Texas Almanac, 1949-1950 Page: 85
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STATE CONSTITUTION. 85
shall hold or exercise, at the same time,
more than one civil office of emolument,
except that of Justice of the Peace. County
Commissioner, notary public and postmaster.,
officer of the National Guard, the National
Guard Reserve and the Officers' Reserve
Corps of the United States, and enlisted men
of the National Guard, the National Guard
Reserve and the Organized Reserves of the
United States, and 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,
Navo and Marine Corps, unless otherwise
specially provided herein. Provided, that
nothing in this Constitution shall be con-
strue to prohibit an officer, or enlisted man
of te National Guard,. the National Guard
Rese ve, or an officer in the Officers' Re-
serv Corps of the United States. or an en-
liste 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, Natibnal Guard Reserve and
Officers' Reserve Corps and United States Organ-
izeda 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.
Sec. 41. Bribery of Certain Officials to Be
Prohiblted.-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 thb 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
personal advantage or promise thereof, for
his 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, demand and receive
any such money or other advantage, matter
or thing aforesaid, for 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
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 have
such compensation as may be provided by
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 conscentiously scruples to
bear arms shall not be compelled to do so,
but shall pay an equivalent for personal
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
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Texas Almanac, 1949-1950, book, 1949; Dallas, Texas. (texashistory.unt.edu/ark:/67531/metapth117167/m1/87/: accessed April 24, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.