Article XVI, Section 63 of the Texas Constitution

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This section was repealed April 22, 1975.

Editor Comments

The former section, added in 1954, was never amended.

It permitted the transfer of service credit between the Teacher Retirement System of Texas and the Employees Retirement System of Texas.

The clear purpose of the section was to overrule the 1951 Texas Supreme Court decision referenced below.

The ballot proposition that repealed the section consolidated provisions concerning state and local retirement systems in Article XVI, Section 67.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Farrar v. Board of Trustees of Employees Retirement Sys. of Tex., 243 S.W.2d 688, 693-94 (Tex. 1951) ("That result would not serve the dominant purpose of the Employees Amendment as above discussed, in fact, it would be antagonistic to it. And the same would be true as to the Teachers Amendment . . . . Sec. 48a of Art. III of the Constitution, supra, clearly restricts teacher retirement benefits to teachers, while Sec. 62 of Art. XVI, supra, with equal clarity restricts employee retirement benefits to employees. It follows that neither can be suffered to encroach upon the other; nor can any other retirement system be permitted to encroach upon either of them, until the Constitution is amended to permit it.")

Library Resources

Online Resources