Texas Constitution 2019

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Constitution,Includes Amendments Through,the November 5 2019. Constitutional Amendment Election,Prepared by the Legal Division. Texas Legislative Council,Published by the,Texas Legislative Council. Texas Legislative Council,Lieutenant Governor Dan Patrick Joint Chair. Speaker Dennis Bonnen Joint Chair,Jeff Archer Executive Director.
The mission of the Texas Legislative Council is, to provide professional nonpartisan service and support. to the Texas Legislature and legislative agencies,In every area of responsibility. we strive for quality and efficiency, Copies of this publication 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 Publications Depository Program at the Texas. State Library and other state depository libraries This publication can be found at. https www tlc texas gov publications, Additional copies of this publication may be obtained from the council. By mail P O Box 12128 Austin TX 78711 2128,By phone 512 463 1144.
By e mail house documentdistribution tlc texas gov. By online request form legislative offices only https bilreq House aspx. CONSTITUTION,STATE OF TEXAS,Adopted February 15 1876. Article Page,Note on Section Headings v,Preamble 1. I Bill of Rights 1,II The Powers of Government 9,III Legislative Department 10. IV Executive Department 75,V Judicial Department 83. VI Suffrage 99,VII Education 101,VIII Taxation and Revenue 119.
IX Counties 143,X Railroads 153,XI Municipal Corporations 154. XII Private Corporations 157,XIII Spanish and Mexican Land Titles. Repealed Aug 5 1969 158,XIV Public Lands and Land Office 159. XV Impeachment 160,XVI General Provisions 162,XVII Mode of Amending the Constitution. of This State 199,Appendix Notes on Temporary Provisions for.
Adopted Amendments 201,This page intentionally left blank. NOTE ON SECTION HEADINGS, The headings to the individual sections of the Texas Constitution are with a. few exceptions unofficial and have been added for the convenience of the reader. The Texas Legislative Council revised many of the section headings in 2017 and. continues to include descriptive headings as sections are added or amended. This page intentionally left blank,Art I Sec 1, Humbly invoking the blessings of Almighty God the people of the State of. Texas do ordain and establish this Constitution,BILL OF RIGHTS. That the general great and essential principles of liberty and free government. may be recognized and established we declare, Sec 1 FREEDOM AND SOVEREIGNTY OF STATE Texas is a free and.
independent State subject only to the Constitution of the United States and. the maintenance of our free institutions and the perpetuity of the Union depend. upon the preservation of the right of local self government unimpaired to all. the States, Sec 2 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. GOVERNMENT All political power is inherent in the people and all free. governments are founded on their authority and instituted for their benefit The. faith of the people of Texas stands pledged to the preservation of a republican. form of government and subject to this limitation only they have at all times. the inalienable right to alter reform or abolish their government in such manner. as they may think expedient, Sec 3 EQUAL RIGHTS All free men when they form a social compact have. equal rights and no man or set of men is entitled to exclusive separate public. emoluments or privileges but in consideration of public services. Sec 3a EQUALITY UNDER THE LAW Equality under the law shall not be. denied or abridged because of sex race color creed or national origin This. amendment is self operative Added Nov 7 1972, Sec 4 RELIGIOUS TESTS No religious test shall ever be required as a. qualification to any office or public trust in this State nor shall any one be. excluded from holding office on account of his religious sentiments provided. he acknowledge the existence of a Supreme Being, Sec 5 WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS OATHS. AND AFFIRMATIONS No person shall be disqualified to give evidence in any. of the Courts of this State on account of his religious opinions or for the want. of any religious belief but all oaths or affirmations shall be administered in the. mode most binding upon the conscience and shall be taken subject to the pains. and penalties of perjury, Sec 6 FREEDOM OF WORSHIP All men have a natural and indefeasible.
right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend erect or support any place of worship or. to maintain any ministry against his consent No human authority ought in any. case whatever to control or interfere with the rights of conscience in matters. of religion and no preference shall ever be given by law to any religious society. or mode of worship But it shall be the duty of the Legislature to pass such laws. as may be necessary to protect equally every religious denomination in the. peaceable enjoyment of its own mode of public worship. Art I Sec 7, Sec 7 APPROPRIATIONS FOR SECTARIAN PURPOSES No money shall be. appropriated or drawn from the Treasury for the benefit of any sect or religious. society theological or religious seminary nor shall property belonging to the. State be appropriated for any such purposes, Sec 8 FREEDOM OF SPEECH AND PRESS LIBEL Every person shall be at. liberty to speak write or publish his opinions on any subject being responsible for. the abuse of that privilege and no law shall ever be passed curtailing the liberty of. speech or of the press In prosecutions for the publication of papers investigating. the conduct of officers or men in public capacity or when the matter published. is proper for public information the truth thereof may be given in evidence And. in all indictments for libels the jury shall have the right to determine the law. and the facts under the direction of the court as in other cases. Sec 9 SEARCHES AND SEIZURES The people shall be secure in their. persons houses papers and possessions from all unreasonable seizures or. searches and no warrant to search any place or to seize any person or thing. shall issue without describing them as near as may be nor without probable. cause supported by oath or affirmation, Sec 10 RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS In all criminal. prosecutions the accused shall have a speedy public trial by an impartial jury He. shall have the right to demand the nature and cause of the accusation against. him and to have a copy thereof He shall not be compelled to give evidence. against himself and shall have the right of being heard by himself or counsel or. both shall be confronted by the witnesses against him and shall have compulsory. process for obtaining witnesses in his favor except that when the witness resides. out of the State and the offense charged is a violation of any of the anti trust. laws of this State the defendant and the State shall have the right to produce. and have the evidence admitted by deposition under such rules and laws as the. Legislature may hereafter provide and no person shall be held to answer for a. criminal offense unless on an indictment of a grand jury except in cases in which. the punishment is by fine or imprisonment otherwise than in the penitentiary in. cases of impeachment and in cases arising in the army or navy or in the militia. when in actual service in time of war or public danger Amended Nov 5 1918. Sec 11 BAIL All prisoners shall be bailable by sufficient sureties unless. for capital offenses when the proof is evident but this provision shall not be. so construed as to prevent bail after indictment found upon examination of the. evidence in such manner as may be prescribed by law. Sec 11a DENIAL OF BAIL AFTER MULTIPLE FELONIES a Any person 1. accused of a felony less than capital in this State who has been theretofore. twice convicted of a felony the second conviction being subsequent to the first. both in point of time of commission of the offense and conviction therefor 2. accused of a felony less than capital in this State committed while on bail for. a prior felony for which he has been indicted 3 accused of a felony less than. capital in this State involving the use of a deadly weapon after being convicted. of a prior felony or 4 accused of a violent or sexual offense committed while. under the supervision of a criminal justice agency of the State or a political. subdivision of the State for a prior felony after a hearing and upon evidence. Art I Sec 11b, substantially showing the guilt of the accused of the offense in 1 or 3 above. of the offense committed while on bail in 2 above or of the offense in 4. above committed while under the supervision of a criminal justice agency of the. State or a political subdivision of the State for a prior felony may be denied bail. pending trial by a district judge in this State if said order denying bail pending. trial is issued within seven calendar days subsequent to the time of incarceration. of the accused provided however that if the accused is not accorded a trial. upon the accusation under 1 or 3 above the accusation and indictment used. under 2 above or the accusation or indictment used under 4 above within. sixty 60 days from the time of his incarceration upon the accusation the order. denying bail shall be automatically set aside unless a continuance is obtained. upon the motion or request of the accused provided further that the right of. appeal to the Court of Criminal Appeals of this State is expressly accorded the. accused for a review of any judgment or order made hereunder and said appeal. shall be given preference by the Court of Criminal Appeals. b In this section,1 Violent offense means, B aggravated assault if the accused used or exhibited a deadly weapon.
during the commission of the assault,C aggravated kidnapping or. D aggravated robbery,2 Sexual offense means,A aggravated sexual assault. B sexual assault or, C indecency with a child Added Nov 6 1956 amended Nov 8 1977. Subsec a amended and b added Nov 2 1993, Sec 11b DENIAL OF BAIL FOR VIOLATION OF CONDITION OF RELEASE. Any person who is accused in this state of a felony or an offense involving family. violence who is released on bail pending trial and whose bail is subsequently. revoked or forfeited for a violation of a condition of release may be denied bail. pending trial if a judge or magistrate in this state determines by a preponderance. of the evidence at a subsequent hearing that the person violated a condition of. release related to the safety of a victim of the alleged offense or to the safety of. the community Added Nov 8 2005 amended Nov 6 2007, Sec 11c DENIAL OF BAIL FOR VIOLATION OF PROTECTIVE ORDER.
INVOLVING FAMILY VIOLENCE The legislature by general law may provide. that any person who violates an order for emergency protection issued by a. judge or magistrate after an arrest for an offense involving family violence or. who violates an active protective order rendered by a court in a family violence. case including a temporary ex parte order that has been served on the person. or who engages in conduct that constitutes an offense involving the violation. of an order described by this section may be taken into custody and pending. Art I Sec 12, trial or other court proceedings denied release on bail if following a hearing a. judge or magistrate in this state determines by a preponderance of the evidence. that the person violated the order or engaged in the conduct constituting the. offense Added Nov 6 2007, Sec 12 HABEAS CORPUS The writ of habeas corpus is a writ of right and. shall never be suspended The Legislature shall enact laws to render the remedy. speedy and effectual, Sec 13 EXCESSIVE BAIL OR FINES CRUEL OR UNUSUAL PUNISHMENT. OPEN COURTS REMEDY BY DUE COURSE OF LAW Excessive bail shall not be. required nor excessive fines imposed nor cruel or unusual punishment inflicted. All courts shall be open and every person for an injury done him in his lands. goods person or reputation shall have remedy by due course of law. Sec 14 DOUBLE JEOPARDY No person for the same offense shall be twice. put in jeopardy of life or liberty nor shall a person be again put upon trial for the. same offense after a verdict of not guilty in a court of competent jurisdiction. Sec 15 RIGHT OF TRIAL BY JURY The right of trial by jury shall remain. inviolate The Legislature shall pass such laws as may be needed to regulate. the same and to maintain its purity and efficiency Provided that the. Legislature may provide for the temporary commitment for observation. and or treatment of mentally ill persons not charged with a criminal offense. for a period of time not to exceed ninety 90 days by order of the County. Court without the necessity of a trial by jury Amended Aug 24 1935. Sec 15 a COMMITMENT OF PERSONS OF UNSOUND MIND No person. shall be committed as a person of unsound mind except on competent medical. or psychiatric testimony The Legislature may enact all laws necessary to provide. for the trial adjudication of insanity and commitment of persons of unsound. mind and to provide for a method of appeal from judgments rendered in such. equal rights and no man or set of men is entitled to exclusive separate public emoluments or privileges but in consideration of public services Sec 3a EQUALITY UNDER THE LAW Equality under the law shall not be denied or abridged because of sex race color creed or national origin This amendment is self operative Added Nov 7 1972

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