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CONSTITUTION OF TEXAS-1876*

PREAMBLE.

Humbly invoking the blessings of Almighty God, the people of the state of Texas do ordain and establish this constitution,

ARTICLE I.

BILL OF RIGHTS.

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

SECTION 1. Texas is a free and independent state, subject only to the co stitution 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 goverments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republica form of government, 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 consideration of public services.

SEC. 4. No religious test shall ever be required as a qualification to 25 office, or public trust, in this state; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the e istence 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 opinions, or for the want of any re ligious belief, but all oaths or affirmations shall be administered in the m most binding upon the conscience, and shall be taken subject to the pains penalties of perjury.

SEC. 6. All men have a natural and indefeasible right to worship Almight God according to the dictates of their own consciences. No man shall be con pelled to attend, erect or support any place of worship, or to maintain s ministry against his consent. No human authority ought, in any case whateve to control or interfere with the rights of conscience in matters of religion and no preference shall ever be given by law to any religious society or dr of worship. But it shall be the duty of the legislature to pass such laws # may be necessary to protect equally every religious denomination in the peace able 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, theological or religious seminary nor shall property belonging to the state be appropriated for any such purposes. SEC. S. Every person shall be at liberty to speak, write or publish his opin ions on any subject, being responsible for the abuse of that privilege; and no ar shall ever be passed curtailing the liberty of speech or of the press. In pros cutions for the publication of papers investigating the conduct of officers a men in public capacity, or when the matter published is proper for public formation, the truth thereof may be given in evidence. And in all indictmen for libels, the jury shall have the right to determine the law and the fact under the direction of the court, as in other cases.

SEC. 9. The people shall be secure in their persons. houses, papers and pos

*The constitution of Texas was drafted by a convention which assembled i Austin on September 6, 1875, and adjourned on November 24, 1875. It was submittal to the people on February 17, 1876, and was ratified by a large majority. The const tution was submitted as a whole and no proposition was submitted separately.

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jons, from all unreasonable seizures or searches; and no warrant to search place, or seize any person or thing, shall issue without describing them ear as may be, nor without probable cause, supported by oath or affirmation. SEC. 10. In all criminal prosecutions, the accused shall have a speedy pubrial by an impartial jury. He shall have the right to demand the nature cause of the accusation against him, and to have a copy thereof. He shall be compelled to give evidence against himself. He shall have the right of g heard by himself or counsel or both, shall be confronted with the witnesses, nst him, and shall have compulsory process for obtaining witnesses in his r. And no person shall be held to answer for a criminal offense, unless on tment of a grand jury, except in cases in which the punishment is by fine, imprisonment otherwise than in the penitentiary, in cases of impeachment, in cases arising in the army or navy, or in the militia, when in actual servin time of war or public danger.

SEC. 11. All prisoners shall be bailable by sufficient sureties, unless for capoffenses when the proof is evident; but this provision shall not be so coned as to prevent bail after indictment found, upon examination of the evie, in such manner as may be prescribed by law.

SEC. 12. The writ of habeas corpus is a writ of right, and shall never be ended. The legislature shall enact laws to render the remedy speedy and 'tual.

SEC. 13. Excessive bail shall not be required, nor excessive fines imposed. cruel or unusual punishment inflicted. All courts shall be open; and every on for an injury done him, in his lands, goods, person or reputation, shall remedy by due course of law.

SEC. 14. No person, for the same offense, shall be twice put in jeopardy of or liberty; nor shall a person be again put upon trial for the same offense, ra verdict of not guilty in a court of competent jurisdiction.

SEC. 15. The right of trial by jury shall remain inviolate. The legislature I pass such laws as may be needed to regulate the same, and to maintain urity and efficiency.

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

SEC. 17. No person's property shall be taken, damaged or destroyed for, or ied to, public use without adequate compensation being made, unless by consent of such person; and when taken, except for the use of the state, ■ compensation shall be first made, or secured by a deposit of money; and no vocable or uncontrollable grant of special privileges or immunities shall be e; ́but all privileges and franchises granted by the legislature, or created er 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? ileges or immunities, or in any manner disfranchised, except by the due se of the law of the land.

SFC. 20. No citizen shall be outlawed; nor shall any person be transported of the state for any offense committed within the same.

SEC. 21.

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

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

SEC. 23. Every citizen shall have the right to keep and bear arms in the ful defense of himself or the state; but the legislature shall have power, by 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 aurity.

SEC. 25. No soldier shall in time of peace be quartered in the house of any zen without the consent of the owner, nor in time of war but in a manner scribed 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 é entailments ever be in force in this state.

SEC. 27. The citizens shall have the right, in a peaceable manner, to asse ble together for their common good, and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

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 herein dele gated, we declare that everything in this "Bill of Rights" is excepted ou of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void:

ARTICLE II.

THE POWERS OF GOVERNMENT.

SECTION 1. The powers of the government of the state of Texas shall be divided into three distinct departments, each of which shall be confided to n 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 D person or collection of persons, being of one of these departments, shall exer cise any power properly attached to either of the others, except in the instances herein expressly permitted.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

SECTION 1. 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."

SEC. 2. The senate shall consist of thirty-one members, and shall never increased above this number. The house of representatives shall consist of ninety-three members until the first apportionment after the adoption of the constitution, when, or at any apportionment thereafter, the number of represen atives may be increased by the legislature, upon the ratio of not more thar one representative for every fifteen thousand inhabitants; provided, the num ber of representatives shall never exceed one hundred and fifty.

SEC. 3. The senators shall be chosen by the qualified electors for the ter= 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 tw 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 expiretion of four years, so that one-half of the senators shall be chosen biennialTM thereafter.

SEC. 4. The members of the house of representatives shall be chosen Mr the qualified electors, and their term of office shall be two years from the day of their election.

SEC. 5. The legislature shall meet every two years, at such time as may* provided by law, and at other times when convened by the governor.

SEC. 6. No person shall be a senator, unless he be a citizen of the United States, and, at the time of his election, a qualified elector of this state, pi shall have been a resident of this state five years next preceding his electi and the last year thereof a resident of the district for which he shall chosen, and shall have attained the age of twenty-six years.

SEC. 7. No person shall be a representative, unless he be a citizen of th United States, and, at the time of his election, a qualified elector of this State and shall have been a resident of this state two years next preceding his ele tion, 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.

SEC. 8. Each house shall be the judge of the qualifications and elections of own members; but contested elections shall be determined in such manner hall be provided by law.

SEC. 9. The senate shall, at the beginning and close of each session, and such other times as may be necessary, elect one of its members president tempore, who shall perform the duties of the lieutenant-governor in any e of absence or disability of that officer, and whenever the said office of tenant-governor shall be vacant. The house of representatives shall, when rst assembles, organize temporarily, and thereupon proceed to the election speaker from its own members; and each house shall choose its other

ers.

SEC. 10. Two-thirds of each house shall constitute a quorum to do busis, but a smaller number may adjourn from day to day, and compel the attende of absent members, in such manner and under such penalties as each se may provide.

SEC. 11. Each house may determine the rules of its own proceedings, ish members for disorderly conduct, and, with the consent of two-thirds, el a member, but not a second time for the same offense..

SEC. 12. Each house shall keep a journal of its proceedings, and publish same; and the yeas and nays of the members of either house on any quesshall, at the desire of any three members present, be entered on the rnals.

SEC. 13. When vacancies occur in either house, the governor, or the person reising the power of the governor, shall issue writs of election to fill such ancies; and should the governor fail to issue a writ of election to fill any h vacancy within twenty days after it occurs, the returning officer of the rict in which such vacancy may have happened, shall be authorized to er an election for that purpose.

SEC. 14. Senators and representatives shall, except in cases of treason ny or breach of the peace, be privileged from arrest during the session of legislature, and in going to or returning from the same, allowing one day every twenty miles such member may reside from the place at which the slature is convened.

SEC. 15. Each house may punish, by imprisonment, during its sessions, any Son not a member, for disrespectful or disorderly conduct. in its presence. for obstructing any of its proceedings; provided, such imprisonment shall at any one time, exceed forty-eight hours.

SEC. 16. The sessions of each house shall be open, except the senate when executive session.

SEC. 17. Neither house shall, without the consent of the other, adjourn more than three days, nor to any other place than that where the legisla e may be sitting.

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SEC. 18. No senator or representative shall, during the term for which may be elected, be eligible to any civil office of profit under this state, which have been created, or the emoluments of which may have been increased, ing such term; no member of either house shall, during the term for which is elected, be eligible to any office or place, the appointment to which may made, in whole or in part, by either branch of the legislature; and no memof either house shall vote for any other member for any office whatever, ch may be filled by a vote of the legislature, except in such cases as are his constitution provided. Nor shall any member of the legislature be intered, either directly or indirectly, in any contract with the state, or any nty thereof, authorized by any law passed during the term for which he I have been elected.

SEC. 19. No judge of any court, secretary of state, attorney general, clerk any court of record, or any person holding a lucrative office under the United tes, or this state, or any foreign government, shall, during the term for which is elected or appointed, be eligible to the legislature.

SEC. 20. No person who at any time may have been a collector of taxes, or may have been otherwise intrusted with public money, shall be eligible to 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, for all public moneys with which he may have been intrusted.

No member shall be questioned in any other place for words spoke either house.

SEC. 21. in debate in SEC. 22. A member who has a personal or private interest in any meas ure or bill, proposed or pending before the legislature, shall disclose the fact t the house of which he is a member, and shall not vote thereon.

SFC. 23. If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby be vacant, and the vacancy shall be filled as provided in section 13 of this artic SEC. 24. The members of the legislature shall receive from the pu treasury such compensation for their services as may, from time to time be provided by law, not exceeding five dollars per day for the first sixty days of each session, and after that not exceeding two dollars per day for the remainder of the session, except the first session held under this constitution, when they may receive not exceeding five dollars per day for the first ninety days, al after that not exceeding two dollars per day for the remainder of the sessi In addition to the per diem, the members of each house shall be entitled mileage in going to and returning from the seat of government, which mileag shall not exceed five dollars for every twenty-five miles, the distance to le computed by the nearest and most direct route of travel by land, regardless railways or water routes; and the comptroller of the state shall prepare a preserve a table of distances to each county seat, now or hereafter to be estab lished, and by such table the mileage of each member shall be paid; but member shall be entitled to mileage for any extra session that may be cald within one day after the adjournment of a regular or called session.

SEC. 25. The state shall be divided into senatorial districts of contiguo territory according to the number of qualified electors, as nearly as may and each district shall be entitled to elect one senator; and no single county shall be entitled to more than one senator.

SEC. 26. The members of the house of representatives shall be appr tioned 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 the state, as ascertained by the most recent United States census, by the no ber of members of which the house is composed; provided, that whenever single county has sufficient population to be entitled to a representative, s county shall be formed into a separate representative district; and when two r more counties are required to make up the ratio of representation, such countie shall be contiguous to each other; and when any one county has more than SIÊ cient population to be entitled to one or more representatives, such representative or representatives shall be apportioned to such county, and for any surplus f population it may be joined in a representative district with any other tiguous county or counties.

SEC. 27. Elections for senators and representatives shall be general throesout the state, and shall be regulated by law.

SEC. 28. The legislature shall, at its first session after the publication « each United States decennial census, apportion the state into senatorial and re resentative districts, agreeably to the provisions of sections 25 and 26 of th article; and until the next decennial census, when the first apportionment sh be made by the legislature, the state shall be and it is hereby divided int senatorial and representative districts as provided by an ordinance of the of vention on that subject.

PROCEEDINGS.

SEC. 29. The enacting clause of all laws shall be: "Be it enacted by the legislature of the state of Texas."

SEC. 30. No law shall be passed, except by bill, and no bill shall be s amended in its passage through either house as to change its original purpose.

SEC. 31. Bills may originate in either house, and, when passed by suc house, may be amended, altered or rejected by the other.

SEC. 32. No bill shall have the force of a law until it has been read *

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