Article VII, Section 10 of the Texas Constitution
Adopted February 15, 1876:
The legislature shall as soon as practicable establish, organize and provide for the maintenance, support and direction of a University of the first class, to be located by a vote of the people of this State, and styled, "The University of Texas," for the promotion of literature, and the arts and sciences, including an Agricultural, and Mechanical department.
Editor Comments
The University of Texas at Austin became operational in 1883. Cf. John J. Lane, History of Education in Texas (Washington D.C. 1903), p.124 ("[T]he seventeenth legislature solved the question by submitting it to a vote of the people. The vote resulted in favor of locating the main establishment at Austin and the medical branch at Galveston; and what had been so long known as College Hill was naturally accepted as the site for the buildings of the parent institution.").
Recent Decisions
None.
Historic Decisions
- Foley v. Benedict, 55 S.W.2d 805, 810 (Tex. 1932) ("The Legislature of this state having lodged the power with the board of regents to enact rules and regulations as may be necessary for the successful management and government of the University, they shall have power to adopt such rules and to regulate the course of instruction . . . . That authority rests with the board of regents and the faculty as provided for by statute; and, if a change or modification is desired in the rules and regulations, it is a matter for the consideration of the Legislature. The courts will not interfere therewith in the absence of a clear showing that they have acted arbitrarily or have abused the authority vested in them.")
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)