Texas Constitution:Article III, Section 2: Difference between revisions

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Note that in 1965 an amendment to this section increasing the size of the Senate to thirty-nine members was defeated with roughly 61% voting against the [https://lrl.texas.gov/scanned/sessionLaws/59-0/SJR_44.pdf amendment].
In 1965, an amendment increasing the Senate to thirty-nine members was defeated with 61% voting against [https://lrl.texas.gov/scanned/Constitutional_Amendments/Amendments59_tlc_1965-09-07.pdf#page=13 it].


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This section has been amended once. The 1999 modification was part of a "constitutional cleanup amendment."
 
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* ''Ferguson v. Wilcox'', 28 S.W.2d 526, [https://texaslegalguide.com/images/028_SW2_526.pdf#page=9 534] (Tex. 1930) ("[T]he Senate in the trial and conviction of relator acted as a court, and not as a part of the Legislature. Those powers were given to it expressly by the Constitution. Its judgment of removal and disqualification was the judgment of a court. Constitution, art. 15, §§ 3 and 4; Ferguson v. Maddox, supra; Kilbourn v. Thompson, 103 U.S. 168 []; Beall v. Beall, 8 Ga. 210, 228. By the plain provisions of article 2, § 1, no other department could exercise any power properly attached to it, and no other power, without an express provision of the Constitution authorizing it, could render its judgment of disqualification nugatory.")
* ''Ferguson v. Wilcox'', 28 S.W.2d 526, [https://texaslegalguide.com/images/028_SW2_526.pdf#page=9 534] (Tex. 1930) ("[T]he Senate in the trial and conviction of relator acted as a court, and not as a part of the Legislature. Those powers were given to it expressly by the Constitution. Its judgment of removal and disqualification was the judgment of a court. Constitution, art. 15, §§ 3 and 4; Ferguson v. Maddox, supra; Kilbourn v. Thompson, 103 U.S. 168 []; Beall v. Beall, 8 Ga. 210, 228. By the plain provisions of article 2, § 1, no other department could exercise any power properly attached to it, and no other power, without an express provision of the Constitution authorizing it, could render its judgment of disqualification nugatory.")


|seo_title=Article III, Section _ of the Texas Constitution (" ... ")
|seo_title=Article III, Section 2 of the Texas Constitution ("Membership of Senate and House of Representatives")
|seo_keywords=Article 3 Section _, Texas Legislature, ...
|seo_keywords=Article 3 Section 2, number of Senators, number of Representatives
|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
|seo_description=The Texas Senate has thirty-one members and the Texas House of Representatives has 150 members.
|seo_image=Texas_Constitution_of_1876_Article_3.jpg
|seo_image=Texas_Constitution_of_1876_Article_3.jpg
|seo_image_alt=Article III: Legislative Department
|seo_image_alt=Article III: Legislative Department

Latest revision as of 19:06, July 29, 2023

As amended November 2, 1999:

The Senate shall consist of thirty-one members. The House of Representatives shall consist of 150 members.

Editor Comments

In 1965, an amendment increasing the Senate to thirty-nine members was defeated with 61% voting against it.

This section has been amended once. The 1999 modification was part of a "constitutional cleanup amendment."

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Ferguson v. Wilcox, 28 S.W.2d 526, 534 (Tex. 1930) ("[T]he Senate in the trial and conviction of relator acted as a court, and not as a part of the Legislature. Those powers were given to it expressly by the Constitution. Its judgment of removal and disqualification was the judgment of a court. Constitution, art. 15, §§ 3 and 4; Ferguson v. Maddox, supra; Kilbourn v. Thompson, 103 U.S. 168 []; Beall v. Beall, 8 Ga. 210, 228. By the plain provisions of article 2, § 1, no other department could exercise any power properly attached to it, and no other power, without an express provision of the Constitution authorizing it, could render its judgment of disqualification nugatory.")

Library Resources

Online Resources

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