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Section 2. The Senate shall consist of

thirty-one members.-The

house of ninety-three members. 3. The choosing of senators. 4. The choosing of representatives. 5. The Legislature shall meet every

two years. 6. To be eligible to be a senator. 7. To be eligible to be a represen

tative. 8. Each house shall be judge of

the qualification and election

of its own members. 9. The Senate shall elect a presi

dent pro tempore. 10. Two-thirds of each house shall

constitute a quorum. 11. Each house to determine the

rules of its own proceedings and punish members for dis

orderly conduct. 12. Each house to keep a journal. 13. Governor may fill the vacancies

in either house by Issuing

writs of election. 14. Senators and representatives

privileged from arrest. 15. Each house may punish by im

prisonment any person not a

member, etc. 16. The sessions of each house shall

be open, except. 17. They may not adjourn for more

than three days. 18. Senators and

representatives may not hold another office. 19. Officers who are not eligible to

the Legislature. 20. No person entrusted with public

money shall be eligible to the

Legislature. 21. Freedom of speech and debate. 22. No member having a personal

or private interest in any

measure shall vote thereon. 23. If any Senator or representa

tive removes his residence from the district for which he was elected his office thereby

becomes vacant. 24. Compensation for members of

the Legislature. 25. The State shall be divided into

senatorial districts.

Section 26. Apportionment of representa

tives. 27. Elections for senators and rep

resentatives shall be general. 28. A new apportionment to be

made after each United States

census. 29. The enacting clause of all laws,

shall be. 30. No law shall be passed except

by bill. 31. Bills may originate in either

house. 32. No bills shall have the force of

a law until read three times

in each house. 33. Bills for raising revenue shall

originate in the House of Rep

resentatives. 34. After a bill has once been de

feated by either house it shall

not come up again. 35. No bill shall contain more than

one subject. 36. No law shall be revived or

amended by reference to its

title. 37. In regard to the passing of bills. 38. Presiding officers of each house

shall sign all bills. 39. No law shall go into force until

ninety days after adjournment,

except. 40. The Legislature, when convened

in special session. 41. In all elections in the Legisla

ture the vote shall be viva

voce. 42. The Legislature shall pass laws

necessary to carry into effect the provisions of this Consti

tution. 43. Civil and criminal laws to be re

vised and published. 44. The compensation of officers,

servants, etc., shall be provid

ed for by law. 45. The power to change the venue

in civil and criminal cases. 46. Vagrant laws to be enacted. 47. Lotteries illegal. 48. For what purposes taxes may

be levied.

Section 49. In regard to creating State debt. 50. State credit shall not be given

or loaned. 51. Public money not to be granted

to individuals, associations, etc. 52. No sub-division of the State shall

lend its credit. 53. No extra compensation, fee or

allowance to a public officer to

be granted. 54. No lien held by the State upon

any railroad will be released or

alienated. F5. The indebtedness, liability or ob

ligation of any individual or corporation may not be re

leased. 56. Local or special laws may not be

passed, on the following sub

jects. 57. No local or special laws shall be

passed unless notice of the intention shall have been pub

lished. 58. The city of Austin shall be the

seat of government.

Section 12. How vacancies in State and dis

trict offices are to be filled. 13. During the session of the Legis

lature the Governor shall reside

in the same place, etc. 14. All bills to be presented to the

Governor. 15. Orders, resolutions or votes, to

which the concurrence of both houses is necessary, will be

presented to the Governor. 16. Lieutenant-Governor. 17. When the president of the Sen

ate shall act as Governor. 18. When the Lieutenant-Governor

or president of the Senate acts as Governor he shall be under

the same restriction, etc. 19. There shall be a seal of State

kept by the secretary. 20. All commissions shall be in the

name of the State. 21. The Secretary of State.-His du

pointment and salary. 22. The Attorney-General.-His du

ties and salary. 23. Other State officers.-Their sal

aries and term of office. 24. An account shall be kept for all

moneys received and disbursed. 25. Breach of trust. 26. Notaries public.


Judicial Department.


Executive Department. 1. The executive department shall

consist of certain officers. 7. They shall be elected by qualified

voters. 3. What is to be done with returns

of election of said officers. 4. When the Governor shall be in

stalled.-His term of office and

qualifications. 5. His compensation. 6. He may not hold any other office

during his term. 7. He shall be commander-in-chief

of the militia. 8. He may on extraordinary occa

sions convene the Legislature. 9. He shall recommend to the Leg

islature such measures as he

may deem expedient, etc. 10. He shall cause the laws to be

faithfully executed. 11. He may grant reprieves and par


1. The judicial power of the State.

-How vested. 2. The Supreme Court.--To consist

of whom. 3. Its jurisdiction and powers. 4. The Court of Criminal Appeals

to consist of three judges. 5. Its jurisdiction. 6. The States shall be divided into

not less than two, nor more

than three judicial districts. 7. In regard to judicial districts

and judges of the same.--Their terms of office and number of

courts held. 8. The District Court.-Its jurisdic


Section 3. I'o have the right to vote for

mayor and other elective off

cers. 4. Elections by the people shall be

by ballot. 5. Voters to be privileged from ar


ARTICLE VII. Education The Public Free Schools.

Section 9. Clerk of the District Court.--

His term of office, etc. 10. The right of trial by jury. 11. No judge may sit in any case

wherein he may be interested. 12. The style of process shall be. 13. The grand and petit juries in

the District Courts to be com

posed of twelve men. 14. The judicial districts in this

State are fixed until otherwise

provided by law. 15. The County Court shall be a

court of record. 16. Its jurisdiction. 17. The County Court shall hold a term once in

every two months.---It shall dispose of

probate business. 18. Each county shall be divided

into precincts. 19. Justices of the peace.---Their

jurisdiction. 20. County clerk.---His term of office

and duties. 21. The county attorney.---His elec

tion. 22. The civil and criminal jurisdic

tion of County Court may

be increased or diminished. 23. The sheriff.---His term of office,

duties and fees. 24. County officers may be removed

for incompetency. 25. The Supreme Court may estab

lish rules of procedure. 26. The State shall have no right of

appeal in criminal cases. 27. The Legislature shall at its first

session provide for the transfer of all business pending in

District Courts. 28. Vacancies in the office of judges

of certain courts shall be filled

by the Governor. 29. County Court shall hold at least

four terms each year.

1. Free schools to be established

and maintained. 2. The school funds and lands. 3. What revenues are to be de

voted to school funds. 4. Public school lands may be sold

under certain regulations. 5. The fund shall be a permanent

one, and shall not be dimin

ished. 6. All lands granted to counties

for educational purposes shall

be used for such purposes. 7. Separate schools shall be pro

vided for white and colored

children. 8. The board of education, to con

sist of whom. 9. In regard to asylums, etc. 10. The university of the first class

to be established. 11. Permanent university fund shall

be organized. 12. The lands pertaining to the

same shall be sold under cer

tain regulations. 13. The agricultural and mechanical

college shall be a branch of

the university. 14. A branch of the university shall

be established for the instruc

tion of colored youths. 15. One million acres of unappro

priated public land shall be set apart for the university.


Suffrage. 1. Enumeration of those who may

not vote. 2. To be eligible to vote.


Taxation and Revenue. 1. Taxation shall be equal and

uniform. 2. Corporation taxes shall be equal

and uniform upon the same class of subjects.


Counties. Section 1. The Legislature shall have power

to create counties for the convenience of the people, subject

to the following provisions. 2. In regard to the movement of

county seats.



Section 3. Taxes shall be levied and collect

ed by general law. 4. The power to tax corporations

shall not be surrendered. 6. All property of railroad com

panies within the limits of a city, etc., shall be subject to

the usual municipal taxation. 6. No money shall be drawn from

the treasury, but by appro

priation. 7. The Legislature may not borrow

any special fund that ought to

come into the treasury. 8. All property of railroad com

panies shall be assessed. 9. The tax for the benefit of the

public schools shall not exceed thirty-five cents on one hun

dred dollars. 10. No individual or corporation

shall be released from the payment of taxes levied for the

State or county. 11. How the taxes of non-residents

shall be paid. 12. All property owned by residents

of unorganized counties shall

be taxed. 13. The first Legislature shall pro

vide for the speedy sale of a sufficient portion of all lands,

etc. 14. An assessor of taxes.-His term

of office and election. 15. Property belonging to any de

linquent tax payer shall be

liable to seizure. 16. The sheriff of each county shall

also be collector of taxes. 17. The Legislature shall have power

to require other subjects or ob

jects to be taxed. 18. The Legislature shall provide for

equalizing the valuation of all

property subject to taxation. 19. Farm products in the hands of

the producer, and family supplies for home use are exempt from taxation.

1. In regard to the rights of rall

road corporations. 2. They are public highways, and

railroad companies are common

carriers. 3. Every railroad doing business in

the State shall maintain a pub

lic office in this State. 4. The rolling stock and other mov

able property of railroads shall be considered personal prop

erty. 5. No railroad shall consolidate

with any parallel or competing

line. 6. No railroad organized under the

laws of this State shall consolidate with any foreign cor

poration. 7. Street railways and cities and

towns must get the consent of

the local authorities. 8. No railroad in existence at the

time of the adoption of this constitution shall have the benefit of future legislation, ex

cept. 9. In regard to their obligations to

build a depot.


Municipal Corporations. 1. The counties of the State are

recognized as legal sub-divi

sions of the same. 2. The construction of public build

ings shall be provided by gene

ral law. 3. No sub-division of the State shall

be a stockholder in any corporation.

Section 4. Cities and towns of ten thousand

Inhabitants or less may be

chartered alone by general law. 5. Those having more than ten

thousand may have their charters granted by special act of

the Legislature. 6. Counties, cities or towns are au

thorized to levy and assess

taxes, etc. 7. All counties and cities bordering

on the Gulf of Mexico may collect taxes for the construction

of sea walls, break-waters, etc. 8. The Legislature may aid by do

nation for the construction of

the same. 9. Enumeration of property to be

exempt from forced sale and

taxation. 10. The Legislature may constitute

any city or town an independant school district.

ARTICLE XIII. Spanish and Mexican Land Titles, Section 1. All fines, penalties, etc., accru.

ing to the Republic and State of Texas under their constitutions shall accrue to the State

under this Constitution. 2. In regard to claim of title or

right of land in Texas issued prior to the 13th day of No

vember, 1835. 3. For the non-payment of taxes on

any such claim it shall be presumed that the right thereto

has reverted to the State. 4. In regard to the failure to re

cord such claim of title. 5. All claims, etc., declared void by

the Constitution of the Republic or State of Texas shall re

main forever void. 6. In regard to forgers of land

titles. 7. Sections 2, 3, 4 and 5 of this ar

ticle do not set aside or repeal any laws of the Republic or State of Texas.


Private Corporations. 1. They shall not be created except

by special law. 2. Private corporations.-How cre

ated. 3. The right to authorize and regu

late freights, tolls, fares, etc., shall never be relinquished by

the State. 4. The mode of procedure by the

Attorney-General and district or county attorneys shall be provided for by the Legisla

ture. 6. Laws granting the right to de

mand and collect freight, fares, tolls, etc., shall be subject to amendment or repeal by the

Legislature. 6. No corporations shall issue stocks

or bonds, except for money

paid. 7. Nothing in this article shall be

construed to effect the rights guaranteed by any existing statute of this State or the republic of Texas.

ARTICLE XIV. Public Land and Public Office. 1. There shall be one general land

office in the State, which shall

be at the seat of government. 2. All land certificates barred by

section 4, article 10, of the Constitution of 1869, are hereby re

vived. 3. No lands shall be granted by the

State, except upon the follow

ing restrictions. 4. No certificate for land shall be

sold except to actual settlers. 5. In regard to lands heretofore or

hereafter granted to railroad

companies. 6. To the head of every family

without а. homestead there shall be donated 160 acres of

public lands upon conditions. 7. All mines and minerals are re

leased to the owner of the soil.

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