Texas Constitution:Article XI, Section 7 and Texas Constitution:Article I, Section 4: Difference between pages

Revision as of 11:07, June 21, 2025

Adopted February 15, 1876:

No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.

Editor Comments

Sections 4 through 7 of Article I, including the recently adopted Section 6-a, concern religion.

Due either to the plain language of the provision or to state court decisions interpreting the provision, the substance of the provisions concerning religion contained in the state constitution sometimes differs from the substance of the provisions concerning religion contained in the federal constitution.

For example, under this section, a person who fails to "acknowledge the existence of a Supreme Being" is not eligible to hold public office in Texas. However, that requirement violates the federal constitution and is therefore unenforceable. See Torcaso v. Watkins, 367 U.S. 488, 495 (1961) (holding that similar provision contained in Maryland Constitution violated federal constitution).

—Attorney Steve Smith

Recent Decisions

Hensley v. State Comm'n on Jud. Conduct, 692 S.W.3d 184, 208 (Tex. 2024) (J. Blacklock, concurring) ("If the Judicial Conduct Commission is correct—that is, if Obergefell ushered in an era in which judges who publicly espouse traditional Christian beliefs are unfit for the robe—then yet another deeply rooted constitutional principle . . . . Judge Hensley has been the target of a punitive administrative apparatus with the power, ultimately, to exclude her from holding office. This has happened 'on account of [her] religious sentiments'—not on account of rude or insulting or unprofessional words or actions towards anybody of any sexual orientation.")

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)

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-{{DISPLAYTITLE:Article XI, Section 7 of the Texas Constitution}}{{Template:Texas Constitution|text=As amended November 8, 2011:
+{{DISPLAYTITLE:Article I, Section 4 of the Texas Constitution (''<small>"Religious Tests"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
-'''(a) All counties and cities bordering on the coast of the Gulf of Mexico are hereby authorized upon a vote of the majority of the qualified voters voting thereon at an election called for such purpose to levy and collect such tax for construction of sea walls, breakwaters, or sanitary purposes, as may now or may hereafter be authorized by law, and may create a debt for such works and issue bonds in evidence thereof. But no debt for any purpose shall ever be incurred in any manner by any city or county unless provision is made, at the time of creating the same, for levying and collecting a sufficient tax to pay the interest thereon and provide at least two per cent (2%) as a sinking fund, except as provided by Subsection (b); and the condemnation of the right of way for the erection of such works shall be fully provided for.'''
+'''No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.'''
-'''(b) To increase efficiency and effectiveness to the greatest extent possible, the legislature may by general law authorize cities or counties to enter into interlocal contracts with other cities or counties without meeting the tax and sinking fund requirements under Subsection (a).'''
 |editor=
-As adopted in 1876, this section read: "All counties and cities bordering on the coast of the Gulf of Mexico are hereby authorized, upon a vote of two-thirds of the tax-payers therein (to be ascertained as may be provided by law) to levy and collect such tax for construction of sea walls, breakwaters, or sanitary purposes, as may be authorized by law, and may create a debt for such works and issue bonds in evidence thereof. But no debt for any purpose shall ever be incurred in any manner by any city or county, unless provision is made at the time of creating the same, for levying and collecting a sufficient tax to pay the interest thereon and provide at least two per cent. as a sinking fund; and the condemnation of the right of way for the erection of such works shall be fully provided for."
+Sections 4 through 7 of Article I, including the recently adopted Section [[Texas Constitution:Article I, Section 6-a|6-a]], concern religion.
-The section has been amended four times. The most recent amendment added Subsection (b) governing "interlocal" contracts.
+Due either to the plain language of the provision or to state court decisions interpreting the provision, the substance of the provisions concerning religion contained in the state constitution sometimes differs from the substance of the provisions concerning religion contained in the federal constitution.
-|other=
+For example, under this section, a person who fails to "acknowledge the existence of a Supreme Being" is not eligible to hold public office in Texas. However, that requirement violates the federal constitution and is therefore unenforceable. See ''Torcaso v. Watkins'', 367 U.S. 488, [https://scholar.google.com/scholar_case?case=17484916405561277413#p495 495] (1961) (holding that similar provision contained in Maryland Constitution violated federal constitution).
-None.
 |recent=
-None.
+* ''Hensley v. State Comm'n on Jud. Conduct'', 692 S.W.3d 184, [https://scholar.google.com/scholar_case?case=4865454919474533790#p208 208] (Tex. 2024) (J. Blacklock, concurring) ("If the Judicial Conduct Commission is correct—that is, if ''Obergefell'' ushered in an era in which judges who publicly espouse traditional Christian beliefs are unfit for the robe—then yet another deeply rooted constitutional principle . . . . Judge Hensley has been the target of a punitive administrative apparatus with the power, ultimately, to exclude her from holding office. This has happened 'on account of [her] religious sentiments'—not on account of rude or insulting or unprofessional words or actions towards anybody of any sexual orientation.")
 |historic=
-* ''Brown v. Jefferson County'', 406 S.W.2d 185, [https://scholar.google.com/scholar_case?case=18247047260306664570#p188 188] (Tex. 1966) ("There is language in the opinion of this Court in the Galveston County case which is highly critical of the uncertain and admittedly improvident contract made by Galveston County which sought to saddle the County for almost a millenium [sic] with an uncertain liability which could arise out of the operation of a bridge over which the County had no effective control. The opinion should not, however, be construed as condemning any and all indemnity contracts which a county might enter into in carrying out its legitimate functions. In this case, it appears that under the agreement between . . . . This is a legitimate county function.")
+None.
-* ''Texas & N. O. R. R. Co. v. Galveston County'', 169 S.W.2d 713, [https://cite.case.law/pdf/10218343/T.%20&%20N.%20O.%20R.%20R.%20Co.%20v.%20Galveston%20County,%20169%20S.W.2d%20713%20(1943).pdf#page=3 715] (Tex. 1943) ("Art. 11, § 7, supra, reads, in part, as follows: 'No debt for any purpose shall ever be incurred in any manner by any city or county unless . . . . Public policy demands that definite limitations be placed on the power of the several political subdivisions of our government to spend public money. As to counties, the limitation is to pay cash, that is, to pay out of current revenues or from funds within the immediate control of the county. Debt, with a provision at the time it is incurred to pay interest and at least two per cent of the principal each year, is the only alternative. If this provision is not made, the 'debt' is a nullity.")
-* ''Mitchell County v. City Nat'l Bank'', 43 S.W. 880, 885 (Tex. 1898) ("If, as claimed by the plaintiff in error, section 7 of article 11 of the constitution applies to all counties and cities in the state (which we assume in this discussion), then every law enacted by the legislature which authorizes the creation of a debt by cities or counties must conform to the requirements of that section, or it will be invalid. In other words, a law which authorized the creation of a debt by a city or county, and did not provide for or authorize the municipal authorities to provide for levying and collecting a tax sufficient to pay the interest on such debt, and create a sinking fund of at least 2 per cent. for its payment, would be void.")
+|seo_title=Article I, Section 4 of the Texas Constitution ("Religious Tests")
+|seo_keywords=Article 1 Section 4, Texas Bill of Rights, religious tests
+|seo_description=No religious test shall ever be required as a qualification to any office, or public trust, in this State.
+|seo_image_alt=Texas Bill of Rights
 }}
-[[Category:Local Government Law]]
+[[Category:Texas Bill of Rights]]
-[[Category:TxCon ArtXI Sec]]
+[[Category:Religion Law]]
+[[Category:TxCon ArtI Sec]]