


                                   CONSTITUTION       
                                      OF THE          
                                  STATE OF TEXAS      
                             (as amended to Aug. 1969)

                                     PREAMBLE         

          Humbly invoking the blessings of Almighty God, the people of
          the State of  Texas do ordain  and establish this  Constitu-
          tion.

                                    ARTICLE I

                                  BILL OF RIGHTS

          That the great and essential principles of liberty and  free
          government may be recognized and established, we declare:

Sec. 1.   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.   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  govern-
          ment, 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.   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 considera-
          tion of public services.

Sec. 4.   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 relig-
          ious sentiments, provided he acknowledges the existence of a
          Supreme Being.

Sec. 5.   No person shall  be disqualified to give evidence in any  of
          the courts of this state  on account of his religious  opin-
          ions, or for 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.   All  men have  a natural and  indefeasible right to  worship
          Almighty God  according to  the dictates  of their  own con-
          sciences.  No  man  shall  be  compelled to attend, erect or
          support any place  or 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  con-
          science 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.

Sec. 7.   No money  shall be  appropriated or drawn from  the treasury
          for the benefit of any sect, or religious society,  theolog-
          ical or religious seminary, nor shall property belonging  to
          the State be appropriated for any such purposes.

Sec. 8.   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 pro-
          secutions 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.  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 affirm-
          ation.

Sec. 10.  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 con-
          fronted by the witnesses against him and shall have  compul-
          sory process  for obtaining  witnesses in  his favor, except
          that when the witness resides  out of the State and  the of-
          fense charged is a violation of any of the antitrust 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  crimi-
          nal 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.

Sec. 11.  All prisoners shall be bailable by sufficient sureties,  un-
          less 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   Any person 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 may,  after a  hearing, and  upon evidence substan-
          tially  showing  the  guilt  of  the accused, be denied bail
          pending trial, by a judge of a court of record or magistrate
          in this state; provided, however, that if the accused is not
          accorded a trial upon the accusation within sixty (60)  days
          from the  time of  his incarceration  upon such  charge, 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 accord-
          ed the accused for a  review of any judgement or  order made
          hereunder.

Sec. 12.  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 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.  No person, for the same offense, shall be twice put in  jeo-
          pardy 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.  The right of trial by jury shall remain inviolate. The  Leg-
          islature shall pass such laws  as may be needed to  regulate
          the same, and to maintain its purity and efficiency. Provid-
          ed, that the Legislature may provide for the temporary  com-
          mitment, 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. [Note:  the
          last sentence of this Article was added in 1935]

Sec. 15a  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
          judgements rendered in  such cases.   Such laws may  provide
          for a  waiver of  trial by  jury, in  cases where the person
          under inquiry has not been charged with the commission of  a
          criminal offense,  by the  concurrence of  the person  under
          inquiry,  or  his  next  of  kin,  and  an attorney ad litem
          appointed by a judge of  either the County or Probate  Court
          of  the  county  where  the  trial  is being held, and shall
          provide for a method of service of notice of such trial upon
          the person under inquiry and of his right to demand a  trial
          by jury. [Note: added 1956]

Sec. 16.  No bill of attainder or ex post facto law, retroactive  law,
          or  any  other  law  impairing  the obligation of contracts,
          shall be made.

Sec. 17.  No person's  property  shall be taken,  damaged or destroyed
          for or applied to  public use without adequate  compensation
          being made, unless by the consent of such person; and,  when
          taken, except for  the use of  the State, such  compensation
          shall be first made or secured by a deposit of money; and no
          irrevocable or uncontrollable grant of special privileges or
          immunities shall be made; but all privileges and  franchises
          granted by the Legislature, or created under its  authority,
          shall be subject to the control thereof.

Sec. 18.  No person shall ever be imprisoned for debt.

Sec. 19.  No citizen of this State shall be deprived of life, liberty,
          property privileges or immunities, or in any manner disfran-
          chised, except by the due course of the law of the land.

Sec. 20.  No  citizen  shall  be  outlawed,  nor  shall  any person be
          transported  out  of  the  State  for  any offense committed
          within the same.

Sec. 21.  No conviction  shall work corruption of blood  or forfeiture
          of estate, and  the estates of  those who destroy  their own
          lives shall descend or vest as in the case of natural death.

Sec. 22.  Treason against the State shall consist only in levying  war
          against it, or adhering to its enemies, giving them aid  and
          comfort; and no person shall be convicted of treason  except
          on the testimony of two witnesses to the same overt act,  or
          on confession in open court.

Sec. 23.  Every citizen shall have the right to keep and bear arms  in
          the lawful defense of himself  or the State; but the  Legis-
          lature shall have power: by law, to regulate the wearing  of
          arms, with a view to prevent crime.

Sec. 24.  The military shall at all times be subordinate to the  civil
          authority.

Sec. 25.  No soldier shall in time of peace be quartered in the  house
          of any citizen without the consent of the owner, nor in time
          of war but in a manner prescribed by law.

Sec. 26.  Perpetuities and monopolies are contrary to the genius of  a
          free government, and shall  never be allowed, nor  shall the
          law of primogeniture or entailments ever be in force in this
          State.

Sec. 27.  The citizens shall have the right, in a peaceable manner, to
          assemble together for their  common good and apply  to those
          invested with the powers of government for redress of griev-
          ances  or  other  purposes,  by  petition, address or remon-
          strance.

Sec. 28.  No power of suspending laws in this State shall be exercised
          except by the Legislature.

Sec. 29.  To guard  against  transgressions  of the  high powers being
          delegated, we declare that everyting (sic) in this "Bill  of
          Rights" is excepted out of the general powers of government,
          and shall  forever remain  inviolate, and  all laws contrary
          hereto, or to the following provisions, shall be void.



