creating the same, for levying and
collecting a sufficient tax to pay the interest thereon and provide at least two per cent. as a
sinking-fund; and the condemnation of the right of way for the erection of such works shall be
fully provided for.
*** SEND ***
*** SSTART 008.0 011.0 0 TX 1876 ***
SEC. 8. The counties and cities on the Gulf coast being subject to calamitous overflows, and a
very large proportion of the general revenue being derived from those otherwise prosperous
localities, the legislature is especially authorized to aid by donation of such portion o the public
domain as may be deemed proper, and in such mode as may be provided by law, the construction
of sea-walls or breakwaters, such aid to be proportioned to the extent and value of the works
constructed, or to be constructed, in any locality.
*** SEND ***
*** SSTART 009.0 011.0 0 TX 1876 ***
SEC. 9. The property of counties, cities, and towns owned and held only for public purposes,
such as public buildings and the sites therefor, fire-engines and the furniture thereof, and all
property used or intended for extinguishing fires, public grounds and all other property devoted
exclusively to the use and benefit of the public, shall be exempt from forced sale and from
taxation: Provided, Nothing herein shall prevent the enforcement of the vendor's lien, the
mechanic's or builder's lien, or other liens now existing.
*** SEND ***
*** SSTART 010.0 011.0 0 TX 1876 ***
SEC. 10. The legislature may constitute any city or town a separate and independent
school-district. And when the citizens of any city or town have a charter, authorizing the city
authorities to levy and collect a. tax for the support and maintenance of a public institution of
learning, such tax may hereafter be levied and collected, if, at an election held for that purpose,
two-thirds of the tax-payers of such city or town shall vote for such tax.
*** SEND ***
*** AEND ***
*** ASTART 012.0 TX 1876 ***
ARTICLE XII

PRIVATE CORPORATIONS

*** SSTART 001.0 012.0 0 TX 1876 ***
SECTION 1. No private corporation shall be created except by general laws.
*** SEND ***
*** SSTART 002.0 012.0 0 TX 1876 ***
SEC. 2. General laws shall be enacted providing for the creation of private corporations, and
shall therein provide fully for the adequate protection of the public and of the individual
stockholders.
*** SEND ***
*** SSTART 003.0 012.0 0 TX 1876 ***
SEC. 3. The right to authorize and regulate freights, tolls, wharfage, or fares levied and collected,
or proposed to be levied and collected, by individuals, companies, or corporations, for the use of
highways, landings, wharves, bridges, and ferries devoted to public use, has never been and shall
never be relinquished or abandoned by the State, but shall always be under legislative control and
depend upon legislative authority.
*** SEND ***
*** SSTART 004.0 012.0 0 TX 1876 ***
SEC. 4. The first legislature assembled after the adoption of this constitution shall provide a
mode of procedure by the attorney general and district or county attorneys, in the name and
behalf of the State, to prevent and punish the demanding and receiving or collection of any and
all charges as freight, wharfage, fares, or tolls, for the use of property devoted to the public,
unless the same shall have been specially authorized by law.
*** SEND ***
*** SSTART 005.0 012.0 0 TX 1876 ***
SEC. 5. All laws granting the right to demand and collect freights, fares, tolls, or wharfage shall
at all times be subject to amendment, modification, or repeal by the legislature.
*** SEND ***
*** SSTART 006.0 012.0 0 TX 1876 ***
SEC. 6. No corporation shall issue stock or bonds except for money paid, labor done, or property
actually received, and all fictitious increase of stock or indebtedness shall be void.
*** SEND ***
*** SSTART 007.0 012.0 0 TX 1876 ***
SEC. 7. Nothing in this article shall be construed to divest or affect rights guaranteed by any
existing grant or statute of this State or of the republic of Texas.
*** SEND ***
*** AEND ***
*** ASTART 013.0 TX 1876 ***
ARTICLE XIII

SPANISH AND MEXICAN LAND-TITLES

*** SSTART 001.0 013.0 0 TX 1876 ***
SECTION 1. All fines, penalties, forfeitures, and escheats which have heretofore accrued to the
republic and State of Texas, tinder their constitutions and laws, shall accrue to the State under
this constitution; and the legislature shall provide a method for determining what lands, have
been forfeited, and for giving effect to escheats; and all such rights of forfeiture and escheat to
the State shall, ipso facto, inure to the protection of the innocent holders of junior titles, as
provided in sections 2, 3, and 4 of this article.
*** SEND ***
*** SSTART 002.0 013.0 0 TX 1876 ***
SEC. 2. Any claim of title or right to land in Texas, issued prior to the 13th day of November,
1835, not duly recorded in the county where the land was situated at the time of such record, or
not duly archived in the general land-office, or not in the actual possession of the grantee thereof,
or some person claiming under him, prior to the accruing of junior title thereto from the
sovereignty of the soil, under circumstances reasonable calculated to give notice to said junior
grantee, has never had, and shall not have, standing or effect against such junior title, or color of
title, acquired without such or actual notice of such prior claim of title or right; and no condition
annexed to such grants, not archived or recorded or occupied as aforesaid, has been, or ever shall
be, released or waived, but actual performance of all such conditions shall be proved by the
person or persons claiming under such title or claim of right in order to maintain action thereon,
and the holder of such junior title, or color of title, shall have all the rights of the government
which have heretofore existed, or now exist, arising from the non-performance of all such
conditions.
*** SEND ***
*** SSTART 003.0 013.0 0 TX 1876 ***
SEC. 3. Non-payment of taxes on any claim of title to land, dated prior to the 13th day of
November, 1835, not recorded or archived, as provided in section 2, by the person or persons so
claiming, or those under whom he or they so claim, from that date up to the date of the adoption
of this constitution, shall be held to be a presumption that the right thereto has reverted to the
State, and that said claim is a stale demand, which presumption shall only be rebutted by
payment of all taxes on said lands, State, county, and city or town, to be assessed on the fair
value of such lands by the comptroller, and paid to him without commutation or deduction for
any part of the above period.
*** SEND ***
*** SSTART 004.0 013.0 0 TX 1876 ***
SEC. 4. No claim of title or right to land, which issued prior to the 13th day of November, 1835,
which has not been duly recorded in the county where the land was situated at the time of such
record, or which has not been duly archived in the general land-office, shall ever hereafter be
deposited in the general land-office, or recorded in this State, or delineated on the maps, or used
as evidence in any of the courts of this State, and the same are stale claims; but this shall not
affect such rights or presumptions as arise from actual possession. By the words "duly recorded,"
as used in sections 2 and 4 of this article, it is meant that such claim of title or right to land shall
have been recorded in the proper office, and that mere errors in the certificate of registration, or
informality, not affecting the fairness and good faith of the holder thereof, with which the record
was made, shall not be held to vitiate such record.
*** SEND ***
*** SSTART 005.0 013.0 0 TX 1876 ***
SEC. 5. All claims, locations, surveys, grants, and titles of any kind, which are declared null and
void by the constitution of the republic or State of Texas, are, and the same shall remain forever,
null and void.
*** SEND ***
*** SSTART 006.0 013.0 0 TX 1876 ***
SEC. 6. The legislature shall a stringent laws for the detection and conviction of all forgers of
land-titles, and may make such appropriations of money for that purpose as may be necessary.
*** SEND ***
*** SSTART 007.0 013.0 0 TX 1876 ***
SEC. 7. Sections 2, 3, 4, and 5 of this article shall not be so construed as to set aside or repeal
any law or laws of the republic or State of Texas, releasing the claimants of headrights of
colonists of a league of land, or less, from compliance with the conditions on which their grants
were made.
*** SEND ***
*** AEND ***
*** ASTART 014.0 TX 1876 ***
ARTICLE XIV

PUBLIC LANDS AND LAND-OFFICE

*** SSTART 001.0 014.0 0 TX 1876 ***
SECTION 1. There shall be one general land-office in the State, which shall be at the seat of
government, where all land-titles which have emanated, or may hereafter emanate, from the State
shall be registered, except those titles the registration of which may be prohibited by this
constitution. It shall be the duty of the legislature, at the earliest practicable time, to make the
land-office self-sustaining, and from time to time the legislature may establish such subordinate
offices as may be deemed necessary.
*** SEND ***
*** SSTART 002.0 014.0 0 TX 1876 ***
SEC. 2. All unsatisfied genuine land-certificates barred by section 4, article 10, of the
constitution of 1869, by reason of the holders or owners thereof failing to have them surveyed
and returned to the land-office by the 1st day of January, 1875.,'are hereby revived. All
unsatisfied genuine land-certificates now in existence shall be surveyed and returned to the
general land-office within five years after the adoption of this constitution, or be forever barred;
and all genuine land certificates hereafter issued by the State shall be surveyed and returned to
the general land-office within five years after issuance, or be forever barred: Provided, That all
genuine land certificates heretofore or hereafter issued shall be located, surveyed, or patented
only upon vacant and unappropriated public domain, and not upon any land titled or equitably
owned under color of title from the sovereignty of the State, evidence of the appropriation of
which is on the county records or in the general land-office, or when the appropriation is
evidenced by the occupation of the owner, or of some person holding for him.
*** SEND ***
*** SSTART 003.0 014.0 0 TX 1876 ***
SEC. 3. The legislature shall have no power to grant any of the lands of this State to any railway
company, except upon the following restrictions and conditions:
First. That there shall never be granted to any such corporation more than sixteen sections to the
mile, and no reservation of any part of the public domain for the purpose of satisfying such grant
shall ever be made.
Second. That no land-certificate shall be issued to such company until they have equipped,
constructed, and in running order at least ten miles of road, and on the failure of such company to
comply with the terms of its charter, or to alienate its land at a period to be fixed by law, in no
event to exceed twelve years from the issuance of the patent, all said land shall. be forefeited to
the State, and become a portion of the public domain, and liable to location and survey. The
legislature shall pass general laws only, to give effect to the provisions of this section.
*** SEND ***
*** SSTART 004.0 014.0 0 TX 1876 ***
SEC. 4. No certificate for land shall be sold at the Land Office except to actual settlers upon the
same, and in lots not to exceed one hundred and sixty acres.
*** SEND ***
*** SSTART 005.0 014.0 0 TX 1876 ***
SEC. 5. All lands heretofore or hereafter granted to railway companies, where the charter or law
of the State required, or shall hereafter require, their alienation within a certain period, on pain of
forfeiture, or is silent on the subject of forfeiture, and which lands have not been or shall not
hereafter be alienated, in conformity with the terms of their charters and the laws under which the
grants were made, are hereby declared forfeited to the State, and subject to preemption, location,
and survey as other vacant lands. All lands heretofore granted to said railroad companies to
which no forfeiture was attached on their failure to alienate, are not included in the foregoing
clause; but in all such last-named cases it shall be the duty of the attorney-general, in every
instance where alienations have been or hereafter may be made, to inquire into the same, and if
such alienation has been made in fraud of the rights of the State, and is colorable only, the real
and beneficial interest being still in such corporation, to institute legal proceedings in the county
where the seat of government is situated to forfeit such lands to the State, and if such alienation
be judicially ascertained to be fraudulent and colorable as aforesaid, such lands shall be forfeited
to the State, and become a part of the vacant public domain, liable to pre-emption, location, and
survey.
*** SEND ***
*** SSTART 006.0 014.0 0 TX 1876 ***
SEC. 6. To every head of a family without a homestead there shall be donated one hundred and
sixty acres of public land, upon condition that he will select and locate said land, and occupy the
same three years, and pay the office-fees due thereon. To all single men of eighteen years of age
and upwards shall be donated eighty acres of public land, upon the terms and conditions
prescribed for heads of families.
*** SEND ***
*** SSTART 007.0 014.0 0 TX 1876 ***
SEC. 7. The State of Texas hereby releases to the owner or owners of the soil all mines and
minerals that may be on the same, subject to taxation as other property.
*** SEND ***
*** SSTART 008.0 014.0 0 TX 1876 ***
SEC. 8. Persons residing between the Nucces River and the Rio Grande, and owning grants for
lands which emanated from the government of Spain or that of Mexico, which grants have been
recognized and validated by the State, by acts of the legislature, approved February 10, 1852,
August 15, 1870, and, other acts, and who have been prevented from complying with the
requirements of said acts by the unsettled condition of the country, shall be allowed until the 1st
day of January, 1880, to complete their surveys and the plots thereof, and to return their
field-notes to the general land-office; and all claimants failing to do so shall be forever barred:
Provided, Nothing in this section shall be so construed as to validate any titles not already valid,
or to interfere with the rights of third persons.
*** SEND ***
*** AEND ***
*** ASTART 015.0 TX 1876 ***
ARTICLE XV                              

IMPEACHMENT
*** SSTART 001.0 015.0 0 TX 1876 ***
SECTION 1. The power of impeachment shall be vested in the house of representatives.
*** SEND ***
*** SSTART 002.0 015.0 0 TX 1876 ***
SEC. 2. Impeachment of the governor, lieutenant-governor, attorney-general, treasurer,
commissioner of the general land-office, comptroller, and the judges of the supreme court, court
of appeals, and district court shall be tried by the senate.
*** SEND ***
*** SSTART 003.0 015.0 0 TX 1876 ***
SEC. 3. When the senate is sitting as a court of impeachment, the senators shall be on oath, or
affirmation, impartially to try the party impeached, and no person shall be convicted without the
concurrence of two-thirds of the senators present.
*** SEND ***
*** SSTART 004.0 015.0 0 TX 1876 ***
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. A party
convicted on impeachment shall also be subject to indictment, trial, and punishment, according
to law.
*** SEND ***
*** SSTART 005.0 015.0 0 TX 1876 ***
SEC. 5. All officers against who 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
governor may make a provisional appointment to fill the vacancy occasioned by the suspension
of an officer until the decision on the impeachment.
*** SEND ***
*** SSTART 006.0 015.0 0 TX 1876 ***
SEC. 6. Any judge of the district courts of the State who is incompetent to discharge the duties of
his office, or who shall be guilty of partiality, or oppression, or other official misconduct, or
whose habits and conduct are such as to render him unfit to hold such office, or who shall
negligently fail to perform his duties as judge, or who shall fall to execute in a reasonable
measure the business in his courts, may be removed by the supreme court. The supreme court
shall have original jurisdiction to hear and determine the causes aforesaid, when presented in
writing upon the oaths taken before some judge of a court of record of not less than ten lawyers
practising in the courts held by such judge and licensed to practise in the supreme court; said
presentment to be founded either upon the knowledge of the persons making it or upon the
written oaths as to the facts of creditable witnesses. The supreme court may issue all needful
process and prescribe all needful rules to give effect to this section. Causes of this kind shall have
precedence and be tried as soon as practicable.
*** SEND ***
*** SSTART 007.0 015.0 0 TX 1876 ***
SEC. 7. The legislature shall provide by law for the trial and removal from office of all officers
of this State, the modes for which have not been provided in this constitution.
*** SEND ***
*** SSTART 008.0 015.0 0 TX 1876 ***
ADDRESS

SEC. 8. The judges of the supreme court, court of appeals, and district courts, shall be removed
by the governor on the address of two-thirds of each house of the legislature for willful neglect of
duty, incompetency, habitual drunkenness, oppression in office, or other reasonable cause which
shall not be sufficient ground for impeachment: Provided, however, That the cause or causes for
which such removal shall be required shall be stated at length in such address and entered on the
journals of each house: And provided further, That the cause or causes shall be notified to the
judge so intended to be removed, and he shall be admitted to a hearing in his own defense 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 ***
*** AEND ***
*** ASTART 016.0 TX 1876 ***
ARTICLE XVI
GENERAL PROVISIONS

*** SSTART 001.0 016.0 0 TX 1876 ***
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,  - - do solemnly swear (or affirm)
that I will faithfully and impartially discharge and perform all the duties incumbent upon me as
---, according to the best of my skill and ability, agreeably to the Constitution and laws of the
United States and of this State; and I do further solemnly swear (or affirm) that since the
adoption of the constitution of this State, I being a citizen of this State, have not fought a duel
with dead weapons, within this State nor out of it, nor have I sent or accepted a challenge to fight
a duel with deadly weapons, nor have I acted as second in carrying a challenge, or aided, advised
or assisted any person thus offending and I furthermore solemnly swear (or affirm) that I have not
directly; nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute
any money, or valuable thing, or promised any public office or employment, as a reward for the
giving or withholding a vote at the election at which I was elected, (or if the office is one of
appointment, to secure my appointment:) So help me God."
*** SEND ***
*** SSTART 002.0 016.0 0 TX 1876 ***
SEC. 2. Laws shall be made to exclude from office, serving on juries, and from the right of
suffrage those who may have been or shall hereafter be convicted of bribery, perjury, forgery, or
other high crimes. The privilege of free suffrage shall be protected by laws regulating elections
and prohibiting under adequate penalties all undue influence therein from power, bribery, tumult,
or other improper practice.
*** SEND ***
*** SSTART 003.0 016.0 0 TX 1876 ***
SEC. 3. The legislature shall make provision whereby persons convicted of misdemeanors and
committed to the county jails in default of payment of fines and costs shall be required to
discharge such fines and costs by manual labor, under such regulations as may be prescribed by
law.
*** SEND ***
*** SSTART 004.0 016.0 0 TX 1876 ***
SEC. 4. Any citizen of this State who shall, after the adoption of this constitution, fight a duel
with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either
within this State or out of it, or who shall act as second, or knowingly 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.
*** SEND ***
*** SSTART 005.0 016.0 0 TX 1876 ***
SEC. 5. Every person shall be disqualified from holding any office of profit or trust in this State
who shall have been convicted of having given or offered a bribe to procure his election or
appointment.
*** SEND ***
*** SSTART 006.0 016.0 0 TX 1876 ***
SEC. 6. No appropriation for private or individual purposes shall be made. A regular statement,
under oath, and an account of the receipts and expenditures of all public money shall be
published annually in such manner as shall be prescribed by law.
*** SEND ***
*** SSTART 007.0 016.0 0 TX 1876 ***
SEC. 7. The legislature shall in no case have power to issue "treasury warrants," "treasury notes,"
or paper of any description intended to circulate as money.
*** SEND ***
*** SSTART 008.0 016.0 0 TX 1876 ***
SEC. 8. Each county in the State may provide, in such manner as may be prescribed by law, a
manual-labor poor-house and farm, for taking care of, managing, employing, and supplying the
wants of its indigent and poor inhabitants.
*** SEND ***
*** SSTART 009.0 016.0 0 TX 1876 ***
SEC. 9. 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 of being elected or appointed
to any office under the exceptions contained in this constitution.
*** SEND ***
*** SSTART 010.0 016.0 0 TX 1876 ***
SEC. 10. The legislature shall provide for deductions from the salaries of public officers who
may neglect the performance of any duty that may be assigned them by
*** SEND ***
*** SSTART 011.0 016.0 0 TX 1876 ***
SEC. 11. The legal rate of interest shall not exceed eight per cent. per annum, in the absence of
any contract as to the rate of interest; and by contract parties may agree upon any rate not to
exceed 12 per cent. per annum. All interest charged above this last named rate shall be deemed
usurious, and the Legislature shall, at its first session, provide appropriate pains and penalties to
prevent and punish usury.
*** SEND ***
*** SSTART 012.0 016.0 0 TX 1876 ***
SEC. 12. No member of Congress, nor person holding or exercising any office of profit or trust
under the United States, or either of them, or under any foreign power, shall be eligible as a
member of the legislature, or hold or exercise any office of profit or trust under this State.
*** SEND ***
*** SSTART 013.0 016.0 0 TX 1876 ***
SEC. 13. 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.
*** SEND ***
*** SSTART 014.0 016.0 0 TX 1876 ***
SEC. 14. All civil officers shall reside within the State; and all district or county officers within
their districts or counties, and shall keep their offices at such places as may be required by law;
and failure to comply with this condition shall vacate the office so held.
*** SEND ***
*** SSTART 015.0 016.0 0 TX 1876 ***
SEC. 15. All property, both real and personal, of the wife, owned or claimed by her before
marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property;
and laws shall be passed more clearly defining the rights of the wife in relation as well to her
separate property as that held in common with her husband. Laws shall also be passed providing
for the registration of the wife's separate property.
*** SEND ***
*** SSTART 016.0 016.0 0 TX 1876 ***
SEC. 16. No corporate body shall hereafter be created, renewed, or extended with banking or
discounting privileges.
*** SEND ***
*** SSTART 017.0 016.0 0 TX 1876 ***
SEC. 17. All officers within this State shall continue to perform the duties of their offices until
their successors shall be duly qualified.
*** SEND ***
*** SSTART 018.0 016.0 0 TX 1876 ***
SEC. 18. The rights of property and of action, which have been acquired under the constitution
and laws of the republic and State, shall not be divested; nor shall any rights or actions which
have been divested, barred, or declared null and void by the constitution of the republic and
State, be reinvested, renewed, or reinstated by this constitution; but the same shall remain
precisely in the situation which they were before the adoption of this constitution, unless
otherwise herein provided: And provided further, That no cause of action heretofore barred shall
be revived.
*** SEND ***
*** SSTART 019.0 016.0 0 TX 1876 ***
SEC. 19. The legislature shall prescribe by law the qualification of grand and petit jurors.
*** SEND ***
*** SSTART 020.0 016.0 0 TX 1876 ***
SEC. 20. The Legislature shall, at its first session, enact a law whereby the qualified voters of any
county, justice's precinct, town or city, by a majority vote, from time to time, may determine
whether the sale of intoxicating liquors shall be prohibited within the prescribed limits.
*** SEND ***
*** SSTART 021.0 016.0 0 TX 1876 ***
SEC. 21. All stationery and printing, except proclamations and such printing as may be done at
the deaf and dumb asylum, paper, and fuel used in the legislative and other departments of the
government, except the judicial department, shall be furnished, and the printing and binding of
the laws, journals, and department reports, and all other printing and binding, and the repairing
and furnishing the halls and rooms used for the meetings of the legislature and its committees,
shall be performed, under contract, to be given to the lowest responsible bidder, below such
maximum price, and under such regulations, as shall be prescribed by law. No member or officer
of any department of the government shall be in any way interested in such contracts; and all
such contracts shall be subject to the approval of the governor, secretary of state, and
comptroller.
*** SEND ***
*** SSTART 022.0 016.0 0 TX 1876 ***
SEC. 22. The legislature shall have the power to pass such fence laws, applicable to any
subdivision of the State or counties, as may be needed to meet the wants of the people.
*** SEND ***
*** SSTART 023.0 016.0 0 TX 1876 ***
SEC. 23. The legislature may pass laws for the regulation of live stock and the protection of
stock-raisers in the stock-raising portion of the State, and exempt from the operation of such laws
other portions, sections, or counties; and shall have power to pass general and special laws for
the inspection of cattle, stock, and hides, and for the regulation of brands: Provided, That any
local law thus passed shall be submitted to the freeholders of the section to be affected thereby,
and approved by them, before it shall go into effect.
*** SEND ***
*** SSTART 024.0 016.0 0 TX 1876 ***
SEC. 24. The legislature shall make provision for laying out and working public roads, for the
building of bridges, and for utilizing fines, forfeitures, and convict labor to all these purposes.
*** SEND ***
*** SSTART 025.0 016.0 0 TX 1876 ***
SEC. 25. That all drawbacks and rebatement of insurance, freight, transportation, carriage,
wharfage, storage, compressing, baling, repairing, or for any other kind of labor or service, of or
to any cotton, grain, or any other produce or article of commerce in this State, paid, or allowed,
or contracted for, to any common carrier, shipper, merchant, commission-merchant, factor, agent,
or middle-man of kind, not the true and absolute owner thereof, are forever prohibited and it shall
be the duty of the legislature to pass effective laws punishing all persons in this State who pay,
receive, or contract for or respecting the same.
*** SEND ***
*** SSTART 026.0 016.0 0 TX 1876 ***
SEC. 26. Every person, corporation, or company, that may commit a homicide, through wilful
act, or omission, or gross neglect, shall be responsible, in exemplary damages, to the suing
husband, widow, heirs of his or her body, or such of them as there may be, without regard to any
criminal proceeding that may or may not be had in relation to the homicide.
*** SEND ***
*** SSTART 027.0 016.0 0 TX 1876 ***
SEC. 27. In all elections to fill vacancies of office in this State it shall be to fill the unexpired
term only.
*** SEND ***
*** SSTART 028.0 016.0 0 TX 1876 ***
SEC. 28. No current wages for personal service shall ever be subject to garnishment.
*** SEND ***
*** SSTART 029.0 016.0 0 TX 1876 ***
SEC. 29. The legislature shall provide by law for defining and punishing barratery.
*** SEND ***
*** SSTART 030.0 016.0 0 TX 1876 ***
SEC. 30. The duration of all offices not fixed by this constitution shall never exceed two years.
*** SEND ***
*** SSTART 031.0 016.0 0 TX 1876 ***
SEC. 31. The legislature may pass laws prescribing the qualifications of practitioners of medicine
in this State, and to punish persons for malpractice, but no preference shall ever be given by law
to any schools of medicine.
*** SEND ***
*** SSTART 032.0 016.0 0 TX 1876 ***
SEC. 32. The legislature may provide by law for the establishment of a board of health and vital
statistics, under such rules and regulations as it may deem proper.
*** SEND ***
*** SSTART 033.0 016.0 0 TX 1876 ***
SEC. 33. 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 this State or the
United States, except as prescribed in this constitution.
*** SEND ***
*** SSTART 034.0 016.0 0 TX 1876 ***
SEC. 34. The legislature shall pass laws authorizing the governor to lease, or sell to the
Government of the United States, a sufficient quantity of the public domain of the State
necessary for the erection of forts, barracks, arsenals, and military stations, or camps, and for
other needful military purposes; and the action of the governor therein shall be subject to the
approval of the legislature.
*** SEND ***
*** SSTART 035.0 016.0 0 TX 1876 ***
SEC. 35. The legislature shall, at its first session, pass laws to protect laborers on public
buildings, streets, roads, railroads, canals, and other similar public works against the failure of
contractors and subcontractors to pay their current wages when due, and to make tile corporation,
company, or individual for whose benefit the work is done responsible for their ultimate
payment.
*** SEND ***
*** SSTART 036.0 016.0 0 TX 1876 ***
SEC. 36. The legislature shall, at its first session, provide for the payment, or funding, as they
may deem best, of the amounts found to be justly due to the teachers in the public schools, by the
State, for service rendered prior to the 1st day of July, 1873, and for the payment by the
school-districts in the State of amounts justly due teachers of public schools by such district to
January, 1876.
*** SEND ***
*** SSTART 037.0 016.0 0 TX 1876 ***
SEC. 37. Mechanics, artisans, and material-men of every class, shall have a lien upon the
buildings and articles made or repaired by them for the value of their labor done thereon or
material furnished therefor; and the legislature shall provide by law for the speedy and efficient
enforcement of said liens.
*** SEND ***
*** SSTART 038.0 016.0 0 TX 1876 ***
SEC. 38. The legislature may, at such time as the public interest may require, provide for the
office of commissioner of insurance, statistics, and history, whose term of office, duties, and
salary shall be prescribed by law.
*** SEND ***
*** SSTART 039.0 016.0 0 TX 1876 ***
SEC. 39. The legislature may, from time to time, make appropriations for preserving and
perpetuating memorials of the history of Texas, by means of monuments, statues, paintings, and
documents of historical value.
*** SEND ***
*** SSTART 040.0 016.0 0 TX 1876 ***
SEC. 40. No person shall hold or exercise, at the same time, more than one civil office of
emolument, except that of justice of the peace, county commissioner, notary public, and
postmaster, unless otherwise specially provided herein.
*** SEND ***
*** SSTART 041.0 016.0 0 TX 1876 ***
SEC. 41. Any person who shall, directly or indirectly, offer, give, or promise, any money or thing
of value, testimonial, privilege, or personal advantage, to any executive or judicial officer or
member of the legislature to influence him in the performance of any of his public or official
duties, shall be guilty of bribery, and be punished in such manner as shall be provided by law.
And any member of the legislature, or executive or judicial officer, who shall solicit, demand, or
receive, or consent to receive, directly or indirectly, for himself or for another, from any
company, corporation, or person, any money, appointment, employment, testimonial, reward,
thing of value or employment, or of personal advantage or promise thereof, for his vote or
official influence, or for withholding the same, or with any understanding, expressed or implied,
that his vote or official action shall be in any way influenced hereby, or who shall solicit,
demand, and receive any such money or other advantage, matter, or thing, aforesaid for another,
as the consideration of his vote or official influence, in consideration of the payment or promise
of such money, advantage, matter or thing to another, shall be held guilty of bribery within the
meaning of the constitution, and shall incur the disabilities provided for said offenses, with a
forfeiture of the office he may hold, and such other additional punishment as is or shall be
provided by law.
*** SEND ***
*** SSTART 042.0 016.0 0 TX 1876 ***
SEC. 42. The legislature may establish an inebriate asylum, for the cure of drunkenness and
reform of inebriates.
*** SEND ***
*** SSTART 043.0 016.0 0 TX 1876 ***
SEC. 43. No man or set of men shall ever be exempted, relieved, or discharged from the
performance of an public duty or service imposed by general law by any special law. Exemptions
from the performance of such public duty or service shall only be, made by general law.
*** SEND ***
*** SSTART 044.0 016.0 0 TX 1876 ***
SEC. 44. The legislature shall prescribe the duties and provide for the election, by the qualified
voters of each county in this State, of a county treasurer and a county surveyor, who shall have an
office at, the county-seat, and hold their office for two years and until their successors are
qualified; and shall have such compensation as may be provided by law.
*** SEND ***
*** SSTART 045.0 016.0 0 TX 1876 ***
SEC. 45. It shall be the duty of the legislature to provide for collecting, arranging, and safely
keeping such records, rolls, correspondence, and other documents, civil and military, relating to
the history of Texas, as may be now in the possession of parties willing to confide them to the
care and preservation of the State.
*** SEND ***
*** SSTART 046.0 016.0 0 TX 1876 ***
SEC. 46. The legislature shall provide by law for organizing and disciplining the militia of the
State in such manner as they shall deem expedient, not incompatible with the Constitution and
laws of the United States.
*** SEND ***
*** SSTART 047.0 016.0 0 TX 1876 ***
SEC. 47. Any person who conscientiously scruples to bear arms shall not be compelled to do so,
but shall pay an equivalent for personal service.
*** SEND ***
*** SSTART 048.0 016.0 0 TX 1876 ***
SEC. 48. All laws and parts of laws now in force in the State of Texas which are not repugnant to
the constitution of the United States or to this constitution shall continue and remain in force as
the laws of this State until they expire by their own limitation or shall be amended or repealed by
the legislature.
*** SEND ***
*** SSTART 049.0 016.0 0 TX 1876 ***
SEC. 49. The legislature shall have power, and it shall be its duty, to protect by law from forced
sale a certain portion of the personal property of all heads of families, and also of unmarried
adults, male and female.
*** SEND ***
*** SSTART 050.0 016.0 0 TX 1876 ***
SEC. 50. The homestead of a family shall be, and is hereby, protected from forced sale for the
payment of all debts except for the purchase-money thereof, or a part of such purchase-money,
the taxes due thereon, or for work and material used in constructing improvements thereon, and
in this last case only when the work and material are contracted for in writing, with the consent
of the wife given in the same manner as is required in making a sale and conveyance of the
homestead; nor shall the owner, if a married man, sell the homestead without the consent of the
wife, given in such manner as may be prescribed by law. No mortgage, trust-deed, or other lien
on the homestead shall ever be valid, except for the purchase-money therefor, or improvements
made thereon, as hereinbefore provided, whether such mortgage, or trust-deed, or other lien, shall
have been created by the husband alone, or together with his wife; and all pretended sales of the
homestead involving any condition of defeasance shall be void.
*** SEND ***
*** SSTART 051.0 016.0 0 TX 1876 ***
SEC. 51. The homestead, not in a. town or city, shall consist of not more than two hundred acres
of land, which may be in one or more parcels, with the improvements thereon; the homestead in a
city, town, or village shall consist of lot, or lots, not to exceed in value five thousand dollars at
the time of their designation as the homestead without reference to the value. of any
improvements thereon: Provided, That the same shall be used for the purposes of a home, or as a
place to exercise the calling or business of the head of a family: Provided also, That any
temporary renting of the homestead shall not change the character of the same when no other
homestead has been acquired.
*** SEND ***
*** SSTART 052.0 016.0 0 TX 1876 ***
SEC. 52. On the death of the husband or wife, or both, the homestead shall descend and vest in
like manner as other real property of the deceased, and shall be governed by the same laws of
descent and distribution, but it shall not be partitioned among the heirs of the deceased during the
life-time of the surviving husband or wife, or so long as the survivor may elect to use or occupy
the same as a homestead, or so long as the guardian of the minor children of the deceased may be
permitted, under the order of the proper court having the jurisdiction, to use and occupy the
same.
*** SEND ***
*** SSTART 053.0 016.0 0 TX 1876 ***
SEC. 53. That no inconvenience may arise from the adoption of this constitution, it is declared
that all process and writs of all kinds which have been or may be issued and not returned or
executed when this constitution is adopted, shall remain valid, and shall not be in any way
affected by the adoption of this constitution.
*** SEND ***
*** SSTART 054.0 016.0 0 TX 1876 ***
SEC. 54. It shall be the duty of the legislature to provide for the custody and maintenance of
indigent lunatics, at the expense of the State, under such regulations and restrictions as the
legislature may prescribe.
*** SEND ***
*** SSTART 055.0 016.0 0 TX 1876 ***
SEC. 55. The legislature may provide annual pensions, not to exceed one hundred and fifty
dollars per annum, to surviving soldiers or volunteers in the war between Texas and Mexico,
from the commencement of the revolution in 1835 until the 1st of January, 1937; and also to the
surviving signers of the declaration of independence of Texas, and to the surviving widows,
continuing unmarried, of such soldiers and signers: Provided, That no such pension be granted
except to those in indigent circumstances, proof of which shall be made before the county court
of the county where the applicant resides, in such manner as may be provided by law.
*** SEND ***
*** SSTART 056.0 016.0 0 TX 1876 ***
SEC. 56. The legislature shall have no power to appropriate any of the public money for the
establishment and maintenance of a bureau of immigration, or for any purpose of bringing
immigrants to this State.
*** SEND ***
*** SSTART 057.0 016.0 0 TX 1876 ***
SEC. 57. Three million acres of the public domain are hereby appropriated and set apart for the
purpose of erecting a new State capitol -and other necessary public buildings at the seat of
government, said lands to be sold under the direction of the legislature; and the legislature shall
pass suitable laws to carry this section into effect.
*** SEND ***
*** AEND ***
*** ASTART 017.0 TX 1876 ***

ARTICLE XVII

MODE OF AMENDING THE CONSTITUTION OF THIS STATE
*** SSTART 001.0 017.0 0 TX 1876 ***
SECTION 1. The legislature, at any biennial session, by a vote of two-thirds of all the members
elected to each house, to be entered by yeas and nays on the journals, may propose amendments
to the constitution, to be voted upon by the qualified electors for members of the legislature,
which proposed amendments shall be duly published once a week for four weeks, commencing at
least three months before an election, the time of which shall be specified by the legislature, in
one weekly newspaper of each county in which such newspaper may be published; and it shall be
the duty of the several returning officers of said election to open a poll for, and make returns to,
the secretary of state of the number of legal votes cast at said election for and against said
amendments; and if more than one be proposed, then the number of votes cast for and against
each of them; and if it shall appear from said return that a majority of the votes cast have been
cast in favor of any amendment, the said amendment so receiving a majority of the votes cast
shall become a part of this constitution, and proclamation shall be made by the governor thereof.

*** SEND ***
*** AEND ***
*** ASTART 9016.0 TX 1876 ***

Done by the delegates of the people of Texas, in convention assembled, in the city of Austin, on
this the twenty-fourth day of November, in the year of our Lord one thousand eight hundred and
seventy-five.
In testimony whereof we hereunto subscribe our names.
EDWARD B. PICKETT, President.
LEIGH CHALMERS, Secretary.

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