State constitution
Constitution of Texas
Data from Texas Statutes — Texas Constitution
Full 17-article structure with condensed section text. Article 1 (Bill of Rights) is close to the section catchlines; the very long Article 3 (Legislative) and Article 16 (General Provisions) show headline sections only. Read the complete, verbatim constitution at the source link.
Article Pr. Preamble
§ — Preamble
Humbly invoking the blessings of Almighty God, the people of the State of Texas do ordain and establish this Constitution.
Article 1 Bill of Rights
§ 1 Freedom and sovereignty of the State
Texas is a free and independent State, subject only to the Constitution of the United States; the maintenance of local self-government, unimpaired to the states, is essential to the preservation of liberty.
§ 2 Inherent political power
All political power is inherent in the people; they have at all times the inalienable right to alter, reform, or abolish their government in such manner as they may think expedient.
§ 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.
§ 3a Equality under the law
Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin (the Texas Equal Rights Amendment).
§ 4 Religious tests
No religious test shall ever be required as a qualification to any office, provided the officeholder acknowledges the existence of a Supreme Being.
§ 5 Witnesses; oaths and affirmations
No person shall be disqualified as a witness on account of religious opinions, and oaths and affirmations are administered without inquiry into religious belief.
§ 6 Freedom of worship
All are free to worship according to the dictates of conscience; no one may be compelled to attend, erect, or support any place of worship or maintain any ministry against consent.
§ 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.
§ 8 Freedom of speech and press; libel
Every person may freely speak, write, and publish opinions on any subject, being responsible for the abuse of that privilege; truth may be a defense in libel prosecutions.
§ 9 Searches and seizures
The people shall be secure from unreasonable searches and seizures; no warrant shall issue without probable cause, supported by oath, describing the place and things as near as may be.
§ 10 Rights of the accused in criminal prosecutions
The accused has the right to a speedy public trial by an impartial jury, to be informed of the accusation, to confront witnesses, to compulsory process, and to counsel; no person is compelled to give evidence against themselves.
§ 11 Bail
All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident.
§ 11a Denial of bail for certain accused
Bail may be denied to persons accused of certain repeat or serious offenses, or who violate bail conditions, under the procedures the section prescribes.
§ 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 it efficient.
§ 13 Excessive bail or fines; cruel punishment; open courts
Excessive bail and fines and cruel or unusual punishments are prohibited; all courts shall be open, and every person shall have remedy by due course of law for injury to lands, goods, person, or reputation.
§ 14 Double jeopardy
No person, for the same offense, shall be twice put in jeopardy of life or liberty.
§ 15 Right of trial by jury
The right of trial by jury shall remain inviolate; the Legislature shall pass laws to maintain its purity and efficiency.
§ 15a Commitment of persons of unsound mind
Provides for the trial and commitment of persons of unsound mind, with the right to a jury trial in such proceedings.
§ 16 Bills of attainder; ex post facto or retroactive laws
No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts shall be made.
§ 17 Taking property for public use; eminent domain
No person's property shall be taken, damaged, or destroyed for public use without adequate compensation; the section limits takings for economic development and confines eminent domain to public use.
§ 18 Imprisonment for debt
No person shall ever be imprisoned for debt.
§ 19 Due course of law
No citizen shall be deprived of life, liberty, property, privileges, or immunities except by the due course of the law of the land.
§ 20 Outlawry; transportation for offense
No citizen shall be outlawed, nor transported out of the State for any offense committed within it.
§ 21 Corruption of blood; forfeiture; suicides
No conviction shall work corruption of blood or forfeiture of estate, and the estates of suicides descend or vest as in cases of natural death.
§ 22 Treason
Treason against the State consists only in levying war against it or adhering to its enemies, and no person is convicted except on the testimony of two witnesses to the same overt act or on confession in open court.
§ 23 Right to keep and bear arms
Every citizen has the right to keep and bear arms in the lawful defense of themselves and the State, subject to the Legislature's power to regulate the wearing of arms to prevent crime.
§ 24 Military subordinate to civil authority
The military shall at all times be subordinate to the civil authority.
§ 25 Quartering soldiers in houses
No soldier shall be quartered in any house in peacetime without the owner's consent, nor in war except as prescribed by law.
§ 26 Perpetuities and monopolies
Perpetuities and monopolies are contrary to the genius of a free government and shall never be allowed; entailments and primogeniture are prohibited.
§ 27 Right of assembly and petition
The citizens have the right, peaceably assembled, to consult for the common good and to apply to those invested with government for redress of grievances.
§ 28 Suspension of laws
No power of suspending laws in this State shall be exercised except by the Legislature.
§ 29 Bill of Rights excepted from the powers of government
To guard against transgressions, everything in this Bill of Rights is excepted out of the general powers of government and shall forever remain inviolate; all laws contrary thereto are void.
§ 30 Rights of crime victims
A crime victim has the right to be treated with fairness and respect, to be reasonably protected, and to be present at and informed about court proceedings, as provided.
§ 31 Compensation to victims of crime fund
Authorizes a fund to compensate victims of crime and the use of unclaimed restitution as provided by law.
§ 32 Marriage
Defines marriage in Texas as the union of one man and one woman (a provision superseded, as to same-sex marriage, by the U.S. Supreme Court's decision in Obergefell v. Hodges under the federal Supremacy Clause).
§ 33 Access to public beaches
The public has a free and unrestricted right of access to and use of the public beaches bordering the Gulf of Mexico.
§ 34 Right to hunt, fish, and harvest wildlife
The people have the right to hunt, fish, and harvest wildlife, subject to laws that promote wildlife conservation and management.
§ 35 Religious services
This State or a political subdivision may not enact a law or issue an order that prohibits or limits religious services of a religious organization.
Article 2 The Powers of Government
§ 1 Division of powers; separate departments
The powers of government are divided into three distinct departments — Legislative, Executive, and Judicial — and no person or collection of persons in one department may exercise any power properly attached to another, except as expressly permitted.
Article 3 Legislative Department
§ 1 Senate and House of Representatives
The legislative power is vested in a Legislature consisting of a Senate and a House of Representatives, together styled 'The Legislature of the State of Texas.'
§ 2 Membership of Senate and House
The Senate consists of 31 members and the House of not more than 150 members.
§ 3 Election and term of Senators
Senators are elected for four-year terms, staggered so that about half are chosen every two years.
§ 4 Election and term of Representatives
Representatives are elected for two-year terms.
§ 5 Sessions; order of business
The Legislature meets in regular session every two years (odd-numbered years) and in special sessions called by the Governor.
§ 6 Qualifications of Senators
A Senator must be a citizen, a qualified voter, at least 26 years old, and have the required residence.
§ 7 Qualifications of Representatives
A Representative must be a citizen, a qualified voter, at least 21 years old, and have the required residence.
§ 9 Officers; quorum; rules
The Senate chooses its President pro tempore, the House its Speaker; each house sets its rules, and two-thirds constitutes a quorum.
§ 24 Compensation of members
Members' pay and per diem are set as provided, subject to recommendation by the Texas Ethics Commission and voter approval of the salary.
§ 26 Apportionment of Representatives
House seats are apportioned among the counties and districts according to population after each federal census.
§ 28 Redistricting; Legislative Redistricting Board
The Legislature redistricts after each census; if it fails, the Legislative Redistricting Board apportions the seats.
§ 49 State debt restricted
The Legislature generally may not create State debt except in limited amounts or as specifically authorized and approved by the voters.
§ 49a Financial statement; pay-as-you-go limit
The Comptroller certifies available revenue, and appropriations may not exceed anticipated revenue (the 'pay-as-you-go' rule).
§ 51 Grants of public money prohibited
The Legislature has no power to make grants of public money to individuals, associations, or corporations, subject to enumerated exceptions.
§ — Additional sections (abbreviated)
Article 3 is one of the longest articles, with roughly fifty sections governing legislative procedure, revenue and appropriations, debt, and numerous special-purpose funds and programs. The remaining sections are omitted here; read the complete article at the source link.
Article 4 Executive Department
§ 1 Executive officers
The Executive Department consists of the Governor, Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General (Texas's 'plural executive').
§ 2 Election of officers
The elected executive officers are chosen by the qualified voters at the general election.
§ 4 Governor: term and qualifications
The Governor is elected for a four-year term, must be at least 30, a U.S. citizen, and a resident for five years before election.
§ 7 Governor as commander-in-chief
The Governor is commander-in-chief of the State's military forces except when they are called into federal service.
§ 10 Faithful execution of the laws
The Governor shall cause the laws to be faithfully executed.
§ 11 Clemency; Board of Pardons and Paroles
On the written recommendation of the Board of Pardons and Paroles, the Governor may grant pardons, reprieves, and commutations of punishment.
§ 14 Approval or veto of bills; line-item veto
The Governor may sign or veto bills, and may veto individual items in appropriation bills; the Legislature may override a veto by a two-thirds vote of each house.
§ 16 Lieutenant Governor
The Lieutenant Governor is president of the Senate, succeeds the Governor, and exercises the powers prescribed; the office is unusually powerful in the Texas system.
§ 22 Attorney General
The Attorney General represents the State in civil litigation, gives legal advice to State officers, and performs other duties provided by law.
§ 23 Comptroller, Land Commissioner, and other officers
Provides for the Comptroller of Public Accounts, Commissioner of the General Land Office, and their duties and terms.
Article 5 Judicial Department
§ 1 Judicial power; the courts
The judicial power is vested in the Supreme Court, the Court of Criminal Appeals, courts of appeals, district courts, county courts, commissioners courts, courts of justices of the peace, and such other courts as the Legislature may establish.
§ 2 Supreme Court
The Supreme Court, of a Chief Justice and eight justices, is the court of last resort for civil matters.
§ 3 Jurisdiction of the Supreme Court
Sets the appellate jurisdiction of the Supreme Court and its power to issue writs.
§ 4 Court of Criminal Appeals
The Court of Criminal Appeals, of a Presiding Judge and eight judges, is the court of last resort for criminal matters.
§ 6 Courts of appeals
Intermediate courts of appeals hear appeals from the district and county courts in their districts.
§ 7 District courts
District courts are the principal trial courts of general jurisdiction; the State is divided into judicial districts each served by an elected district judge.
§ 8 Jurisdiction of district courts
District courts have original jurisdiction over major civil and criminal matters as prescribed.
§ 15 County courts
Establishes a county court in each county, presided over by the county judge.
§ 18 Commissioners court; justices of the peace
Provides for the commissioners court of each county and for justice of the peace precincts and courts.
§ 23 Sheriffs
A sheriff is elected in each county for a four-year term.
§ 28 Vacancies in judicial office
Vacancies in the appellate and district courts are filled by gubernatorial appointment until the next general election.
Article 6 Suffrage
§ 1 Classes not allowed to vote
Persons under 18, those determined mentally incompetent by a court, and those convicted of a felony (unless restored) as provided by law are not permitted to vote.
§ 2 Qualified voters
Every U.S. citizen 18 or older who is a resident and registered as required is a qualified voter.
§ 3 Elections; municipal elections
Qualified voters are entitled to vote in State and local elections held in their district.
§ 4 Voter registration; secrecy of ballot
The Legislature provides for the registration of voters and for the secrecy of the ballot.
Article 7 Education
§ 1 Support and maintenance of public schools
A general diffusion of knowledge being essential to the preservation of liberties, the Legislature shall establish and make suitable provision for an efficient system of public free schools.
§ 2 Permanent School Fund
Establishes the Permanent School Fund from public lands and their proceeds, dedicated to the support of the public schools.
§ 3 Taxes for benefit of schools; school districts
Provides for taxation and the formation of school districts to support the public free schools.
§ 10 The University of Texas
The Legislature shall establish, organize, and provide for the maintenance of 'a university of the first class,' styled 'The University of Texas.'
§ 11 Permanent University Fund
Establishes the Permanent University Fund from designated public lands, supporting the University of Texas and Texas A&M systems.
§ 13 Agricultural and Mechanical College (Texas A&M)
Recognizes the Agricultural and Mechanical College of Texas (Texas A&M) as an institution of the first class.
Article 8 Taxation and Revenue
§ 1 Equality and uniformity; taxation of property
Taxation shall be equal and uniform; all real and tangible personal property shall be taxed in proportion to its value, as prescribed by general law.
§ 1-a No statewide property tax; homestead provisions
No State ad valorem taxes are levied on property; various sections provide homestead exemptions and limits on appraisal increases.
§ 2 Exemptions
The Legislature may exempt property used for public, religious, charitable, and educational purposes, and grant other specified exemptions.
§ 24-a Prohibition on a personal income tax
The Legislature may not impose a tax on the net incomes of individuals, including an individual's share of partnership and unincorporated-association income.
§ 3 Taxes for public purposes
Taxes shall be levied and collected by general laws and for public purposes only.
§ 22 Limit on growth of appropriations
Appropriations from certain State tax revenue may not grow faster than the estimated rate of growth of the State's economy.
Article 9 Counties
§ 1 Creation of counties
The Legislature may create counties for the convenience of the people, subject to limits on size and on reducing a county below the constitutional minimum area.
§ 1-a County boundaries; changes
Provides procedures and voter approval for the change of county boundaries and the removal of county seats.
§ 9 Hospital districts
Authorizes the creation of hospital districts to provide medical care, with the power to levy taxes and issue bonds as provided.
§ 11 Airport authorities and other districts
Authorizes various special districts (airport, mental health, and others) as provided by law.
Article 10 Railroads
§ 2 Railroads as public highways; common carriers
Railroads are declared public highways and railroad companies common carriers, subject to legislative regulation of rates and operation (most of this article's sections have been repealed).
Article 11 Municipal Corporations
§ 1 Counties and existing municipalities
Counties are recognized as legal subdivisions of the State, and existing municipal corporations continue until changed by law.
§ 4 General-law cities
Cities of 5,000 or fewer inhabitants may be chartered under general laws enacted by the Legislature.
§ 5 Home-rule cities
Cities of more than 5,000 inhabitants may adopt or amend their own home-rule charters, exercising any power not inconsistent with the Constitution or general law.
§ 7 Coastal protection; municipal debt
Authorizes counties and cities on the Gulf to levy taxes and issue bonds for seawalls and breakwaters, and sets limits on municipal debt.
Article 12 Private Corporations
§ 1 Creation by general laws
Private corporations may be created only by general laws, not by special act.
§ 6 Corporate records and regulation
Provides for the regulation of private corporations and the keeping of their records within the State as provided by law.
Article 13 Spanish and Mexican Land Titles
§ — Repealed
Article 13 formerly addressed the recognition and adjudication of land titles derived from the Spanish and Mexican governments. The entire article was repealed by constitutional amendment in 1969.
Article 14 Public Lands and Land Office
§ 1 General Land Office
The General Land Office continues in existence, with the Commissioner responsible for the records and administration of the State's public lands.
Article 15 Impeachment
§ 1 Power of impeachment
The power of impeachment is vested in the House of Representatives.
§ 2 Trial of impeachments
Impeachments are tried by the Senate; conviction requires the concurrence of two-thirds of the senators present.
§ 3 Officers subject to impeachment
The Governor, other executive officers, and judges of the appellate and district courts are subject to impeachment.
§ 6 Removal of judges by the Supreme Court
District judges and certain officers may be removed by other constitutional methods, including address and action by the State Commission on Judicial Conduct.
Article 16 General Provisions
§ 1 Official oath
All elected and appointed officers must take the constitutional oath or affirmation to faithfully execute their duties and support the U.S. and Texas Constitutions.
§ 26 Homicide; wrongful death
Provides a right of action and exemplary damages for homicide caused by willful act, omission, or gross neglect.
§ 28 Garnishment of wages
Current wages for personal service are not subject to garnishment, except for court-ordered child support and spousal maintenance.
§ 50 Homestead protection
The homestead is protected from forced sale for most debts, with enumerated exceptions such as purchase money, taxes, and properly made home-equity loans.
§ 51 Homestead; extent
Defines the extent of the urban and rural homestead protected from forced sale.
§ — Additional sections (abbreviated)
Article 16 is a long catch-all of roughly fifty general provisions covering officers, liens, corporations, and miscellaneous matters. The remaining sections are omitted here; read the complete article at the source link.
Article 17 Mode of Amending the Constitution
§ 1 Proposal and ratification of amendments
Amendments are proposed by a two-thirds vote of each house of the Legislature, published, and then submitted to the voters at an election; an amendment takes effect if approved by a majority of the votes cast. Texas has no citizen-initiative process for amendments.
Full, verbatim text at Texas Statutes — Texas Constitution