Texas Constitution:Article I, Section 19 and Texas Constitution:Article I: Difference between pages

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{{DISPLAYTITLE:Article I, Section 19 of the Texas Constitution (''<small>"Deprivation of Life, Liberty, Property, etc. by Due Course of Law"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
{{DISPLAYTITLE:Article I of the Texas Constitution}}[[File:Texas_Constitution_of_1876_Article_1.jpg|125px|border|right|Texas Bill of Rights]]The official title of Article I is "Bill of Rights." It is commonly referred to by both the courts and commentators as the Texas Bill of Rights.


'''No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.'''
It begins: "That the general, great and essential principles of liberty and free government may be recognized and established, we declare."


|editor=
For a historical perspective on the article, review the following paper that was published in 1958: [https://texashistory.unt.edu/ark:/67531/metapth101173/m1/554/ ''Origins of the Texas Bill of Rights''].


This section is similar to the due-process clause contained in the Fourteenth Amendment to the federal constitution ("nor shall any State deprive any person of life, liberty, or property, without due process of law").
Article I originally had twenty-nine sections. Twelve sections have been added. None of the original or added sections have been repealed.


The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0308.pdf#page=2 KP-308] (2020), opined that: "While the Texas and federal Constitutions differ in that Texas refers to 'due course' rather than 'due process,' Texas courts regard these terms as without substantive distinction unless and until a party demonstrates otherwise."
The article's original sections do not have official titles. Of the added sections, only Section 30 (''"Rights of Crime Victims"'') has an official title.


The foregoing assertion by the Texas Attorney General is generally correct concerning "procedural" due process. However, the state's "substantive" due process jurisprudence does not duplicate federal standards.
Therefore, in general, the section titles that appear in various publications have been assigned over the years by the different publishers.


|other=
On TLG, each section of the state constitution has its own page:


None.
*[[Texas Constitution:Article I, Section 1|<span title="Freedom and Sovereignty of State">Article I, Section 1 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 2|<span title="Inherent Political Power; Republican Form of Government">Article I, Section 2 of the Texas Constitution</span>]]
|recent=
*[[Texas Constitution:Article I, Section 3|<span title="Equal Rights Provision">Article I, Section 3 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 3-a|<span title="Equal Rights Amendment">Article I, Section 3-a of the Texas Constitution</span>]]
* ''Texas Dep't of State Health Servs. v. Crown Distributing LLC'', 647 S.W.3d 648, [https://scholar.google.com/scholar_case?case=17653902673364512620#p664 664-65] (Tex. 2022) (J. Young, concurring) ("The Court today 'conclude[s] that the due-course clause does not protect the interest that the plaintiffs assert,' ''ante'' at 2, 125 S.Ct. 2195, and I agree. But what ''does'' that clause protect—and how does it do so? We still do not really know, even as we approach . . . . To that end, in Part II, I explain why I believe that our precedents do not go much beyond what has permeated most of our jurisprudence: the unadorned assertion that the Texas due-course clause is essentially the twin (the junior twin, to be sure) of the federal due-process clause.")
*[[Texas Constitution:Article I, Section 4|<span title="Religious Tests">Article I, Section 4 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 5|<span title="Witnesses Not Disqualified by Religious Beliefs; Oaths and Affirmations">Article I, Section 5 of the Texas Constitution</span>]]
* ''Mosley v. Texas Health & Human Services Comm'n'', 593 S.W.3d 250, [https://scholar.google.com/scholar_case?case=15370415983701477665#p265 265] (Tex. 2019) ("We measure what process is due under a 'flexible standard' that depends on 'the practical requirements of the circumstances.' ''Id''. This standard includes three factors: (1) the private interest that will be affected by the official action; (2) the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and (3) the government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. ''Id''.")
*[[Texas Constitution:Article I, Section 6|<span title="Freedom of Worship">Article I, Section 6 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 6-a|<span title="Religious Service Protections">Article I, Section 6-a of the Texas Constitution</span>]]
* ''Patel v. Texas Dep't of Licensing & Reg.'', 469 S.W.3d 69, [https://scholar.google.com/scholar_case?case=7017811002225614343#p91 91] (Tex. 2015) (citation omitted) ("[T]he Chief Justice refers to rediscovering and unleashing 'the ''Lochner'' monster' if legislative enactments are measured against a standard other than the rational relationship standard. But as discussed above, Texas courts, including this Court, have expressed and applied various standards for considering as-applied substantive due process claims for over a century. And it is those decisions on which the standards we set out today are based. Surely if those cases represented a 'monster' running amuck in Texas, this Court would have long ago decisively dealt with it.")
*[[Texas Constitution:Article I, Section 7|<span title="Appropriations for Sectarian Purposes">Article I, Section 7 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 8|<span title="Freedom of Speech">Article I, Section 8 of the Texas Constitution</span>]]
* ''Klumb v. Houston Mun. Emps. Pension Sys.'', 458 S.W.3d 1, [https://scholar.google.com/scholar_case?case=5024006811308680141#p15 15] (Tex. 2015) (citations omitted) ("Before any substantive or procedural due-process rights attach, however, the Petitioners must have a liberty or property interest that is entitled to constitutional protection. A constitutionally protected right must be a vested right, which is <nowiki>'</nowiki>'something more than a mere expectancy based upon an anticipated continuance of an existing law.'<nowiki>'</nowiki> The court of appeals held, and we agree, that the Petitioners' due-course claims are facially invalid because the Petitioners have no vested property right to the pension-plan contributions and future retirement benefits at issue.")
*[[Texas Constitution:Article I, Section 9|<span title="Searches and Seizures">Article I, Section 9 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 10|<span title="Rights of Accused in Criminal Prosecutions">Article I, Section 10 of the Texas Constitution</span>]]
* ''Perry v. Del Rio'', 67 S.W.3d 85, [https://scholar.google.com/scholar_case?case=7715699698971836172#p92 92] (Tex. 2001) (citations omitted) ("The Texas Constitution . . . . We have recognized that our due course of law provision at a minimum requires notice and an opportunity to be heard at a meaningful time and in a meaningful manner. And, under certain circumstances, the right to be heard assures a full hearing before a court having jurisdiction over the matter, the right to introduce evidence at a meaningful time and in a meaningful manner, and the right to judicial findings based upon that evidence. This right also includes an opportunity to cross-examine witnesses, to produce witnesses, and to be heard on questions of law.")
*[[Texas Constitution:Article I, Section 11|<span title="Bail">Article I, Section 11 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 11-a|<span title="Denial of Bail after Multiple Felonies">Article I, Section 11-a of the Texas Constitution</span>]]
|historic=
*[[Texas Constitution:Article I, Section 11-b|<span title="Denial of Bail for Violation of Condition of Release">Article I, Section 11-b of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 11-c|<span title="Denial of Bail for Violation of Protective Order Involving Family Violence">Article I, Section 11-c of the Texas Constitution</span>]]
* ''University of Texas Medical School at Houston v. Than'', 901 S.W.2d 926, [https://scholar.google.com/scholar_case?case=15343094571363495286#p929 929] (Tex. 1995) (citations omitted) ("While the Texas Constitution is textually different in that it refers to 'due course' rather than 'due process,' we regard these terms as without meaningful distinction. As a result, in matters of procedural due process, we have traditionally followed contemporary federal due process interpretations of procedural due process issues. Although not bound by federal due process jurisprudence in this case, we consider federal interpretations of procedural due process to be persuasive authority in applying our due course of law guarantee.")
*[[Texas Constitution:Article I, Section 12|<span title="Habeas Corpus">Article I, Section 12 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 13|<span title="Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts; Due Course of Law">Article I, Section 13 of the Texas Constitution</span>]]
* ''In re J.W.T.'', 872 S.W.2d 189, [https://scholar.google.com/scholar_case?case=16303537001961127537#p221 221] (Tex. 1994) (J. Cornyn, dissenting) ("An appellate court's identification in its opinion of an established . . . . In this case, however, under the guise of an independent state constitutional interpretation, the court 1) disregards contrary precedent by the United States Supreme Court; 2) eschews our traditional constitutional analysis and creates a new constitutional right nowhere found in the text of the Texas Constitution or its history; 3) revives substantive due process in a particularly arbitrary new form; and 4) fails to identify and consider any of the substantial countervailing state interests reflected in these statutes.")
*[[Texas Constitution:Article I, Section 14|<span title="Double Jeopardy">Article I, Section 14 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 15|<span title="Right of Trial by Jury">Article I, Section 15 of the Texas Constitution</span>]]
* ''Texas Power & Light Co. v. City of Garland'', 431 S.W.2d 511, [https://scholar.google.com/scholar_case?case=9341782243928193175#p527 527] (Tex. 1968) (C.J. Calvert, dissenting) ("Pervading the majority opinion dealing with these sections is a basic philosophy that when a municipality puts in a public utility of its own, with a private utility franchise then outstanding or thereafter granted, the two enterprises must be permitted to enter into a dog-eat-dog, survival of the fittest competition for customers, with the prize of survival going to the one with the greater resources and ability to absorb losses for a longer period of time. In my opinion, the philosophy is unsound. It was condemned long ago by the United States Court of Appeals, [].")
*[[Texas Constitution:Article I, Section 15-a|<span title="Commitment of Persons of Unsound Mind">Article I, Section 15-a of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 16|<span title="Bills of Attainder; Ex Post Facto or Retroactive Laws; Impairing Obligation of Contracts">Article I, Section 16 of the Texas Constitution</span>]]
* ''State v. Richards'', 301 S.W.2d 597, [https://scholar.google.com/scholar_case?case=1473384419797643914#p602 602] (Tex. 1957) ("The line where the police power of the state encounters the barrier of substantive due process is not susceptible of exact definition. As a general rule the power is commensurate with, but does not exceed, the duty to provide for the real needs of the people in their health, safety, comfort and convenience as consistently as may be with private property rights. The guarantee of due process does not deprive . . . . A large discretion is necessarily vested in the Legislature to determine not only what the interests of the public require, but what measures are necessary for the protection of such interests.")
*[[Texas Constitution:Article I, Section 17|<span title="Taking Property for Public Use; Grant of Special Privileges and Immunities">Article I, Section 17 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 18|<span title="Imprisonment for Debt">Article I, Section 18 of the Texas Constitution</span>]]
* ''Ex parte Sizemore'', 8 S.W.2d 134, [https://texaslegalguide.com/images/008_SW2_134.pdf#page=2 135-36] (Tex.Crim.App. 1928) ("Section 19 of our Bill of Rights . . . . Provisions similar to those quoted in our state Constitution have been a part of Anglo-Saxon jurisprudence since there was wrung from the unwilling hands of King John at Runnymede in 1215 the Magna Charta, which itself provides that a freeman shall not be passed upon or condemned but 'by the lawful judgment of his peers and the law of the land.' 'Law of the land' has the same legal meaning as 'due process of law,' and one of its accepted meanings is that quoted above. In re Jilz, 3 Mo. App. 243; 3 Words and Phrases, First Series, pp. 2227-2232.")
*[[Texas Constitution:Article I, Section 19|<span title="Deprivation of Life, Liberty, Property, etc. by Due Course of Law">Article I, Section 19 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 20|<span title="Outlawry or Transportation Out of State for Offense">Article I, Section 20 of the Texas Constitution</span>]]
* ''Stockwell v. State'', 221 S.W. 932, [https://texaslegalguide.com/images/221_SW_932.pdf#page=4 935] (Tex. 1920) ("Viewing the powers given the Commissioner by this statute and his attempted exercise of them here, the inquiry naturally arises as to what are the rights of the defendant if the Commissioner was mistaken in his judgment that citrus canker was . . . . Under the contest made by his pleading, before the property of the defendant could be summarily destroyed, he was entitled to a judicial hearing and decision as to whether it ought to be destroyed. As applied to such a case, nothing less would amount to due process of law, without which the Bill of Rights declares no citizen shall be deprived of his property.")
*[[Texas Constitution:Article I, Section 21|<span title="Corruption of Blood; Forfeiture of Estate; Suicides">Article I, Section 21 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 22|<span title="Treason Against State">Article I, Section 22 of the Texas Constitution</span>]]
* ''Griner v. Thomas'', 104 S.W. 1058, [https://texaslegalguide.com/images/104_SW_1058.pdf#page=3 1060] (Tex. 1907) ("To the contention that suspension without notice is a deprivation of property without due process, the answer is that such property right in an office as the holder has is qualified by all pre-existing valid laws which provide for its suspension or termination, and hence the application of remedies so provided for does not unduly deprive him of any property. Trigg v. State, 49 Tex. 669. Whether the suspension of the relator's functions took effect at once upon the making of the order, or, as contended by him, only when he received notice of it, is a question which cannot affect this proceeding to vacate the order.")
*[[Texas Constitution:Article I, Section 23|<span title="Right to Keep and Bear Arms">Article I, Section 23 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 24|<span title="Military Subordinate to Civil Authority">Article I, Section 24 of the Texas Constitution</span>]]
* ''Armstrong v. Traylor'', 30 S.W. 440, [https://texaslegalguide.com/images/030_SW_440.pdf#page=2 441] (Tex. 1895) ("Under the provisions of these articles, the interested party is authorized to determine the question of a trespass having been committed by the stock. It is not provided that this question shall be inquired into by any other person or officer. . . . There is no hearing, no inquiry, and no trial before judgment; no officer to sell the property, nor process under which sale is to be made; nothing that bears the faintest resemblance to a judicial proceeding. Such a law affords no security to the owner of the stock. It is not due process of law, and the property is not sold 'by the due course of the law of the land.'")
*[[Texas Constitution:Article I, Section 25|<span title="Quartering Soldiers in Houses">Article I, Section 25 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 26|<span title="Perpetuities and Monopolies; Primogeniture or Entailments">Article I, Section 26 of the Texas Constitution</span>]]
* ''Union Cent. Life Ins. Co. v. Chowning'', 26 S.W. 982, [https://texaslegalguide.com/images/026_SW_982.pdf#page=3 984] (Tex. 1894) ("Mr. Cooley, in his work on Constitutional Limitations, adopts, as the best definition, that given by Mr. Webster in the Dartmouth College Case, of the term 'due course of the law of the land,' which is: 'By the 'law of the land' is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.' A law which is enacted by the legislature in the exercise of its constitutional powers, and which affords a hearing before it condemns, and renders judgment after trial, is not in violation of this provision of the constitution.")
*[[Texas Constitution:Article I, Section 27|<span title="Right of Assembly; Petition for Redress of Grievances">Article I, Section 27 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 28|<span title="Suspension of Laws">Article I, Section 28 of the Texas Constitution</span>]]
* ''Mellinger v. City of Houston'', 3 S.W. 249, [https://texaslegalguide.com/images/003_SW_249.pdf#page=5 253] (Tex. 1887) ("[I]t must be held that the people intended, by [Article I, Section 19], in so far as it is identical with the fourteenth amendment, to place thereby just such restrictions on the powers of the legislature as the highest court in the nation has declared is the true construction of like language made a part of the constitution of the United States for the purpose of placing a limitation on the power of the legislatures of the several states. As construed, that section of the constitution only forbids the making of laws retroactive in effect, whereby title to property which had vested under former laws would be divested.")
*[[Texas Constitution:Article I, Section 29|<span title="Bill of Rights Excepted from Powers of Government and Inviolate">Article I, Section 29 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 30|<span title="Rights of Crime Victims">Article I, Section 30 of the Texas Constitution</span>]]
* ''Manning v. San Antonio Club'', 63 Tex. 166, [https://texaslegalguide.com/images/063_Tex_166.pdf#page=6 171] (1884) ("Appellant does not pretend that, in his expulsion, the board of directors violated in any way the by-laws of the club. But he insists that . . . . These guaranties were mainly intended to protect the citizen against oppression by the government; but they do not protect him against himself or against his own agreements. When, therefore, persons enter into organizations for purposes of social intercourse or pleasure or amusement, and lay down rules for their government, these must form the measure of their rights in the premises, and it is vain to appeal to the Bill of Rights against their own agreements.")
*[[Texas Constitution:Article I, Section 31|<span title="Use of Crime Victim Funds">Article I, Section 31 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 32|<span title="Marriage">Article I, Section 32 of the Texas Constitution</span>]]
* ''Janes v. Reynolds' Adm'rs'', 2 Tex. 250, [https://texaslegalguide.com/images/002_Tex_250.pdf#page=2 252] (1847) ("They are now, in their most usual acceptation, regarded as general public laws . . . . Whatever may be the meaning of the terms 'laws of the land,' or 'due course of the law of the land,' they have never been held to enjoin in all cases a trial by jury as a requisite indispensable to the validity of a judgment. That a party should have notice and an opportunity of being heard in his defense, and the right of trying disputed facts by a jury, are cardinal principles of the common law; but there are many exceptions in which one or two of these privileges were never enjoined, or may be regarded as renounced by the defendant.")
*[[Texas Constitution:Article I, Section 33|<span title="Public Access to and Use of Public Beaches">Article I, Section 33 of the Texas Constitution</span>]]
 
*[[Texas Constitution:Article I, Section 34|<span title="Right to Hunt, Fish, and Harvest Wildlife">Article I, Section 34 of the Texas Constitution</span>]]
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*[[Texas Constitution:Article I, Section 35|<span title="Right of Certain Facility Residents to Designate Essential Caregiver">Article I, Section 35 of the Texas Constitution</span>]]
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<!--*[[Texas Constitution:Article I, Section 36|<span title="Right to Engage in Certain Farm, Ranch, etc. Practices">Article I, Section 36 of the Texas Constitution</span>]]-->
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[[Category:Texas Constitution]]
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Revision as of 08:39, July 18, 2023

Texas Bill of Rights

The official title of Article I is "Bill of Rights." It is commonly referred to by both the courts and commentators as the Texas Bill of Rights.

It begins: "That the general, great and essential principles of liberty and free government may be recognized and established, we declare."

For a historical perspective on the article, review the following paper that was published in 1958: Origins of the Texas Bill of Rights.

Article I originally had twenty-nine sections. Twelve sections have been added. None of the original or added sections have been repealed.

The article's original sections do not have official titles. Of the added sections, only Section 30 ("Rights of Crime Victims") has an official title.

Therefore, in general, the section titles that appear in various publications have been assigned over the years by the different publishers.

On TLG, each section of the state constitution has its own page:

Retrieved from "https://texaslegalguide.com/index.php?title=Texas_Constitution:Article_I,_Section_19&oldid=4842"