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Texas Constitution, Article 16

Texas/Constitution

← All Texas coverage

Article 16, General Provisions

48 sections · 0 paragraphs in this article.

All articles413 Art. 144 Art. 21 Art. 3129 Art. 429 Art. 535 Art. 67 Art. 729 Art. 853 Art. 913 Art. 101 Art. 1111 Art. 122 Art. 141 Art. 159 Art. 1648 Art. 171

48 provisions·Filtered byArt. 16✕

Tex. Const. art. 16, § 1 OFFICIAL OATH OF OFFICE
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(a) All elected and appointed officers, before they enter upon the duties of their offices, shall take the following Oath or Affirmation: "I, _______________________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ___________________ of …
Tex. Const. art. 16, § 2 EXCLUSIONS FROM OFFICE FOR CONVICTION OF HIGH CRIMES
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Laws shall be made to exclude from office persons who have been convicted of bribery, perjury, forgery, or other high crimes. (Feb. 15, 1876. Amended Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 2: See Appendix, Note 3.)
Tex. Const. art. 16, § 5 DISQUALIFICATION FROM OFFICE FOR GIVING OR OFFERING BRIBE
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Every person shall be disqualified from holding any office of profit, or trust, in this State, who shall have been convicted of having given or offered a bribe to procure his election or appointment. (Feb. 15, 1876.)
Tex. Const. art. 16, § 6 APPROPRIATIONS FOR PRIVATE PURPOSES; ANNUAL ACCOUNTING OF PUBLIC MONEY; ACCEPTANCE AND EXPENDITURE OF CERTAIN MONEY FOR PERSONS WITH DISABILITIES
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(a) No appropriation for private or individual purposes shall be made, unless authorized by this Constitution. A regular statement, under oath, and an account of the receipts and expenditures of all public money shall be published annually, in such manner as shall be prescribed b…

Tex. Const. art. 16, § 9 NO FORFEITURE OF RESIDENCE BY ABSENCE ON PUBLIC BUSINESS

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Absence on business of the State, or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under the exceptions contained in this Constitution. (Feb. 15, 1876.)

Tex. Const. art. 16, § 10 DEDUCTIONS FROM SALARY OF PUBLIC OFFICER FOR NEGLECT OF DUTY

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The Legislature shall provide for deductions from the salaries of public officers who may neglect the performance of any duty that may be assigned them by law. (Feb. 15, 1876.)

Tex. Const. art. 16, § 11 USURY; RATE OF INTEREST IN ABSENCE OF LEGISLATION

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The Legislature shall have authority to define interest and fix maximum rates of interest; provided, however, in the absence of legislation fixing maximum rates of interest all contracts for a greater rate of interest than ten per centum (10%) per annum shall be deemed usurious; …

Tex. Const. art. 16, § 12 INELIGIBILITY OF MEMBERS OF CONGRESS AND OFFICERS OF UNITED STATES OR FOREIGN POWER TO HOLD ANOTHER OFFICE

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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. (Fe…

Tex. Const. art. 16, § 13A UNOPPOSED CANDIDATE FOR OFFICE OF POLITICAL SUBDIVISION

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For an office of a political subdivision for which this constitution requires an election, the legislature may provide by general law for a person to assume the office without an election if the person is the only candidate to qualify in an election to be held for that office. (A…

Tex. Const. art. 16, § 13 UNOPPOSED CANDIDATE FOR OFFICE

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For an office for which this constitution requires an election, the legislature may provide by general law for a person to take the office without an election if the person is the only candidate to qualify in an election to be held for that office. (Former Sec. 13 repealed Aug. 5…

Tex. Const. art. 16, § 14 CIVIL OFFICERS; RESIDENCE; LOCATION OF OFFICES

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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 as may be required by law; and failure to comply with this condition shall vacate the office so held. (Feb. 15, 18…

Tex. Const. art. 16, § 15 SEPARATE AND COMMUNITY PROPERTY OF SPOUSES

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All property, both real and personal, of a spouse owned or claimed before marriage, and that acquired afterward by gift, devise or descent, shall be the separate property of that spouse; and laws shall be passed more clearly defining the rights of the spouses, in relation to sepa…

Tex. Const. art. 16, § 16 CORPORATIONS WITH BANKING AND DISCOUNTING PRIVILEGES

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(a) The Legislature shall by general laws, authorize the incorporation of state banks and savings and loan associations and shall provide for a system of State supervision, regulation and control of such bodies which will adequately protect and secure the depositors and creditors…

Tex. Const. art. 16, § 17 SERVICE OF PUBLIC OFFICER PENDING QUALIFICATION OF SUCCESSOR

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(a) Except as provided by Subsection (b) of this section, all officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified. (b) Following the expiration of a term of an appointive office that is filled by appointment …

Tex. Const. art. 16, § 20 REGULATION OF MIXED ALCOHOLIC BEVERAGES AND INTOXICATING LIQUORS; LOCAL OPTION ELECTIONS; WINERIES

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(a) The Legislature shall have the power to enact a Mixed Beverage Law regulating the sale of mixed alcoholic beverages on a local option election basis. The Legislature shall also have the power to regulate the manufacture, sale, possession and transportation of intoxicating liq…

Tex. Const. art. 16, § 21 CONTRACTS FOR PUBLIC PRINTING AND BINDING AND FOR REPAIRS AND FURNISHINGS OF LEGISLATIVE FACILITIES

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All stationery, printing, fuel used in the legislature and departments of the government other than the judicial department, printing and binding of the laws, journals, and department reports, and all other printing and binding and the repairing and furnishing of the halls and ro…

Tex. Const. art. 16, § 23 REGULATION OF LIVESTOCK; PROTECTION OF STOCK RAISERS; INSPECTIONS; BRANDS

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The Legislature may pass laws for the regulation of live stock and the protection of stock raisers in the stock raising portion of the State, and exempt from the operation of such laws other portions, sections, or counties; and shall have power to pass general and special laws fo…

Tex. Const. art. 16, § 24 ROADS AND BRIDGES

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The Legislature shall make provision for laying out and working public roads, for the building of bridges, and for utilizing fines, forfeitures, and convict labor to all these purposes. (Feb. 15, 1876.)

Tex. Const. art. 16, § 25 DRAWBACKS AND REBATEMENT PROHIBITED TO CARRIERS, SHIPPERS, MERCHANTS, ETC

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That all drawbacks and rebatement of insurance, freight, transportation, carriage, wharfage, storage, compressing, baling, repairing, or for any other kind of labor or service of, or to any cotton, grain, or any other produce or article of commerce in this State, paid or allowed …

Tex. Const. art. 16, § 26 HOMICIDE: LIABILITY FOR EXEMPLARY DAMAGES

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Every person, corporation, or company, that may commit a homicide, through wilful act, or omission, or gross neglect, shall be responsible, in exemplary damages, to the surviving husband, widow, heirs of his or her body, or such of them as there may be, without regard to any crim…

Tex. Const. art. 16, § 27 VACANCIES FILLED FOR UNEXPIRED TERM

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In all elections to fill vacancies of office in this State, it shall be to fill the unexpired term only. (Feb. 15, 1876.)

Tex. Const. art. 16, § 28 GARNISHMENT OF WAGES

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No current wages for personal service shall ever be subject to garnishment, except for the enforcement of court-ordered: (1) child support payments; or (2) spousal maintenance. (Feb. 15, 1876. Amended Nov. 8, 1983, and Nov. 2, 1999.)

Tex. Const. art. 16, § 30a MEMBERS OF STATE BOARDS; TERMS OF OFFICE

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The Legislature may provide by law that the Board of Regents of the State University and boards of trustees or managers of the educational, eleemosynary, and penal institutions of the State, and such boards as have been, or may hereafter be established by law, may be composed of …

Tex. Const. art. 16, § 30b DURATION OF MUNICIPAL CIVIL SERVICE OFFICES

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Wherever by virtue of Statute or charter provisions appointive offices of any municipality are placed under the terms and provisions of Civil Service and rules are set up governing appointment to and removal from such offices, the provisions of Article 16, Section 30, of the Texa…

Tex. Const. art. 16, § 30 DURATION OF PUBLIC OFFICES; RAILROAD COMMISSION

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(a) The duration of all offices not fixed by this Constitution shall never exceed two years. (b) When a Railroad Commission is created by law it shall be composed of three Commissioners who shall be elected by the people at a general election for State officers, and their terms o…

Tex. Const. art. 16, § 31 PRACTITIONERS OF MEDICINE

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The Legislature may pass laws prescribing the qualifications of practitioners of medicine in this State, and to punish persons for mal-practice, but no preference shall ever be given by law to any schools of medicine. (Feb. 15, 1876.)

Tex. Const. art. 16, § 33 SALARY OR COMPENSATION PAYMENTS TO PERSONS HOLDING MORE THAN ONE PUBLIC OFFICE

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The accounting officers in this State shall neither draw nor pay a warrant or check on funds of the State of Texas, whether in the treasury or otherwise, to any person for salary or compensation who holds at the same time more than one civil office of emolument, in violation of S…

Tex. Const. art. 16, § 37 LIENS OF MECHANICS, ARTISANS, AND MATERIAL MEN

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Mechanics, artisans and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value of their labor done thereon, or material furnished therefor; and the Legislature shall provide by law for the speedy and efficient enforc…

Tex. Const. art. 16, § 39 APPROPRIATIONS FOR HISTORICAL MEMORIALS

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The Legislature may, from time to time, make appropriations for preserving and perpetuating memorials of the history of Texas, by means of monuments, statues, paintings and documents of historical value. (Feb. 15, 1876.)

Tex. Const. art. 16, § 40 HOLDING MORE THAN ONE PUBLIC OFFICE; EXCEPTIONS; RIGHT OF OFFICEHOLDER TO VOTE

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(a) No person shall hold or exercise at the same time, more than one civil office of emolument, except that of Justice of the Peace, County Commissioner, Notary Public and Postmaster, Officer of the National Guard, the National Guard Reserve, and the Officers Reserve Corps of the…

Tex. Const. art. 16, § 41 BRIBERY AND SOLICITATION OR ACCEPTANCE OF BRIBES

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Any person who shall, directly or indirectly, offer, give, or promise, any money or thing of value, testimonial, privilege or personal advantage, to any executive or judicial officer or member of the legislature to influence him in the performance of any of his public or official…

Tex. Const. art. 16, § 44 COUNTY TREASURER AND COUNTY SURVEYOR

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(a) Except as otherwise provided by this section, the Legislature shall prescribe the duties and provide for the election by the qualified voters of each county in this State, of a County Treasurer and a County Surveyor, who shall have an office at the county seat, and hold their…

Tex. Const. art. 16, § 48 EXISTING STATE LAWS TO CONTINUE IN FORCE

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All laws and parts of laws now in force in the State of Texas, which are not repugnant to the Constitution of the United States, or to this Constitution, shall continue and remain in force as the laws of this State, until they expire by their own limitation or shall be amended or…

Tex. Const. art. 16, § 49 PROTECTION OF PERSONAL PROPERTY FROM FORCED SALE

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The Legislature shall have power, and it shall be its duty, to protect by law from forced sale a certain portion of the personal property of all heads of families, and also of unmarried adults, male and female. (Feb. 15, 1876.)

Tex. Const. art. 16, § 50 PROTECTION OF HOMESTEAD FROM FORCED OR UNAUTHORIZED SALE; EXCEPTIONS; REQUIREMENTS FOR MORTGAGE LOANS AND OTHER OBLIGATIONS SECURED BY HOMESTEAD

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(a) The homestead of a family, or of a single adult person, shall be, and is hereby protected from forced sale, for the payment of all debts except for: (1) the purchase money thereof, or a part of such purchase money; (2) the taxes due thereon; (3) an owelty of partition imposed…

Tex. Const. art. 16, § 51 SIZE OF HOMESTEAD; USES; RELEASE OR REFINANCE OF EXISTING LIEN

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The homestead, not in a town or city, shall consist of not more than two hundred acres of land, which may be in one or more parcels, with the improvements thereon; the homestead in a city, town or village, shall consist of lot or contiguous lots amounting to not more than 10 acre…

Tex. Const. art. 16, § 52 DESCENT AND DISTRIBUTION OF HOMESTEAD; RESTRICTIONS ON PARTITION

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On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the…

Tex. Const. art. 16, § 59 CONSERVATION AND DEVELOPMENT OF NATURAL RESOURCES; DEVELOPMENT OF PARKS AND RECREATIONAL FACILITIES; CONSERVATION AND RECLAMATION DISTRICTS; INDEBTEDNESS AND TAXATION AUTHORIZED

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(a) The conservation and development of all of the natural resources of this State, and development of parks and recreational facilities, including the control, storing, preservation and distribution of its storm and flood waters, the waters of its rivers and streams, for irrigat…

Tex. Const. art. 16, § 61 COMPENSATION OF DISTRICT, COUNTY, AND PRECINCT OFFICERS, NOTARIES PUBLIC, AND PUBLIC WEIGHERS; SALARY OR FEE BASIS; DISPOSITION OF FEES

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(a) All district officers in the State of Texas and all county officers in counties having a population of twenty thousand (20,000) or more, according to the then last preceding Federal Census, shall be compensated on a salary basis. (b) In all counties in this State, the Commiss…

Tex. Const. art. 16, § 64 TERMS OF ELECTIVE DISTRICT, COUNTY, AND PRECINCT OFFICES

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The elective district, county, and precinct offices which have heretofore had terms of two years, shall hereafter have terms of four years; and the holders of such offices shall serve until their successors are qualified. (Added Nov. 2, 1954; amended Nov. 6, 2007.)

Tex. Const. art. 16, § 65 AUTOMATIC RESIGNATION ON BECOMING CANDIDATE FOR ANOTHER OFFICE

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(a) This section applies to the following offices: District Clerks; County Clerks; County Judges; Judges of the County Courts at Law, County Criminal Courts, County Probate Courts and County Domestic Relations Courts; County Treasurers; Criminal District Attorneys; County Surveyo…

Tex. Const. art. 16, § 66 PROTECTED BENEFITS UNDER CERTAIN PUBLIC RETIREMENT SYSTEMS

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(a) This section applies only to a public retirement system that is not a statewide system and that provides service and disability retirement benefits and death benefits to public officers and employees. (b) This section does not apply to a public retirement system that provides…

Tex. Const. art. 16, § 67 STATE AND LOCAL RETIREMENT SYSTEMS

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(a) General Provisions. (1) The legislature may enact general laws establishing systems and programs of retirement and related disability and death benefits for public employees and officers. Financing of benefits must be based on sound actuarial principles. The assets of a syste…

Tex. Const. art. 16, § 68 ASSESSMENTS ON PRODUCT SALES BY ASSOCIATIONS OF AGRICULTURAL PRODUCERS

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The legislature may provide for the advancement of food and fiber in this state by providing representative associations of agricultural producers with authority to collect such refundable assessments on their product sales as may be approved by referenda of producers. All revenu…

Tex. Const. art. 16, § 69 PRIOR APPROVAL OF EXPENDITURE OR EMERGENCY TRANSFER OF APPROPRIATED FUNDS

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The legislature may require, by rider in the General Appropriations Act or by separate statute, the prior approval of the expenditure or the emergency transfer of any funds appropriated to the agencies of state government. (Added Nov. 5, 1985.)

Tex. Const. art. 16, § 71 TEXAS PRODUCT DEVELOPMENT FUND; SMALL BUSINESS INCUBATOR FUND

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(a) The legislature by law may establish a Texas product development fund to be used without further appropriation solely in furtherance of a program established by the legislature to aid in the development and production of new or improved products in this state. The fund shall …

Tex. Const. art. 16, § 72 TEMPORARY REPLACEMENT OF PUBLIC OFFICER ON ACTIVE MILITARY DUTY

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(a) An elected or appointed officer of the state or of any political subdivision who enters active duty in the armed forces of the United States as a result of being called to duty, drafted, or activated does not vacate the office held, but the appropriate authority may appoint a…

Tex. Const. art. 16, § 73 VETERANS HOSPITALS

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The state may contribute money, property, and other resources for the establishment, maintenance, and operation of veterans hospitals in this state. (Added Nov. 3, 2009.)