Texas Almanac, 1949-1950 Page: 69
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STATE CONSTITUTION. 69
or used for the support of any sectarian
school; and the available school fund herein
provided shall be distributed to the several
counties according to their scholastic popu-
lation and applied in such manner as may be
provided by law.
-Note.-The foregoing Sec. 5 of Art. VII is an
amended section, the provision that "Legislature
may add not exceeding 1 per cent annually of the
total value of the permanent school fund' having
been added. Submitted by Twenty-Second Legis-
lature (1891), ratified in an election Aug. 11,
1891, and declared adopted Sept. 22, 1891.]
Sec. 6. County School Lands; Limitations;
Settlers; Proceeds.-All lands heretofore or
hereafter granted to the several counties of
this State for educational purposes are of
right the property of said counties respec-
tively to which they were granted, and title
thereto is vested in said counties. and no
adverse possession or limitation shall ever be
available against the title of any county.
Each county may sell or dispose of its lands
in whole or in part, in manner to be provided
by the Commissioners' Court of the county.
Actual settlers residing on said land shall be
protected in the prior right of purchasing
the same to the extent of their settlement,
not to exceed 160 acres, at the price fixed by
-said court, which price shall not include the
value of existing improvements made thereon
by such settlers. Said lands, and the proceeds
thereof, when sold, shall be held by said
counties alone as a trust for the benefit of
public schools therein; said proceeds to be
nvested in bonds of the United States, the
State of Texas, or counties in said State, or
in such other securities and under such re-
strictions as may be prescribed by law; and
the counties shall be responsible for all in-
vestments, the interest thereon and other
revenue, except the principal, shall be avail-
[Note.-The foregoing Sec. 6 of Art. VII is an
amended section, the amendment authorizing the
investment of money from sale of county public
school lands in securities other than State and
United States bonds (as was required in the orig-
inal section), and making counties responsible for
such investments. Submitted by the Eighteenth
Legislature (1883), ratified in an election Aug. 14,
1883, and declared adopted Sept. 25, 1883.1
Sec. 6-a. Taxation of County School Lands.
-All agriculture or grazing school land men-
tioned in Sec. 6 of this article owned by any
county shall be subjo et to taxation except
for State purposes to the same extent as
lands privately owned.
[Note.-The foregoing See 6-a of Art. VII, an
amendment, was added for the stated purpose of
providing taxation of lands mentioned in Sec. 6.
Submitted by Thirty-Ninth Legislature (1925 .
ratified in an election Nov. 2. 1926, and pro-
claimed Jan. 20, 1927.]
Sec. 7. Schools for White and Colored.-
Separate schools shall be provided for the
white and colored children, and impartial
provision shall be made for both.
Sec. 8. Board of Education; Terms and
Duties.-The Legislature shall provide by law
for a State Board of Education, whose mem-
bers shall be appointed or elected in such
manner and by such authority and shall
serve for such terms as the Legislature shall
prescribe not to exceed six years. The said
Doard shall perform such duties as may be
prescribed by law.
[Note.-The foregoing Sec. 8 of Art. VII is an
amended section, reconstituting the State Board
of Education. The original text provided for a
Board of Education (rJnsisting of Gorernor. Comp-
troller and Secretary of State, serving ex officio.
Submitted by Fortieth Legislature (1927); rati-
fied Nov. 6. 1928: proclaimed Feb. 6, 1929.1
Sec. 9. Lands of Asylums; Sale.-All lands
heretofore granted for the benefit of the
lunatic, blind, deaf and dumb, and orphan
asylums, together with such donations as
may have been or may hereafter be made to
either of them, respectively, as indicated in
the several grants, are hereby set apart to
provide a permanent fund for the support.
maintenance and improvement of said asy-
lums. And the Legislature may provide for
the sale of the lands and the investment of
the proceeds in the manner as provided for
the sale and investment of school lands in
Sec. 4 of this article.
Sec. 10. University Lands and Funds.-The
Legislature shall, as soon as practicable.
establish, organize and provide for the main-
tenance, support and direction of a university
of the first class, to be located by a vote of
the people of this State and styled "The Uni-
versity of Texas." for the promotion of litera-
ture and the arts and sciences, including an
agricultural, and mechanical department.
Sec. 11. University Funds; How Invested.-
In order to enable the Legislature to perform
the duties set forth in the foregoing section.
it is hereby declared all lands and other prop-
erty heretofore set apart and appropriated
for the establishment and maintenance of the
University of Texas. together with all the
proceeds of sales of the same, heretofore
made or hereafter to be made, and all grants.
donations and appropriations that may here-
after be made by the State of Texas. or from
any other source, except donations limited
to specific purposes, shall constitute and be-
come a permanent university fund. And the
same as realized and received into the treas-
ury of the State (together with such sums
belonging to the fund, as may now be in the
treasury) shall be invested in bonds of the
United States, the State of Texas. or counties
of said State, or in school bonds of munici-
palities, or in bonds of any city of this State
or in bonds issued under and by virtue of the
Federal Farm Loan Act approved by the
President of the United States July 17, 1916.
and amendments thereto: and the Interest
accruing thereon shall be subject to appro-
priation by the Legislature to accomplish the
purpose declared in the foregoing section:
provided, that the one tenth of the alternate
sections of the lands granted to railroads
reserved by the State, which were set apart
and appropriated to the establishment of the
University of Texas. by an act of the Legisla-
ture of Feb. 11. 1858. entitled "An act to
establish the University of Texas." shall not
be included in. or constitute a part of, the
permanent university fund.
[Note.-The foregoing Sec. 11 of Art. VII has
been twice amended as follows: (1) Adding a
clause giving the Board of Regents of the Uni-
versity of Texas latitude in expending part of the
permanent fund for buildings. Submitted by the
Forty-First Legislature (1929): ratified Nov. 4.
1930. (2) Eliminating this latitude allowed the
Board of Regents and restoring the original pro-
visions of the Constitution which limited invest-
ments to bonds of the United States, State or civil
subdivisions. This last amendment added also the
clause "except donations limited to specific our-
poses." Submitted by Forty-Second Legislature
(1931): adopted Nov. 8. 1932. Proclaimed Jan. 9.
Sec. 12. Lands to Be Sold; No Relief of
Purchasers.-The land herein set apart to the
university fund shall be sold under such regu-
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Texas Almanac, 1949-1950, book, 1949; Dallas, Texas. (texashistory.unt.edu/ark:/67531/metapth117167/m1/71/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.