Article III, Section 38 of the Texas Constitution ("Signing Bills and Joint Resolutions; Entry on Journals")

Adopted February 15, 1876:

The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the Legislature, after their titles have been publicly read before signing; and the fact of signing shall be entered on the journals.

Editor Comments

None.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

• Holman v. Pabst, 27 S.W.2d 340, 342 (Tex.Civ.App.–Galveston 1930, ref'd) ("As concerns the soundness of the holding that purported Senate Bill No. 22 is invalid because not carrying the signature of the Speaker of the House of Representatives, we are also clear; as to it, the photostatic copy of the bill itself, under certificate of the Secretary of State, attached as Exhibit No. 9 to the statement of facts, under like agreement of the parties here that it is correct, discloses that the original bill on file in that official's office–its required depository–does not bear the signature of the Speaker.")

• Parshall v. State, 138 S.W. 759, 763 (Tex.Crim.App. 1911) ("It is also contended by appellant that the said act of the Legislature is unconstitutional, in that article 3, § 38, just above mentioned, was violated, in that the journals of the Legislature do not show that the title of said act, as finally passed, was read in full at the time of the signature of the respective presiding officers of each House. From this provision of the Constitution it is seen that it does not require that the journals of the two Houses shall affirmatively show what the title of the bill enacted is or that the full title thereof was read.")

Library Resources

• Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

• The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

• The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

• Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

• Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

• Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)