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Texas Constitution, Article 16

Texas/Constitution

← All Texas coverage

Article 16, General Provisions

76 sections · 0 paragraphs in this article.

All articles478 Art. 141 Art. 21 Art. 3142 Art. 429 Art. 540 Art. 67 Art. 732 Art. 845 Art. 917 Art. 109 Art. 1113 Art. 127 Art. 130 Art. 148 Art. 159 Art. 1676 Art. 172

76 provisions·Filtered byArt. 16✕

Tex. Const. art. 16, § 1 OFFICIAL OATH
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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, JURY SERVICE AND RIGHT OF SUFFRAGE; PROTECTION OF RIGHT OF SUFFRAGE
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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. (Amended Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 2: See Appendix, Note 3.)
Tex. Const. art. 16, § 3 Section 3
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(Repealed Aug. 5, 1969.)
Tex. Const. art. 16, § 4 Section 4
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(Repealed Aug. 5, 1969.)
DISQUALIFICATION TO HOLD OFFICE BY GIVING OR OFFERING BRIBE

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Tex. Const. art. 16, § 5

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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.

Tex. Const. art. 16, § 6 APPROPRIATIONS FOR PRIVATE PURPOSES; STATE PARTICIPATION IN PROGRAMS FINANCED WITH PRIVATE OR FEDERAL FUNDS FOR REHABILITATION OF BLIND, CRIPPLED, OR PHYSICALLY OR MENTALLY HANDICAPPED PERSONS

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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, § 7 Section 7

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(Repealed Aug. 5, 1969.)

Tex. Const. art. 16, § 8 Section 8

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(Redesignated as Sec. 14, Art. IX, Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 8: See Appendix, Note 3.)

Tex. Const. art. 16, § 9 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.

Tex. Const. art. 16, § 10 DEDUCTIONS FROM SALARY 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.

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 MEMBERS OF CONGRESS; OFFICERS OF UNITED STATES OR FOREIGN POWER; INELIGIBILITY TO HOLD 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.

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.

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

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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 OFFICERS TO SERVE UNTIL SUCCESSORS QUALIFIED

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All officers within this State shall continue to perform the duties of their offices until their successors shall be duly qualified.

Tex. Const. art. 16, § 18 Section 18

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(Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 18: See Appendix, Note 1.)

Tex. Const. art. 16, § 19 Section 19

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(Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 19: See Appendix, Note 3.)

Tex. Const. art. 16, § 20 MIXED ALCOHOLIC BEVERAGES; INTOXICATING LIQUORS; WINES; REGULATION; LOCAL OPTION

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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 PUBLIC PRINTING AND BINDING; REPAIRS AND FURNISHINGS; CONTRACTS

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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, § 22 Section 22

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(Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 22: See Appendix, Note 3.)

Tex. Const. art. 16, § 23 REGULATION OF LIVE STOCK; 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.

Tex. Const. art. 16, § 25 DRAWBACKS AND REBATEMENT 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 IN 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.

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. (Amended Nov. 8, 1983, and Nov. 2, 1999.)

Tex. Const. art. 16, § 29 Section 29

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(Repealed Aug. 5, 1969.)

Tex. Const. art. 16, § 30 DURATION OF 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, § 30a MEMBERS OF 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 CIVIL SERVICE OFFICES; DURATION

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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, § 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.

Tex. Const. art. 16, § 32 Section 32

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(Repealed Aug. 5, 1969.)

Tex. Const. art. 16, § 33 SALARY OR COMPENSATION PAYMENTS TO PERSONS HOLDING MORE THAN ONE 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, § 34 Section 34

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(Repealed Aug. 5, 1969.)

Tex. Const. art. 16, § 35 Section 35

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(Repealed Aug. 5, 1969.)

Tex. Const. art. 16, § 36 Section 36

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(Repealed Aug. 5, 1969.)

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, § 38 Section 38

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(Repealed Aug. 5, 1969.)

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.

Tex. Const. art. 16, § 40 HOLDING MORE THAN ONE OFFICE; EXCEPTIONS; RIGHT 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 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, § 42 Section 42

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(Repealed Aug. 5, 1969.)

Tex. Const. art. 16, § 43 Section 43

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(Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 43: See Appendix, Note 3.)

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, § 45 Section 45

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(Repealed Aug. 5, 1969.)

Tex. Const. art. 16, § 46 Section 46

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(Repealed Aug. 5, 1969.)

Tex. Const. art. 16, § 47 Section 47

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(Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 47: See Appendix, Note 1.)

Tex. Const. art. 16, § 48 EXISTING 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…