Texas Constitution:Article III, Section 49-d-13 and Texas Constitution:Article I, Section 23: Difference between pages

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{{DISPLAYTITLE:Article III, Section 49-d-13 of the Texas Constitution (''<small>"State Water Implementation Revenue Fund for Texas"</small>'')}}{{Texas Constitution|text=Added November 5, 2013:
{{DISPLAYTITLE:Article I, Section 23 of the Texas Constitution (''<small>"Right to Keep and Bear Arms"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:


'''(a) The State Water Implementation Revenue Fund for Texas is created as a special fund in the State Treasury outside the General Revenue Fund. Money in the State Water Implementation Revenue Fund for Texas shall be administered, without further appropriation, by the Texas Water Development Board or that board's successor in function and shall be used for the purpose of implementing the State Water Plan that is adopted as required by general law by the Texas Water Development Board or that board's successor in function. Separate accounts may be established in the State Water Implementation Revenue Fund for Texas as necessary to administer the fund or authorized projects.'''
'''Every citizen shall have the right to keep and bear arms in the lawful defence [sic] of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.'''


'''(b) The Legislature by general law may authorize the Texas Water Development Board or that board's successor in function to issue bonds and enter into related credit agreements that are payable from all revenues available to the State Water Implementation Revenue Fund for Texas.'''
|editor=


'''(c) The Texas Water Development Board or that board's successor in function shall provide written notice to the Legislative Budget Board or that board's successor in function before issuing a bond pursuant to this section or entering into a related credit agreement that is payable from revenue deposited to the credit of the State Water Implementation Revenue Fund for Texas and shall provide a copy of the proposed bond or agreement to the Legislative Budget Board or that board's successor in function for approval. The proposed bond or agreement shall be considered to be approved unless the Legislative Budget Board or that board's successor in function issues a written disapproval not later than the 21st day after the date on which the staff of that board receives the submission.'''
This section's substance is at least to some degree independent of the differently worded Second Amendment to the federal constitution. Cf. Stephen Halbrook, ''The Right to Bear Arms in Texas: The Intent of the Framers of the Bills of Rights'', 41 Baylor L. Rev. 629, [https://heinonline.org/HOL/LandingPage?handle=hein.journals/baylr41&div=33 668] (1989) ("Under the 1876 guarantee, the legislature (but not a locality) could regulate how arms were to be worn, i.e., openly or concealed, but could not bar the wearing of weapons per se.").


'''(d) The State Water Implementation Revenue Fund for Texas consists of: (1) money transferred or deposited to the credit of the fund by general law, including money from any source transferred or deposited to the credit of the fund at the discretion of the Texas Water Development Board or that board's successor in function as authorized by general law; (2) the proceeds of any fee or tax imposed by this state that by statute is dedicated for deposit to the credit of the fund; (3) any other revenue that the Legislature by statute dedicates for deposit to the credit of the fund; (4) investment earnings and interest earned on amounts credited to the fund; (5) the proceeds from the sale of bonds, including revenue bonds issued under this section by the Texas Water Development Board or that board's successor in function for the purpose of providing money for the fund; and (6) money disbursed to the fund from the State Water Implementation Fund for Texas as authorized by general law.'''
Note that the second clause of this section, added by the Constitutional Convention of 1875, is a verbatim copy of the second clause of Article I, Section 26 of the Tennessee Constitution. Cf. ''Andrews v. State'', 50 Tenn. 165, [https://texaslegalguide.com/images/Tenn_165.pdf#page=16 180] (1871) ("The Convention of 1870, knowing that there had been differences of opinion on this question, have conferred on the Legislature in this added clause, the right to regulate the wearing of arms, with a view to prevent crime.").


'''(e) The Legislature by general law shall provide for the manner in which the assets of the State Water Implementation Revenue Fund for Texas may be used, subject to the limitations provided by this section. The Legislature by general law may provide for costs of investment of the State Water Implementation Revenue Fund for Texas to be paid from that fund.'''
|recent=


'''(f) In each fiscal year in which amounts become due under the bonds or agreements authorized by this section, the Texas Water Development Board or that board's successor in function shall transfer from revenue deposited to the credit of the State Water Implementation Revenue Fund for Texas in that fiscal year an amount that is sufficient to pay: (1) the principal of and interest on the bonds that mature or become due during the fiscal year; and (2) any cost related to the bonds, including payments under related credit agreements that become due during that fiscal year.'''
* ''Wilson v. State'', 44 S.W.3d 602, [https://scholar.google.com/scholar_case?case=69182692966181455#p605 605] (Tex.App.–Fort Worth 2001, ref'd) ("Wilson's contention that this restriction 'serves no purpose in preventing crime' overlooks the fact that convicted felons are not necessarily outside their homes when they commit crimes. Felons are just as capable of committing crimes with firearms in or around . . . . Furthermore, the legislature could have rationally restricted convicted felons from possessing firearms anywhere for a five-year period to reduce the rate of recidivism. Wilson, therefore, has failed to demonstrate that section 46.04 unreasonably contravenes the right to bear arms guaranteed by the Texas Constitution.")


'''(g) Any obligations authorized by general law to be issued by the Texas Water Development Board or that board's successor in function pursuant to this section shall be special obligations payable solely from amounts in the State Water Implementation Revenue Fund for Texas. Obligations issued by the Texas Water Development Board or that board's successor in function pursuant to this section may not be a constitutional state debt payable from the general revenue of the state.'''
|historic=
 
'''(h) Any dedication or appropriation of revenue to the credit of the State Water Implementation Revenue Fund for Texas may not be modified so as to impair any outstanding bonds secured by a pledge of that revenue unless provisions have been made for a full discharge of those bonds.'''
 
'''(i) Money in the State Water Implementation Revenue Fund for Texas is dedicated by this constitution for purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution.'''


'''(j) This section being intended only to establish a basic framework and not to be a comprehensive treatment of the State Water Implementation Revenue Fund for Texas, there is hereby reposed in the Legislature full power to implement and effectuate the design and objects of this section, including the power to delegate such duties, responsibilities, functions, and authority to the Texas Water Development Board or that board's successor in function as the Legislature believes necessary.'''
* ''Masters v. State'', 685 S.W.2d 654, [https://scholar.google.com/scholar_case?case=17228119047943981193#p655 655] (Tex.Crim.App. 1985) ("We granted discretionary review to consider appellant's contentions that Sec. 46.02 is violative of Art. 1, Sec. 23 of the Texas Constitution and of the Second Amendment to the Constitution of the United States of America. We rejected the first of these contentions in ''Roy v. State'', 552 S.W.2d 827 (Tex.Cr.App. 1977), citing ''Collins v. State'', 501 S.W.2d 876 (Tex.Cr.App. 1973) and ''Morrison v. State'', 339 S.W.2d 529 (Tex.Cr.App. 1960). . . . This power was held in ''Roy'', ''supra'', and its progenitors to authorize regulatory statutes such as Sec. 46.02 and its predecessors, and we continue to so hold.")


|editor=
* ''Jennings v. State'', 5 Tex.Ct.App. 298, [https://texaslegalguide.com/images/005_TexCtApp_298.pdf#page=3 300-01] (1878) ("While it has the power to regulate the wearing of arms, it has not the power by legislation to take a citizen's arms away from him. One of his most sacred rights is that of having arms for his own defense and that of the State. This right is one of the surest safeguards of liberty and self-preservation. The act under consideration contains other useful and salutary provisions which have been held not obnoxious to any just constitutional exceptions by a long line of decisions in this State, and which are capable of being executed independent of that part of it which is herein decided to be unconstitutional.")


None.
* ''State v. Duke'', 42 Tex. 455, [https://texaslegalguide.com/images/042_Tex_455.pdf#page=4 458-59] (1875) ("The arms which every person is secured the right to keep and bear (in the defense of himself or the State, subject to legislative regulation), must be such arms as are commonly kept, according to the customs of the people, and are appropriate for open and manly use in self-defense, as well as such as are proper for . . . . It undertakes to regulate the place where, and the circumstances under which, a pistol may be carried; and in doing so, it appears to have respected the right to carry a pistol openly when needed for self-defense or in the public service, and the right to have one at the home or place of business.")


|recent=
* ''English v. State'', 35 Tex. 473, [https://texaslegalguide.com/images/035_Tex_473.pdf#page=6 478-79] (1871) ("It is furthermore claimed that this is a law in violation of the thirteenth section, first article, of our own constitution . . . . But we do not intend to be understood as admitting for one moment, that the abuses prohibited are in any way protected either under the state or federal constitution. We confess it appears to us little short of ridiculous, that any one should claim the right to carry upon his person any of the mischievous devices inhibited by the statute, into a peaceable public assembly, as, for instance into a church, a lecture room, a ball room, or any other place where ladies and gentlemen are congregated together.")
 
None.
 
|historic=


None.
* ''Cockrum v. State'', 24 Tex. 394, [https://texaslegalguide.com/images/024_Tex_394.pdf#page=8 401-02] (1859) ("The object of the clause first cited, has reference to the perpetuation of free government, and is based on the idea, that the people cannot be effectually oppressed and enslaved, who are not first disarmed. The clause cited in our bill of rights, has the same broad object in relation to the government, and in addition thereto, secures a personal right to the citizen. . . . It is one of the 'high powers' delegated directly to the citizen, and 'is excepted out of the general powers of government.' A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the law-making power.")


|seo_title=Article III, Section 49-d-13 of the Texas Constitution ("State Water Implementation Revenue Fund for Texas")
|seo_title=Article I, Section 23 of the Texas Constitution ("Right to Keep and Bear Arms")
|seo_keywords=Article 3 Section 49-d-13, water bonds, debt authorization
|seo_keywords=Article 1 Section 23, Texas gun rights, Texas constitutional carry
|seo_description=The State Water Implementation Revenue Fund for Texas is created as a special fund in the State Treasury.
|seo_description=Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State.
|seo_image=Texas_Constitution_of_1876_Article_3.jpg
|seo_image_alt=Texas Bill of Rights
|seo_image_alt=Article III: Legislative Department


}}
}}


[[Category:Water Law]]
[[Category:Texas Bill of Rights]]
[[Category:TxCon ArtIII Sec]]
[[Category:Gun Rights]]
[[Category:TxCon ArtI Sec]]

Revision as of 15:41, May 28, 2024

Adopted February 15, 1876:

Every citizen shall have the right to keep and bear arms in the lawful defence [sic] of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

Editor Comments

This section's substance is at least to some degree independent of the differently worded Second Amendment to the federal constitution. Cf. Stephen Halbrook, The Right to Bear Arms in Texas: The Intent of the Framers of the Bills of Rights, 41 Baylor L. Rev. 629, 668 (1989) ("Under the 1876 guarantee, the legislature (but not a locality) could regulate how arms were to be worn, i.e., openly or concealed, but could not bar the wearing of weapons per se.").

Note that the second clause of this section, added by the Constitutional Convention of 1875, is a verbatim copy of the second clause of Article I, Section 26 of the Tennessee Constitution. Cf. Andrews v. State, 50 Tenn. 165, 180 (1871) ("The Convention of 1870, knowing that there had been differences of opinion on this question, have conferred on the Legislature in this added clause, the right to regulate the wearing of arms, with a view to prevent crime.").

—Attorney Steve Smith

Recent Decisions

  • Wilson v. State, 44 S.W.3d 602, 605 (Tex.App.–Fort Worth 2001, ref'd) ("Wilson's contention that this restriction 'serves no purpose in preventing crime' overlooks the fact that convicted felons are not necessarily outside their homes when they commit crimes. Felons are just as capable of committing crimes with firearms in or around . . . . Furthermore, the legislature could have rationally restricted convicted felons from possessing firearms anywhere for a five-year period to reduce the rate of recidivism. Wilson, therefore, has failed to demonstrate that section 46.04 unreasonably contravenes the right to bear arms guaranteed by the Texas Constitution.")

Historic Decisions

  • Masters v. State, 685 S.W.2d 654, 655 (Tex.Crim.App. 1985) ("We granted discretionary review to consider appellant's contentions that Sec. 46.02 is violative of Art. 1, Sec. 23 of the Texas Constitution and of the Second Amendment to the Constitution of the United States of America. We rejected the first of these contentions in Roy v. State, 552 S.W.2d 827 (Tex.Cr.App. 1977), citing Collins v. State, 501 S.W.2d 876 (Tex.Cr.App. 1973) and Morrison v. State, 339 S.W.2d 529 (Tex.Cr.App. 1960). . . . This power was held in Roy, supra, and its progenitors to authorize regulatory statutes such as Sec. 46.02 and its predecessors, and we continue to so hold.")
  • Jennings v. State, 5 Tex.Ct.App. 298, 300-01 (1878) ("While it has the power to regulate the wearing of arms, it has not the power by legislation to take a citizen's arms away from him. One of his most sacred rights is that of having arms for his own defense and that of the State. This right is one of the surest safeguards of liberty and self-preservation. The act under consideration contains other useful and salutary provisions which have been held not obnoxious to any just constitutional exceptions by a long line of decisions in this State, and which are capable of being executed independent of that part of it which is herein decided to be unconstitutional.")
  • State v. Duke, 42 Tex. 455, 458-59 (1875) ("The arms which every person is secured the right to keep and bear (in the defense of himself or the State, subject to legislative regulation), must be such arms as are commonly kept, according to the customs of the people, and are appropriate for open and manly use in self-defense, as well as such as are proper for . . . . It undertakes to regulate the place where, and the circumstances under which, a pistol may be carried; and in doing so, it appears to have respected the right to carry a pistol openly when needed for self-defense or in the public service, and the right to have one at the home or place of business.")
  • English v. State, 35 Tex. 473, 478-79 (1871) ("It is furthermore claimed that this is a law in violation of the thirteenth section, first article, of our own constitution . . . . But we do not intend to be understood as admitting for one moment, that the abuses prohibited are in any way protected either under the state or federal constitution. We confess it appears to us little short of ridiculous, that any one should claim the right to carry upon his person any of the mischievous devices inhibited by the statute, into a peaceable public assembly, as, for instance into a church, a lecture room, a ball room, or any other place where ladies and gentlemen are congregated together.")
  • Cockrum v. State, 24 Tex. 394, 401-02 (1859) ("The object of the clause first cited, has reference to the perpetuation of free government, and is based on the idea, that the people cannot be effectually oppressed and enslaved, who are not first disarmed. The clause cited in our bill of rights, has the same broad object in relation to the government, and in addition thereto, secures a personal right to the citizen. . . . It is one of the 'high powers' delegated directly to the citizen, and 'is excepted out of the general powers of government.' A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the law-making power.")

Library Resources

Online Resources

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