Article IV, Section 5 of the Texas Constitution ("Compensation of Governor")

As amended November 2, 1954:

The Governor shall, at stated times, receive as compensation for his services an annual salary in an amount to be fixed by the Legislature, and shall have the use and occupation of the Governor's Mansion, fixtures and furniture.

Editor Comments

As adopted in 1876, this section read: "He shall, at stated times, receive as compensation for his services an annual salary of four thousand dollars and no more, and shall have the use and occupation of the governor's mansion, fixtures and furniture."

After failed attempts in 1908, 1919, 1921 and 1929, the section was amended in 1936 to increase the annual salary to "Twelve Thousand ($12,000.00) Dollars and no more."

The 1954 ballot proposition that amended this section also authorized the Legislature to fix the salaries of most of the other executive officers created by Article IV, Section 1.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

• Terrell v. Middleton, 187 S.W. 367, 374 (Tex.Civ.App.–San Antonio 1916, ref'd) ("Only a short time since a constitutional amendment was presented to the people which sought to increase the Governor's salary, but they promptly and vigorously voted it down. Their will, expressed in the Constitution and reiterated at the polls, cannot be circumvented and set aside by legislative action. There is no more sanctity in an appropriation bill than . . . . If the Governor is miserably remunerated for his services, it is the province of the people, and not of the Legislature by evasion or disregard of the Constitution, to remedy it.")

Library Resources

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

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

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

Online Resources

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

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

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