THE CONSTITUTION OF THE STATE OF TEXAS

     That the general, great and essential principles of liberty and free government may be

recognized and established, we declare:

     Sec. 1.  FREEDOM AND SOVEREIGNTY OF STATE.  Texas is a free and independent

State, subject only to the Constitution of the United States, and the maintenance of our free

institutions and the perpetuity of the Union depend upon the preservation of the right of local

self-government, unimpaired to all the States.

     Sec. 2.  INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT.

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 preservatio

of a republican form of government, and, subject 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.  EQUAL RIGHTS.  All free men, when they form a social compact, have equal rights,

and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but i

consideration of public services.

     Sec. 3a.  EQUALITY UNDER THE LAW.  Equality under the law shall not be denied or

abridged because of sex, race, color, creed, or national origin.  This amendment is self-operative.

(Added Nov. 7, 1972.)

     Sec. 4.  RELIGIOUS TESTS.  No religious test shall ever be required as a qualification to

any office, or public trust, in this State; nor shall any one be excluded from holding office on account

of his religious sentiments, provided he acknowledge the existence of a Supreme Being.

     Sec. 5.  WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS AND

AFFIRMATIONS.  No person shall be disqualified to give evidence in any of the Courts of this

State on account of his religious opinions, or for the want of any religious belief, but all oaths or

affirmations shall be administered in the mode most binding upon the conscience, and shall be take

subject to the pains and penalties of perjury.

     Sec. 6.  FREEDOM OF WORSHIP.  All men have a natural and indefeasible right to worship

Almighty God according to the dictates of their own consciences.  No man shall be compelled to

attend, erect or support any place of worship, or to maintain any ministry against his consent.  No

human authority ought, in any case whatever, to control or interfere with the rights of conscience i

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.  APPROPRIATIONS FOR SECTARIAN PURPOSES.  No money shall be

appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological

or religious seminary; nor shall property belonging to the State be appropriated for any such

purposes.

     Sec. 8.  FREEDOM OF SPEECH AND PRESS; LIBEL.  Every person shall be at liberty 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 capacity, or whe

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 cases.

     Sec. 9.  SEARCHES AND SEIZURES.  The people shall be secure 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. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS.  In all criminal

prosecutions 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

process for obtaining witnesses in his favor, except that when the witness resides out of the State and

the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the

State shall have the right to produce and have the evidence admitted by deposition, under such rules

and laws as the Legislature may hereafter provide; and no person shall be held to answer for a

criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment

is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases

arising in the army or navy, or in the militia, when in actual service in time of war or public danger.

(Amended Nov. 5, 1918.)

     Sec. 11.  BAIL.  All prisoners shall be bailable 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.

     Sec. 11a.  MULTIPLE CONVICTIONS; DENIAL OF BAIL.

(a) Any person (1) accused of a felony less than capital in this State, who has been theretofore twice

convicted of a felony, the second conviction being subsequent to the first, both in point of time of

commission of the offense and conviction therefor, (2) accused of a felony less than capital in this

State, committed while on bail for a prior felony for which he has been indicted, (3) accused of a

felony less than capital in this State involving the use of a deadly weapon after being convicted of

a prior felony, or (4) accused of a violent or sexual offense committed while under the supervisio

of a criminal justice agency of the State or a political subdivision of the State for a prior felony, after

a hearing, and upon evidence substantially showing the guilt of the accused of the offense in (1) or

(3) above, of the offense committed while on bail in (2) above, or of the offense in (4) above

committed while under the supervision of a criminal justice agency of the State or a political

subdivision of the State for a prior felony, may be denied bail pending trial, by a district judge in this

State, if said order denying bail pending trial is issued within seven calendar days subsequent to the

time of incarceration of the accused; provided, however, that if the accused is not accorded a trial

upon the accusation under (1) or (3) above, the accusation and indictment used under (2) above, or

the accusation or indictment used under (4) above within sixty (60) days from the time of his

incarceration upon the accusation, the order denying bail shall be automatically set aside, unless a

continuance is obtained upon the motion or request of the accused; provided, further, that the right

of appeal to the Court of Criminal Appeals of this State is expressly accorded the accused for a

review of any judgment or order made hereunder, and said appeal shall be given preference by the

Court of Criminal Appeals.

     (b)  In this section:

     (1)  "Violent offense" means:

     (A)  murder;

     (B)  aggravated assault, if the accused used or exhibited a deadly weapon during the

commission of the assault;

     (C)  aggravated kidnapping; or

     (D)  aggravated robbery.

     (2)  "Sexual offense" means:

     (A)  aggravated sexual assault;

     (B)  sexual assault; or

     (C)  indecency with a child.  (Added Nov. 6, 1956; amended Nov. 8, 1977; Subsec. (a)

amended and (b) added Nov. 2, 1993.)

     Sec. 12.  HABEAS CORPUS.  The writ of habeas corpus is a writ of right, and shall never

be suspended.  The Legislature shall enact laws to render the remedy speedy and effectual.

     Sec. 13.  EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT;

REMEDY BY DUE COURSE OF LAW.  Excessive bail shall not be required, nor excessive 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.  DOUBLE JEOPARDY.  No person, for the same offense, shall be twice put i

jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense, after a

verdict of not guilty in a court of competent jurisdiction.

     Sec. 15.  RIGHT OF TRIAL BY JURY.  The right of trial by jury shall remain inviolate.

The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its

purity and efficiency.  Provided, that the Legislature may provide for the temporary commitment,

for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a

period of time not to exceed ninety (90) days, by order of the County Court without the necessity

of a trial by jury.  (Amended Aug. 24, 1935.)

     Sec. 15-a.  COMMITMENT OF PERSONS OF UNSOUND MIND.  No person shall be

committed as a person of unsound mind except on competent medical or psychiatric testimony.  The

Legislature may enact all laws necessary to provide for the trial, adjudication of insanity and

commitment of persons of unsound mind and to provide for a method of appeal from judgments

rendered in such cases.  Such laws may provide for a waiver of trial by jury, in cases where the

person under inquiry has not been charged with the commission of a criminal offense, by the

concurrence of the person under inquiry, or his next of kin, and an attorney ad litem appointed by

a judge of either the County or Probate Court of the county where the trial is being held, and shall

provide for a method of service of notice of such trial upon the person under inquiry and of his right

to demand a trial by jury.  (Added Nov. 6, 1956.)

     Sec. 16.  BILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE LAWS;

IMPAIRING OBLIGATION OF CONTRACTS.  No bill of attainder, ex post facto law, retroactive

law, or any law impairing the obligation of contracts, shall be made.

     Sec. 17. TAKING, DAMAGING, OR DESTROYING PROPERTY FOR PUBLIC USE;

SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES.

No person's property shall be taken, damaged or destroyed for or applied to public use without

adequate compensation being made, unless by the consent of such person; and, when taken, except

for the use of the State, such compensation shall be first made, or secured by a deposit of money;

and no irrevocable or uncontrollable grant of special privileges or immunities, shall be made; but all

privileges and franchises granted by the Legislature, or created under its authority shall be subject

to the control thereof.

     Sec. 18.  IMPRISONMENT FOR DEBT.  No person shall ever be imprisoned for debt.     Sec. 19.  DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW.  No citize

of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner

disfranchised, except by the due course of the law of the land.

     Sec. 20.  OUTLAWRY OR TRANSPORTATION FOR OFFENSE.  No citizen shall be

outlawed.  No person shall be transported out of the State for any offense committed within the

same.  This section does not prohibit an agreement with another state providing for the confinement

of inmates of this State in the penal or correctional facilities of that state.  (Amended Nov. 5, 1985.)

     Sec. 21.  CORRUPTION OF BLOOD; FORFEITURE; SUICIDES.  No conviction shall

work corruption of blood, or forfeiture of estate, and the estates of those who destroy their own lives

shall descend or vest as in case of natural death.

     Sec. 22.  TREASON.  Treason against the State shall consist only in levying war against it,

or adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treaso

except on the testimony of two witnesses to the same overt act, or on confession in open court.

     Sec. 23.  RIGHT TO KEEP AND BEAR ARMS.  Every citizen shall have the right to keep

and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by

law, to regulate the wearing of arms, with a view to prevent crime.

     Sec. 24.  MILITARY SUBORDINATE TO CIVIL AUTHORITY.  The military shall at all

times be subordinate to the civil authority.

     Sec. 25.  QUARTERING SOLDIERS IN HOUSES.  No soldier shall in time of peace be

quartered in the house of any citizen without the consent of the owner, nor in time of war but in a

manner prescribed by law.

     Sec. 26. PERPETUITIES AND MONOPOLIES; PRIMOGENITURE OR ENTAILMENTS.

Perpetuities and monopolies are contrary to the genius of a free government, and shall never be

allowed, nor shall the law of primogeniture or entailments ever be in force in this State.

     Sec. 27.  RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES.  The

citizens shall have the right, in a peaceable manner, to assemble together for their common good;

and apply to those invested with the powers of government for redress of grievances or other

purposes, by petition, address or remonstrance.

     Sec. 28.  SUSPENSION OF LAWS.  No power of suspending laws in this State shall be

exercised except by the Legislature.

     Sec. 29.  PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF

GOVERNMENT; TO FOREVER REMAIN INVIOLATE.  To guard against transgressions of the

high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of

the general powers of government, and shall forever remain inviolate, and all laws contrary thereto,

or to the following provisions, shall be void.

     Sec. 30.  RIGHTS OF CRIME VICTIMS.  (a) A crime victim has the following rights:

     (1)  the right to be treated with fairness and with respect for the victim's dignity and

privacy throughout the criminal justice process; and

     (2)  the right to be reasonably protected from the accused throughout the criminal justice

process.

     (b)  On the request of a crime victim, the crime victim has the following rights:

     (1)  the right to notification of court proceedings;

     (2)  the right to be present at all public court proceedings related to the offense, unless the

victim is to testify and the court determines that the victim's testimony would be materially affected

if the victim hears other testimony at the trial;

     (3)  the right to confer with a representative of the prosecutor's office;

     (4)  the right to restitution; and

     (5)  the right to information about the conviction, sentence, imprisonment, and release of

the accused.

     (c)  The legislature may enact laws to define the term "victim" and to enforce these and

other rights of crime victims.

     (d)  The state, through its prosecuting attorney, has the right to enforce the rights of crime

victims.

     (e)  The legislature may enact laws to provide that a judge, attorney for the state, peace

officer, or law enforcement agency is not liable for a failure or inability to provide a right

enumerated in this section.  The failure or inability of any person to provide a right or service

enumerated in this section may not be used by a defendant in a criminal case as a ground for appeal

or post-conviction writ of habeas corpus.  A victim or guardian or legal representative of a victim

has standing to enforce the rights enumerated in this section but does not have standing to participate

as a party in a criminal proceeding or to contest the disposition of any charge.  (Added Nov. 7,

1989.)

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