Texas Constitution 2019

1 Texas Constitution Includes Amendments Through the November 7, 2017, Constitutional Amendment Election Texas Constitution Includes Amendments Through the November 7, 2017, Cons tu onal Amendment Elec on Prepared by the Legal Division of the Texas Legisla ve Council Published by the Texas Legisla ve Council Box 12128. Aus n, Texas 78711-2128. Lieutenant Governor Dan Patrick, Joint Chair Speaker Joe Straus, Joint Chair Je Archer, Execu ve Director The mission of the Texas Legisla ve Council is to provide professional, nonpar san service and support to the Texas Legislature and legisla ve agencies. In every area of responsibility, we strive for quality and e ciency.

2 Copies of this publica on have been distributed in compliance with the state depository law (Subchapter G, Chapter 441, Government Code), and are available for public use through the Texas State Publica ons Depository Program at the Texas State Library and other state depository libraries. An online version of this publica on can be found at h Addi onal copies of this publica on may be obtained from the council: By mail: Box 12128, Aus n, TX 78711-2128. By phone: (512) 463-1144. By e-mail: By online request form (legisla ve o ces only): h p:// Constitution . OF THE. STATE OF Texas . Adopted February 15, 1876. Ar cle Page Note on Revised Sec on Headings.

3 V Preamble .. 1. I. Bill of Rights .. 1. II. The Powers of Government .. 9. III. Legisla ve Department ..10. IV. Execu ve Department ..74. V. Judicial Department ..82. VI. Su rage ..98. VII. Educa on ..100. VIII. Taxa on and Revenue ..118. IX. Coun es ..142. X. Railroads ..152. XI. Municipal Corpora ons ..153. XII. Private Corpora ons ..156. XIII. Spanish and Mexican Land Titles (Repealed Aug. 5, 1969.) ..157. XIV. Public Lands and Land O ce ..158. XV. Impeachment ..159. XVI. General Provisions ..161. XVII. Mode of Amending the Cons tu on of This State ..198. Appendix: Notes on Temporary Provisions for Adopted Amendments ..199. Index ..205. This page intentionally left blank.

4 NOTE ON REVISED SECTION HEADINGS. When the Texas Constitution was adopted in 1876, the text did not include headings to the individual sections. Similarly, when new sections have been proposed by the legislature and approved by the voters since 1876, they have not, with rare exceptions, included section headings. Publishers have added unofficial section headings for the convenience of the reader. However, many of those headings have become dated, and others have not been revised to reflect subsequent amendments. In updating this publication of the Texas Constitution to reflect the amendments approved by the voters at the November 2017 election, the Texas Legislative Council has also revised the section headings throughout to more accurately reflect the substance of the sections and to modernize and standardize the section heading language.

5 V This page intentionally left blank. Art. I Sec. 1. PREAMBLE. Humbly invoking the blessings of Almighty God, the people of the State of Texas , do ordain and establish this Constitution . ARTICLE I. BILL OF RIGHTS. That the general, great and essential principles of liberty and free government may be recognized and established, we declare: Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Cons tu on of the United States, and the maintenance of our free ins tu ons and the perpetuity of the Union depend upon the preserva on of the right of local self-government, unimpaired to all the States. Sec. 2. I N H E R E N T P O L I T I C A L P OW E R; R E P U B L I C A N FO R M O F.

6 GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and ins tuted for their bene t. The faith of the people of Texas stands pledged to the preserva on of a republican form of government, and, subject to this limita on only, they have at all mes the inalienable right to alter, reform or abolish their government in such manner as they may think expedient. Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact, have equal rights, and no man, or set of men, is en tled to exclusive separate public emoluments, or privileges, but in considera on of public services. Sec. 3a. EQUALITY UNDER THE LAW.

7 Equality under the law shall not be denied or abridged because of sex, race, color, creed, or na onal origin. This amendment is self-opera ve. (Added Nov. 7, 1972.). Sec. 4. RELIGIOUS TESTS. No religious test shall ever be required as a quali ca on to any o ce, or public trust, in this State; nor shall any one be excluded from holding o ce on account of his religious sen ments, provided he acknowledge the existence of a Supreme Being. Sec. 5. WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS. AND AFFIRMATIONS. No person shall be disquali ed 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 a rma ons shall be administered in the mode most binding upon the conscience , and shall be taken subject to the pains and penal es of perjury.

8 Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to a end, 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 ma ers of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomina on in the peaceable enjoyment of its own mode of public worship.

9 1. Art. I Sec. 7. Sec. 7. APPROPRIATIONS FOR SECTARIAN PURPOSES. No money shall be appropriated, or drawn from the Treasury for the bene t of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes. Sec. 8. FREEDOM OF SPEECH AND PRESS; LIBEL. Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecu ons for the publica on of papers, inves ga ng the conduct of o cers, or men in public capacity, or when the ma er published is proper for public informa on, the truth thereof may be given in evidence.

10 And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direc on of the court, as in other cases. Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or a rma on. Sec. 10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. In all criminal prosecu ons the accused shall have a speedy public trial by an impar al jury. He shall have the right to demand the nature and cause of the accusa on against him, and to have a copy thereof.