Article XVI, Section 12 of the Texas Constitution

Adopted February 15, 1876:

No member of Congress, nor person holding or exercising any office of profit or trust, under the United States, or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any office of profit or trust under this State.

Editor Comments

This section concerning dual office-holding must be read together with Article XVI, Section 33 and Article XVI, Section 40.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

Carpenter v. Sheppard, 145 S.W.2d 562, 567 (Tex. 1940) ("We must assume that those who are in charge of the military affairs of this Nation and this State will conduct themselves so as to protect the rights of the people and the administration of their affairs by their public officers. By virtue of Sections 33 and 40 of Article 16 of the Constitution, we hold that Relator did not vacate his office as a member and Chairman and Executive Director of the Texas Unemployment Compensation Commission, when called into the military service of the United States . . . . We further hold that his appointment as Major in the United States Army does not violate Section 12 of Article 16 of the Constitution.")

Ex parte Dailey, 246 S.W. 91, 92 (Tex.Crim.App. 1922) ("The facts in this record do not show that Hon. Horton B. Porter as an officer in the National Guard of Texas had been called into actual service of the United States. Hence we conclude that he did not vacate the office of district judge by accepting the appointment of captain in the National Guard, and that section 12, art. 16, of our Constitution, has no application in the instant case. The cases of State v. De Gress, 53 Tex. 387, and Lowe v. State, 83 Tex. . . . . In the Lowe Case the officer had been called into the actual military service of the United States, and his former status as an officer in the National Guard had been changed by such call.")

Library Resources

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

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

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

Online Resources

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

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

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