Texas Constitution:Article III, Section 3 and Texas Constitution:Article III, Section 10: Difference between pages

Latest revision as of 08:59, July 31, 2023

Adopted February 15, 1876:

Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.

Editor Comments

The first edition of an often-cited treatise on legislative practice and procedure declared that "[t]he right of a legislative assembly, after it is regularly constituted, to have the attendance of all its members except those who are absent on leave, or in the service of the assembly, and to enforce it, if necessary, is one of its most undoubted and important privileges." Luther Cushing, Elements of the Law and Practice of Legislative Assemblies in the United States of America 101 (1856).

Note that the Republic of Texas constitution (1836) and each of the state's first four constitutions (1845, 1861, 1866, & 1869) contained a section with the same substantive language as this section.

The most well-known quorum break involving the Texas Legislature is probably the one executed in 1979 by the so-called "Killer Bees" over a presidential primary bill. But the journals of the House and Senate document numerous other quorum breaks over the years, some more notable than others. Cf. John Brockman, "Railroads, Radicals, and the Militia Bill: A New Interpretation of the Quorum-Breaking Incident of 1870" The Southwestern Historical Quarterly, 83:2 105 (1979).

—Attorney Steve Smith

Recent Decisions

In re Abbott, 628 S.W.3d 288, 291 (Tex. 2021) ("The question now before this Court is not whether it is a good idea for the Texas House of Representatives to arrest absent members to compel a quorum. Nor is the question whether the proposed voting legislation giving rise to this dispute is desirable. Those are political questions far outside the scope of the judicial function. The legal question before this Court concerns only whether the Texas Constitution gives the House of Representatives the authority to physically compel the attendance of absent members. We conclude that it does, and we therefore direct the district court to withdraw the TRO.")

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 III, Section 3 of the Texas Constitution (''<small>"Election and Term of Office of Senators"</small>'')}}{{Texas Constitution|text=As amended November 2, 1999:
+[[Category:Featured Article]]<indicator name="featured">[[File:Featured_article_star.svg|25px]]</indicator>{{DISPLAYTITLE:Article III, Section 10 of the Texas Constitution (''<small>"Quorum; Adjournments from Day-to-Day; Compelling Attendance"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
-'''The Senators shall be chosen by the qualified voters for the term of four years; but a new Senate shall be chosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the first two years, and those of the second class at the expiration of four years, so that one half of the Senators shall be chosen biennially thereafter. Senators shall take office following their election, on the day set by law for the convening of the regular session of the Legislature, and shall serve thereafter for the full term of years to which elected.'''
+'''Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.'''
 |editor=
-Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www2.texasattorneygeneral.gov/opinions/opinions/50abbott/op/2002/pdf/ga0006.pdf#page=6 GA-6] (2002), opined that: "[S]ince the 1966 amendment to sections 3 and 4 of article III, the term of office of members of the legislature begins on the day the legislature convenes in January of odd-numbered years. The clear implication is that a member of the Seventy-seventh Legislature who was elected to the Seventy-eighth Legislature at the general election of November 2002 has a small 'window of opportunity' during which he or she may be appointed by the governor to an office or position that requires senate confirmation."
+The first edition of an often-cited treatise on legislative practice and procedure declared that "[t]he right of a legislative assembly, after it is regularly constituted, to have the attendance of all its members except those who are absent on leave, or in the service of the assembly, and to enforce it, if necessary, is one of its most undoubted and important privileges." Luther Cushing, ''Elements of the Law and Practice of Legislative Assemblies in the United States of America'' [https://texaslegalguide.com/images/Lex_Parliamentaria_Americana.pdf#page=8 101] (1856).
-|other=
+Note that the Republic of Texas constitution (1836) and each of the state's first four constitutions (1845, 1861, 1866, & 1869) contained a section with the same substantive language as this section.
-None.
+The most well-known quorum break involving the Texas Legislature is probably the one executed in 1979 by the so-called "Killer Bees" over a presidential primary bill. But the journals of the House and Senate document numerous other quorum breaks over the years, some more notable than others. Cf. John Brockman, "Railroads, Radicals, and the Militia Bill: A New Interpretation of the Quorum-Breaking Incident of 1870" ''The Southwestern Historical Quarterly'', 83:2 [https://www.jstor.org/stable/30238628 105] (1979).
 |recent=
-None.
+* ''In re Abbott'', 628 S.W.3d 288, [https://scholar.google.com/scholar_case?case=3792689067870385306#p291 291] (Tex. 2021) ("The question now before this Court is not whether it is a good idea for the Texas House of Representatives to arrest absent members to compel a quorum. Nor is the question whether the proposed voting legislation giving rise to this dispute is desirable. Those are political questions far outside the scope of the judicial function. The legal question before this Court concerns only whether the Texas Constitution gives the House of Representatives the authority to physically compel the attendance of absent members. We conclude that it does, and we therefore direct the district court to withdraw the TRO.")
 |historic=
 None.
+|seo_title=Featured Article: Article III, Section 10 of the Texas Constitution ("Quorum; Adjournments from Day-to-Day; Compelling Attendance")
+|seo_keywords=Article 3 Section 10, quorum breaks, members arrest
+|seo_description=Under this section, two-thirds constitutes a quorum but a smaller number may compel the attendance of absent members.
+|seo_image=Texas_Constitution_of_1876_Article_3.jpg
+|seo_image_alt=Article III: Legislative Department
 }}
 [[Category:TxCon ArtIII Sec]]