GOVT 2302 The Texas Legislature – Constitutional Design

The Constitutional Design of the Texas Legislature

The Texas Legislature: Article Three of the Texas Constitution You might want to also read the legislature’s entry in the Handbook of Texas Online. Article Three of the Texas Constitutionlegislature’s entry

Here is a link to the original wording of Article 3 of the 1876 Constitution. It had 58 Sections and 3,809 wordslink to the original wording

In the current version, the article contains 67 Sections and 29,557 words.

It contains language defining more clearly how the House and Senate operate internally and how bills become laws.

Many provisions are very similar to those in the U.S. Constitution. But many are not.

The article has been heavily amended since it was originally ratified.

Some highlights

Section 1 contains the vesting clause

Section 2 establishes the size of each chamber – the U.S. Constitution has no such language.

Sections 3 and 4 establish the term lengths for each chamber.

Section 5 establishes that the legislature meets every two years, and establishes rules for the consideration of bills. None can be considered for the first 30 days, but it states that the Governor can declare certain bills “emergency matters” meaning that they can.

Sections 6 and 7 states the qualifications for Senators and Representatives.

Sections 8 states that each chamber can judge the qualifications of their members.

Section 9 establishes the position of Speaker and defines the powers of the Lieutenant Governor.

Section 10 states that a 2/3rds quorum is necessary to conduct business.

Section 11 allows each chamber to punish and expel members.

Section 12 mandates that each chamber keep a journal of its proceedings.

Section 13 mandates that the Governor issue writs of elections if vacancies occur in either chamber.

Section 14 privileges members from arrest during the session.

Section 15 allows each chamber to punish members for disorderly conduct.

Section 16 mandates that sessions be open to the public.

Section 17 concerns adjournments.

Sections 18 and 19 prevents members from holding other government offices, and vice versa.

Section 20 places limits on tax collectors holding office.

Section 21 states that debates on the floor cannot be questioned in any other place.

Section 22 prevents members who have a stake in an issue from voting on it.

Section 23 reinforces the residency requirement.

Section 24 establishes the salary of members, allows them to receive a per diem rates when in session and mandates that sessions be 140 days long.

Section 24a establishes the Texas Ethics Commission. TEC: Texas Tribune TEC: WikipediaTexas Ethics CommissionTexas TribuneWikipedia

Section 25 concerns senatorial districts

Section 26 modifies how house districts are apportioned across the state.

Section 27 states that elections for each chamber shall be the same throughout the state.

Section 28 clarifies the apportionment process and establishes the Legislative Redistricting Board. LRB: Texas TribuneLegislative Redistricting BoardTexas Tribune

Section 29 states that all laws begin with the phrase: "Be it enacted by the Legislature of the State of Texas."

Section 30 states that laws must be passed in the form of bills.

Section 31 allows bills to originate in either chamber.

Section 32 states that bills have to be read on three several days in each chamber.

Section 33 mandates that revenue bills begin in the House.

Section 34 bills once defeated, cannot be reintroduced that session.

Section 35 bills can only contain one subject.

Section 36 concerns the revision of laws.

Section 37 states that bills must be reported out of committee at least 3 days before the adjournment of the legislature.

Section 38 mandates that bills passed by each chamber be signed by the presiding officer of each chamber.

Section 39 states that laws passed by the legislature go into effect 90 days after the end of the session.

Section 40 states that special sessions can only focus on the subject the legislature was called to consider.

Section 41 states that all votes – except for those for officers – shall be by voice vote. Votes for Speaker are by secret ballot.

Section 42 was repealled

Section 43 modifies the process for revising laws.

Section 44 concerns compensation for all officers not covered in the Constitution.

Section 45 allows for changes of venue in criminal and civil cases.

Section 46 States that all fees must be collected uniformly.

Section 47 allows for laws to be passed regarding lotteries and regulating bingo games.

Section 48 has been repealed with the exception of a section relating to emergence service, and jail districts.

Section 49 prohibits the states from creating debt unless due to certain circumstances described in the section.

Section 49a requires the Comptroller of Public Accounts to provide to the Governor and Legislature an accounting of the financial condition of the state prior to each session.

Section 49b establishes the Veteran’s Land Fund and the Veteran’s Housing Assistance Fund.

Section 49c establishes that Texas Water Development Board.

Section 49d (the longest in the article) concerns Water Development Board and authorizes the sale of bonds for that purpose.

Section 49e concerns the Texas Park Development Fund

Section 49f provides for bonds to be sold to provide assistance for the purchase of farm and ranch land.

Section 49g was initially intended to provide funding for the Superconducting Super Collider. Superconducting Super Collider

Section 49g now concerns the Economic Stabilization Fund (the Rainy Day Fund).the Rainy Day Fund

Section 49h allows for bonds to be sold to build prisons and mental health facilities.

Section 49i allows for bonds to be sold to establish the Texas Agricultural Fund.

Section 49j places limits on additional state debt beyond what is allowed in the preceding sections.

Section 49k establishes the Texas Mobility Fund.

Section 49l allows for assistance for building roads to serve colonias.

Section 49m and n allows for funding highway projects as well as projects aimed at benefiting defense related communities.

Section 49o allows for funding the Texas Rail and Relocation Improvement Fund.

Section 49p allows for additional highway construction projects.

Section 50 limits the ability of the state to provide credit and related assistance.

Section 50a allows for the creation of the State Medical Educational Board.

Sections 50b-4, 5 and 6 allow for student loans

Sections 50c, d, e, f and g provide for loans related to agriculture and maintenance and repair

Section 51 prevents the legislature form making grants to individuals or corporations

Sections 51a – g authorize various forms of assistance

Sections 52 a – k concern the relationship between the state and smaller, local governments.

Section 53 prevents the state from granting the power to grant extra fees and compensation after services have been rendered.

Section 55 prevents the state from negating indebtedness on the part of an individual or corporation

Section 56 places limits on the local laws and special that can be passed by the legislature

Section 57 states that local laws passed by the legislature cannot be passed unless notice is given in the locality affected by the law.

Section 58 states the seat of government is Austin

Sections 59 and 60 allows for the establishment of Workers’ Compensation Insurance.

Section 61a establishes minimum salaries for executive office holders.

Section 62 relates to the continuity of state and local government in the event of a disaster.

Section 63 was repealed

Section 64 allows for the consolidation of governmental offices within a county.

Section 65 places a limit on the interest rates on bonds issued by the state.

Section 66 places limits on liability for noneconomic damages

Section 67 allows for the establishment of and funding for the Cancer Prevention and Research Institute of Texas