Texas Almanac, 1947-1948 Page: 80
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80 TEXAS ALMANAC.-1947-1948.
Article XIV.-(Continued.); Articles XV and
shall not hereafter be alienated, in conform-
ity with the terms of their charters, and the
laws under which the grants were made, are
hereby declared forfeited to the State, and
subject to pre-emption, location and survey.,
as other vacant lands. All lands heretofore
granted to said railroad companies to which
no forfeiture was attached, on their failure
to alienate, are not included in the foregoing
clause, but in all such last named cases it
shall be the duty of the Attorney General,
in every instance where alienations have been
or hereafter may be made, to inquire into
the same, and if such alienation has been
made in fraud of the rights of the State, and
is colorable only, the real and beneficial in-
terest being still in such corporation, to
institute legal proceedings in the county
where the seat of government is situated, to
forfeit such lands to the State, and if such
alienation be judicially ascertained to be
fraudulent and colorable as aforesaid, such
lands shall be forfeited to the State and be-
come a part of the vacant public domain,
liable to pre-emption, location and survey.
Sec. 6. Grants to Heads of Families and
Single Men.-To every head of a family with-
out a homestead there shall be donated 160
acres of public land, upon condition that he
will select and locate said land, and occupy
the same three years, and pay the office fees
due thereon. To all single men of 18 years
of age and upwards shall be donated eighty
acres of public land, upon the terms and con-
ditions prescribed for heads of families.
Sec. 7. Mines and Minerals Released to
Owners of the Soil.-The State of Texas
hereby releases to the owner or owners of
the soil all mines and minerals that may be
on the same, subject to taxation as other
property.
Sec. 8. Time Extended to Comply With Act
of 1870.-Persons residing between the Nueces
River and the Rio Grande and owning grants
for lands which emanated from the Govern-
ment of Spain, or that of Mexico, which
grants have been recognized and validated
by the State, by acts of the Legislature,
approved Feb. 10, 1852; Aug. 15, 1870, and
other acts, and who have been prevented from
complying with the requirements of said acts
by the unsettled condition of the country,
shall be allowed until the 1st day of January,
1880. to complete their surveys and the plots
thereof, and to return their field notes to
the General Land Office; and all claimants
failing to do so shall be fore r barred; pro-
vided, nothing in this section shall be so
construed as to validate any titles not already
valid, or to Interfere with the rights of third
persons.
ARTICLE XV.-IMPEACHMENT.
Sec. 1. Power of impeachment Vested In
the House of Representatives.-The power of
impeachment shall be vested in the Rouse of
Representatives.
Sec. 2. Trial by Senate.-Impeachment of
the Governor, Lieutenant Governor, Attorney
General, Treasurer, Commissioner of the
General Land Office, Comptroller, and the
Judges of the Supreme Court, Courts of
Appeal and District Courts shall be tried by
the Senate.
Sec. 3. Oath of Senators.-When the Senate
is sitting as a court of impeachment, the
Senators shall be on oath, or affirmation,
impartially to try the party impeached, and
no person shall be convicted without the
concurrence of two thirds of the Senators
present
Sec. 4. Judgment; Party Convicted Subject
to Indictment Under the Criminal Laws.-
Judgment in cases of impeachment shall ex-
tend only to removal from office and dis-
qualification from holding any office of
honor, trust or profit under this State. AXVI.
party convicted on impeachment shall also
e subject to indictment, trial and punish-
ment, according to law.
Sec. 5. Officers Suspended During Pending
Proceedings.-All officers against whom arti-
cles of impeachment may be preferred shall
be suspended from the exercise of the duties
of their office during the pendency of such
impeachment. The Governor may make a
provisional appointment to fill the vacancy
occasioned by the suspension of an officer
until the decision on the impeachment.
Sec. 6. Removal of District Judges.-Any
Judge of the District Courts of the State who
is incompetent to discharge the duties of his
office, or who shall be guilty of partiality,
or oppression, or other official misconduct,
or whose habits and conduct are such as to
render him unfit to hold such office, or who
shall negligently fail to perform his duties as
Judge, or who shall fail to execute in a rea-
sonable measure the business in his courts,
may be removed by the Supreme Court. The
Supreme Court shall have original jurisdiction
to hear and determine the causes aforesaid
when presented in writing, upon the oaths,
taken before some Judge of a court of record,
of not less than ten lawyers, practicing in
the courts held by such Judge, and licensed
to practice in the Supreme Court; said pre-
sentment to be founded either upon the
knowledge of the persons making it or upon
the written oaths as to facts of creditable
witnesses. The Supreme Court may issue all
needful process and prescribe all needful
rules to give effect to this section. Causes of
this kind shall have precedence and be tried
as soon as practicable.
Sec. 7. Trial and Removal of Other Officers.
-The Legislature shall provide by law for
the trial and removal from office of all offi-
cers of this State, the modes for which have
not been provided in this Constitution.
Address.
Sec. 8. Removal of Judges of Supreme
Court and Courts of Appeal and of District
Courts.-The Judges of the Supreme Court,
Courts of Appeal and District Courts shall be
removed by the Governor on the address of
two thirds of each house of the Legislature,
for willful neglect of duty, incompetency,
habitual drunkenness, oppression in office,
or other reasonable cause which shall not be
sufficient ground for impeachment; provided,
however that the cause or causes for which
such removal shall be required shall be stated
at length in such address and entered on the
Journals of each house; and provided, further,
that the cause or causes shall be notified to
the Judge so intended to be removed and he
shall be admitted to a hearing in his own
defense before any vote for sudh address
shall pass; and in all such cases the vote
shall be taken by yeas and nays and entered
on the journals of each house, respectively.
ARTICLE XVI.-GENERAL PROVISIONS.
Sec. 1. Official Oath.-Members of the Leg-
islature, and all 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 the
State of Texas, and will to the best of my
ability preserve, protect, and defend the Con-
stitution and laws of the United States and
o; this state; and I furthermore solemnly
swear (or affirm), that I have not, directly
nor indirectly paid, offered, or promised to
pay, contributed, nor promised to contribute
any money, or valuable thing, or promised
any public office or employment, as a re-
ward for the giving or withholding a vote
at the election at which I was elected. So
help me God "
[Note -The foregoing See 1 of Art XVI Nas
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/82/?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.