Texas Almanac, 1947-1948 Page: 84
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84 TEXAS ALMANAC -1947-1948
Article XVI.-(Continued.)
Navy and Marine Corps, unless otherwise
specially provided herein. Provided, that
nothing in this Constitution shall be con-
strued to prohibit an officer, or enlisted man
of the National Guard, the National Guard
Reserve, or an officer in the Officers' Re-
serve Corps of the United States, or an en-
listed man in the Organized Reserves of the
United States, or retired officers of the
United States Army, Navy and Marine Corps,
and the retired warrant officers and retired
enlisted men of the United States Army,
Navy and Marine Corps from holding in con-
junction with such office any other office
or position of honor, trust or profit, under
this State, or the United States, or from
voting at any election, general, special or pri-
mary, in this State when otherwise qualified.
[Note.-The foregoing Sec. 40 of Art. XVI has
been amended twice, as follows: (1) To release
National Guard, National Guard Reserve and
Officers' Reserve Corps and United States Organ-
ized Reserves from the prohibition against hold-
ing remunerative office. Submitted by Thirty-
Ninth Legislature (1925), and adopted in an
election Nov. 2, 1926 Proclaimed Jan. 20, 1927.
(2) To add to those released from the prohibition
against holding remunerative office all retired
officers and enlisted men of the United States
Army, Navy and Marine Corps Submitted by
Forty-Second Legislature (1931) and adopted in
an election Nov. 8, 1932. Proclaimed Jan. 9,
1933.
See. 41. Bribery of Certain Officials to Be
Prohibited.-Any person who shall, directly
or indirectly, offer, give or promise any
money or thing of value, testimonial, privi-
lege or personal advantage to any executive
or Judicial officer or member of the Legis-
lature, to influence him in the performance
of any of his public or official duties, shall
be guilty of bribery and be punished in such
manner as shall be provided by law. And any
member of the Legislature, or executive or
Judicial officer, who shall solicit, demand or
receive, or consent to receive, directly or in-
directly, for himself or for another, from
any company, corporation or person, any
money, appointment, employment testimonial,
reward, thing of value or employment, or of
ersonal advantage or promise thereof, for
is vote or official influence, or for with-
holding the same, or with any understanding,
expressed or implied, that his vote or official
action shall be in any way influenced there-
by, or who shall solicit, demnd and receive
any such money or other advantage, matter
or thing aforesaid, f or another, as the con-
sideration of his vote or official influence,
In consideration of the payment or promise
of such money, advantage, matter or thing
to another, shall be held guilty of bribery
within the meaning of the Constitution, and
shall incur the disabilities provided for said
offenses, with a forfeiture of the office they
may hold, and such other additional punish-
ment as is or shall be provided by law.
Sec. 42. Legislature May Provide for In-
ebriate Asylum.-The Legislature may estab-
lish an inebriate asylum for the cure of
drunkenness and the reform of inebriates.
Sec. 43. No Exemption From Public Service.
-No man or set of men shall ever be ex-
empted, relieved or discharged from the per-
formance of any public duty or service im-
posed by general law, by any special law.
Exemptions from the performance of such
public duty or service shall only be made by
general law.
Sec. 44. County Treasurer and Surveyor.-
The Legislature shall prescribe the duties,
and provide for the election, by the qualified
voters of each county in this State. of a
County Treasurer and a County Surveyor,
who shall have an office at the county seat,
and hold their office for two years, and until
their successors are qualified, and shall havesuch compensation as may be provided by
law.
Sec. 45. Records of the History of Texas.-
It shall be the duty of the Legislature to
provide for collecting, arranging and safely
keeping such records, rolls, correspondence
and other documents, civil and military, re-
lating to the history of Texas as may be
now in the possession of parties willing to
confide them to the care and preservation
of the State.
Sec 46. Militia to Be Organized.-The Leg-
islature shall provide by law for organizing
and disciplining the militia of the State, in
such manner as they shall deem expedient,
not incompatible with the Constitution and
laws of the United States.
Sec. 47. Scruples Against Bearing Arms.-
Any person who conscientiously scruples to
bear arms shall not be compelled to do so,
but shall pay an equivalent for personal
service.
Sec. 48. Laws to Remain in Force.-All laws
and parts of laws now in force in the State
of Texas which are not repugnant to the
Constitution of the United States or to this
Constitution shall continue and remain In
force as the laws of this State until they
expire by their own limitation or shall be
amended or repealed by the Legislature.
Sec. 49. Exemptions From Forced Sales.-
The Legislature shall have power, and it shall
be its duty, to protect by law from forced
sale a certain portion of the personal property
of all heads of families, and also of unmar-
ried adults, male and female.
Sec. 50. Homestead Exemptions; Incum-
brances; Pretended Sales.-The homestead of
a family shall be, and is hereby, protected
from forced sale for the payment of all debts,
except for the purchase money thereof' or a
part of such purchase money, the taxes due
thereon, or for work and material used in
constructing improvements thereon, and in
this last case only when the work and mate-
rial are contracted for in writing, with the
consent of the wife given in the same manner
as is required in making a sale and convey-
ance of the homestead; nor shall the owner,
if a married man, sell the homestead without
the consent of the wife, given in such manner
as may be prescribed by law. No mortgage,
trust deed or other lien on the homestead
shall ever be valid except for the purchase
money therefor, or improvements made there-
on, as hereinbefore provided, whether such
mortgage or trust deed or other lien shall
have been created by the husband alone or
together with his wife; and all pretended
sales of the homestead involving any condi-
tion of defeasance shall be void.
Sec. 51. Homestead Defined.-The home-
stead not in a town or city shall consist of
not more than 200 acres of land, which may
be in one or more parcels, with the improve-
ments thereon, the homestead in a city, town
or village shall consist of lot or lots, not to
exceed in value $5,000 at the time of their
designation as the homestead, without refer-
ence to the value of any improvements
thereon; provided, that the same shall be
used for the purposes of a home, or as a
place to exercise the calling or business of
the head of the family; provided, also, that
any temporary renting of the homestead shall
not change the character of the same, when
no other homestead has been acquired.
Sec. 52. Descent of Homestead.-On the
death of the husband or wife, or both, the
homestead shall descend and vest in like
manner as other real property of the de-
ceased, and shall be governed by the same
laws of descent and distribution, but it shall
not be partitioned among the heirs of the
deceased during the lifetime of the surviving
husband or wife, or so long as the survivor
may elect to use or occupy the same as a
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/86/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.