Texas Constitution:Article I, Section 36 and Texas Constitution:Article I, Section 11-b: Difference between pages

Revision as of 10:51, July 15, 2023

As amended November 6, 2007:

Any person who is accused in this State of a felony or an offense involving family violence, who is released on bail pending trial, and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial if a judge or magistrate in this State determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.

Editor Comments

Sections 11, 11-a, 11-c and 13 of Article I also directly address bail for those accused of criminal offenses.

This section, added in 2005, was amended in 2007 by the same ballot proposition that added Section 11-c.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

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)

@@ Line 1: / Line 1: @@
-{{DISPLAYTITLE:Article I, Section 36 of the Texas Constitution (''<small>"Right to Engage in Certain Farm, Ranch, etc. Practices"</small>'')}}{{Texas Constitution|text=Added November 7, 2023:
+{{DISPLAYTITLE:Article I, Section 11-b of the Texas Constitution (''<small>"Denial of Bail for Violation of Condition of Release"</small>'')}}{{Texas Constitution|text=As amended November 6, 2007:
-'''(a) The people have the right to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices on real property they own or lease.'''
+'''Any person who is accused in this State of a felony or an offense involving family violence, who is released on bail pending trial, and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial if a judge or magistrate in this State determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.'''
-'''(b) This section does not affect the authority of the Legislature to authorize by general law the regulation of generally accepted farm, ranch, timber production, horticulture, or wildlife management practices by: (1) a state agency or political subdivision when there is clear and convincing evidence that the law or regulation is necessary to protect the public health and safety from imminent danger; (2) a state agency to prevent a danger to animal health or crop production; or (3) a state agency or political subdivision to preserve or conserve the natural resources of this State under Section [[Texas Constitution:Article XVI, Section 59|59]], Article XVI, of this constitution.'''
-'''(c) This section does not affect the authority of the Legislature to authorize by general law the use or acquisition of property for a public use, including the development of the natural resources of this State under Section [[Texas Constitution:Article XVI, Section 59|59]], Article XVI, of this constitution.'''
 |editor=
-This section creates a limited constitutional right to engage in certain agricultural practices in the state.
+Sections [[Texas Constitution:Article I, Section 11|11]], [[Texas Constitution:Article I, Section 11-a|11-a]], [[Texas Constitution:Article I, Section 11-c|11-c]] and [[Texas Constitution:Article I, Section 13|13]] of Article I also directly address bail for those accused of criminal offenses.
-Only two other states, Missouri and North Dakota, appear to have similar constitutional provisions.
-As a result, both the substance and enforceability of the new Texas right are rather unclear.
+This section, added in 2005, was amended in 2007 by the same ballot proposition that added Section 11-c.
 |recent=
@@ Line 23: / Line 17: @@
 None.
-|seo_title=Article I, Section 36 of the Texas Constitution ("Right to Engage in Certain Farm, Ranch, etc. Practices")
+|seo_title=Article I, Section 11-b of the Texas Constitution ("Denial of Bail for Violation of Condition of Release")
-|seo_keywords=Article 1 Section 36, right farm practices, right ranch practices
+|seo_keywords=Article 1 Section 11-b, Texas Bill of Rights, pretrial bail
-|seo_description=The people have the right to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices.
+|seo_description=Under this section, a defendant is entitled to be confronted with the witnesses against him before bail can be denied.
 |seo_image_alt=Texas Bill of Rights
@@ Line 31: / Line 25: @@
 [[Category:Texas Bill of Rights]]
-[[Category:Real Property Law]]
+[[Category:Criminal Procedure]]
-[[Category:Agriculture Law]]
 [[Category:TxCon ArtI Sec]]
-[[Category:Amendments 2023]]