Texas Almanac, 1947-1948 Page: 82
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82 TEXAS ALMANAC -1947-1948.
provided, further, that no cause of action
eretofore barred shall be revived.
Sec. 19. Qualifications of Jurors.-The Leg-
islature shall prescribe by law the qualifica-
tions of grand and petit jurors.
Sec. 20. Manufacture and Sale of Intoxi-
cants.-(a) The open saloon shall be and is
hereby prohibited. The Legislature shall have
the power, and it shall be its duty to define
the term "open saloon" and enact laws
Subject to the foregoing, the Legislature
shall have the power to regulate the manu-
facture, sale, possession and transportation
of intoxicating liquors, including the power
to establish a State monopoly on the sale of
(b) The Legislature shall enact a law or
laws where i the qualified voters of any
county, justice's precinct or incorporated
town or city may, by a majority vote of those
voting, determine from time to time whether
the sale of intoxicating liquors for beverage
purposes shall be prohibited or legalized
within the prescribed limits, and such laws
shall contain provisions for voting on the
sale of intoxicating liquors of various types
and various alcoholic content.
(c) In all counties, justice's precincts or
incorporated towns or cities where the sale of
intoxicating liquors had been prohibited by
local option elections held under the laws of
the State of Texas and in force at the time
of the taking effect of Section 20, Article XVI
of the Constitution of Texas, it shall continue
to be unlawful to manufacture, sell, barter
or exchange in any such county, justice's
precinct or incorporated town or city, any
spiritous, vinous or malt liquors or medicated
bitters capable of producing intoxication or
any other intoxicants whatsoever, for bever-
age purposes, unless and until a majority of
the qualified voters in such county or politi-
cal subdivision thereof voting in an election
held for such purpose shall determine such
to be lawful; provided that this subsection
shall not prohibit the sale of alcoholic bev-
erages containing not more than 3 2 per cent
alcohol by weight in cities, counties or politi-
cal subdivisions thereof in which the qualified
voters have voted to legalize such sale under
the provisions of Chapter 116, Acts of the
Regular Session of the Forty-Third Legisla-
[Note.-The foregoing Sec. 20 of Art XVI has
been amended from the original (which merely
provided for local option elections in "any county,
justice's precinct, town or city") four tunes, as
follows: (1) To insert a clause in original section
"or such subdivision of a county as may be des-
ignated by Commissioners' Court of said county,"
with reference to local option elections. Submitted
by Twenty-Second Legislature (1891), ratified in
an election Aug 11, 1891, and declared adopted
Sept. 22, 1891. (2) To declare state-wide prohibi-
tion. Submitted by Thirty-Sixth Legislature (1919),
and declared adopted May 24, 1919 (3) To legal-
ize sale of vinous and malt liquors of not more
than 3.2 per cent alcohol Submitted by the Forty-
Third Legislature (1933), and adopted in an
election Aug. 26, 1933. (4) Legalizing sale of all
liquors, as stated in the section printed above.
Submitted by the Forty-Fourth Legislature (1935),
and adopted in an election Aug. 24, 1935.1
Sec. 21. Stationery; Public Printing.-All
stationery and printing, except proclamations
and such printing as may be done at the Deaf
and Dumb Asylum, paper and fuel used in
the legislative and other departments of the
government, except the judicial department,
shall be furnished and the printing and bind-
ing of the laws, journals and department
reports and all other printing and binding,
and the repairing and furnishing the hails
and rooms used for the meetings of the Leg-
islature and its committees, shall be per-
formed under contract, to be given to the
lowest responsible bidder, below such maxi-
mum price and under such regulations as
shall be prescribed by law. No member or
officer of any department of the government
shall be in any way interested in such con-
tract; and all such contracts shall be subject
to the approval of the Governor, Secretary of
State and Comptroller.
Sec. 22. Fence Laws.-The Legislature
shall have the power to pass such fence laws,
applicable to any subdivision of the State
or county, as may be needed to meet the
wants of the people.
Sec. 23. Stock Laws.-The Legislature may
pass laws for the regulation of livestock 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 for the in-
spection of cattle, stock and hides, and for
the regulation of brands; provided, that any
local law thus passed shall be submitted to
the freeholders of the section to be affected
thereby, and approved by them before it
shall go into effect.
Sec. 24. Roads; Convict Labor.-The Legis-
lature shall make provision for laying out
and working public roads, for the building
of bridges, and for utilizing fines, forfeitures,
and convict lbor to all these purposes.
Sec. 25. Dr wbacks and Rebates in Freight
Insurance, Transportation, Storage, Etc.,
Prohibited.-That all drawbacks and rebate-
ment 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 or contracted
for to any common carrier, shipper, mer-
chant, commission merchant, factor, agent or
middleman of any kind not the true and
absolute owner thereof are forever prohibit-
ed, and it shall be the duty of the Legislature
to pass effective laws punishing all persons
in this State who pay, receive or contract for
or respecting the same.
Sec. 26. Homicide: Civil Action For.-Every
person, corporation or company that may
commit a homicide, through willful act or
omission or gross neglect, shall be responsible
in exemplary damages to the surviving hus-
band, widow, heirs of his or her body, or
such of them as there may be, without
regard to any criminal proceeding that may
or may not be had in relation to the homicide.
Sec. 27. Vacancies in Offices for Unexpired
Terms Only.-In all elections to fill vacancies
of office in this State, it shall be to fill the
unexpired term only.
Sec. 28. Wages Exempt From Garnishment.
-No current wages for personal service shall
ever be subject to garnishment.
Sec. 29. Barratry to Be Prohibited.-The
Legislature shall provide by law for defining
and punishing barratry.
Sec. 30. Duration of Offices; Term of Rail-
road Commissioner.-The duration of all of-
fices not fixed by th's Constitution shall
never exceed two years; provided, that when
a Railroad Commission is created by law it
shall be composed of three Commissioners,
who shall be elected by the people at a gen-
eral election for state officers, and their term
of office shall be six years; provided, Rail-
road Commissioners first elected after this
amendment goes into effect shall hold office
as follows: One shall serve two years and
one four years, and one six years, their
terms to be decided by lot, immediately
after they shall have qualified. And one Rail-
road Commissioner shall be elected every two
years thereafter In case of vacancy in said
office, the Golernor of the State shall fill
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (texashistory.unt.edu/ark:/67531/metapth117136/m1/84/: accessed January 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.