Texas Constitution:Article I, Section 7: Difference between revisions
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And recently, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2023/kp-0439.pdf KP-439] (2023), he opined that this section generally violates the Free Exercise Clause of the First Amendment. | And recently, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2023/kp-0439.pdf KP-439] (2023), he opined that this section generally violates the Free Exercise Clause of the First Amendment. | ||
Note that | Note that this section, which first appeared in a Texas Constitution in 1876, is substantively similar to Section [https://www.legislature.mi.gov/documents/historical/miconstitution1835.htm 5] of the Michigan Constitution of 1835. | ||
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Revision as of 11:47, June 22, 2025
Adopted February 15, 1876:
No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.
Editor Comments
Sections 4 through 7 of Article I, including the recently adopted Section 6-a, concern religion.
This section partially overlaps with Article VII, Section 5, which prohibits use of the permanent or available school fund to support sectarian schools.
The Texas Supreme Court has never addressed this section, which prohibits the State from using its money or property to "benefit" a religious group.
The Texas Attorney General, in Tex. Att'y Gen. Op. H-66 (1973), opined at length on the constitutionality of the Tuition Equalization Grant Program.
And recently, in Tex. Att'y Gen. Op. KP-439 (2023), he opined that this section generally violates the Free Exercise Clause of the First Amendment.
Note that this section, which first appeared in a Texas Constitution in 1876, is substantively similar to Section 5 of the Michigan Constitution of 1835.
Recent Decisions
None.
Historic Decisions
None.
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)