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 24
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SEC. 4. The lands herein set apart to the public frec school fund shall be sold under such regulations, at such times and on such terms as may be prescribed by law ; and the legislature shall not have power to grant any relief to the purchasers thereof. The comp- troller shall invest the proceeds of such sales, and of those heretofore made, as may be directed by the board of education herein provided for, in the bonds of this state, if the same can be obtained, otherwise in United States bonds ; and the United States bonds now belonging to said fund shall likewise be invested in state bonds, if the same can be obtained on terms advantageous to the school fund. [Const. 1876.]
[Sec. 4, Art. 7, declared adopted September 25, 1883.]
SEC. 4. The lands herein set apart to the public free school fund shall be sold under such regulations, at such times. and on such terms as may be prescribed by law; and the legislature shall not have power to grant any relief to purchasers thereof. The comptroller shall invest the pro- ceeds of such sales, and of those heretofore made, as may be directed by the board of education herein provided for, in the bonds of the United States, the State of Texas, or counties in said state, or in such other secu- rities, and under such restrictions as may be prescribed by law ; and the state shall be responsible for all investments.
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SEC. 5. The principal of all bonds and other funds, and the principal arising from the sale of the lands hereinbefore set apart to said school fund, shall be the permanent school fund ; and all the interest derivable therefrom and the taxes herein authorized and levied shall be the available school fund, which shall be applied annually to the support of the public free schools. And no law shall ever be enacted appropriating any part of the per- manent or available school fund to any other purpose whatever ; nor shall the same, or any part thereof, ever be appropriated to or used for the support of any sectarian school ; and the available school fund herein provided shall be distributed to the several counties according to their scholastic population and applied in manner as may be provided by law. [Const. 1876.]
[Sec. 5, Art. 7, declared adopted September 22, 1891.]
SEC. 5. The principal of all bonds and other funds, and the principal arising from the sale of the lands hereinbefore set apart to said school fund, shall be the permanent school fund ; and all the interest derivable therefrom and the taxes herein authorized and levied shall be the avail- able school fund, to which the legislature may add not exceeding one per cent. annually of the total value of the permanent school fund; such value to be ascertained by the board of education until otherwise provided by law ; and the available school fund shall be applied annually to the sup- port of the public free schools. And no law shall ever be enacted appro- priating any part of the permanent or available school fund to any other purpose whatever ; nor shall the same or any part thereof ever be appro- priated to or used for the support of any sectarian school ; and the available school fund herein provided shall be distributed to the several counties according to their scholastic population and applied in such manner as may be provided by law.
SEC. 6. All lands heretofore or hereafter granted to the several counties of this state for education, or schools, are of right the property of said counties respectively to which they were granted, and title thereto is vested in said counties, and no adverse possession or limitation shall ever be available against the title of any county. Each county may sell or dispose of its lands in whole or in part, in manner to be provided by the commissioners' court of the county. Actual settlers residing on said lands shall be protected in the prior right of purchasing the same to the extent of their settlement, not to exceed one hundred and sixty acres, at the price fixed by said court, which price shall not include the value of existing improvements made thereon by such settlers. Said lands and the proceeds thereof, when sold, shall be held by said counties alone as a trust for the benefit of public schools therein ; said proceeds to be invested in bonds of the State of Texas, or of the United States, and only the interest thereon to be used and expended annually. [Const. 1876.]
[Sec. 6, Art. 7, declared adopted September 25, 1883.]
SEC. 6. All lands heretofore or hereafter granted to the several counties of this state for educational purposes, are of right the property of said counties respectively to which they were granted, and title thereto is vested in said counties, and no adverse possession or limitation shall ever be available against the title of any county. Each county may sell or dispose of its lands in whole or in part, in manner to be provided by the commissioners' court of the county. Actual settlers residing on said lands shall be protected in the prior right of purchasing the same to the extent of their settlement, not to exceed one hundred and sixty acres, at the price fixed by said court, which price shall not include the value of existing improvements made thereon by such settlers. Said lands, and the proceeds thereof, when sold, shall be held by said counties alone as & trust for the benefit of public schools therein ; said proceeds to be invested in bonds of the United States, the State of Texas, or counties in said state, or in such other securities, and under such restrictions as may be pre-
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scribed by law ; and the counties shall be responsible for all investments ; the interest thereon, and other revenue, except the principal, shall be available fund.
SEC. 7. Separate schools shall be provided for the white and colored children, and impartial provision shall be made for both.
SEC. 8. The governor, comptroller, and secretary of state shall consti- tute a board of education, who shall distribute said funds to the several counties, and perform such other duties concerning public schools as may be prescribed by law.
ASYLUMS.
SEC. 9. All lands heretofore granted for the benefit of the lunatic, blind, deaf and dumb, and orphan asylums, together with such donations as may have been or may hereafter be made to either of them, respectively, as indicated in the several grants, are hereby set apart to provide a per- manent fund for the support, maintenance and improvement of said asylums. And the legislature may provide for the sale of the lands and the investment of the proceeds in manner as provided for the sale and investment of school lands in section four of this article.
UNIVERSITY.
SEC. 10. The legislature shall, as soon as practicable, establish, organ- ize and provide for the maintenance, support and direction of a university of the first class, to be located by a vote of the people of this state, and styled, "The University of Texas," for the promotion of literature and the arts and sciences, including an agricultural and mechanical depart- ment.
SEC. 11. In order to enable the legislature to perform the duties set forth in the foregoing section, it is hereby declared that all lands and other property heretofore set apart and appropriated for the establish- ment and maintenance of "The University of Texas," together with all the proceeds of sales of the same, heretofore made or hereafter to be made, and all grants, donations and appropriations that may hereafter be made by the State of Texas, or from any other source, shall constitute and become a permanent university fund. And the same as realized and received into the treasury of the state (together with such sum belonging to the fund as may now be in the treasury), shall be invested in bonds of the State of Texas, if the same can be obtained ; if not, then in United States bonds ; and the interest accruing thereon shall be subject to appro- priation by the legislature to accomplish the purpose declared in the fore- going section ; provided, that the one-tenth of the alternate sections of the lands granted to railroads, reserved by the state, which were set apart and appropriated to the establishment of "The University of Texas," by an act of the legislature of February 11, 1858, entitled " An act to estab- lish 'The University of Texas,'" shall not be included in or constitute a part of the permanent university fund.
SEC. 12. The land herein set apart to the university fund shall be sold under such regulations, at such fimes and on such terms as may be pro- vided by law ; and the legislature shall provide for the prompt collection, at maturity, of all debts due on account of university lands heretofore
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sold, or that may hereafter be sold, and shall in neither event have the power to grant relief to the purchasers.
SEC. 13. The Agricultural and Mechanical College of Texas, estab- lished by an act of the legislature, passed April 17, 1871, located in the county of Brazos, is hereby made and constituted a branch of the Univer- sity of Texas, for instruction in agriculture, the mechanic arts and the natural sciences connected therewith. And the legislature shall, at its next session, make an appropriation, not to exceed forty thousand dol- lars, for the construction and completion of the buildings and improve- ments, and for providing the furniture necessary to put said college in immediate and successful operation.
SEC. 14. The legislature shall, also, when deemed practicable, estab- lish and provide for the maintenance of a college or branch university for the instruction of the colored youths of the state, to be located by a vote of the people ; provided, that no tax shall be levied and no money appro- priated out of the general revenue, either for this purpose or for the establishment and erection ot the buildings of the University of Texas.
SEC. 15. In addition to the lands heretofore granted to the University of Texas, there is hereby set apart and appropriated, for the endowment, maintenance and support of said university and its branches, one million acres of the unappropriated public domain of the state, to be designated and surveyed as may be provided by law ; and said lands shall be sold under the same regulations and the proceeds invested in the same man- ner as is provided for the sale and investment of the permanent univer- sity fund ; and the legislature shall not have power to grant any relief to the purchasers of said lands.
ARTICLE VIII. TAXATION AND REVENUE.
SECTION 1. Taxation shall be equal and uniform. All property in this state, whether owned by natural persons or corporations, other than municipal, shall be taxed in proportion to its value, which shall be ascer- tained as may be provided by law. The legislature may impose a poll tax. It may also impose occupation taxes, both upon natural persons and upon corporations, other than municipal, doing any business in this state. It may also tax incomes of both natural persons and corporations, other than municipal, except that persons engaged in mechanical and agricultural pursuits shall never be required to pay an occupation tax ; provided, that two hundred and fifty dollars worth of household and kitchen furniture, belonging to each family in this state, shall be exempt from taxation, and provided further, that the occupation tax levied by any county, city or town, for any year, on persons or corporations pursu- ing any profession or business, shall not exceed one-half of the tax levied by the state for the same period on such profession or business.
SEC. 2. All occupation taxes shall be equal and uniform upon the same class of subjects within the limits of the authority levying the tax ; but the legislature may, by general laws, exempt from taxation public property used for public purposes ; actual places of religious worship ; places of burial not held for private or corporate profit ; all buildings
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used exclusively and owned by persons or associations of persons for school purposes (and the necessary furniture of all schools), and institu- tions of purely public charity : and all laws exempting property from taxation, other than the property above mentioned, shall be void.
SEC. 3. Taxes shall be levied and collected by general laws and for public purposes only.
SEC. 4. The power to tax corporations and corporate property shall not be surrendered or suspended by act of the legislature. by any contract or grant to which the state shall be a party.
Ser. 5. All property of railroad companies, of whatever description, lying or being within the limits of any city or incorporated town within this state, shall bear its proportionate share of municipal taxation. and if any such property shall not have been heretofore rendered. the authori- ties of the city or town within which it lies shall have power to require its rendition, and collect the usual municipal tax thereon, as on other property lying within said municipality.
SEc. 6. 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 by the first legislature to assemble under this constitution, which may make the necessary appropriations to carry on the government until the assem- blage of the sixteenth legislature.
SEC. 7. The legislature shall not have power to borrow, or in any manner divert from its purpose, any special fund that may, or ought to, come into the treasury ; and shall make it penal for any person or per- sons to borrow, withhold, or in any manner to divert from its purpose, any special fund, or any part thereof.
SEC. 8. All property of railroad companies shall be assessed, and the taxes collected in the several counties in which said property is situated, including so much of the road-bed and fixtures as shall be in each county. The rolling stock may be assessed in gross in the county where the prin- cipal office of the company is located, and the county tax paid upon it shall be apportioned by the comptroller, in proportion to the distance such road may run through any such county, among the several counties through which the road passes, as a part of their tax assets.
Sc. 9. The state tax on property, exclusive of the tax necessary to pay the public debt, shall never exceed afty centr on the one hundred dollars valuation : and no county, city or town shall levy more than one-half of said state tax, except for the payment of debts al- ready incurred, and for the erection of public buildings, not to exceed fifty cents on the one hundred dollars in any one year, and except as in this constitution is otherwise pro- vided. [Const. 1876. |
SEc. 9. The state tax on property, exclusive of the tax necessary to pay the public debt, and of the taxes provided for the benefit of public free schools, shall never exceed thirty- five cents on the one hundred dollars valuation ; and no county. city or town shall levy more than twenty-five cents for city or county purposes, and not to exceed fifteen cents for roads and bridges, on the one hundred dollars valuation, except for the payment of debts incurred prior to the adoption of this amendment, and for the erection of public buildings, street, sewer and other permanent improvements, not to exceed twenty-five cents on the one hundred dollars valuation in any one year, and except as is in this constitution other- wine provided. [ Amendment 1883. ]
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[Sec. 9, Art. 8, declared adopted December 19, 1890.]
SEc. 9. The state tax on property, exclusive of the tax necessary to pay the public debt and of the taxes provided for the benefit of public free schools, shall never exceed thirty-five cents on the one hundred dol-
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lars valuation; and no county, city, or town shall levy more than twenty- five cents for city or county purposes, and not exceed fifteen cents for roads and bridges on the one hundred dollars valuation, except for the payment of debts incurred prior to the adoption of the amendment, September 25, A. D. 1883; and for the erection of public buildings, streets, sewers, water works, and other permanent improvements, not to exceed twenty-five cents on the one hundred dollars valuation in any one year, and except as is in this constitution otherwise provided ; and the legislature may also authorize an additional annual ad valorem tax to be levied and collected for the further maintenance of the public roads : provided, that a majority of the qualified property tax paying voters of the county, voting at an election to be held for that purpose, shall vote such tax, not to exceed fifteen cents on the one hundred dollars valuation of the property subject to taxation in such county. And the legislature may pass local laws for the maintenance of public roads and highways without the local notice required for special or local laws.
SEC. 10. The legislature shall have no power to release the inhabi- tants of, or property in, any county, city or town, from the payment of taxes levied for state or county purposes, unless in case of great public calamity in any such county, city or town, when such release may be made by a vote of two-thirds of each house of the legislature.
SEC. 11. All property, whether owned by persons or corporations, shall be assessed for taxation and the taxes paid in the county where situated, but the legislature may, by a two-thirds vote, authorize the pay- ment of taxes of non-residents of counties to be made at the office of the comptroller of public accounts. And all lands and other property not rendered for taxation by the owner thereof shall be assessed at its fair value by the proper officer.
SEC. 12. All property subject to taxation in, and owned by residents of unorganized counties, shall be assessed and the taxes thereon paid in the counties to which such unorganized counties shall be attached for judicial purposes; and lands lying in and owned by non-residents of unorganized counties, and lands lying in the territory not laid off into counties, shall be assessed and the taxes thereon collected at the office of the comptroller of the state.
SEC. 13. Provision shall be made by the first legislature for the speedy sale of a sufficient portion of all lands and other property for the taxes due thereon, and every year thereafter for the sale of all lands and other property upon which the taxes have not been paid, and the deed of convevance to the purchaser for all lands and other property thus sold shall be held to vest a good and perfect title in the purchaser thereof, subject to be impeached only for actual fraud; provided, that the former owner shall, within two years from date of purchaser's deed, have the right to redeem the land upon the payment of double the amount of money paid for the land.
SEC. 14. There shall be elected by the qualified electors of each county, at the same time and under the same law regulating the election of state and county officers, an assessor of taxes, who shall hold his office for two years and until his successor is elected and qualified.
SEC. 15. The annual assessment made upon landed property, shall be a special lien thereon, and all property, both real and personal, belong-
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ing to any delinquent tax-payer shall be liable to seizure and sale for the payment of all the taxes and penalties due by such delinquent; and such property may be sold for the payment of the taxes and penalties due by such delinquent, under such regulations as the legislature may provide.
SEC. 16. The sheriff of each county, in addition to his other duties, shall be the collector of taxes therefor. But in counties having ten thousand inhabitants, to be determined by the last preceding census of the United States, a collector of taxes shall be elected, to hold office for two years and until his successor shall be elected and qualified.
SEC. 17. The specification of the objects and subjects of taxation shall not deprive the legislature of the power to require other subjects or ob- jects to be taxed, in such manner as may be consistent with the principles of taxation fixed in this constitution.
SEC. 18. The legislature shall provide for equalizing, as near as may be, the valuation of all property subject to or rendered for taxation (the county commissioners' court to constitute a board of equalization); and may also provide for the classification of all lands with reference to their value in the several counties.
[Sec. 19, Art. 8, declared adopted Oct. 14, 1879.]
SEC. 19. Farm products in the hands of the producer and family sup- plies for home and farm use, are exempt from all taxation until otherwise directed by a two-thirds vote of all the members elect to both houses of the legislature.
ARTICLE IX. COUNTIES.
SECTION 1. The legislature shall have power to create counties for the convenience of the people, subject to the following provisions :
First. In the territory of the state exterior to all counties now existing, no new counties shall be created with a less area than nine hundred square miles, in a square form, unless prevented by pre-existing boundary lines. Should the state lines render this impracticable in border counties, the area may be less. The territory referred to may, at any time, in whole or in part, be divided into counties in advance of population, and attached, for judicial and land surveying purposes, to the most convenient organized county or counties.
Second. Within the territory of any county or counties now existing, no new county shall be created with a less area than seven hundred square miles, nor shall any such county now existing be reduced to a less area than seven hundred square miles. No new counties shall be created so as to approach nearer than twelve miles of the county seat of any county from which it may, in whole or in part, be taken. Counties of a less area than nine hundred, but of seven hundred or more square miles, within counties now existing, may be created by a two-thirds vote of each house of the legislature, taken by yeas and nays, and entered on the journals. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. When any part of a county is stricken off and attached to or created into another county, the
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part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing of the county from which it was taken, in such manner as may be prescribed by law.
Third. No part of any existing county shall be detached from it and attached to another existing county until the proposition for such change shall have been submitted, in such manner as may be provided by law, to a vote of the electors of both counties, and shall have received a majority of those voting on the question in each.
COUNTY SEATS.
SEC. 2. The legislature shall pass laws regulating the manner of re- moving county seats, but no county seat situated within five miles of the geographical center of the county shall be removed except by a vote of two-thirds of all the electors voting on the subject. A majority of such electors, however, voting at such election, may remove a county seat from a point more than five miles from the geographical center of the county to a point within five miles of such center, in either case the center to be determined by a certificate from the commissioner of the general land office.
ARTICLE X. RAILROADS.
SECTION 1. Any railroad corporation or association, organized under the law for the purpose, shall have the right to construct and operate a railroad between any points within this state, and to connect at the state line with railroads of other states. Every railroad company shall have the right, with its road, to intersect, connect with or cross any other rail- road: and shall receive and transport each the other's passengers, ton- nage and cars, loaded or empty, without delay or discrimination, under such regulations as shall be prescribed by law.
SEC. 2. Railroads heretofore constructed, or that may hereafter be constructed in this state, are hereby declared public highways, and railroad companies common carriers. The legislature shall pass laws to correct abuses and prevent unjust discrimination and extor- tion in the rates of freight and passenger tariffs on the different railroads in this state ; and shall from time to time pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on said railroads, and enforce all such laws by adequate penalties. [Const. 1876.]
[Sec. 2, Art. 10, declared adopted December 19, 1890.]
SEC. 2. Railroads heretofore constructed or which may hereafter be constructed in this state are hereby declared public highways and railroad companies common carriers. The legislature shall pass laws to regulate railroad freight and passenger tariffs, to correct abuses, and prevent un- just discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce the same by adequate penalties ; and to the further accomplishments of these objects and purposes may provide and establish all requisite means and agencies invested with such powers as may be deemed adequate and advisable.
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