Article I, Section 7 of the Texas Constitution ("Appropriations for Sectarian Purposes")

Adopted February 15, 1876:

No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.

Editor Comments

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

This section partially overlaps with Article VII, Section 5, which prohibits use of the permanent or available school fund to support sectarian schools.

The Texas Supreme Court has never addressed this section, which prohibits the State from using its money or property to "benefit" a religious group.

The Texas Attorney General, in Tex. Att'y Gen. Op. H-66 (1973), opined at length on the constitutionality of the Tuition Equalization Grant Program.

And recently, in Tex. Att'y Gen. Op. KP-439 (2023), he opined that this section generally violates the Free Exercise Clause of the First Amendment.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Online Resources