Article IV, Section 11B of the Texas Constitution

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Added November 7, 1989:

(a) The legislature by law may organize and combine into one or more agencies all agencies of the state that: (1) have authority over the confinement or supervision of persons convicted of criminal offenses; (2) set standards or distribute state funds to political subdivisions that have authority over the confinement or supervision of persons convicted of criminal offenses; or (3) gather information about the administration of criminal justice.

(b) The legislature by law may authorize the appointment of members of more than one department of government to serve on the governing body.

Editor Comments

In 1989, the Legislature created the Texas Department of Criminal Justice (TDCJ) and its nine-member governing body the Texas Board of Criminal Justice (TBCJ).

The TDCJ is responsible for the functions formerly assigned to the Texas Department of Corrections, the Texas Board of Pardons and Paroles, and the Texas Adult Probation Commission.

Subsection (a) of this section resolves any question regarding the Legislature's authority to establish the TDCJ.

Subsection (b) of this section exempts the TBCJ from the separation-of-powers mandate of Article II, Section 1.

Steve Smith

Recent Decisions

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Historic Decisions

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