GOVT 2302

The Texas Legislature – Constitutional Design

In this section we will walk through Article III of the Texas Constitution,

section by section, and discuss each in turn.

Article III provides the building blocks of the Texas Legislature and details aspects of the power of the

purse in the state.

If you find these power points clunky, these resources might be

more helpful:

- Texas Politics: The Legislative Branch.-

Citizen Handbook: How the Texas Legislature Works

.- TSHA: Texas Legislature.

If you are ambitious:

Here is a detailed history of the constitutional design of the legislative department in Texas

beginning in 1836. It provides a detailed history of each of these

sections.

It was produced by the Texas State Law Library.

This section will stick to issues directly tied to the Texas

Constitution. Other issues – for example, those related to parties –

will be discussed elsewhere.

As you already know, the Texas Legislature is one of three

branches of Texas government.

It is the law making branch, the one that allows for the diverse

interests in the state to have an influence on statewide

policymaking.

Article II of the Constitution establishes that Texas’ government

in composed of three distinct branches.

Here is the text:

DIVISION OF POWERS; THREE SEPARATE DEPARTMENTS; EXERCISE OF POWER PROPERLY

ATTACHED TO OTHER DEPARTMENTS. 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.

The three branches have unique functions:

Legislature – make lawsExecutive – implement lawsJudiciary – adjudicate laws

The US Constitution does not contain a similar clause.

It does not claim to be a system of separated powers, it simply is a

system of separated powers.

In 2305 we discussed the principle of separated powers exhaustively. James Madison argued

that the combination of legislative, executive, and judicial powers in one institution was

tyranny. In such a system, there is no way to limit power. The division of power into three

branches is meant to make the establishment of a tyranny difficult – though not impossible.

Forces will always attempt to combine these powers together.

The Texas Constitution also separates powers by requiring that each keep within its own sphere

of authority. The checks and balances are meant to ensure that

the ambitions of each are the primary mechanisms for doing so.

Recall that the separated powers are kept separated by the internal design of governing institutions.

The ambitions of each are intended to counteract the

ambitions of the other.

Remember that the 1876 Texas Constitution was written by

agrarians in the 1875 Convention (see Texas Politics here) that

reacted against the strong state government created in the 1869

Constitution.

See the Journals of the 1875 Convention here.

Many of the features we will see here were designed to limit legislative power – in the same way that features limited executive and judicial

power as well.

These will be pointed out as we go along. One of the criticisms of the Texas Constitution is that

the language that limited governmental power has required multiple amendments added

piecemeal over time to allow the Texas government to address the different issues that

come up from time to time.

This helps explain the length and confusion of much of the article.

(you have been warned)

It also helps to explain the length of this section – why so many power points.

Again:

The Texas Legislature is outlined in Article Three of the Texas Constitution

.

You might want to also read the legislature’s entry in the Handbook of Texas Online.

Here is a link to the original wording of

Article 3 of the 1876 Constitution.

It had 58 Sections and

3,809 words

It has since been amended considerably – as has all of the

Texas Constitution.

In the current version, the article contains 67 Sections and 29,557

words.

As discussed elsewhere, the additional language places more

clearly defined boundaries on the activities of the legislature.

It makes it more difficult to change as well without additional

constitutional amendments.

Section 1 contains the vesting clause.

SENATE AND HOUSE OF REPRESENTATIVES. 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."

The language establishes a bicameral legislature and vests it with the power

to make laws. In a broader sense, it also provides representation for the general

population and checks the executive and judicial branches.

Historically, it has also served as the watchdog over the public treasury and protects it from the executive branch.

This is what the building looks like:

Here’s a floor plan that shows you where the two chambers are

located.

The House is to the left and the Senate is to the right.

And links to each institution’s homepage:

The Texas HouseThe Texas Senate

Plus an all purpose site: Texas Legislature Online.

Ballotpedia has links on each as well. Here is the House, here is the

Senate.

As with the US and all but one state (Nebraska), Texas has a

unicameral legislature composed of a lower chamber (the House)

and an upper chamber (the Senate).

For more detail on state legislatures click on the website of

the National Conference of State Legislatures

, read the mission of this organization here.

Click here for comparisons of state legislatures.

Section 2 states how large each is.

Sec. 2. MEMBERSHIP OF SENATE AND HOUSE OF REPRESENTATIVES. The Senate shall consist of thirty-

one members. The House of Representatives shall consist of

150 members.

Click here for the House members of the 82nd Session.

Click here for the Senate Members of the 82nd Session.

Districts are described below, but here’s an early peek:

Texas House Districts

ACC is in the 29th House District.

Here is a description of it from the Texas Tribune. District analyses can be found on Randy Weber’s House

home page.

It was represented by Randy Weber in the 82nd Session.

Here is his profile in the Texas Tribune.

Texas Senate Districts

ACC is also in the 11th Senate District.

Here is the Texas Tribune’s description. District analyses can

be found on Mike Jackson’s Senate home page.

It was represented by Mike Jackson in the 82nd Session.

Here is his profile in the Texas Tribune.

As with most bicameral systems, the House has more members than

the Senate. This allows for more focused representation of a

smaller group of people in the House and a greater ability to

focus on the greater interests of the state in the Senate.

The Floor of the House

The Floor of the Senate

Section 3 describes the election and terms of office for Senators

Sec. 3. ELECTION AND TERM OF OFFICE OF SENATORS. The Senators shall be chosen by the qualified voters 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. Senators shall take office following their election, on the day set by law for the convening

of the Regular Session of the Legislature, and shall serve thereafter for the full term of years to which elected.

Click on Ballotpedia for detail on the 2012 Senate elections.

Section 4 describes the election and terms of office for Members of

the House

Sec. 4. ELECTION AND TERM OF MEMBERS OF HOUSE OF REPRESENTATIVES. The

Members of the House of Representatives shall be chosen by the qualified voters for

the term of two years. Representatives shall take office following their election, on the day set by law for the convening of the

Regular Session of the Legislature, and shall serve thereafter for the full term of

years to which elected.

Click on Ballotpedia for detail on the 2012 House elections.

2 year terms for the House4 year overlapping terms for the

Senate

All are elected by the qualified voters of the state.

For information about Texas Legislators Past and Present click here

.

Here is a break down of party affiliations in the

Texas Legislature.

And member statistics for recent legislatures

Section 5 establishes meeting times and how business is

conducted. It also begins to describe the bill making process.

(a) 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.

It meets every two years – note that the US Congress meets every year. The Texas

Legislative Reference Library details past legislative sessions and years.

The Governor cannot convene the Legislature for the general session, but he

can for special sessions. The President does not have a similar power over

Congress. He can only do so in “extraordinary” situations.

By the way, the most recent session of the legislature was

called the 82nd session because it was the 82nd time the legislature

has met in Texas history.

Here are dates of interest for the 83rd Session.

(b) When convened in regular Session, the first thirty days thereof shall be devoted to the introduction of bills and

resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor

and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the

succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to

consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by

the Governor. During the remainder of the session the Legislature shall act upon such bills and resolutions as may be

then pending and upon such emergency matters as may be submitted by the Governor in special messages to the

Legislature.

(c) Notwithstanding Subsection (b), either House may determine

its order of business by an affirmative vote of four-fifths of its

membership.

This begins the outline of the bill making process, which is described

separately in many places.

Here is a description from the House.

Legislation cannot be considered during the first 60 days of the session. The first 30 days are

devoted to the introduction of bills, the next 30 days to the consideration of bills in committees.

The legislature can only consider bills if the governor declares that there is an emergency

that requires immediate consideration. Governor Perry did so in the 82nd Session with

a sonogram bill. Commentary on the process here.

Note: While the office of the governor of Texas is argued to be weak. We will note that the office has tremendous power over the

legislature.

Click here for Governor Perry’s comments on the 82nd Session.

There are many different types of bills that can be introduced. Click here for descriptions.

The Texas Legislative Council describes how a bill originates and the process of introducing a bill.

In case you are curious, here are statistics detailing the

number of bills files in the legislature since the 19th Session,

and the number of bills passed and vetoed.

In the 82nd Regular Session, 10,315 bill were introduce and 5,526 were passed. 25 were

vetoed by the Governor.

Section 6 establishes the qualifications for Senators

Sec. 6. QUALIFICATIONS OF SENATORS. No person shall be a Senator, unless he be a citizen

of the United States, and, at the time of his election a qualified voter 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.

Section 7 establishes the qualifications for Representatives

Sec. 7. QUALIFICATIONS OF REPRESENTATIVES. No person shall be a Representative, unless he

be a citizen of the United States, and, at the time of his election, a qualified voter 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.

Section 8 states that each chamber can judge the qualifications and

elections of its members.

Sec. 8. EACH HOUSE JUDGE OF QUALIFICATIONS AND ELECTION;

CONTESTS. Each House shall be the judge of the qualifications and

election of its own members; but contested elections shall be

determined in such manner as shall be provided by law.

Section 9 is lengthy.

In section (a) it states that the Senate shall select a president pro

tempore who shall perform the duties of the Lieutenant Governor

if that office is vacated.

The office of the Lieutenant Governor is established in Article IV. Its powers are outlined in the

Senate Rules.

The Lieutenant Governor has the ability to appoint people to

committees, appoint committee chairs, direct the flow of legislation

through committees and on the floor. This is established in the

Senate Rules.

See TSHA: Lieutenant Governor.

The President pro tempore (for the time being) in the 82nd Legislature was

our own Mike Jackson. Here’s coverage of the exciting news. The

President pro tempore is third in line to the governorship.

Click here for a list of all past Presidents pro tempore. (Wikipedia)

A different member of the Senate - usually a senior member - is

elected at the end of the session to serve as President pro tempore

during the interim when the Legislature is not in session.

– Texas Politics

And:

(b) The House of Representatives shall, when it first assembles, organize

temporarily, and thereupon proceed to the election of a Speaker from its own

members.

(c) Each House shall choose its other officers.

As in the US Constitution, not a lot is stated in the Texas Constitution about

the power of the Speaker.

The Rules of the Texas House give the office considerable power over the

committee system and the bill making process, as well as procedures on the floor

of the Senate. These are contained in Rule 1 of the House Rules.

It also provides detail about how the Texas Speaker is elected. The

process can be found here as well.

Note that the Speaker is elected by a secret ballot in order to ensure that members who voted against him will not be punished with bad

committee assignments.

Here are Speaker Strauss’ recent committee assignments, and some stories related to his

past elections as Speaker.

Just like the Lieutenant Governor, the Speaker has the ability to

appoint people to committees, appoint committee chairs, direct

the flow of legislation through committees and on the floor.

This is quite a bit of power.

List of past Speakers.TSHA: Speaker of the House.

Section 10

Sec. 10. QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING

ATTENDANCE. 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.

A quorum is the minimum number of members of the legislature

necessary to do business.

This presents a tactical opportunity: Quorum Breaking.

Sometimes a minority of members can prevent business from going forward by not going to the legislature. As long as at least 51 House members, or 11 Senate

members are gone, nothing can proceed.

Here are two examples:

1979: The Killer Bees. 12 Senators hid out in Austin to prevent an election bill from

being presented on the floor.

2003: The Killer D’s. 52 House members, all Democrats – fled the state to temporarily

halt redistricting in 2003. The Texas Eleven fled the Senate.

Section 11

Sec. 11. RULES OF PROCEDURE; EXPULSION OF MEMBER. 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 offense.

The rules of procedure for the House can be found here and

those of the Senate here.

Here are notes from a committee which meet to consider expelling a

member in 1909.

The NCSL describes the process across the nation. Texas has never

expelled a member.

Section 12

Section 12 is also lengthy. It states that the Legislature must keep a

journal, and describes the process for recorded votes.

(a) Each house of the legislature shall keep a journal of its

proceedings, and publish the same.

Links to the journals can be found here.

The remainder of the section adds detail to this requirement.

Section 13

VACANCIES; WRITS OF ELECTION.

(a) 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.

(b) The legislature may provide by general law for the filling of a vacancy in the legislature without an election if only one person qualifies and declares a candidacy in

an election to fill the vacancy.

What is a writ of election?

“A writ by an executive authority requiring the holding of an

election, especially one issued by a governor to require a special

election for filling a vacancy in the representation from a state.”

Here’s an announcement about a special election

from the Governor’s office on January 25, 2002. And one from

July 20, 2011.

Section 14

PRIVILEGED FROM ARREST

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.

This is similar to the right detailed in the US Constitution. It is intended to ensure that the

legislature cannot be intimidated by the executive. The purse is

protected from the sword.

Section 15

DISRESPECTFUL OR DISORDERLY CONDUCT; OBSTRUCTION OF

PROCEEDINGS

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.

Section 16

OPEN SESSIONS

The sessions of each House shall be open, except the Senate when

in Executive session.

The Texas House and Senate have galleries where spectators can

watch the proceedings.

Section 17

ADJOURNMENTS

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.

Section 18

INELIGIBILITY FOR OTHER OFFICES; INTEREST IN CONTRACTS

Section 19

INELIGIBILITY OF PERSONS HOLDING OTHER OFFICES

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 any foreign

government shall during the term for which he is elected or appointed, be

eligible to the Legislature.

Section 20

COLLECTORS OF TAXES; PERSONS ENTRUSTED WITH PUBLIC MONEY;

INELIGIBILITY.

No person who at any time may have been a collector of taxes, or who may have been

otherwise entrusted 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 entrusted.

Section 21

WORDS SPOKEN IN DEBATE

No member shall be questioned in any other place for words spoken

in debate in either House.

Section 22

DISCLOSURE OF PRIVATE INTEREST IN MEASURE OR BILL; NOT TO

VOTE.

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.

Section 23

REMOVAL FROM DISTRICT OR COUNTY FROM WHICH ELECTED

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.

Section 24

COMPENSATION AND EXPENSES OF MEMBERS OF LEGISLATURE;

DURATION OF SESSIONS.

This is one of the more consequential sections.

(a) Members of the Legislature shall receive from the Public Treasury a salary of Six Hundred Dollars ($600) per month,

unless a greater amount is recommended by the Texas Ethics Commission and approved by the voters of this State in which

case the salary is that amount. Each member shall also receive a per diem set by the Texas Ethics Commission for each day during

each Regular and Special Session of the Legislature.

(b) No Regular Session shall be of longer duration than one hundred and forty (140) days.

(c) In addition to the per diem the Members of each House shall be entitled to mileage at the same rate as prescribed by law for

employees of the State of Texas.

Members of the legislature are to be paid $600 per month. Any changes have to be

recommended by the Texas Ethics Commission and approved by the voters.

The Regular Session can’t be longer than 140 days. Members also receive a per diem when

the legislature is in session and can be compensated for mileage.

This section has been amended several times.

Altogether, these factors are meant to guarantee an amateur legislature

composed of members who are part time legislators and continue to have

occupations elsewhere.

Is an amateur legislature a good thing? Here’s an argument that it is not.

Is 140 days too short?

Does it give enough time for legislators to read and understand

the laws they are voting on?

Does low pay discourage otherwise competent candidates from

running for office?

Is low pay a throw back to the days when legislating was done by elite

gentlemen?

Here is a comparison of the salaries of legislators throughout

the states.

Section 24a

TEXAS ETHICS COMMISSION

This section establishes the Texas Ethics Commission.

Website TSHA

Texas TribuneStar-Telegram

Wikipedia

The commission was established in 1991 by a voter approved

constitutional amendment.

Its purpose is to "provide guidance on various public ethics laws“ in Texas.

Among other things it set the pay of members of the legislature (subject to

voter approval), administers laws concerning

political contributions and expenditures and lobbying registration.

Section 25

SENATORIAL DISTRICTS

The State shall be divided into Senatorial Districts of contiguous

territory, and each district shall be entitled to elect one Senator.

Section 26

APPORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTATIVES.

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.

Section 27

ELECTIONS

Elections for Senators and Representatives shall be general

throughout the State, and shall be regulated by law.

Section 28.

TIME FOR APPORTIONMENT; APPORTIONMENT BY LEGISLATIVE

REDISTRICTING BOARD.

This is a lengthy section that details the redistricting process.

The primary responsibility to do so is given to the legislature, but if

they cannot, then it is given to the Legislative Redistricting Board.

The section then goes onto create the Legislative Redistricting Board of

Texas, which “shall be composed of five (5) members, as follows: The

Lieutenant Governor, the Speaker of the House of Representatives, the

Attorney General, the Comptroller of Public Accounts and the Commissioner

of the General Land Office.”

Some links related to the board:

WebsiteTexas Tribune

Article by Bill HobbyOverview of Redistricting

The board was established by an amendment to the Constitution adopted by the voters in 1948.

Section 29

ENACTING CLAUSE OF LAWS

The enacting clause of all laws shall be: "Be it enacted by the

Legislature of the State of Texas."

What does it mean to enact a law?

To put it into practice.

This gets to the heart of what legislatures do.

The Texas Legislative Council assists legislators in drafting a

preparing bills.

This begins a series of sections that detail the bill making process in

the state.

Here are other places you can find that information detailed.

TLI: Process for a Bill.HRO: How a Bill Becomes a Law.TLC: Reading Bills and Statutes.

TLO: How to Follow a Bill.

You can also walk through the following sections from Texas

Politics:

Introduction and ReferralCommittee Action

Floor ActionConference Committee

Governor’s Desk

Section 30

LAWS PASSED BY BILL; AMENDMENTS CHANGING

PURPOSE.

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.

Section 31

ORIGINATION IN EITHER HOUSE; AMENDMENT

Bills may originate in either House, and, when passed by such House,

may be amended, altered or rejected by the other.

Sec. 32. READING ON THREE SEVERAL DAYS; SUSPENSION OF

RULE

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 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.

Section 33

REVENUE BILLS

All bills for raising revenue shall originate in the House of

Representatives.

Section 34

DEFEATED BILLS AND RESOLUTIONS

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.

Section 35

SUBJECTS AND TITLES OF BILLS

(a) 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.

(b) The rules of procedure of each house shall require that the subject of each bill be expressed in its title in a

manner that gives the legislature and the public reasonable notice of that subject. The legislature is

solely responsible for determining compliance with the rule.

(c) A law, including a law enacted before the effective date of this subsection, may not be held void on the

basis of an insufficient title.

Section 36

REVIVAL OR AMENDMENT BY REFERENCE; RE-ENACTMENT AND

PUBLICATION AT LENGTH

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.

Section 37

REFERENCE TO COMMITTEE AND REPORT

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.

Committees in the Texas House

Committees in the Texas Senate

Section 38

SIGNING BILLS AND JOINT RESOLUTIONS; ENTRY ON

JOURNALS

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.

Section 39

TIME OF TAKING EFFECT OF LAWS; EMERGENCIES; ENTRY ON

JOURNAL

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 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.

Bills go into effect 90 days after they are signed into law

Section 40

SPECIAL SESSIONS; SUBJECTS OF LEGISLATION; DURATION

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.

Section 41

ELECTIONS BY SENATE AND HOUSE OF REPRESENTATIVES

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.

This is an important section. It states that votes shall be public

(vica voce means living voice) but votes for legislative officers – especially the Speaker of the

House – shall be secret in order to ensure that a vindictive winner will

not punish those who voted against him.

Section 42 was repealed in 1969.

I have yet to find out its subject.

Section 43.

REVISION OF LAWS

(a) The Legislature shall provide for revising, digesting and publishing the laws, civil and criminal; 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.

(b) In this section, "revision" includes a revision of the statutes on a particular subject and any enactment having the purpose, declared in the enactment, of codifying without substantive change statutes that

individually relate to different subjects.

Section 44

COMPENSATION OF PUBLIC OFFICERS, SERVANTS, AGENTS,

AND CONTRACTORS; EXTRA COMPENSATION; UNAUTHORIZED

CLAIMS; UNAUTHORIZED EMPLOYMENT

Section 45

CHANGE OF VENUE IN CIVIL AND CRIMINAL CASES

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.

Section 46

UNIFORMITY IN COLLECTION OF FEES

Section 47

LOTTERIES AND GIFT ENTERPRISES; BINGO GAMES

Section 48-e

EMERGENCY SERVICES DISTRICTS

Laws may be enacted to provide for the establishment and creation

of special districts to provide emergency services . . .

It authorizes the levying of a tax to pay for them.

Section 48-f

JAIL DISTRICTS

The legislature, by law, may provide for the creation, operation, and financing of

jail districts and may authorize each district to issue bonds and other

obligations and to levy an ad valorem tax on property located in the district to pay

principal of and interest on the bonds and to pay for operation of the district

Section 49

STATE DEBTS

This lengthy section establishes when the state can create debt. It

allows for debt to be issued (bonds sold) if the voters approve.

Section 49 has many subsections related to funding and other

financial matters.

Section 49a

FINANCIAL STATEMENT AND ESTIMATE BY COMPTROLLER OF PUBLIC ACCOUNTS; LIMITATION

OF APPROPRIATIONS.

This section mandates that the Comptroller present to the

legislature a statement about the financial condition of the state

prior to the session. This is what the budget is based on.

Section 49-b concerns various issues associated with the well

being of veterans.

Sections 49-c though 49-e concern water development funds and

related issues.

Section 49-f

BONDS TO FUND FINANCIAL ASSISTANCE TO PURCHASE FARM

AND RANCH LAND

Section 49-g

SUPERCONDUCTING SUPER COLLIDER FUND.

This helped fund the Texas Supercollider when it was

being built and became moot when the project was terminated.

The section was then repealed.

Section 49-g establishes the Economic Stabilization Fund (

the Rainy Day Fund).

Section 49-h

BOND ISSUES FOR FACILITIES OF CORRECTIONAL INSTITUTIONS,

STATEWIDE LAW ENFORCEMENT FACILITIES, AND MENTAL HEALTH

AND MENTAL RETARDATION INSTITUTIONS.

Section 49-h allows for bonds to be sold to build prisons and mental

health facilities.

Section 49-i allows for bonds to be sold to establish the Texas

Agricultural Fund.

Section 49-j places limits on additional state debt beyond what

is allowed in the preceding sections.

Section 49-k establishes the Texas Mobility Fund.

Section 49-l allows for assistance for building roads to serve

colonias.

Section 49-m and n allows for funding highway projects as well as

projects aimed at benefiting defense related communities.

Section 49-o allows for funding the Texas Rail and Relocation Improvement Fund

.

Section 49-p allows for bonds not to exceed $5 billion for highway

construction projects.

Section 50 limits the ability of the state to provide credit and related

assistance.

Section 50a allows for the creation of the State Medical Educational

Board.

Sections 50b-4, 5 and 6 allow for student loans

Sections 50c, d, e, f and g provide for loans related to agriculture,

and the maintenance, improvement and repair required

by various state agencies.

Section 51 prevents the legislature form making grants to individuals

or corporations

Section 51

GRANTS OF PUBLIC MONEY PROHIBITED; EXCEPTIONS

The Legislature shall have no power to make any grant or authorize the making of

any grant of public moneys to any individual, association of individuals,

municipal or other corporations whatsoever; provided that the provisions of this Section shall not be construed so as to prevent the grant of aid in cases of public

calamity.

Sections 51a – g authorize various forms of assistance. Many of these are related to the Social Security Act and

allow the state to enter into agreements with the federal

government to receive grants of assistance to people listed in the Act.

Section 52

COUNTIES, CITIES OR OTHER POLITICAL CORPORATIONS OR

SUBDIVISIONS; LENDING CREDIT; GRANTS; BONDS

Sections 52 a – k concern the relationship between the state and

smaller, local governments.

Section 53

COUNTY OR MUNICIPAL AUTHORITIES; EXTRA

COMPENSATION; UNAUTHORIZED CLAIMS

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 of the State, under any

agreement or contract, made without authority of law

Section 55

RELEASE OR EXTINGUISHMENT OF INDEBTEDNESS TO STATE, COUNTY, SUBDIVISION, OR MUNICIPAL CORPORATION.

The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in

part, the indebtedness, liability or obligation of any corporation or individual,

to this State or to any county or defined subdivision thereof, or other municipal corporation therein, except delinquent

taxes which have been due for a period of at least ten years.

Section 56

LOCAL AND SPECIAL LAWS.

This is an important section. It limits the state legislature from

passing laws on a large number of items that are better decided on at

the local level. The list is a pretty good run through of the functions

of local government.

Section 57

NOTICE OF INTENTION TO APPLY FOR LOCAL OR SPECIAL LAWS

Section 57 states that local laws passed by the legislature cannot be passed unless notice is given in the

locality affected by the law.

Section 58

SEAT OF GOVERNMENT.

The Legislature shall hold its sessions at the City of Austin, which is hereby declared to be the seat of

government.

Just in case you didn’t know this already.

Sections 59 and 60 allow for the establishment of Workers’ Compensation Insurance.

Section 59 for state employees.Section 60 for county and local

government employees.

Workers’ Compensation Insurance is managed by the Texas Department of Insurance.

Section 61-a

MINIMUM SALARIES

The Legislature shall not fix the salary of the Governor, Attorney General, Comptroller of Public Accounts, Commissioner of the

General Land Office or Secretary of State at a sum less than that fixed for such officials in the Constitution

on January 1, 1953.

Section 62

CONTINUITY OF STATE AND LOCAL GOVERNMENTAL OPERATIONS;

SUSPENSION OF CONSTITUTIONAL PROCEDURAL RULES

If you are a conspiracy theorists, you’ll love this section.

Continuity of Government Plans date back to the Cold War – on the national level -

and are attempts to ensure that governmental operations will continue in

the event of a nuclear, or other severe attack, or a devastating natural

emergency.

This section was originally added in 1962 – around the time of the Cuban Missile Crisis.

This section authorizes the state to put together Hurricane Response Plans.

During times of emergency, procedural rules which normally

limit the Legislature can be relaxed. Governmental powers can

be expanded.

But the limits established in the Texas Bill of Rights cannot be suspended.

Section 63 was repealed

Section 64

CONSOLIDATION OF GOVERNMENTAL OFFICES AND

FUNCTIONS

The was an attempt – one of many – to stream line the governing

process in the state.

Section 65

PUBLIC BONDS; INTEREST RATE; CONFLICTING RATES REPEALED; VETERANS' LAND BOARD BONDS

This section attempts to cap the interest rates on bonds.

Section 66

LIMITATION ON LIABILITY FOR NONECONOMIC DAMAGES

This is what the tort reform efforts of 2003 look like. This allows the legislature to

place limits on pecuniary losses or other noneconomic damages in civil suits. Was it

good policy?

A positive appraisal from the Texas Public Policy Foundation. A negative assessment

from the ABA.

Section 67

CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS

Added in 2007 by the voters, it allows for bonds – not to exceed

$3 billion – to fund cancer research in the state and establishes the

CPRT.

Information on the legislation leading to the proposition. Texas

Tribune stories on the CPRT.

That’s it.

You may now rest your eyes.