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Texas Constitution art. 2 §1
In force on Sep 13, 2024 · this text took effect (date not stated) · same as today's text
SEPARATION OF POWERS OF GOVERNMENT AMONG THREE DEPARTMENTS
The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: those which are Legislative to one,† those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.
(Feb. 15, 1876.)
† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here .
History:
Source: the Legislature's file server, seen Feb 17, 2022 to Nov 08, 2026.
Every version on file
- Effective date not stated · seen Feb 2022–Nov 2026
- Effective date not stated · seen Jan 2019–Jan 2019
Attorney General opinions that cite it
- KP-0489 (Sep 13, 2024): Validity of district court orders directing state agencies to amend a person’s biological “sex” designation on state identification documents
- KP-0334 (Apr 01, 2020): Whether article II, section 1 of the Texas Constitution, relating to the separation of powers, applies to municipal government and the management of personnel
- KP-0133 (Aug 26, 2016): Whether the proposed Upper San Saba River Management Plan unlawfully delegates legislative power to a private entity
- KP-0071 (Sep 21, 2015): Constitutionality of Senate Bill 1876, relating to the appointment of attorneys ad litem, guardians ad litem, mediators, and guardians
- GA-1057 (Nov 12, 2013): Authority of a committee of the Legislature that is investigating a contemplated impeachment to punish for contempt
- GA-1000 (Oct 24, 2012): Whether article 42.12, sec. 15(h) of the Code of Criminal Procedure, which authorizes a judge to award confined defendants time credit for participation in an educational, vocational or treatment program, violates the Texas Constitution
- JM-1134: Right of appeal to the P. 0. Box 12080 Texas Racing Commission'by a Austin, Texas 78711-2080 person fined at a nonpari- mutuel racetrack, validity of regulation of nonpari-mutuel racing, and related questions JM-0961 ( 1988 ) Affirmed by
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.