Texas Almanac, 1949-1950 Page: 49
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Text of State
(Revised to include all amendments voted
through Jan. 1, 1949, with notes on all amend-
ments submitted by Fifty-first Legislature to be
voted on, Nov. 8, 1949. See Page 48.)
Humbly invoking the blessings of Almighty
God, the people of the State of Texas do
ordain and establish this Constitution.
ARTICLE I.-BILL OF RIGHTS.
That the general, great and essential prin-
ciples of liberty and free government may be
recognized and established, we declare:
Sec. 1. Texas Free and Independent.-
Texas is a free and independent State, sub-.
ject only to the Constitution of the United
tates, and the maintenance of our free in-
stitutions and the perpetuity of the Union
depend up on the preservation of the right of
local self-government, unimpaired to all the
Sec. 2. All Political Power Is Inheret in
the People.-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, sub-
ject 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. 3. All Free Men Have Equal Rights.-
All free men, when they form a social com-
pact, have equal rights, and no man, or set
of men, is entitled to exclusive separate
public emoluments or privileges but in con-
sideration of public services.
Sec. 4. There Shall Be No Religious Test
for Office.-No religious test shall ever be
required as a qualification to any office or
public trust in this State; nor shall anyone
be excluded from holding office on account
of his religious sentiments, provided he ac-
knowledge the existence of a Supreme Being.
Sec. 5. How Oaths Shall Be Administered.-
No person shall be disqualified to give evi-
dence in any of the courts of this State on
account of his religious opinions, or for want
of any religious belief, but all oaths or af-
firmations shall be administered in the mode
most binding upon the conscience, and shall
be taken subject to the pains and penalties
Sec. 6. Freedom in Religious Worship
Guaranteed.-All men have a natural and in-
defeasible right to worship Almighty God
according to the dictates of their own con-
sciences. No man shall be compelled to at-
tend, erect or support any place of worship,
or to maintain any ministry against his con-
sent. 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. 7. No Appropriation for Sectarian
Purposes.-No money shall be appropriated
or drawn from the reasury for the benefit
of any sect, or religious society, theological
or religious seminary, nor shall property be-
longing to the state be appropriated for any
Sec. 8. Liberty of Speech and Press Guar.-
anteed; Libel.-Every person shall be at lib-
erty 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 capac-
ity, 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 eases.
Sec. 9. No Unreasonable Seizures and
Searches Allowed.-The people shall be se-
cure 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. 10. Right of Accused Persons in Crim.
inal Prosecutions.-In all criminal prosecu-
tions 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 proc-
ess for obtaining witnesses in his favor, ex-
cept that when the witness resides out of the
State and the offense charged is a violation
of any of the antitrtst laws of this State,
the defendant and the State shall have the
right to produce and have the evidence ad-
mitted by deposition, under such rules and
laws as the Legislature may hereafter pro-
vide; and no person shall be held to answer
for a criminal offense. unless on an indict-
ment of a grand jury, except in cases in
which the punishment is by tine or impris-
onment, otherwise than in the penitentiary:
in cases of impeachment and in cases aris-
ing in the army or navy, or in the militia.
when in actual service in time of war or
[Note.-The foregoing is an amended section.
the amendment consisting of the addition of that
clause relating to depositions of witnesses resi-
dent outside of the state in antitrust suits. Sub-
mitted by Thirty-Fifth Legislature (1917) and
adopted at election on Nov. 5. 1918.]
Sec. 11. Bail.-All prisoners shall be bail-
able 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.
See. 12. The Writ of HaDeas Corpus.-The
writ of habeas corpus is s writ of right, and
shall never be suspended. The Legislature
shall enact laws to render the remedy speedy
Sec. 13. Excessive Bail and Fine and Un.
usual Punishment Prohibited; Courts Open.-
Excessive ball shall not be required, nor ex-
cessive 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. 14. No Person Shall Be Put Twice in
Jeopardy.-No person. for the same offense.
shall be twice put in jeopardy of life or lib-
erty, nor shall a person be again put upon
trial for the same offense after a verdict of
not guilty in a court of competent jurisdic-
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Texas Almanac, 1949-1950, book, 1949; Dallas, Texas. (texashistory.unt.edu/ark:/67531/metapth117167/m1/51/: accessed July 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.