Hacker Chronicles 2

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CONSTITUTION OF THE STATE OF TEXAS (as amended to Aug. 1969) PREAMBLE Humbly invoking the blessings of Almighty God, the people of the State of Texas do ordain and establish this Constitu- tion. ARTICLE I BILL OF RIGHTS That the great and essential principles of liberty and free government may be recognized and established, we declare: Sec. 1. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the states. Sec. 2. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of govern- ment, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient. Sec. 3. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments or privileges but in considera- tion of public services. Sec. 4. No religious test shall ever be required as a qualification to any office or public trust in this State; Nor shall any- one be excluded from holding office on account of his relig- ious sentiments, provided he acknowledges the existence of a Supreme Being. Sec. 5. No person shall be disqualified to give evidence in any of the courts of this state on account of his religious opin- ions, or for want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury. Sec. 6. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con- sciences. No man shall be compelled to attend, erect or support any place or worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of con- science in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship. Sec. 7. No money shall be appropriated or drawn from the treasury for the benefit of any sect, or religious society, theolog- ical or religious seminary, nor shall property belonging to the State be appropriated for any such purposes. Sec. 8. Every person shall be at liberty to speak, write or publish his opinions, on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In pro- secutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases. Sec. 9. The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirm- ation. Sec. 10. In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself and shall have the right of being heard by himself or counsel, or both; shall be con- fronted by the witnesses against him and shall have compul- sory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the of- fense charged is a violation of any of the antitrust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a crimi- nal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary; in cases of impeachment and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger. Sec. 11. All prisoners shall be bailable by sufficient sureties, un- less for capital offenses, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law. Sec. 11a Any person accused of a felony less than capital in this State, who has been theretofore twice convicted of a felony, the second conviction being subsequent to the first, both in point of time of commission of the offense and conviction therefor may, after a hearing, and upon evidence substan- tially showing the guilt of the accused, be denied bail pending trial, by a judge of a court of record or magistrate in this state; provided, however, that if the accused is not accorded a trial upon the accusation within sixty (60) days from the time of his incarceration upon such charge, the order denying bail shall be automatically set aside, unless a continuance is obtained upon the motion or request of the accused; provided, further, that the right of appeal to the Court of Criminal Appeals of this state is expressly accord- ed the accused for a review of any judgement or order made hereunder. Sec. 12. The writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual. Sec. 13. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law. Sec. 14. No person, for the same offense, shall be twice put in jeo- pardy of life or liberty, nor shall a person be again put upon trial for the same offense after a verdict of not guilty in a court of competent jurisdiction. Sec. 15. The right of trial by jury shall remain inviolate. The Leg- islature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency. Provid- ed, that the Legislature may provide for the temporary com- mitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period of time not to exceed ninety (90) days, by order of the County Court without the necessity of a trial by jury. [Note: the last sentence of this Article was added in 1935] Sec. 15a No person shall be committed as a person of unsound mind except on competent medical or psychiatric testimony. The Legislature may enact all laws necessary to provide for the trial, adjudication of insanity and commitment of persons of unsound mind and to provide for a method of appeal from judgements rendered in such cases. Such laws may provide for a waiver of trial by jury, in cases where the person under inquiry has not been charged with the commission of a criminal offense, by the concurrence of the person under inquiry, or his next of kin, and an attorney ad litem appointed by a judge of either the County or Probate Court of the county where the trial is being held, and shall provide for a method of service of notice of such trial upon the person under inquiry and of his right to demand a trial by jury. [Note: added 1956] Sec. 16. No bill of attainder or ex post facto law, retroactive law, or any other law impairing the obligation of contracts, shall be made. Sec. 17. No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person; and, when taken, except for the use of the State, such compensation shall be first made or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof. Sec. 18. No person shall ever be imprisoned for debt. Sec. 19. No citizen of this State shall be deprived of life, liberty, property privileges or immunities, or in any manner disfran- chised, except by the due course of the law of the land. Sec. 20. No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same. Sec. 21. No conviction shall work corruption of blood or forfeiture of estate, and the estates of those who destroy their own lives shall descend or vest as in the case of natural death. Sec. 22. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court. Sec. 23. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legis- lature shall have power: by law, to regulate the wearing of arms, with a view to prevent crime. Sec. 24. The military shall at all times be subordinate to the civil authority. Sec. 25. No soldier shall in time of peace be quartered in the house of any citizen without the consent of the owner, nor in time of war but in a manner prescribed by law. Sec. 26. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State. Sec. 27. The citizens shall have the right, in a peaceable manner, to assemble together for their common good and apply to those invested with the powers of government for redress of griev- ances or other purposes, by petition, address or remon- strance. Sec. 28. No power of suspending laws in this State shall be exercised except by the Legislature. Sec. 29. To guard against transgressions of the high powers being delegated, we declare that everyting (sic) in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary hereto, or to the following provisions, shall be void.