« AnteriorContinuar »
of the State of Texas, at the time of the adoption of this Constitution, and shall have resided in the same three years immediately preceding his election.
5. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected. The first Governor shall receive an annual salary of two thousand dollars, and no more.
6. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States.
7. He may require information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices.
8. He may, by proclamation, on extraordinary occasions, convene the Legislature at the seat of government, or at a different place, if that should be in the actual possession of a public enemy; in case of disagreement between the two houses with respect to the adjournment, he may, adjourn them to such time as he shall think proper, not beyond the day of the next regular meeting of the Legislature.
9. He shall, from time to time, give to the Legislature information, in writing, of the state of the government, and recommend to their consideration such measures as he may deem expedient.
10. He shall take care that the laws be faithfully executed.
11. In all criminal cases, except in those of treason and impeachment, he shall have power, after conviction, to grant reprieves and pardons; and, under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures. In cases of treason, he shall have power, by and with the advice and consent of the Senate, to grant reprieves and pardons; and he may, in the recess of the Senate, respite the sentence until the end of the next session of the Legislature.
12. There shall also be a Lieutenant-Governor, who shall be chosen at every election for Governor by the same persons, and in the same manner, continue in office for the same time, and possess the same qualifications. In voting for Governor and Lieutenant-Governor, the electors shall distinguish for whom they vote for as Governor and for whom as Lieutenant-Governor. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate, and have, when in committee of the whole, a right to debate and vote on all questions, and, when the Senate is equally divided, to give the casting vote, In case of the death, resignation, removal from office, inability or refusal of the Governor to serve, or of his impeachment or absence from the State, the Lieutenant-Governor shall exercise the powers and authority appertaining to the office of Governor, until another be chosen at the periodical election for Governor, and be duly qualified, or until the Governor impeached, absent, or disabled, shall be acquitted, return, or his disability be removed.
13. Whenever the government shall be administered by the Lieutenant-Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their own members as President for the time being. And if, during the vacancy of the office of Governor, the Lieutenant-Governor shali die, resign, refuse to serve, or be removed from office, or be unable to serve, or if he shall be impeached, or absent from the State, the President of the Senate for the time being shall, in like manner, administer the government until he shall be superseded by a Governor or Lieutenant-Governor; the LieutenantGovernor shall, whilst he acts as President of the Senate, receive for his services the same compensation which shall be allowed to the Speaker of the House of Representatives, and no more; and during the time he administers the government as Governor, shall receive the same compensation which the Governor would have received had he been employed in the duties of his office, and no more. The President for the time being of the Senate shall, during the time he administers the government, receive in like manner the same compensation which the Governor would have received had he been employed in the duties of his office. If the Lieutenant-Governor shall be required to adminis. ter the government, and shall, whilst in such administration, die, resign, or be absent from the State, during the recess of the Legislature, it shall be the duty of the Secretary of State to convene the Senate for the purpose of choosing a President for the time being.
14. There shall be a seal of the State, which shall be kept by the Governor and used by him officially. The said seal shall be a star of five points encircled by an olive and live-oak branches, and the words, “the State of Texas."
15. All commissions shall be in the name and by the authority of the State of Texas, be sealed with the State seal, signed by the Governor, and attested by the Secretary of State.
16. There shall be a Secretary of State, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall continue in office during the term of service of the Governor elect. He shall keep a fair register of all official acts and proceedings of the Governor; and shall, when required, lay the same, and all papers, minutes and vouchers, relative thereto, before the Legislature, or either house thereof; and shall perform such other duties as may be required of him by law.
17. Every bill which shall have passed both houses of the Legislature shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it shall have originaled, who shall enter the objections at large upon the journals, and proceed to reconsider it; if, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered; if approved by two-thirds of the members present of that house, it shall become a law; but, in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it. Every bill presented to the Governor one day previous to the adjournment of the Legislature, and not returned to the house in which it originated, before its adjournment, shall become a law, and have the same force and effect as if signed by the Governor.
18. Every order, resolution, or vote, to which the concurrence of both houses of the Legislature may be necessary, except on questions of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him; or, being disapproved, shall be repassed by both houses according to the rules and limitations prescribed in the case of a bill.
19. The Governor, by and with the advice and consent of two-thirds of the Senate, shall appoint a convenient number of notaries-public, not exceeding six for each county, who, in addition to such duties as are prescribed by law, shall discharge such other duties as the Legislature may, from time to time, prescribe.
20. Nominations to fill vacancies that may have occurred during the recess shall be made to the Senate during the first ten days of its session. And should any nomination so made be rejected, the same individual shall not again be nominated during the session to fill the same office. And should the Governor fail to make nominations to fill any vacancy during the session of the Senate, such vacancy shall not be filled by the Governor until the next meeting of the Senate.
21. The Governor shall reside, during the session of the Legislature, at the place where their sessions may be held, and, at all other times, wherever, in their opinion, the public good may require.
22. No person holding the office of Governor shall hold any other office or commission, civil or military.
23. A State treasurer and comptroller of public accounts shall be biennially elected by the joint hallot of both houses of the Legislature, and, cancy in either of said offices during the recess of the Legislature, such vacan
cy shall be filled by the Governor, which appointment shall continue until the close of the next session of the Legislature thereafter.
ARTICLE VI.-Militia. Sec. 1. The Legislature shall provide by law for organizing and disciplining the militia of this State, in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States in relation thereto.
2. Any person who conscientiously scruples to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service.
3. No licensed minister of the gospel shall be required to perform military duty, work on roads, or serve on juries, in this State.
4. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.
ARTICLE VII.--General Provisions. Sec. 1. Members of the Legislature, and all officers, before they enter upon the duties of their office, shall take the following oath or affirmation : “I, A. B., do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent on me as -, according to the hest of my skill and ability, agreeably to the Constitution and laws of the United States, and of this State; and I do further solemnly, swear (or affirm) that, since the adoption of this Constitution by the Congress of the United States, I, being a citizen of this State, have not fought a duel with deadly weapons within this State, or out of it; nor have I sent or accepted a challenge to fight a duel with deadly weapons; nor have I acted as second in carrying a challenge, or aided, advised, or assisted any person thus offending : so help me God.”
2. Treason against this State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court.
3. Every person shall be disqualified from holding any office of trust or profit in this State, who shall have been convicted of having given or offered a bribe to procure his election or appointment.
4. Laws shall be made, to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper practice.
5. Any citizen of this State, who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within the State or out of it, or who shall act as second, or knowingly aid and
assist, in any manner, those thus offending, shall Le deprived of holding any office of trust or profit under this State.
6. În all elections by the people, the vote shall be by ballot, until the Legislature shall otherwise direct; and in all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce, except in the election of their officers.
7. The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors not provided for by this Constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for the performance of the same; nor grant, by appropriation or otherwise, any amount of money out of the treasury of the State, to any individual, on a claim, real or pretended, where the same shall not have been provided for by pre-existing law: Provided, that nothing in this section shall be so construed as to affect the claims of persons against the republic of Texas, hereto fore existing
8. No money shall be drawn from the treasury but in pursuance of specific appropriations made by law; nor shall any appropriation of money be made for a longer term than two years, except for purposes of education; and no appropriation for private or individual purposes, or for purposes of internal improvement, shall be made without the concurrence of two-thirds of both houses of the Legislature. A regular statement and account of the receipts and expenditures of all public money shall be published annually, in such manner as shall be prescribed by law. And in no case shall the Legislature have the power to issue treasury warrants, treasury notes, or paper
of any description, intended to circulate as money.
9. 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 therein, as may be required by law.
10. The duration of all offices not fixed by this Constitution, shall never exceed four years.
11. Absence on the business of this State, or of the United States, shall not forfeit a residence once obtained, so as to deprive any one' of the right on suffrage, or of being elected or appointed to any office, under the exceptions contained in this Constitution.
12. The Legislature shall have power to provide for deductions from the salaries of public officers, who may neglect the performance of any duty that may be assigned them by law.
13. No member of Congress, nor person holding or exercising any office of profit or trust under the United States, or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any office of profit or trust under this State.
14. The Legislature shall provide for a change of venue in civil and criminal cases; and for the erection of a penitentiary at as early a day as practicable.
15. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide differences by arbitration, when the parties shall elect that method of trial.
16. Within five years after the adoption of this Constitution, the laws, civil and criminal, shall be revised digested, arranged, and published in such manner as the Legislature shall direct; and a like revision, digest, and publication, shall be made every ten years thereafter.
17. No lottery shall be authorized by this State; and the buying or selling of lottery tickets within this State is prohibited.
18. No divorce shall be granted by the Legislature.
19. All property both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
20. The rights of property and of action which have been acquired under the Constitution and laws of the republic of Texas, shall not be divested; nor shall any rights or actions which have been divested, barred, or declared null and void by the Constitution and laws of the republic of Texas, be re-invested, revived, or reinstated by this Constitution; but the same shall remain precisely in the situation in which they were before the adoption of this Constitution,
21. All claims, locations, surveys, grants, and titles to land, which are declared null and void by the Constitution of the republic of Texas, are, and the same shall remain forever, null and void.
22. The Legislature shall have power to protect by law, from forced sale, a certain portion of the property of all heads of families. The homestead of a family, not to exceed two hundred acres of land (not included in a town or city), or any town or city lot or lots, in value not to exceed two thousand dollars, shali not be subject to forced sale for any debts hereafter contracted; nor shall the owner, it a married man, be at liberty to alienate the same, unless by the consent of the wile, in such manner as the Legislature may hereafter point out.
23. The Legislature shall provide in what cases officers shall continue to
perform the duties of their offices until their successors shall be duly qualified.
24. Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title.
25. No law shall be revised or amended by reference to its title ; but, in such case, the act revised or section amended, shall be re-enacted and published at length.
26. No person shall hold or exercise, at the same time, more than one civil office of emolument, except that of justice of the peace.
27. Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law; except such property as two-thirds of both houses of the Legislature may think proper to exempt from taxation. The Legislature shall have power to lay an income tax, and to tax all persons pursuing any occupation, trade, or profession : provided, that the term “occupation,” shall not be construed to apply to pursuits either agricultural or mechanical.
28. The Legislature shall have power to provide by law for exempting from taxation two hundred and fifty dollars' worth of the household furniture, or other property belonging to each family in this State.
29. The assessor and collector of taxes shall be appointed in such manner, and under such regulations, as the Legislature may direct.
30. No corporate body shall hereafter be created, renewed, or extended, with banking or discounting privileges.
31. Ño private corporation shall be created, unless the bill creating it shall be passed by two-thirds of both houses of the Legislature; and two-thirds of the Legislature shall have power to revoke and repeal all private corporations, by making compensation for the franchise. And the State shall not be part owner of the stock or property belonging to any corporation. 32. The Legislature shall prohibit
, by law, individuals from issuing bills, checks, promissory notes, or other paper, to circulate as money.
33. The aggregate amount of debts hereafter contracted by the Legislature shall never exceed the sum of one hundred thousand dollars, except in case of war, to repel invasions, or suppress insurrections. And in no case shall any amount be borrowed, except by a vote of two-thirds of both houses of the Legislature.
34. The Legislature shall, at the first session thereof, and may, at any suh| sequent session, establish new counties for the convenience of the inhabitants of such new county or counties: provided, that no new county shall be established, which shall reduce the county or counties, or either of them, from which it shall be taken, to a less area than nine hundred square miles (except the county of Bowie), unless by consent of two-thirds of the Legislature; nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be considered as part of the county or counties from which it was taken, until entitled, by numbers, to the right of separate representation.
35. No soldier shall, in time of peace, be quartered in the house, or within the enclosure, of any individual, without the consent of the owner, nor in time of war, but in a manner prescribed by law.
36. The salaries of the Governor and judges of the Supreme and district courts are hereby fixed at the minimum established in the Constitution, and shall not be increased for ten years.
37. Mode of amending the Constitution.—The Legislature, whenever two thirds of each house shall deem it necessary, may propose amendments to this Constitution; which proposed amendments shall be duly published in the public prints of the State, at least three months before the next general election of representatives, for the consideration of the people: and it shall be the duty of the several returning officers, at the next election, which shall be thus holden, to open a poll for, and make a return to, the Secretary of State, of the names of all those voting for representatives, who have voted on such proposed amendments; and if thereupon it shall appear that a majority of all the citizens of this State, voting for representatives, have voted in favor of such proposed