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ARTICLE III.

LEGISLATIVE DEPARTMENT.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

SECTION I. The legislative power of this state shall be vested in a senate and house of representatives, which together shall be styled "The Legislature of the State of Texas."

Act of 1883, authorizing the commissioners court to order an election, for one or more public weighers, if it deems necessary, is not a delegation of legislative power as to whether such office shall exist. The commissioners court had the right to put the law in force. The law having been made by the legislature. Johnson v. Martin, 75 T., 33, 12 S. W. R., 321.

While the legislature can not delegate its power to make laws by submitting the question of its enactment to popular vote; it can confer a power on a municipality and authorize its adoption or rejection by the voters of the municipalities. Id.

Act of the legislature giving commissioners court power to create the office of county superintendant, is not a delegation of legislative powers. Stamfield v. St., 83 T., 320, 18 S. W. R., 577.

The legislature and not the commissioners court made the law giving the commissioners court power to create the office. The court created the office in pursuance of the law. But because it exercised power under the law, it can not be said that it made the law. Id.

Act authorizing cities and towns to take control of the public schools is not a delegation of legislative

power. Werner v. City of Galveston, 67 T., 62, 2 S. W. R., 742.

It would not be a delegation of legislative powers for the legislature to declare that a certain territory should not be annexed to a municipality, unless a majority of the persons in that municipality should assent. Graham v. City of Greenville, 62 T., 61, 2 S. W. R., 742.

Statute providing that the county treasurers commission shall be fixed by the commissioners court is not a delegation of legislative power. Staples v. Llano county, 23 S. W. R., 569.

The power of the legislature to grant, alter, amend or recall a charter can not be transferred to any local community. Blessing v. City of Galveston, 42 T., 641.

Legislature powers can not be transferred to the executive department. Willis v. Owens, 43 T., 43.

Laws in this state can only be made by the legislature, and it has no power to delegate to any board or other department of the government the power to annul laws enacted by it. Chancey v. St., 84 T., 529.

SEC. 2. The senate shall consist of thirty-one members, and shall never be increased above this number. The house of representatives shall consist of ninety-three members until the first apportionment after the adoption of this constitution, when, or at any apportionment thereafter, the number of representatives may be increased by the legislature, upon the ratio of not more than one representative for every fifteen thousand inhabitants; provided, the number of representatives shall never exceed one hundred and fifty.

SEC. 3. The senators shall be chosen by the qual

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ified electors for the term of four years; but a new senate shall be chosen after every apportionment, and the senators elected after each apportionment shall be divided by lot into two classes. The seats of the senators of the first class shall be vacated at the expiration of the first two years, and those of the second class at the expiration of four years, so that one-half of the senators shall be chosen biennially thereafter.

SEC. 4. The members of the house of representatives shall be chosen by the qualified electors, and their term of office shall be two years from the day of their election.

SEC. 5. The legislature shall meet every two years, at such time as may be provided by law, and at other times when convened by the governor.

SEC. 6. No person shall be a senator unless he be a citizen of the United States, and at the time of his election a qualified elector of this state, and shall have been a resident of this state five years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-six years.

SEC. 7. No person shall be a representative un

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