Article VII, Section 10 of the Texas Constitution

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Adopted February 15, 1876:

The legislature shall as soon as practicable establish, organize and provide for the maintenance, support and direction of a University of the first class, to be located by a vote of the people of this State, and styled, "The University of Texas," for the promotion of literature, and the arts and sciences, including an Agricultural, and Mechanical department.

Editor Comments

The University of Texas at Austin became operational in 1883. Cf. John J. Lane, History of Education in Texas (Washington D.C. 1903), p.124 ("[T]he seventeenth legislature solved the question by submitting it to a vote of the people. The vote resulted in favor of locating the main establishment at Austin and the medical branch at Galveston; and what had been so long known as College Hill was naturally accepted as the site for the buildings of the parent institution.").

Steve Smith

Recent Decisions


Historic Decisions

  • Foley v. Benedict, 55 S.W.2d 805, 810 (Tex. 1932) ("The Legislature of this state having lodged the power with the board of regents to enact rules and regulations as may be necessary for the successful management and government of the University, they shall have power to adopt such rules and to regulate the course of instruction . . . . That authority rests with the board of regents and the faculty as provided for by statute; and, if a change or modification is desired in the rules and regulations, it is a matter for the consideration of the Legislature. The courts will not interfere therewith in the absence of a clear showing that they have acted arbitrarily or have abused the authority vested in them.")

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Online Resources