Article VII, Section 12 of the Texas Constitution

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Adopted February 15, 1876:

The land herein set apart to the University fund shall be sold under such regulations, at such times, and on such terms, as may be provided by law; and the Legislature shall provide for the prompt collection, at maturity, of all debts due on account of University lands, heretofore sold, or that may hereafter be sold, and shall in neither event have the power to grant relief to the purchasers.

Editor Comments

Notwithstanding this section's apparent directive that "[t]he land herein set apart . . . be sold," the Permanent University Fund currently holds more than two million acres of land.

Steve Smith

Recent Decisions

None.

Historic Decisions

  • Theisen v. Robison, 8 S.W.2d 646, 650 (Tex. 1928) ("Nothing is plainer to us than that, the Constitution having imposed the duty on the Legislature to sell University lands to the best advantage of the University's permanent fund, there was no lack of legislative power to sell the lands containing minerals in the way customarily used to avoid sacrifice of the value of the minerals. Since at the date of the adoption of the Constitution and for prior centuries minerals were usually converted into money by sales working a severance of the mineral estate . . . for stipulated royalties, the Legislature was plainly empowered to consummate in that manner separate sales of the minerals in the University lands.")

Library Resources

Online Resources