What Article 1 Is
Article 1 of the Texas Constitution is the Texas Bill of Rights. It opens with a single line: "That the general, great and essential principles of liberty and free government may be recognized and established, we declare:" Every section that follows is part of that declaration.
Article 1 has 44 sections. Thirty-seven are numbered 1 through 37. Seven more were added later and carry letters: 3a, 6-a, 11a, 11b, 11c, 11d, and 15-a. Most of the numbered sections date to the adoption of the constitution on February 15, 1876. The rest were added by amendments that voters approved, the most recent on November 4, 2025.
This guide describes what each section says. Where a section's wording matters, the guide quotes it. Courts decide how the sections apply in a given case, and Section 1 makes Texas subject to the Constitution of the United States.
Government and Equal Rights
Section 1. Freedom and sovereignty of state. Describes Texas as "a free and independent State, subject only to the Constitution of the United States." It says free institutions and the Union depend on preserving the right of local self-government for all the states.
Section 2. Inherent political power. All political power belongs to the people, and free governments rest on their authority and exist for their benefit. Texans are pledged to a republican form of government, and within that limit they keep the right to "alter, reform or abolish their government."
Section 3. Equal rights. Everyone who joins in the social compact has equal rights. No person or group is entitled to exclusive public payments or privileges except in return for public service. The original 1876 wording, "All freemen," remains in the text.
Section 3a. Equality under the law. Equality under the law may not be denied or limited because of sex, race, color, creed, or national origin. It takes effect on its own without a law to carry it out. Added in 1972.
Religion
Section 4. Religious tests. No religious test may be required to hold public office. The section adds that no one may be excluded from office for religious beliefs, "provided he acknowledge the existence of a Supreme Being."
Section 5. Witnesses and oaths. No one may be barred from testifying in court because of religious opinions or lack of religious belief. Oaths and affirmations are given in the form most binding on the person's conscience, under penalty of perjury.
Section 6. Freedom of worship. Every person has a natural right to worship according to conscience. No one can be forced to attend or support a place of worship or a ministry. No law may give preference to any religious group, and the Legislature must protect every denomination's peaceful worship equally.
Section 6-a. Religious services. The state and local governments may not issue any law, order, or rule that prohibits or limits religious services, including services in churches and other places of worship. Added in 2021.
Section 7. No public money for religion. No public money or state property may be used for the benefit of any religious group or religious seminary.
Speech, Press, Assembly, and Petition
Section 8. Freedom of speech and press. Every person may express opinions on any subject, in speech or in print, and is responsible for abusing that freedom. No law may restrict freedom of speech or of the press. When someone is prosecuted for publishing about public officials or matters of public concern, the truth of what was published may be offered as evidence. In a criminal libel case, the jury decides both the law and the facts under the court's direction.
Section 27. Assembly and petition. Citizens may gather peacefully for the common good and may petition government officials to address grievances.
Searches and Trials
Section 9. Searches and seizures. People are protected against unreasonable searches and seizures of their persons, houses, papers, and possessions. A warrant must describe what is to be searched or seized as closely as possible and must rest on probable cause supported by oath or affirmation.
Section 10. Rights of the accused. A person accused of a crime has the right to:
- a speedy public trial by an impartial jury;
- be told the nature of the charge and get a copy of it;
- not be forced to give evidence against himself;
- be heard in person, through a lawyer, or both;
- confront the witnesses against him;
- compel witnesses to appear in his favor.
In state antitrust cases where a witness lives outside Texas, both sides may use deposition evidence. No one may be made to answer a criminal charge without a grand jury indictment. The exceptions are offenses punished only by a fine or by confinement outside the penitentiary, impeachments, and cases in the armed forces or the militia during war or public danger.
Section 12. Habeas corpus. The writ of habeas corpus is a right and may never be suspended. The Legislature must make the remedy quick and effective.
Section 14. Double jeopardy. No one may be put in jeopardy twice for the same offense, or tried again for the same offense after a verdict of not guilty.
Section 15. Trial by jury. The right to a jury trial "shall remain inviolate," and the Legislature regulates juries. A county court may order a person who is mentally ill, and not charged with a crime, held for observation or treatment for up to 90 days without a jury trial.
Section 15-a. Commitment for mental illness. No one may be committed as a person of unsound mind except on competent medical or psychiatric testimony. The Legislature sets the procedures, including appeals. A jury may be waived only in cases with no criminal charge, and only with the agreement of the person, or the next of kin, and a court-appointed attorney. Added in 1956.
Bail
Section 11. Right to bail. Every prisoner may be released on sufficient bail, except in capital cases when the proof is evident.
Section 11a. Repeat felony offenders. A district judge may deny bail before trial, after a hearing, to a person accused of a felony who:
- has two prior felony convictions;
- is accused of committing a felony while on bail for an earlier indicted felony;
- is accused of a felony involving a deadly weapon after a prior felony conviction;
- is accused of a violent or sexual offense committed while under supervision for an earlier felony.
The order must be issued within seven days after the person is jailed. If the person is not brought to trial within 60 days, the order is set aside unless the accused asked for a delay. The accused may appeal to the Court of Criminal Appeals, which must give the appeal priority. Added in 1956 and amended since.
Section 11b. Violating a condition of release. A person accused of a felony or a family violence offense, whose bail is revoked for violating a release condition related to the safety of the victim or the community, may be denied bail if a judge finds the violation by a preponderance of the evidence. Added in 2005.
Section 11c. Violating a family violence protective order. The Legislature may allow a person who violates a family violence emergency protection order or protective order to be held without bail, after a hearing, if a judge finds the violation by a preponderance of the evidence. Added in 2007.
Section 11d. Denial of bail for certain violent offenses. This section covers people accused of murder, capital murder, certain aggravated assaults, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, or continuous trafficking of persons. After a hearing, bail must be denied if the state shows either of these:
- by a preponderance of the evidence, that bail would not reasonably prevent the person from deliberately failing to appear in court;
- by clear and convincing evidence, that bail would not reasonably protect the community, law enforcement, and the victim.
A judge who grants bail in one of these cases must set only the conditions needed for those purposes and write an order explaining the decision. The accused has the right to a lawyer at the hearing. Added in 2025.
Section 13. Excessive bail and open courts. Bail and fines may not be excessive, and punishment may not be cruel or unusual. All courts must be open, and every person injured in land, goods, person, or reputation must have a remedy by due course of law.
Property and Contracts
Section 16. Retroactive laws. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts may be passed.
Section 17. Taking of property. Government may not take, damage, or destroy a person's property for public use without adequate compensation, unless the owner consents. A taking is allowed only for use by the state, a local government, the public, or an entity with the power of eminent domain, or to eliminate urban blight on a particular parcel. "Public use" does not include taking property to hand it to a private party mainly for economic development or higher tax revenue. Since January 1, 2010, a law granting the power of eminent domain needs a two-thirds vote of all members of each house. Except when the state itself takes property, compensation must be paid or secured first. The section also bars irrevocable grants of special privileges. Amended in 2009.
Section 18. No imprisonment for debt. No person may ever be jailed for debt.
Section 26. Perpetuities and monopolies. Perpetuities and monopolies "are contrary to the genius of a free government" and are never allowed. The old inheritance rules of primogeniture and entailment may never be in force in Texas.
Due Course of Law and Punishment
Section 19. Due course of law. No citizen may be deprived of life, liberty, property, privileges, or immunities, or lose the right to vote, except by "the due course of the law of the land."
Section 20. No outlawry or exile. No citizen may be outlawed, and no one may be sent out of Texas as punishment for a crime committed here. Texas may still agree with another state to house Texas inmates there. Amended in 1985.
Section 21. No forfeiture of estate. A criminal conviction may not cause "corruption of blood" or forfeiture of the person's estate. The estate of a person who dies by suicide passes the same way as after a natural death.
Section 22. Treason against the state. Treason against Texas means only making war against it or aiding its enemies. A conviction requires two witnesses to the same overt act, or a confession in open court.
Arms and the Military
Section 23. Right to keep and bear arms. Every citizen has the right to keep and bear arms in lawful defense of himself or the state. The Legislature may regulate the wearing of arms to prevent crime.
Section 24. Military under civil authority. The military is always subordinate to civil authority.
Section 25. Quartering soldiers. In peacetime, no soldier may be housed in a private home without the owner's consent. In wartime, it may happen only as the law provides.
Limits on Government
Section 28. Suspending laws. Only the Legislature may suspend a law.
Section 29. The Bill of Rights is inviolate. Everything in the Bill of Rights is "excepted out of the general powers of government" and "shall forever remain inviolate." Any law contrary to it is void.
Rights Added by Amendment
Voters have added eight sections at the end of Article 1 since 1989.
Section 30. Rights of crime victims (1989). A crime victim has the right to be treated with fairness and respect for dignity and privacy, and to be reasonably protected from the accused. On request, a victim has the right to:
- notice of court proceedings;
- be present at public court proceedings, unless the court finds the victim's testimony would be affected;
- confer with the prosecutor's office;
- restitution;
- information about the conviction, sentence, imprisonment, and release of the accused.
The state, through its prosecutor, may enforce these rights. A victim may also enforce them but does not become a party to the criminal case. A defendant may not use a failure to provide these rights as grounds for appeal.
Section 31. Crime victims' compensation funds (1997). The two state funds for compensating crime victims are dedicated accounts. Their money may be spent only to help crime victims. If other emergency money runs out, the Legislature may allow it to help victims of mass violence.
Section 32. Marriage (2005). The text defines marriage in Texas as "only the union of one man and one woman" and bars the state and local governments from creating or recognizing a legal status identical or similar to marriage.
Section 33. Public beaches (2009). The public has an unrestricted right to use public beaches on the Gulf of Mexico and to get to and from them. That right is a permanent public easement. The Legislature may pass laws to protect it. The section does not let private persons sue to enforce it.
Section 34. Hunting, fishing, and wildlife (2015). The people have the right to hunt, fish, and harvest wildlife, including by traditional methods, subject to laws that conserve wildlife. Hunting and fishing are the preferred ways of managing wildlife. The section does not change trespass law, property rights, eminent domain, or the Legislature's power to let cities regulate firing weapons in populated areas.
Section 35. Essential caregivers (2021). A resident of a nursing facility, assisted living facility, intermediate care facility for individuals with an intellectual disability, home and community-based services residence, or state supported living center may name an essential caregiver. The facility may not ban in-person visits from that caregiver. The Legislature may set guidelines for these visits.
Section 36. Agricultural practices (2023). People have the right to use generally accepted farm, ranch, timber, horticulture, and wildlife management practices on land they own or lease. The Legislature may still allow regulation in limited cases, such as protecting public health and safety from imminent danger or conserving the state's natural resources.
Section 37. Parental rights (2025). A parent has the responsibility to nurture and protect the parent's child and the fundamental right to exercise care, custody, and control of the child, including decisions about the child's upbringing.
How Article 1 Is Amended
Article 1 is amended the same way as the rest of the Texas Constitution, under Article 17, Section 1.
- The Legislature proposes the amendment as a joint resolution, in a regular session or in a special session that includes the subject.
- Two-thirds of all members elected to each house must vote for it.
- The secretary of state writes an explanatory statement, approved by the attorney general, which is published twice in qualifying newspapers before the election. The full text is posted at each county courthouse at least 30 days before the election.
- Voters decide at an election on a date the Legislature sets. If a majority of the votes cast favor the amendment, it becomes part of the constitution, and the governor proclaims it.
Article 1 has changed this way many times. Section 11d and Section 37 were both added by voters on November 4, 2025. Section 36 was added on November 7, 2023. For the full process and the record of past amendments, see Amending the Texas Constitution.