Article VII, Section 11 of the Texas Constitution

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As amended November 8, 1932:

In order to enable the Legislature to perform the duties set forth in the foregoing Section, it is hereby declared all lands and other property heretofore set apart and appropriated for the establishment and maintenance of the University of Texas, together with all the proceeds of sales of the same, heretofore made or hereafter to be made, and all grants, donations and appropriations that may hereafter be made by the State of Texas, or from any other source, except donations limited to specific purposes, shall constitute and become a Permanent University Fund. And the same as realized and received into the Treasury of the State (together with such sums belonging to the Fund, as may now be in the Treasury), shall be invested in bonds of the United States, the State of Texas, or counties of said State, or in School Bonds of municipalities, or in bonds of any city of this State, or in bonds issued under and by virtue of the Federal Farm Loan Act approved by the President of the United States, July 17, 1916, and amendments thereto; and the interest accruing thereon shall be subject to appropriation by the Legislature to accomplish the purpose declared in the foregoing Section; provided, that the one-tenth of the alternate Section of the lands granted to railroads, reserved by the State, which were set apart and appropriated to the establishment of the University of Texas, by an Act of the Legislature of February 11, 1858, entitled, "An Act to establish the University of Texas," shall not be included in, or constitute a part of, the Permanent University Fund.

Editor Comments

As adopted in 1876, this section read: "In order to enable the Legislature to perform the duties set forth in the foregoing section, it is hereby declared that all lands and other property heretofore set apart and appropriated for the establishment and maintenance of "The University of Texas," together with all the proceeds of sales of the same, heretofore made or hereafter so to be made, and all grants, donations and appropriations that may hereafter be made by the State of Texas or from any other source, shall constitute and become a permanent university fund. And the same as realized and received into the treasury of the State (together with such sums, belonging to the fund, as may now be in the treasury), shall be invested in bonds of the State of Texas, if the same can be obtained; if not, then in United States bonds, and the interest accruing thereon shall be subject to appropriation by the Legislature to accomplish the purpose declared in the foregoing section; provided, that one-tenth of the alternate sections of the lands granted to railroads, reserved by the State, which were set apart and appropriated to the establishment of "The University of Texas," by an act of the Legislature of February 11, 1858, entitled "An Act to establish 'The University of Texas,'" shall not be included in or constitute a part of the permanent school fund."

The section has been amended twice. The most recent amendment inter alia allowed specific purpose donations outside the Permanent University Fund.

Note that Article VII, Section 11b ("[n]otwithstanding any other provision of this constitution") modifies the investment restrictions contained in this section.

Note that Article VII, Section 18 ("the provisions of this section shall prevail, notwithstanding") modifies the distribution restriction contained in this section.

Steve Smith

Recent Decisions

None.

Historic Decisions

  • State ex rel. Attorney General v. Hatcher, 281 S.W. 192, 195 (Tex. 1926) ("Our opinion may shatter the fondest dreams of those who love the University of Texas and who are convinced that its present emergency needs demand the spending of these large sums of money as rapidly as they are received. A shackless campus is much to be desired. But, however desirable new buildings may be at this time, we would not be justified in setting aside the work of the forefathers who wrote into the fundamental law of this great empire state provisions for a University of the first class. Those patriots evidenced a deep concern for public education from the common school to the University.")

Library Resources

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