Texas Almanac, 1947-1948 Page: 54
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TEXAS ALMANAC.-1947-1948
Article II.-(Continued.)
Sec. 11. Rules: Power to Punish and Expel.
-Each house may determine the rules of its
own proceedings, punish members for dis-
orderly conduct, and, with the consent of
two thirds, expel a member, but not a sec-
ond time for the same offense
Sec. 12. Journal: Yeas and Nays.-Each
house shall keep a journal of its proceedings,
and publish the same, and the yeas and nays
of the members of either house on any ques-
tion shall at the desire of any three members
present, be entered on the journals.
Sec. 13. Vacancies How Filled.-When va-
cancies occur in either house, the Governor,
or the person exercising the power of the
Governor, shall issue writs of election to fill
such vacancies, and should the Governor fail
to issue a writ of election to fill any such
vacancy within twenty days after it occurs,
the returning officer of the district in which
such vacancy may have happened shall be
authorized to order an election for that
purpose.
Sec. 14 Members of Legislature Privileged
From Arrest.-Senators and Representatives
shall, except in cases of treason, felony or
breach of the peace, be privileged from ar-
rest during the session of the Legislature,
and in going to or returning from the same,
allowing one day for e ery twenty miles
such member may reside from the place at
which the Legislature is convened
See 15 Each House May Punish Disor.
derly Conduct.-Each house may punish, by
imprisonment, during its sessions, any person
not a member for disrespectful or disorderly
conduct in its presence, or for obstructing
any of its proceedings, provided, such im-
prisonment shall not, at any one time, exceed
forty-eight hours.
Sec. 16 Sessions to Be Open.-The sessions
of each house shall be open except the
Senate when in executive session
Sec. 17. Adjournments.-Neither house
shall, without the consent of the other, ad-
journ for more than three days, nor to any
other place than that where the Legislature
may be sitting
Sec. 18 Ineligibility of Members to Certain
Offices; Not to Be Interested in Contracts.-
No Senator or Representative shall, during
the term for which he may be elected, be
eligible to any civil office of profit under this
state which shall have been created, or the
emoluments of which may have been in-
creased during such term, no member of
either house shall, during the term for which
he is elected, be eligible to any office or
place, the appointment to which may be
made, in whole, or in part, by either branch
of the Legislature, and no member of either
house shall vote for any other member for
any office whatever which may be filled by
a vote of the Legislature, except in such
cases as are in this Constitution provided
Nor shall any member of the Legislature be
interested, either directly or indirectly. in
any contract with the state, or any county
thereof, authorized by any law passed during
the term for which he shall have been
elected.
Sec 19. What Officers Ineligible to Mem-
bership in Legislature.-No Judge of any
court, Secretary of State. Attorney General,
clerk of any court of record, or any person
holding a lucrative office under the United
States, or this State, or any foreign govern-
ment, shall, during the term for which he is
elected or appointed, be eligible to the Leg-
islature
Sec. 20. Receivers or Disbursers of Public
Funds Not Eligible to Membership in the
Legislature Until Discharge Received.-No
person who at any time may have been a
collector of taxes or who may have been
otherwise entrusted with public money, shall
be eligible to the Legislature, or to anyoffice of profit or trust under the State Gov-
ernment, until he shall have obtained a
discharge for the amount of such collections,
or for all public moneys with which he may
have been entrusted.
Sec. 21 Freedom in Debate.-No member
shall be questioned in any other place for
words spoken in debate in either house.
Sec. 22 Personal Interest in Measure or
Bill.-A member who has a personal or pri-
vate Interest in any measure or bill, proposed
or pending before the Legislature, shall dis-
close the fact to the house of which he is a
member, and shall not vote thereon.
Sec 23 Removal Vacates Office.-If any
Senator or Representative remove his resi-
dence from the district or county for which
he was elected, his offioe shall thereby be-
come vacant, and the vacancy shall be filled
as provided in Sec. 13 of this article.
Sec 23-a. The Legislature is authorized to
appropriate so much money as may be nec-
essary, not to exceed seventy-five thousand
($75,000) dollars, to pay claims incurred by
John Tarleton Agricultural College for the
construction of a building on the campus of
such college pursuant to deficiency authoriza-
tion by the Governor of Texas on Aug 31.
1937
[Note -Sec. 23-a of Art. III is an added
amendment to provide for payment of a con-
tractor whose contract had been annulled. Sub-
mitted by Forty-Ninth Legislature (1845), and
ratified in election Nov. 5, 1946 1
Sec. 24. Mileage and Per Diem.-Members
of the Legislature shall receive from the
Public Treasury a per diem of not exceeding
$10 per day for the first 120 days of each
session and after that not exceeding $5 per
day for the remainder of the session. In addi-
tion to the per diem the members of each
house shall be entitled to mileage in going to
and returning from the seat of government,
which mileage shall not exceed $2.50 for every
twenty-five miles, the distance to be comput-
ed by the nearest and most direct route of
travel, from a table of distance prepared by
the Comptroller, to each county seat now or
hereafter to be established, no member to be
entitled to mileage for any extra session that
may be called within one day after the ad-
journment of a regular or called session.
[Note -Sec. 24 of Art III has been amended
once, raising the per diem and decreasing the
mileage It was submitted with the amendment
of Sec 5 of Art III Submitted by Forty-First
Legislature (1929), ratified Nov. 4, 1930.]
Sec 25 Senatorial Districts, How Appor-
tioned.-The State shall be divided into
senatorial districts of contiguous territory
according to the number of qualified electors,
as nearly as may be, and each district shall
be entitled to elect one Senator, and no
single county shall be entitled to more than
one Senator
Sec. 26. Representative district, How Ap-
portioned.-The members of the House of
Representatives shall be apportioned among
the several counties, according to the num-
ber of population In each, as nearly as may
be, on a ratio obtained by dividing the popu-
lation 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 en-
titled 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 representa-
tion, such counties shall be contiguous to
each other, and when any one county has
more than sufficient population to be en-
titled to one or more Representatives, such
Representative or Representatives shall be
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/56/?q=%22oil-gas%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.