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THE TEXAS CONSTITUTION

ARTICLE 1. BILL OF RIGHTS

That the general, great and essential principles of liberty

and free government may be recognized and established, we declare:

Sec.A1.AAFREEDOM AND SOVEREIGNTY OF STATE. Texas is a free

and independent State, subject only to the Constitution of the

United States, and the maintenance of our free institutions and the

perpetuity of the Union depend upon the preservation of the right of

local self-government, unimpaired to all the States.

Sec.A2.AAINHERENT POLITICAL POWER; REPUBLICAN FORM OF

GOVERNMENT. All political power is inherent in the people, and all

free governments are founded on their authority, and instituted for

their benefit. The faith of the people of Texas stands pledged to

the preservation of a republican form of government, and, subject

to this limitation only, they have at all times the inalienable

right to alter, reform or abolish their government in such manner as

they may think expedient.

Sec.A3.AAEQUAL RIGHTS. All free men, when they form a social

compact, have equal rights, and no man, or set of men, is entitled

to exclusive separate public emoluments, or privileges, but in

consideration of public services.

Sec.A3a.AAEQUALITY UNDER THE LAW. Equality under the law

shall not be denied or abridged because of sex, race, color, creed,

or national origin. This amendment is self-operative.

(Added Nov. 7, 1972.)

Sec.A4.AARELIGIOUS TESTS. No religious test shall ever be

required as a qualification to any office, or public trust, in this

State; nor shall any one be excluded from holding office on account

of his religious sentiments, provided he acknowledge the existence

of a Supreme Being.

Sec.A5.AAWITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS;

OATHS AND AFFIRMATIONS. No person shall be disqualified to give

evidence in any of the Courts of this State on account of his

religious opinions, or for the want of any religious belief, but all

oaths or affirmations shall be administered in the mode most

binding upon the conscience, and shall be taken subject to the pains

and penalties of perjury.

Sec.A6.AAFREEDOM OF WORSHIP. All men have a natural and

indefeasible right to worship Almighty God according to the

dictates of their own consciences. No man shall be compelled to

attend, erect or support any place of worship, or to maintain any

ministry against his consent. No human authority ought, in any case

whatever, to control or interfere with the rights of conscience in

matters of religion, and no preference shall ever be given by law to

any religious society or mode of worship. But it shall be the duty

of the Legislature to pass such laws as may be necessary to protect

equally every religious denomination in the peaceable enjoyment of

its own mode of public worship.

Sec.A7.AAAPPROPRIATIONS FOR SECTARIAN PURPOSES. No money

shall be appropriated, or drawn from the Treasury for the benefit of

any sect, or religious society, theological or religious seminary;

nor shall property belonging to the State be appropriated for any

such purposes.

Sec.A8.AAFREEDOM OF SPEECH AND PRESS; LIBEL. Every person

shall be at liberty to speak, write or publish his opinions on any

subject, being responsible for the abuse of that privilege; and no

law shall ever be passed curtailing the liberty of speech or of the

press. In prosecutions for the publication of papers,

investigating the conduct of officers, or men in public capacity,

or when the matter published is proper for public information, the

truth thereof may be given in evidence. And in all indictments for

libels, the jury shall have the right to determine the law and the

facts, under the direction of the court, as in other cases.

Sec.A9.AASEARCHES AND SEIZURES. The people shall be secure

in their persons, houses, papers and possessions, from all

unreasonable seizures or searches, and no warrant to search any

place, or to seize any person or thing, shall issue without

describing them as near as may be, nor without probable cause,

supported by oath or affirmation.

Sec.A10.AARIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. In all

criminal prosecutions the accused shall have a speedy public trial

by an impartial jury. He shall have the right to demand the nature

and cause of the accusation against him, and to have a copy thereof.

He shall not be compelled to give evidence against himself, and

shall have the right of being heard by himself or counsel, or both,

shall be confronted by the witnesses against him and shall have

compulsory process for obtaining witnesses in his favor, except

that when the witness resides out of the State and the offense

charged is a violation of any of the anti-trust laws of this State,

the defendant and the State shall have the right to produce and have

the evidence admitted by deposition, under such rules and laws as

the Legislature may hereafter provide; and no person shall be held

to answer for a criminal offense, unless on an indictment of a grand

jury, except in cases in which the punishment is by fine or

imprisonment, otherwise than in the penitentiary, in cases of

impeachment, and in cases arising in the army or navy, or in the

militia, when in actual service in time of war or public danger.

(Amended Nov. 5, 1918.)

Sec.A11.AABAIL. All prisoners shall be bailable by

sufficient sureties, unless for capital offenses, when the proof is

evident; but this provision shall not be so construed as to prevent

bail after indictment found upon examination of the evidence, in

such manner as may be prescribed by law.

Sec.A11a.AAMULTIPLE CONVICTIONS; DENIAL OF BAIL. (a)AAny

person (1) accused of a felony less than capital in this State, who

has been theretofore twice convicted of a felony, the second

conviction being subsequent to the first, both in point of time of

commission of the offense and conviction therefor, (2) accused of a

felony less than capital in this State, committed while on bail for

a prior felony for which he has been indicted, (3) accused of a

felony less than capital in this State involving the use of a deadly

weapon after being convicted of a prior felony, or (4) accused of a

violent or sexual offense committed while under the supervision of

a criminal justice agency of the State or a political subdivision of

the State for a prior felony, after a hearing, and upon evidence

substantially showing the guilt of the accused of the offense in (1)

or (3) above, of the offense committed while on bail in (2) above,

or of the offense in (4) above committed while under the supervision

of a criminal justice agency of the State or a political subdivision

of the State for a prior felony, may be denied bail pending trial,

by a district judge in this State, if said order denying bail

pending trial is issued within seven calendar days subsequent to

the time of incarceration of the accused; provided, however, that

if the accused is not accorded a trial upon the accusation under (1)

or (3) above, the accusation and indictment used under (2) above, or

the accusation or indictment used under (4) above within sixty (60)

days from the time of his incarceration upon the accusation, the

order denying bail shall be automatically set aside, unless a

continuance is obtained upon the motion or request of the accused;

provided, further, that the right of appeal to the Court of Criminal

Appeals of this State is expressly accorded the accused for a review

of any judgment or order made hereunder, and said appeal shall be

given preference by the Court of Criminal Appeals.

(b)AAIn this section:

(1)AA"Violent offense" means:

(A)AAmurder;

(B)AAaggravated assault, if the accused used or

exhibited a deadly weapon during the commission of the assault;

(C)AAaggravated kidnapping; or

(D)AAaggravated robbery.

(2)AA"Sexual offense" means:

(A)AAaggravated sexual assault;

(B)AAsexual assault; or

(C)AAindecency with a child.

(Added Nov. 6, 1956; amended Nov. 8, 1977; Subsec. (a) amended and

(b) added Nov. 2, 1993.)

Sec.A11b.AAVIOLATION OF CONDITION OF RELEASE PENDING TRIAL;

DENIAL OF BAIL. Any person who is accused in this state of a felony

or an offense involving family violence, who is released on bail

pending trial, and whose bail is subsequently revoked or forfeited

for a violation of a condition of release may be denied bail pending

trial if a judge or magistrate in this state determines by a

preponderance of the evidence at a subsequent hearing that the

person violated a condition of release related to the safety of a

victim of the alleged offense or to the safety of the community.

(Added Nov. 8, 2005; amended Nov. 6, 2007.)

Sec.A11c.AAVIOLATION OF AN ORDER FOR EMERGENCY PROTECTION

INVOLVING FAMILY VIOLENCE. The legislature by general law may

provide that any person who violates an order for emergency

protection issued by a judge or magistrate after an arrest for an

offense involving family violence or who violates an active

protective order rendered by a court in a family violence case,

including a temporary ex parte order that has been served on the

person, or who engages in conduct that constitutes an offense

involving the violation of an order described by this section may be

taken into custody and, pending trial or other court proceedings,

denied release on bail if following a hearing a judge or magistrate

in this state determines by a preponderance of the evidence that the

person violated the order or engaged in the conduct constituting

the offense.

(Added Nov. 6, 2007.)

Sec.A12.AAHABEAS CORPUS. The writ of habeas corpus is a writ

of right, and shall never be suspended. The Legislature shall enact

laws to render the remedy speedy and effectual.

Sec.A13.AAEXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL

PUNISHMENT; REMEDY BY DUE COURSE OF LAW. Excessive bail shall not

be required, nor excessive fines imposed, nor cruel or unusual

punishment inflicted. All courts shall be open, and every person

for an injury done him, in his lands, goods, person or reputation,

shall have remedy by due course of law.

Sec.A14.AADOUBLE JEOPARDY. No person, for the same offense,

shall be twice put in jeopardy of life or liberty; nor shall a

person be again put upon trial for the same offense after a verdict

of not guilty in a court of competent jurisdiction.

Sec.A15.AARIGHT OF TRIAL BY JURY. The right of trial by jury

shall remain inviolate. The Legislature shall pass such laws as may

be needed to regulate the same, and to maintain its purity and

efficiency. Provided, that the Legislature may provide for the

temporary commitment, for observation and/or treatment, of

mentally ill persons not charged with a criminal offense, for a

period of time not to exceed ninety (90) days, by order of the

County Court without the necessity of a trial by jury.

(Amended Aug. 24, 1935.)

Sec.A15-a.AACOMMITMENT OF PERSONS OF UNSOUND MIND. No person

shall be committed as a person of unsound mind except on competent

medical or psychiatric testimony. The Legislature may enact all

laws necessary to provide for the trial, adjudication of insanity

and commitment of persons of unsound mind and to provide for a

method of appeal from judgments rendered in such cases. Such laws

may provide for a waiver of trial by jury, in cases where the person

under inquiry has not been charged with the commission of a criminal

offense, by the concurrence of the person under inquiry, or his next

of kin, and an attorney ad litem appointed by a judge of either the

County or Probate Court of the county where the trial is being held,

and shall provide for a method of service of notice of such trial

upon the person under inquiry and of his right to demand a trial by

jury.

(Added Nov. 6, 1956.)

Sec.A16.AABILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE

LAWS; IMPAIRING OBLIGATION OF CONTRACTS. No bill of attainder, ex

post facto law, retroactive law, or any law impairing the

obligation of contracts, shall be made.

Sec.A17.AATAKING, DAMAGING, OR DESTROYING PROPERTY FOR

PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF

PRIVILEGES AND FRANCHISES. (a) No person ’s property shall be

taken, damaged, or destroyed for or applied to public use without

adequate compensation being made, unless by the consent of such

person, and only if the taking, damage, or destruction is for:

(1)AAthe ownership, use, and enjoyment of the property,

notwithstanding an incidental use, by:

(A)AAthe State, a political subdivision of the

State, or the public at large; or

(B)AAan entity granted the power of eminent domain

under law; or

(2)AAthe elimination of urban blight on a particular

parcel of property.

(b)AAIn this section, "public use" does not include the

taking of property under Subsection (a) of this section for

transfer to a private entity for the primary purpose of economic

development or enhancement of tax revenues.

(c)AAOn or after January 1, 2010, the legislature may enact a

general, local, or special law granting the power of eminent domain

to an entity only on a two-thirds vote of all the members elected to

each house.

(d)AAWhen a person’s property is taken under Subsection (a)

of this section, except for the use of the State, compensation as

described by Subsection (a) shall be first made, or secured by a

deposit of money; and no irrevocable or uncontrollable grant of

special privileges or immunities shall be made; but all privileges

and franchises granted by the Legislature, or created under its

authority, shall be subject to the control thereof.

(Amended Nov. 3, 2009.)

Sec.A18.AAIMPRISONMENT FOR DEBT. No person shall ever be

imprisoned for debt.

Sec.A19.AADEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF

LAW. No citizen of this State shall be deprived of life, liberty,

property, privileges or immunities, or in any manner disfranchised,

except by the due course of the law of the land.

Sec.A20.AAOUTLAWRY OR TRANSPORTATION FOR OFFENSE. No

citizen shall be outlawed. No person shall be transported out of

the State for any offense committed within the same. This section

does not prohibit an agreement with another state providing for the

confinement of inmates of this State in the penal or correctional

facilities of that state.

(Amended Nov. 5, 1985.)

Sec.A21.AACORRUPTION OF BLOOD; FORFEITURE; SUICIDES. No

conviction shall work corruption of blood, or forfeiture of estate,

and the estates of those who destroy their own lives shall descend

or vest as in case of natural death.

Sec.A22.AATREASON. Treason against the State shall consist

only in levying war against it, or adhering to its enemies, giving

them aid and comfort; and no person shall be convicted of treason

except on the testimony of two witnesses to the same overt act, or

on confession in open court.

Sec.A23.AARIGHT TO KEEP AND BEAR ARMS. Every citizen shall

have the right to keep and bear arms in the lawful defense of

himself or the State; but the Legislature shall have power, by law,

to regulate the wearing of arms, with a view to prevent crime.

Sec.A24.AAMILITARY SUBORDINATE TO CIVIL AUTHORITY. The

military shall at all times be subordinate to the civil authority.

Sec.A25.AAQUARTERING SOLDIERS IN HOUSES. No soldier shall in

time of peace be quartered in the house of any citizen without the

consent of the owner, nor in time of war but in a manner prescribed

by law.

Sec.A26.AAPERPETUITIES AND MONOPOLIES; PRIMOGENITURE OR

ENTAILMENTS. Perpetuities and monopolies are contrary to the

genius of a free government, and shall never be allowed, nor shall

the law of primogeniture or entailments ever be in force in this

State.

Sec.A27.AARIGHT OF ASSEMBLY; PETITION FOR REDRESS OF

GRIEVANCES. The citizens shall have the right, in a peaceable

manner, to assemble together for their common good; and apply to

those invested with the powers of government for redress of

grievances or other purposes, by petition, address or remonstrance.

Sec.A28.AASUSPENSION OF LAWS. No power of suspending laws in

this State shall be exercised except by the Legislature.

Sec.A29.AAPROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS

OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE. To guard against

transgressions of the high powers herein delegated, we declare that

everything in this "Bill of Rights" is excepted out of the general

powers of government, and shall forever remain inviolate, and all

laws contrary thereto, or to the following provisions, shall be

void.

Sec.A30.AARIGHTS OF CRIME VICTIMS. (a)AA crime victim has

the following rights:

(1)AAthe right to be treated with fairness and with

respect for the victim’s dignity and privacy throughout the

criminal justice process; and

(2)AAthe right to be reasonably protected from the

accused throughout the criminal justice process.

(b)AAOn the request of a crime victim, the crime victim has

the following rights:

(1)AAthe right to notification of court proceedings;

(2)AAthe right to be present at all public court

proceedings related to the offense, unless the victim is to testify

and the court determines that the victim’s testimony would be

materially affected if the victim hears other testimony at the

trial;

(3)AAthe right to confer with a representative of the

prosecutor ’s office;

(4)AAthe right to restitution; and

(5)AAthe right to information about the conviction,

sentence, imprisonment, and release of the accused.

(c)AAThe legislature may enact laws to define the term

"victim" and to enforce these and other rights of crime victims.

(d)AAThe state, through its prosecuting attorney, has the

right to enforce the rights of crime victims.

(e)AAThe legislature may enact laws to provide that a judge,

attorney for the state, peace officer, or law enforcement agency is

not liable for a failure or inability to provide a right enumerated

in this section. The failure or inability of any person to provide

a right or service enumerated in this section may not be used by a

defendant in a criminal case as a ground for appeal or

post-conviction writ of habeas corpus. A victim or guardian or

legal representative of a victim has standing to enforce the rights

enumerated in this section but does not have standing to

participate as a party in a criminal proceeding or to contest the

disposition of any charge.

(Added Nov. 7, 1989.)

Sec.A31.AACOMPENSATION TO VICTIMS OF CRIME FUND;

COMPENSATION TO VICTIMS OF CRIME AUXILIARY FUND; USE OF FUND MONEY.

(a)AThe compensation to victims of crime fund created by general

law and the compensation to victims of crime auxiliary fund created

by general law are each a separate dedicated account in the general

revenue fund.

(b)AAExcept as provided by Subsection (c) of this section and

subject to legislative appropriation, money deposited to the credit

of the compensation to victims of crime fund or the compensation to

victims of crime auxiliary fund from any source may be expended as

provided by law only for delivering or funding victim-related

compensation, services, or assistance.

(c)AAThe legislature may provide by law that money in the

compensation to victims of crime fund or in the compensation to

victims of crime auxiliary fund may be expended for the purpose of

assisting victims of episodes of mass violence if other money

appropriated for emergency assistance is depleted.

(Added Nov. 4, 1997.)

Sec.A32.AAMARRIAGE. (a) Marriage in this state shall

consist only of the union of one man and one woman.

(b)AAThis state or a political subdivision of this state may

not create or recognize any legal status identical or similar to

marriage.

(Added Nov. 8, 2005.)

Sec.A33.AAACCESS AND USE OF PUBLIC BEACHES. (a) In this

section, "public beach" means a state-owned beach bordering on the

seaward shore of the Gulf of Mexico, extending from mean low tide to

the landward boundary of state-owned submerged land, and any larger

area extending from the line of mean low tide to the line of

vegetation bordering on the Gulf of Mexico to which the public has

acquired a right of use or easement to or over the area by

prescription or dedication or has established and retained a right

by virtue of continuous right in the public under Texas common law.

(b)AAThe public, individually and collectively, has an

unrestricted right to use and a right of ingress to and egress from

a public beach. The right granted by this subsection is dedicated as

a permanent easement in favor of the public.

(c)AAThe legislature may enact laws to protect the right of

the public to access and use a public beach and to protect the

public beach easement from interference and encroachments.

(d)AAThis section does not create a private right of

enforcement.

(Added Nov. 3, 2009.)