THE TEXAS CONSTITUTION. Texas

THE TEXAS CONSTITUTION - Texas


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into Senatorial Districts of contiguous territory, and each district shall be entitled to elect one Senator.

      (Amended Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 25: See Appendix, Note 3.)

      Sec. 26. APPORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTATIVES.

      The members of the House of Representatives shall be apportioned among the several counties, according to the number of population in each, as nearly as may be, on a ratio obtained by dividing the population of the State, as ascertained by the most recent United States census, by the number of members of which the House is composed; provided, that whenever a single county has sufficient population to be entitled to a Representative, such county shall be formed into a separate Representative District, and when two or more counties are required to make up the ratio of representation, such counties shall be contiguous to each other; and when any one county has more than sufficient population to be entitled to one or more Representatives, such Representative or Representatives shall be apportioned to such county, and for any surplus of population it may be joined in a Representative District with any other contiguous county or counties.

      Sec. 26a. (Repealed Nov. 2, 1999.)

      (TEMPORARY TRANSITION PROVISIONS for Sec. 26a: See Appendix, Note 1.)

      Sec. 27. ELECTIONS.

      Elections for Senators and Representatives shall be general throughout the State, and shall be regulated by law.

      Sec. 28. TIME FOR APPORTIONMENT; APPORTIONMENT BY LEGISLATIVE REDISTRICTING BOARD.

      The Legislature shall, at its first regular session after the publication of each United States decennial census, apportion the state into senatorial and representative districts, agreeable to the provisions of Sections 25 and 26 of this Article.

      In the event the Legislature shall at any such first regular session following the publication of a United States decennial census, fail to make such apportionment, same shall be done by the Legislative Redistricting Board of Texas, which is hereby created, and shall be composed of five (5) members, as follows: The Lieutenant Governor, the Speaker of the House of Representatives, the Attorney General, the Comptroller of Public Accounts and the Commissioner of the General Land Office, a majority of whom shall constitute a quorum.

      Said Board shall assemble in the City of Austin within ninety (90) days after the final adjournment of such regular session. The Board shall, within sixty (60) days after assembling, apportion the state into senatorial and representative districts, or into senatorial or representative districts, as the failure of action of such Legislature may make necessary. Such apportionment shall be in writing and signed by three (3) or more of the members of the Board duly acknowledged as the act and deed of such Board, and, when so executed and filed with the Secretary of State, shall have force and effect of law. Such apportionment shall become effective at the next succeeding statewide general election. The Supreme Court of Texas shall have jurisdiction to compel such Board to perform its duties in accordance with the provisions of this section by writ of mandamus or other extraordinary writs conformable to the usages of law. The Legislature shall provide necessary funds for clerical and technical aid and for other expenses incidental to the work of the Board, and the Lieutenant Governor and the Speaker of the House of Representatives shall be entitled to receive per diem and travel expense during the Board's session in the same manner and amount as they would receive while attending a special session of the Legislature.

      (Amended Nov. 2, 1948, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 28: See Appendix, Note 3.)

      Sec. 29. ENACTING CLAUSE OF LAWS.

      The enacting clause of all laws shall be: "Be it enacted by the Legislature of the State of Texas."

      Sec. 30. LAWS PASSED BY BILL; AMENDMENTS CHANGING PURPOSE.

      No law shall be passed, except by bill, and no bill shall be so amended in its passage through either House, as to change its original purpose.

      Sec. 31. ORIGINATION IN EITHER HOUSE; AMENDMENT.

      Bills may originate in either House, and, when passed by such House, may be amended, altered or rejected by the other.

      Sec. 32. READING ON THREE SEVERAL DAYS; SUSPENSION OF RULE.

      No bill shall have the force of a law, until it has been read on three several days in each House, and free discussion allowed thereon; but four-fifths of the House, in which the bill may be pending, may suspend this rule, the yeas and nays being taken on the question of suspension, and entered upon the journals.

      (Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 32: See Appendix, Note 1.)

      Sec. 33. REVENUE BILLS.

      All bills for raising revenue shall originate in the House of Representatives.

      (Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 33: See Appendix, Note 1.)

      Sec. 34. DEFEATED BILLS AND RESOLUTIONS.

      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 on and defeated, no resolution containing the same substance, shall be considered at the same session.

      Sec. 35. SUBJECTS AND TITLES OF BILLS.

      (a) No bill, (except general appropriation bills, which may embrace the various subjects and accounts, for and on account of which moneys are appropriated) shall contain more than one subject.

      (b) The rules of procedure of each house shall require that the subject of each bill be expressed in its title in a manner that gives the legislature and the public reasonable notice of that subject.

      The legislature is solely responsible for determining compliance with the rule.

      (c) A law, including a law enacted before the effective date of this subsection, may not be held void on the basis of an insufficient title.

      (Subsec. (a) amended and (b) and (c) added Nov. 4, 1986.)

      Sec. 36. REVIVAL OR AMENDMENT BY REFERENCE; RE-ENACTMENT AND PUBLICATION AT LENGTH.

      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. REFERENCE TO COMMITTEE AND REPORT.

      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. SIGNING BILLS AND JOINT RESOLUTIONS; ENTRY ON JOURNALS.

      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. TIME OF TAKING EFFECT OF LAWS; EMERGENCIES; ENTRY ON JOURNAL.

      No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless 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.

      (Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 39: See Appendix, Note 1.)

      Sec. 40. SPECIAL SESSIONS; SUBJECTS OF LEGISLATION; DURATION.

      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


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