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Constitution of Texas

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extraordinary occasions, to execute the laws of the State, and to fill up vacancies not otherwise provided for by law, if consented to by two-thirds of the Senate. The Governor has a qualified negative on all bills passed by the Legislature, which may be overridden by two-thirds of both Houses of the Legislature by votes of the yeas and nays. Finally, the Secretary of State (who has the constitutional duty of keeping the Seal of the State) is appointed by the Governor, by and with the advice and consent of the Senate.
1023: 40: 922:' calling of a convention to be held on July 4, 1845. A Texas convention debated the annexation offer and almost unanimously passed an ordinance assenting to it on July 4, 1845. The convention debated through August 28, and adopted the Constitution of the State of Texas on August 27, 1845. The citizens of Texas approved an annexation ordinance and new constitution on October 13, 1845. On December 29, 1845, the United States 139: 962: 515:, asylums, and universities. Section 1 states, "it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools". This issue has surfaced repeatedly in lawsuits involving the State's funding of education and the various restrictions it has placed on local school districts. 238:. The article originally contained 29 sections; five sections have since been added. Some of the article's provisions concern specific fundamental limitations on the power of the state. The provisions of the Texas Constitution apply only against the government of Texas. However, a number of the provisions of the U.S. Constitution are held to apply to the states as well, under the 839:, for purposes of drafting a new state Constitution. The measure passed (thus adding Section 2 to Article 17; the section was later repealed in November 1999) and the Legislature met. However, even with an additional 60 days added to the session, the convention failed by a mere three votes to propose a new constitution. 371:
requiring only a majority (this larger requirement has resulted in occasions where a significant number of members from one political party, in an attempt to stop legislation, have in the past left the state so as to deny a quorum). A smaller number in each chamber is empowered to adjourn from day to
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constitutions have been amended more often). From 1876 to 2024 (following the 88th Legislature), the Texas Legislature proposed 714 constitutional amendments. Of that total, 530 were approved by the electorate, 181 were defeated, and three never made it on the ballot. Most of the amendments are due
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One amendment created a single property tax "appraisal district" in each county for purposes of providing a uniform appraised value for all property in a county applicable to all taxing authorities (previously, each taxing authority assessed property individually and frequently did so at dissimilar
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The qualifications of the Governor of Texas is that he is at least thirty years of age, a citizen of the United States, and had resided in the State for at least five years preceding his election. The Governor is prohibited from holding any other office, whether civil, military or corporate, during
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to certify the amount of available cash on hand and anticipated revenues for the next biennium; no appropriation may exceed this amount (except in cases of emergency, and then only with a four-fifths vote of both chambers), and the Comptroller is required to reject and return to the Legislature any
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Section 39 allows a bill to take effect immediately upon the Governor's signature if the bill passes both chambers by a two-thirds vote, unless otherwise specified in the bill. If the bill does not pass by this majority it takes effect on the first day of the next fiscal year (in Texas, the fiscal
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Texas adopted yet a new constitution document in 1866 once the United States accepted Texas back into the Union. Then, delegates met in 1869 and drafted a new constitution once again. This time, the newly modified law of the land aimed to protect rights for former slaves, and placed more power on
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No person may be convicted save by the consent of two-thirds of the Senators present, who have taken an oath or affirmation to impartially try the impeached. Judgement in impeachment cases does not extend beyond removal from office and disqualification from public office. The convicted remains
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as the provisional civilian governor of the state and directed him to convene a constitutional convention restricted to loyal Americans. A referendum was held on June 25, 1866, pursuant to the laws then in force on March 29, for the ratification of the amendments proposed by the convention.
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In 1975, the Legislature, meeting in regular session, revived much of the work of the 1974 convention and proposed it as a set of eight amendments to the existing constitution. All eight of the amendments were overwhelmingly rejected by the voters (in 250 the state's 254 counties, all eight
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The largest Section within this article is Section 49 ("State Debts"), which includes 30 separate sub-sections (including two sub-sections both added in 2003 and both curiously numbered as "49-n", along with two other sub-sub-sections numbered "49-d-14"). Section 49 limits the power of the
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The Governor is the "Chief Executive Officer of the State" and the "Commander in Chief of the military forces of the State, except when they are called in actual service of the United States". He is vested with power to call forth the Militia, convene the Legislature for special session in
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Section 14 All civil officers shall reside within the State; and all district or county officers within their districts or counties, and shall keep their offices at such places as may be required by law; and failure to comply with this condition shall vacate the office so held.
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in Section 14. The University of Texas was originally created in the Constitution of 1858, and Texas A&M University was created from the Morrill Act. In 1915 and 1919, Constitutional Amendments were proposed to separate the two university systems, although both failed.
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Sections 4 and 5 discuss the operation of cities based on population. Section 4 states that a city with a population of 5,000 or fewer has only those powers granted to it by general law; Section 5 permits a city, once its population exceeds 5,000, to adopt a charter under
364:. It also lists the qualifications required of senators and representatives, and regulates many details of the legislative process. The article contains many substantive limitations on the power of the legislature and a large number of exceptions to those limitations. 815:
that briefly summarizes each amendment and shows how each amendment will be described on the ballot. It also requires that the full text of each amendment be posted at each county courthouse at least 50 days (but no sooner than 60 days) before the election date.
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As with many state constitutions, it explicitly provides for the separation of powers and incorporates its bill of rights directly into the text of the constitution (as Article I). The bill of rights is considerably lengthier and more detailed than the federal
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Section 34 guarantees the right to hunt, fish and harvest wildlife, subject to wildlife conservation laws. However, the section explicitly states that it does not affect "any provision of law relating to trespass, property rights or eminent domain".
603:) and for determining the location of county seats. It also includes several provisions regarding the creation of county-wide hospital districts in specified counties, as well as other miscellaneous provisions regarding airports and mental health. 391:
Legislature to incur debt to only specific purposes as stated in the Constitution; in order to allow the Legislature to incur debt for a purpose not stated numerous amendments to this section have had to be added and voted upon by the people.
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requires that the advance on a home equity line of credit be at least $ 4,000 (even if the borrower wants to borrow less than that amount, though nothing prohibits a borrower from immediately repaying the credit line with a portion of said
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as a right and prohibits its suspension under any circumstance whatsoever. This differs slightly from the U.S. Constitution, which allows its suspension "in Cases of Rebellion or Invasion the public security shall require it".
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Under Section 16 of this article, the Lieutenant Governor automatically assumes the power of Governor if and when the Governor travels outside of the state, or is subject to impeachment by the Texas House of Representatives.
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On March 1, 1845, the US enacted a congressional joint resolution proposing the annexation of Texas to the United States (Joint Resolution for annexing Texas to the United States, J.Res. 8, enacted March 1, 1845,
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Section 1-e prohibits statewide property taxes. This Section has been the subject of numerous school district financing lawsuits claiming that other Legislative restrictions on local property taxes have created a
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provided the charter is not inconsistent with limits placed by the Texas Constitution or general law (the city may amend to maintain home rule status even if its population subsequently falls to 5,000 or fewer).
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The current document was adopted on February 15, 1876, and is the seventh constitution in Texas history (including the Mexican constitution). The previous six were adopted in 1827 (while Texas was still part of
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Constitution text as of April 22, 1975, including "information regarding the origins, historical development, and contemporary meaning of each section" along with "interpretive comments" (annotations completed
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denies voting rights to minors, felons, and people who are deemed mentally incompetent by a court (though the Legislature may make exceptions in the latter two cases). It also describes rules for elections.
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The most successful of the attempts took place in 1969, when 56 separate obsolete provisions (including the entirety of Article 13, and 22 entire sections from Articles 10, 12, and 14) were successfully
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Section 4 gives freedom from religious tests at the public and private level, and while never invalidated by Texas legislature or overruled by the US Supreme Court, it has been argued that it makes a
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contains a single section establishing the General Land Office (the office of Commissioner of the General Land Office is discussed under Article IV). Seven other sections were repealed in 1969.
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Notwithstanding the large number of amendments (and proposed amendments) that the Texas Constitution has had since its inception, the only method of amending the Constitution prescribed by
808:, or any other means. A 1974 constitutional convention required the voters to amend the Constitution to add a separate section to this Article; the section was later repealed in 1999. 777:
requires a 14-day waiting period before any loan or line of credit is effective (at the initial borrowing; later borrowings against a line of credit can still be made in less time), and
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to the document's highly restrictive nature: the constitution stipulates that the State of Texas has only those powers explicitly granted to it; there is no counterpart of the federal
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Section 50 provides for protection of a homestead against forced sale to pay debts, except for foreclosure on debts related to the homestead (mortgage, taxes, mechanic's liens, and
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recognizes counties as legal political subunits of the State, grants certain powers to cities and counties, empowers the legislature to form school and other special districts.
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limits the amount of a home equity loan, when combined with all other loans against a home, to no more than 80 percent of the home's fair market value at the time of the loan,
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describes the composition, powers, and jurisdiction of the state's Supreme Court, Court of Criminal Appeals, and District, County, and Commissioners Courts, as well as the
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In 1995, Senator John Montford drafted a streamlined constitution similar to the 1974 version. However, Montford resigned his seat to become chancellor of the
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Section 11 guarantees that every person detained prior to trial are bailable by sufficient sureties, save for Capital offenses, subject to specific exceptions.
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The section also prescribes specific details for notifying the public of elections to approve amendments. It requires that the legislature publish a notice in
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In 1979 the Legislature placed on the ballot four amendments which had their origins in the 1974 convention; of which three were approved by the voters:
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Because of the unwieldiness of the state constitution, there have been attempts to draft a new constitution or to significantly revise the existing one:
445:. With the exception of the Secretary of State the above officials are directly elected in what is known as a "plural executive" system. (Although the 835:
In 1971 the Texas Legislature placed on the November 1972 ballot an Amendment which called for the Legislature to meet in January 1974 for 90 days as a
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Qualified voters are, except in treason, felony and breach of peace, privileged from arrest when attending at the polls, going and returning therefrom.
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the State of Texas to the Union (Joint Resolution for the admission of the state of Texas into the Union, J.Res. 1, enacted December 29, 1845, 9 
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Two-thirds (2/3) of the elected members in either chamber constitutes a quorum to do business therein (Section 10), contrary to the provision for the
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criminal appellate jurisdiction (previously, the Courts had jurisdiction over civil matters only; though death penalty cases still bypass this level)
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Once an amendment passes it is compiled into the existing framework (i.e., text is either added or deleted), unlike the United States Constitution.
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of the legislative, executive, and judicial branches of the state government, prohibiting each branch from encroaching on the powers of the others.
900:(Junell's district included the San Angelo area). The second draft was submitted to the 76th Legislature, but failed to gain support in committee. 201:, even with the latter being recompiled as a new document in 2022) and is also the third-most amended state constitution (only the Alabama and 546:
places various restrictions on the ability of the Legislature and local governments to impose taxes. Most of these restrictions concern local
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and prohibiting the creation of private corporations by special law. Four other sections were repealed in 1969, and a fifth section in 1993.
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Section 21 prohibits corruption of blood and forfeiture of estates (including in cases of suicide), extending beyond the federal limitation (
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Historic constitutions and constitutional convention materials, 1824–1876, including the original, unamended text of the 1876 constitution.
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and lists grounds on which to impeach judges. The House of Representatives is granted the power of impeachment, while the Senate has power
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contains miscellaneous provisions, including limits on interest rates, civil penalties for murder, and the punishment for bribery.
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Section 49-g (one of two such sections numbered as such, the other -- now repealed -- dealt with funding for the later-cancelled
273:, Section 3) which applies only in cases of Treason and even permits forfeiture during the life of the attained (but not after). 1562: 1450: 927: 911: 1537: 1345: 1307: 1958: 1876: 1841: 446: 361: 531: 1999: 1916: 1821: 1781: 523: 522:(Sections 11, 11a, and 11b) and mandates the establishment of "a University of the first class" (Section 10) to be called 403: 142: 460:
All commissions are signed by the Governor, being affixed with the State Seal and attested to by the Secretary of State.
1881: 1871: 1866: 1846: 881:, and his initiative subsequently died. Later that year, though, voters approved an amendment abolishing the office of 878: 426: 255: 215: 1973: 1796: 1711: 430: 207: 788:, such protections are governed by law; the state does not have a constitutional provision related to right-to-work. 748:
payments (however, this does not limit Federal garnishment for items such as student loan payments or income taxes).
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All officers while subject to impeachment charges are suspended until the verdict by the Senate has been delivered.
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privileges, while cities and school districts have those privileges only in the limited instances specified below.
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Includes the text of the constitution as of November 2, 1976, along with a brief informational introduction.
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and Democratic Representative Rob Junell) produced a rewritten constitution, with the help of students from
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contains a single section declaring that railroads are considered "public highways" and railroad carriers "
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is also directly elected, that is the result of Legislative action, not a Constitutional requirement.)
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32-volume "compilation of the laws and political documents of Texas" covering 1822–1939; includes the
918:). On June 23, 1845, the Texan Congress accepted the US Congress's joint resolution, and consented to 800:
is via the Legislature, subject to voter approval. The Constitution does not provide for amendment by
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is the document that establishes the structure and function of the government of the U.S. state of
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contains two sections directing the Legislature to enact general laws for the creation of private
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School districts may adopt home rule regardless of size, but none have chosen to do so.
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his tenure in office, nor may he practice (or receive compensation for) any profession.
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to please the Mexican government. This article was repealed in its entirety in 1969.
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Principles, institutions and law of political governance in the U.S. state of Texas
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Article 13 established provisions for Spanish and Mexican land titles from the
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centralized state power (p. 57, Practicing Texas Politics, 2015).
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Text of all amendments added to the Texas Constitution since 1876.
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This Article also discusses the creation and maintenance of the
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subject to trial, indictment and punishment according to law.
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Part of a larger website about Texas government and politics.
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Article 17: "Mode of amending the Constitution of this State"
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Section 37 provides for the constitutional protection of the
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While the bill of rights contains many similar rights as the
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The Texas Senate: Civil War to the Eve of Reform, 1861-1889
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The opening of the hand-written Texas Constitution of 1876.
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https://statutes.capitol.texas.gov/Docs/ED/htm/ED.12.htm#B
410:" (technically called the "Economic Stabilization Fund"). 1150:"Number of state constitutional amendments in each state" 872:
limited authority to remove appointed statewide officials
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Presidential Proclamation No. 42, 17 June 1865, 13 
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In 1998, a bipartisan effort (led by Republican Senator
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places restrictions on where closing can take place.
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(August 1977). 1652: 744:of wages, except for spousal maintenance and 677:Article 13: "Spanish and Mexican Land Titles" 599:provides rules for the creation of counties ( 564:ruled that the restrictions did in fact do so 387:year runs from September 1 until August 31). 8: 1346:"Recent Attempts at Constitutional Revision" 1340: 1338: 1336: 1354:University of Texas College of Liberal Arts 1316:University of Texas College of Liberal Arts 994:, the world's longest national constitution 1659: 1645: 1637: 1623:1836 Constitution of the Republic of Texas 1524:. Texas Legislative Council. November 2017 689:Article 14: "Public Lands and Land Office" 293:, a practice which was invalidated by the 222:Articles of the Texas Constitution of 1876 38: 1083:Citizens' guide to the Texas Constitution 1067:Learn how and when to remove this message 162:, and enumerates the basic rights of the 2005:State constitutions of the United States 1625:, as well as the state constitutions of 1030:This article includes a list of general 851:counties did all eight amendments pass). 285:Section 32, added in 2005, denies state 1114: 439:Commissioner of the General Land Office 421:describes the powers and duties of the 189:The constitution is the second-longest 1409: 1277: 1172:Legislative Reference Library of Texas 394:In addition, Section 49a requires the 250:Differences with the US Bill of Rights 29: 1612:. University of North Texas Libraries 1397: 981:Constitution of the Republic of Texas 330:Article 2: "The Powers of Government" 180:Constitution of the Republic of Texas 7: 1308:"Constitutional Revision, 1971–1975" 1194:"Constitution of the State of Texas" 887:Texas Comptroller of Public Accounts 628:Article 11: "Municipal Corporations" 396:Texas Comptroller of Public Accounts 18:1868 Texas Constitutional Convention 1668:State constitutions (United States) 1101:Constitution of the State of Texas. 613:Article X of the Texas Constitution 345:Article 3: "Legislative Department" 1387:. Vol. 2. pp. 1225–1227. 1128:. Texas A&M University Press. 1036:it lacks sufficient corresponding 843:amendments were defeated; only in 662:Article 12: "Private Corporations" 261:Section 12 recognizes the writ of 156:Constitution of the State of Texas 33:Constitution of the State of Texas 25: 1586:(searchable text and JPEG images) 976:Texas Declaration of Independence 539:Article 8: "Taxation and Revenue" 414:Article 4: "Executive Department" 354:Legislature of the State of Texas 1021: 960: 726:Article 16: "General Provisions" 468:Article 5: "Judicial Department" 137: 1583:"Texas Constitutions 1824–1876" 1425:Debates of the Texas Convention 858:values between the authorities) 569:Texas has never had a personal 532:Prairie View A&M University 1601:Gammel, H. P. N. (1898–1939). 861:Another amendment gave to the 813:officially approved newspapers 447:Texas Agriculture Commissioner 406:Project) created the state's " 1: 1122:Spaw, Patsy McDonald (1990). 885:and moving its duties to the 404:Superconducting Supercollider 379:, either house may originate 356:", consisting of the state's 1472:The Laws of Texas, 1822–1897 1384:The Laws of Texas, 1822–1897 1203:. Texas Legislative Council. 937:On June 17, 1865, President 879:Texas Tech University System 868:The last amendment gave the 558:statewide property tax; the 256:United States Bill of Rights 234:is the Texas Constitution's 143:Constitution of Texas (2022) 1168:"Constitutional Amendments" 1099:Hill, John L., ed. (1976). 764:home equity lines of credit 511:establishes provisions for 227:Article 1: "Bill of Rights" 208:necessary and proper clause 2026: 610: 471: 377:United States Constitution 246:to the U.S. Constitution. 69:United States Constitution 1568:. Texas State Law Library 1477:University of North Texas 1287:Cite uses generic title ( 837:constitutional convention 806:constitutional convention 707:describes the process of 700:Article 15: "Impeachment" 520:Permanent University Fund 174:and half of the state of 136: 37: 1969:Northern Mariana Islands 1603:"Gammel's Laws of Texas" 802:initiative or referendum 528:Texas A&M University 362:House of Representatives 1610:Portal to Texas History 1156:. Lucy Burns Institute. 1081:Braden, George (1972). 1051:more precise citations. 1006:Constitution of Alabama 999:California Constitution 943:Andrew Jackson Hamilton 898:Angelo State University 607:Article 10: "Railroads" 524:The University of Texas 199:Constitution of Alabama 1422:Weeks, Wm. F. (1846). 1356:. 2009. Archived from 1318:. 2009. Archived from 863:Texas Court of Appeals 504:Article 7: "Education" 369:United States Congress 197:(exceeded only by the 1412:, pp. 1228–1230. 992:Constitution of India 740:Section 28 prohibits 638:Texas operates under 592:Article 9: "Counties" 489:Article 6: "Suffrage" 312:Silverman v. Campbell 2000:1876 in American law 1494:"Book of the States" 823:Attempts at revision 784:Although Texas is a 483:Justice of the Peace 339:separation of powers 300:Obergefell v. Hodges 281:Invalidated sections 75:Government structure 1979:U.S. Virgin Islands 1479:. pp. 888–895. 1258:www.texaspolicy.com 1174:. 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Index

1868 Texas Constitutional Convention

Texas
United States Constitution
Branches
3
Chambers
Bicameral
Executive
Governor
Judiciary
Supreme
Districts
Constitution of Texas (2022)
Wikisource
Texas
citizens
Mexico
Coahuila y Tejas
Constitution of the Republic of Texas
American Civil War
state constitution
United States
Constitution of Alabama
California
necessary and proper clause
Bill of Rights
Article 1
bill of rights
Due Process Clause

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