USA > Texas > A School History of Texas: From Its Discovery in 1685 to 1893. For the Use of Schools, Academies, Convents, Seminaries, and all Institutions of Learning > Part 21
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SEC. 33. All bills for raising revenue shall originate in the house of representatives, but the senate may amend or reject them as other bills. SEC. 34. After a bill has been considered and defeated by either house of the legislature, no bill containing the same substance shall be passed into a law during the same session. After a resolution has been acted
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on and defeated, no resolution containing the same substance shall be considered at the same session.
SEc. 35. No bill (except general appropriation bills, which may em- brace the various subjects and accounts for and on account of which moneys are appropriated) shall contain more than one subject, which shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in the title. such act shall be void only as to so much thereof as shall not be so expressed.
SEC. 36. No law shall be revived or amended by reference to its title ; but in such case the act revived or the section or sections amended shall be re-enacted and published at length.
SEc. 37. No bill shall be considered, unless it has been first referred to a committee and reported thereon ; and no bill shall be passed which has not been presented and referred to and reported from a committee at least three days before the final adjournment of the legislature.
SEc. 38. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the legislature, after their titles have been publicly read before signing; and the fact of signing shall be entered on the journals.
SEC. 39. No law passed by the legislature, except the general appro- priation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless, in case of an emergency, which emergency must be expressed in a preamble or in the body of the act, the legislature shall, by a vote of two-thirds of all the members elected to each house, otherwise direct ; said vote to be taken by yeas and nays, and entered upon the journals.
SEc. 40. When the legislature shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the governor calling such session, or presented to them by the governor ; and no such session shall be of longer duration than thirty days.
SEc. 41. In all elections by the senate and house of representatives, jointly or separately, the vote shall be given vira roce, except in the elec- tion of their officers.
REQUIREMENTS AND LIMITATIONS.
SEC. 42. The legislature shall pass such laws as may be necessary to carry into effect the provisions of this constitution.
SEC. 43. The first session of the legislature under this constitution shall provide for revising, digesting and publishing the laws, civil and criminal : and a like revision, digest and publication may be made every ten years thereafter: prorided. that in the adoption of and giving effect to any such digest or revision, the legislature shall not be limited by sec- tions 35 and 36 of this article.
SEc. 44. The legislature shall provide by law for the compensation of all officers, servants, agents and public contractors, not provided for in this constitution, but shall not grant extra compensation to any officer, agent, servant or public contractors, 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
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the treasury of the state, to any individual, on a claim, real or pretended, when the same shall not have been provided for by pre-existing law; nor employ any one in the name of the state unless authorized by pre-existing law.
SEC. 45. The power to change the venue in civil and criminal cases shall be vested in the courts, to be exercised in such manner as shall be provided by law; and the legislature shall pass laws for that purpose.
SEC. 46. The legislature shall, at its first session after the adoption of this constitution, enact effective vagrant laws.
SEC. 47. The legislature shall pass laws prohibiting the establishment of lotteries and gift enterprises in this state, as well as the sale of tickets in lotteries, gift enterprises or other evasions involving the lottery prin- ciple, established or existing in other states.
SEC. 48. The legislature shall not have the right to levy taxes or im- pose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes :
The payment of all interest upon the bonded debt of the state;
The erection and repairs of public buildings;
The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the state, including matured bonds for the payment of which the sinking fund is inadequate;
The support of public schools, in which shall be included colleges and universities established by the state; and the maintenance and support of the Agricultural and Mechanical College of Texas;
The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employees of the state government, and all incidental expenses connected therewith ;
The support of the blind asylum, the deaf and dumb asylum, and the insane asylum, the state cemetery and the public grounds of the state;
The enforcement of quarantine regulations on the coast of Texas; The protection of the frontier.
SEC. 49. No debt shall be created by or on behalf of the state, except to supply casual deficiencies of revenue, repel invasion, suppress insur- rection, defend the state in war, or pay existing debt; and the debt created to supply deficiencies in the revenue shall never exceed in the aggregate at any one time two hundred thousand dollars.
SEC. 50. The legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the state in aid of, or to any person, association or corporation, whether municipal or other, or to pledge the credit of the state, in any manner whatsoever, for the pay- ment of the liabilities, present or prospective, of any individual, associa- tion of individuals, municipal or other corporation whatsoever.
SEC. 51. The legislature shall have no power to make any grant, or authorize the making of any grant, of public money to any individual, association of individuals, municipal or other corporation whatsoever ; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity.
SEC. 52. The legislature shall have no power to authorize any county, city, town, or other political corporation or subdivision of the state, to
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lend its credit or to grant public money or thing of value, in aid of or to any individual, association of corporation whatsoever: or to become a stockholder in such corporation, association or company.
SEC. 53. The legislature shall have no power to grant, or to author- ize any county or municipal authority to grant, any extra compensation, fee or allowance to a public officer, agent. servant or contractor, after service has been rendered. or a contract has been entered into, and per- formed in whole or in part : nor pay. nor authorize the payment of, any claim created against any county or municipality of the state, under any agreement or contract made without authority of law.
SEC. 54. The legislature shall have no power to release or alienate any lien held by the state upon any railroad, or in anywise change the tenor or meaning or pass any act explanatory thereof: but the same shall be enforced in accordance with the original terms upon which it was acquired.
SEC. 55. The legislature shall have no power to release or extinguish. or to authorize the releasing or extinguishing. in whole or in part, the indebtedness, liability or obligation of any incorporation or individual to this state, or to any county, or other municipal corporation therein.
SEC. 56. The legislature shall not. except as otherwise provided in this constitution. pass any local or special law, authorizing-
The creation, extension, or impairing of liens ;
Regulating the affairs of counties, cities, towns, wards or school dis- tricts;
Changing the names of persons or places;
Changing the venue in civil or criminal cases;
Authorizing the laying out, opening, altering or maintaining of roads, highways, streets or alleys;
Relating to ferries or bridges, or incorporating ferry or bridge com- panies, except for the erection of bridges crossing streams which form boundaries between this and any other state:
Vacating roads, town plats, streets or alleys;
Relating to cemeteries, graveyards, or public grounds not of the state; Authorizing the adoption or legitimation of children ;
Locating or changing county seats ;
Incorporating cities, towns or villages, or changing their charters ;
For the opening and conducting of elections, or fixing or changing the places of voting ;
Granting divorces ;
Creating offices, or prescribing the powers and duties of officers, in counties, cities, towns, election or school districts ;
Changing the law of descent or succession ;
Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators or other tribunals, or pro- viding or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate ;
Regulating the fees, or extending the powers and duties of aldermen, justices of the peace, magistrates or constables ;
Regulating the management of public schools, the building or repair- ing of school houses, and the raising of money for such purposes ;
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Fixing the rate of interest ;
Affecting the estates of minors, or persons under disability ;
Remitting fines, penalties and forfeitures, and refunding moneys legally paid into the treasury ; Exempting property from taxation ; Regulating labor, trade, mining and manufacturing ;
Declaring any named person of age ;
Extending the time for the assessment or collection of taxes, or other- wise relieving any assessor or collector of taxes from the due performance of his official duties, or his securities from liability ;
Giving effect to informal or invalid wills or deeds ; Summoning or impanneling grand or petit juries ;
For limitation of civil or criminal actions ;
For incorporating railroads or other works of internal improvements; And in all other cases where a general law can be made applicable, no local or special law shall be enacted ; provided, that nothing herein contained shall be construed to prohibit the legislature from passing special laws for the preservation of the game and fish of this state in certain localities.
SEC. 57. No local or special law shall be passed unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the legislature of such bill and in the manner to be provided by law. The evidence of such notice having been published shall be exhibited in the legislature before such act shall be passed.
SEC. 58. The legislature shall hold its sessions at the city of Austin, which is hereby declared to be the seat of government.
ARTICLE IV. EXECUTIVE DEPARTMENT.
SECTION 1. The executive department of the state shall consist of a governor, who shall be the chief executive officer of the state, a lieutenant- governor, secretary of state, comptroller of public accounts, treasurer, commissioner of the general land office, and attorney-general.
SEC. 2. All the above officers of the executive department (except secretary of state) shall be elected by the qualified voters of the state at the time and places of election for members of the legislature.
SEC. 3. The returns of every election for said executive officers, un- til otherwise provided by law, shall be made out, sealed up, and trans- mitted, by the returning officers prescribed by law, to the seat of govern- ment, directed to the secretary of state, who shall deliver the same to the speaker of the house of representatives, as soon as the speaker shall be chosen ; and the said speaker shall, during the first week of the session of the legislature, open and publish them in the presence of both houses of the legislature. The person voted for at said election having the highest number of votes for each of said offices respectively, and being constitu- tionally eligible, hall be declared by the speaker, under sanction of the
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legislature, to be elected to said office. But if two or more persons shall have the highest and an equal number of votes for either of said offices, one of them shall be immediately chosen to such office by joint vote of both houses of the legislature. Contested elections for either of said offices shall be determined by both houses of the legislature in joint session.
SEc. 4. The governor shall be installed on the first Tuesday after the organization of the legislature. or as soon thereafter as practicable, and shall hold his office for the term of two years, or until his successor shall be duly installed. He shall be at least thirty years of age, a citizen of the United States, and shall have resided in this state at least five years immediately preceding his election.
SEC. 5. He shall, at stated times, receive as compensation for his services an annual salary of four thousand dollars, and no more, and shall have the use and occupation of the governor's mansion, fixtures and furniture.
SEC. 6. During the time he holds the office of governor he shall not hold any other office. civil, military or corporate ; nor shall he practice any profession, and receive compensation, reward, fee, or the promise thereof, for the same ; nor receive any salary, reward or compensation, or the promise thereof. from any person or corporation, for any service rendered or performed during the time he is governor, or to be thereafter rendered or performed.
SEC. 7. He shall be commander-in-chief of the military forces of the state, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the state, to suppress insurrection, repel invasion, and protect the frontier from hostile incursions by Indians or other predatory bands.
SEC. 8. The governor may, on extraordinary occasions, convene the legislature at the seat of government, or at a different place in case that should be in possession of the public enemy, or in case of the prevalence of disease thereat. Ilis proclamation therefor shall state specifically the purpose for which the legislature is convened.
SEC. 9. The governor shall, at the commencement of each session of the legislature, and at the close of his term of office, give to the legisla- ture information, by message, of the condition of the state ; and he shall recommend to the legislature such measures as he may deem expedient. He shall account to the legislature for all public moneys received and paid out by him from any funds subject to his order. with vouchers ; and shall accompany his message with a statement of the same. And at the commencement of each regular session he shall present estimates of the amount of money required to be raised by taxation for all purposes.
SEC. 10. He shall cause the laws to be faithfully executed ; and shall conduct, in person, or in such manner as shall be prescribed by law, all intercourse and business of the state with other states and with the United States.
SEC. 11. In all criminal cases, except treason and impeachment, he shall have power, after conviction, to grant reprieves, commutations of punishment, and pardons ; and under such rules as the legislature may prescribe, he shall have power to remit fines and forfeitures. With the advice and consent of the senate, he may grant pardons in cases of trea-
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son, and to this end he may respite a sentence therefor, until the close of the succeeding session of the legislature ; provided, that in all cases of remissions of fines and forfeitures, or grants of reprieve, commutation of punishment or pardon, he shall file in the office of the secretary of state his reasons therefor.
SEC. 12. All vacancies in state or district offices, except members of the legislature, shall be filled, unless otherwise provided by law, by ap- pointment of the governor, which appointment, if made during its ses- sion, shall be with the advice and consent of two-thirds of the senate present. If made during the recess of the senate, the said appointee, or some other person to fill such vacancy, shall be nominated to the senate during the first ten days of its session. If rejected, said office shall imme- diately become vacant, and the governor shall, without delay, make fur- ther nominations, until a confirmation takes place. But should there be no confirmation during the session of the senate, the governor shall not thereafter appoint any person to fill such vacancy who has been rejected by the senate ; but may appoint some other person to fill the vacancy until the next session of the senate, or until the regular election to said office, should it sooner occur. Appointments to vacancies in offices elective by the people shall only continue until the first general election thereafter.
SEC. 13. During the session of the legislature the governor shall reside where its sessions are held, and at all other times at the seat of govern- ment, except when by act of the legislature he may be required or author- ized to reside elsewhere.
SEC. 14. Every bill which shall have passed both houses of the legisla- ture shall be presented to the governor for his approval. If he approve, he shall sign it ; but if he disapprove it, he shall return it, with his ob- jections, to the house in which it originated, which house shall enter the objections at large upon its journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members present agree to pass the bill, it shall be sent, with the objections, to the other house, by which likewise it shall be reconsidered ; and if approved by two-thirds of the members 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 and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor with his objections within ten 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, unless the legislature, by its adjournment, prevent its return ; in which case it shall be a law unless he shall file the same, with his objections, in the office of the secretary of state, and give notice thereof by public proclamation within twenty days after such ad- journment. If any bill presented to the governor contains several items of appropriation, he may object to one or more of such items, and approve the other portion of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and no item so objected to shall take effect. If the legislature be in ses- sion, he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately considered. If, on reconsideration, one or more of such items be approved by two-
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thirds of the members present of each house, the same shall be part of the law notwithstanding the objections of the governor. If any such bill, containing several items of appropriation, not having been presented to the governor ten days (Sundays excepted) prior to adjournment, be in the hands of the governor at the time of adjournment, he shall have twenty days from such adjournment within which to file objections to any items thereof, and make proclamation of the same, and such item or items shall not take effect.
SEC. 15. 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, shall be approved by him ; or, being disapproved, shall be repassed by both houses ; and all the rules, provisions and limitations shall apply thereto as prescribed in the last preceding section in the case of a bill.
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SEC. 16. There shall also be a lieutenant-governor, who shall be chosen at every election for governor, by the same electors, in the same manner, continue in office for the same time, and possess the same qualifications. The electors shall distinguish for whom they vote as governor and for whom as lieutenant-governor. The lieutenant-governor shall, by virtue of his office, be president of the senate, and shall have, when in com- mittee 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, and be duly qualified ; or until the governor impeached, absent or dis- abled, shall be acquitted, return, or his disability be removed.
SEC. 17. If, during the vacancy in the office of governor, the lieuten- ant-governor should 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 lieutenant-governor shall, while he acts as president of the senate, receive for his services the same com- pensation and mileage which shall be allowed to the members of the senate, and no more ; and during the time he administers the govern- ment as governor, he shall receive in like manner 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 adininisters 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.
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SEC. 18. The lieutenant-governor or president of the senate succeed- ing to the office of governor shall, during the entire term to which he may succeed, be under all the restrictions and inhibitions imposed in this constitution on the governor.
SEC. 19. There shall be a seal of the state, which shall be kept by the secretary of state, and used by him officially under the direction of the governor. The seal of the state shall be a star of five points, encircled by olive and live oak branches, and the words " The State of Texas."
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SEC. 20. All commissions shall be in the name and by the authority of the State of Texas, sealed with the state seal, signed by the governor, and attested by the secretary of state.
SEC. 21. 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 who shall continue in office during the term of service of the governor. He shall authenticate the publication of the laws, and 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 perforin such other duties as may be required of him by law. He shall receive for his services an annual salary of two thousand dollars, and no more.
SEC. 22. The attorney-general shall hold his office for two years and until his successor is duly qualified. He shall represent the state in all suits and pleas in the supreme court of the state in which the state may be a party, and shall especially inquire into the charter rights of all pri- vate corporations, and, from time to time, in the name of the state, take such action in the courts as may be proper and necessary to prevent any private corporation from exercising any power, or demanding or collect- ing any species of taxes, toll, freight or wharfage not authorized by law. He shall, whenever sufficient cause exists, seek a judicial forfeiture of such charters, unless otherwise expressly directed by law, and give legal advice in writing to the governor and other executive officers, when requested by them, and perform such other duties as may be required by law. He shall reside at the seat of government during his continuance in office. He shall receive for his services an annual salary of two thou- sand dollars, and no more, besides such fees as may be prescribed by law ; provided, that the fees which he may receive shall not amount to more than two thousand dollars annually.
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