U.S. Pastor Council v. City Of Austin et al
Filing
1
COMPLAINT ( Filing fee $ 400 receipt number 0542-11314400), filed by U.S. Pastor Council. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Civil Cover Sheet)(Mitchell, Jonathan)
THE TEXAS CONSTITUTION
ARTICLE 1. BILL OF RIGHTS
That the general, great and essential principles of liberty and free
government may be recognized and established, we declare:
Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. 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.
INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT.
All political power is inherent in the people,
are founded on their authority, and instituted
faith of the people of Texas stands pledged to
republican form of government, and, subject to
and all free governments
for their benefit. The
the preservation of a
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. EQUAL RIGHTS. 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 consideration
of public services.
Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall not
be denied or abridged because of sex, race, color, creed, or national
origin. This amendment is self-operative.
(Added Nov. 7, 1972.)
Sec. 4. RELIGIOUS TESTS. 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 religious
sentiments, provided he acknowledge the existence of a Supreme Being.
Sec. 5.
WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS AND
AFFIRMATIONS. No person shall be disqualified to give evidence in any of
the Courts of this State on account of his religious opinions, or for the
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.
FREEDOM OF WORSHIP.
All men have a natural and
indefeasible right to worship Almighty God according to the dictates of
their own consciences. No man shall be compelled to attend, erect or
support any place of 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 conscience 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.
APPROPRIATIONS FOR SECTARIAN PURPOSES.
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.
Sec. 8.
FREEDOM OF SPEECH AND PRESS; LIBEL.
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 prosecutions
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. SEARCHES AND SEIZURES. 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 affirmation.
Sec. 10.
RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS.
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 confronted by the
witnesses against him and shall have compulsory process for obtaining
witnesses in his favor, except that when the witness resides out of the
State and the offense charged is a violation of any of the anti-trust
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 criminal 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.
(Amended Nov. 5, 1918.)
Sec. 11.
BAIL.
All prisoners shall be bailable by sufficient
sureties, unless 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. DENIAL OF BAIL AFTER MULTIPLE FELONIES. (a) Any person
(1) 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, (2) accused of a felony less than
capital in this State, committed while on bail for a prior felony for
which he has been indicted, (3) accused of a felony less than capital in
this State involving the use of a deadly weapon after being convicted of
a prior felony, or (4) accused of a violent or sexual offense committed
while under the supervision of a criminal justice agency of the State or
a political subdivision of the State for a prior felony, after a hearing,
and upon evidence substantially showing the guilt of the accused of the
offense in (1) or (3) above, of the offense committed while on bail in
(2) above, or of the offense in (4) above committed while under the
supervision of a criminal justice agency of the State or a political
subdivision of the State for a prior felony, may be denied bail pending
trial, by a district judge in this State, if said order denying bail
pending trial is issued within seven calendar days subsequent to the time
of incarceration of the accused; provided, however, that if the accused
is not accorded a trial upon the accusation under (1) or (3) above, the
accusation and indictment used under (2) above, or the accusation or
indictment used under (4) above within sixty (60) days from the time of
his incarceration upon the accusation, 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 accorded the
accused for a review of any judgment or order made hereunder, and said
appeal shall be given preference by the Court of Criminal Appeals.
(b) In this section:
(1) "Violent offense" means:
(A)
(B)
murder;
aggravated assault, if the accused used or exhibited a
deadly weapon during the commission of the assault;
(C) aggravated kidnapping; or
(D) aggravated robbery.
(2)
"Sexual offense" means:
(A) aggravated sexual assault;
(B)
(C)
sexual assault; or
indecency with a child.
(Added Nov. 6, 1956; amended Nov. 8, 1977; Subsec. (a) amended and (b)
added Nov. 2, 1993.)
Sec. 11b.
DENIAL OF BAIL FOR VIOLATION OF CONDITION OF RELEASE.
Any person who is accused in this state of a felony or an offense
involving family violence, who is released on bail pending trial, and
whose bail is subsequently revoked or forfeited for a violation of a
condition of release may be denied bail pending trial if a judge or
magistrate in this state determines by a preponderance of the evidence at
a subsequent hearing that the person violated a condition of release
related to the safety of a victim of the alleged offense or to the safety
of the community.
(Added Nov. 8, 2005; amended Nov. 6, 2007.)
Sec. 11c. DENIAL OF BAIL FOR VIOLATION OF PROTECTIVE ORDER
INVOLVING FAMILY VIOLENCE. The legislature by general law may provide
that any person who violates an order for emergency protection issued by
a judge or magistrate after an arrest for an offense involving family
violence or who violates an active protective order rendered by a court
in a family violence case, including a temporary ex parte order that has
been served on the person, or who engages in conduct that constitutes an
offense involving the violation of an order described by this section may
be taken into custody and, pending trial or other court proceedings,
denied release on bail if following a hearing a judge or magistrate in
this state determines by a preponderance of the evidence that the person
violated the order or engaged in the conduct constituting the offense.
(Added Nov. 6, 2007.)
Sec. 12.
HABEAS CORPUS.
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 OR FINES; CRUEL OR UNUSUAL PUNISHMENT; OPEN
COURTS; REMEDY BY DUE COURSE OF LAW. 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. DOUBLE JEOPARDY. No person, for the same offense, shall
be twice put in jeopardy 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. RIGHT OF TRIAL BY JURY. The right of trial by jury shall
remain inviolate. The Legislature shall pass such laws as may be needed
to regulate the same, and to maintain its purity and efficiency.
Provided, that the Legislature may provide for the temporary commitment,
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.
(Amended Aug. 24, 1935.)
Sec. 15-a. COMMITMENT OF PERSONS OF UNSOUND MIND. 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 judgments
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.
(Added Nov. 6, 1956.)
Sec. 16. BILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE LAWS;
IMPAIRING OBLIGATION OF CONTRACTS. No bill of attainder, ex post facto
law, retroactive law, or any law impairing the obligation of contracts,
shall be made.
Sec. 17. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND
IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES. (a) 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 only if the taking, damage, or destruction is for:
(1) the ownership, use, and enjoyment of the property,
notwithstanding an incidental use, by:
(A)
the State, a political subdivision of the State, or
the public at large; or
(B) an entity granted the power of eminent domain under
law; or
(2) the elimination of urban blight on a particular parcel of
property.
(b) In this section, "public use" does not include the taking of
property under Subsection (a) of this section for transfer to a private
entity for the primary purpose of economic development or enhancement of
tax revenues.
(c) On or after January 1, 2010, the legislature may enact a
general, local, or special law granting the power of eminent domain to an
entity only on a two-thirds vote of all the members elected to each
house.
(d) When a person's property is taken under Subsection (a) of this
section, except for the use of the State, compensation as described by
Subsection (a) 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.
(Amended Nov. 3, 2009.)
Sec. 18.
for debt.
Sec. 19.
IMPRISONMENT FOR DEBT.
No person shall ever be imprisoned
DEPRIVATION OF LIFE, LIBERTY, PROPERTY, ETC. BY DUE COURSE
OF LAW. No citizen of this State shall be deprived of life, liberty,
property, privileges or immunities, or in any manner disfranchised,
except by the due course of the law of the land.
Sec. 20. OUTLAWRY OR TRANSPORTATION OUT OF STATE FOR OFFENSE. No
citizen shall be outlawed. No person shall be transported out of the
State for any offense committed within the same. This section does not
prohibit an agreement with another state providing for the confinement of
inmates of this State in the penal or correctional facilities of that
state.
(Amended Nov. 5, 1985.)
Sec. 21. CORRUPTION OF BLOOD; FORFEITURE OF ESTATE; SUICIDES. 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 case of natural death.
Sec. 22. TREASON AGAINST STATE. 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. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the
right to keep and bear arms in the lawful defense of himself or the
State; but the Legislature shall have power, by law, to regulate the
wearing of arms, with a view to prevent crime.
Sec. 24. MILITARY SUBORDINATE TO CIVIL AUTHORITY. The military
shall at all times be subordinate to the civil authority.
Sec. 25.
QUARTERING SOLDIERS IN HOUSES.
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; PRIMOGENITURE OR ENTAILMENTS.
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. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES.
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 grievances or other purposes, by
petition, address or remonstrance.
Sec. 28.
SUSPENSION OF LAWS.
No power of suspending laws in this
State shall be exercised except by the Legislature.
Sec. 29.
BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND
INVIOLATE. To guard against transgressions of the high powers herein
delegated, we declare that everything in this "Bill of Rights" is
excepted out of the general powers of government, and shall forever
remain inviolate, and all laws contrary thereto, or to the following
provisions, shall be void.
Sec. 30. RIGHTS OF CRIME VICTIMS. (a) A crime victim has the
following rights:
(1) the right to be treated with fairness and with respect for
the victim's dignity and privacy throughout the criminal justice process;
and
(2) the right to be reasonably protected from the accused
throughout the criminal justice process.
(b) On the request of a crime victim, the crime victim has the
following rights:
(1) the right to notification of court proceedings;
(2) the right to be present at all public court proceedings
related to the offense, unless the victim is to testify and the court
determines that the victim's testimony would be materially affected if
the victim hears other testimony at the trial;
(3) the right to confer with a representative of the
prosecutor's office;
(4) the right to restitution; and
(5) the right to information about the conviction, sentence,
imprisonment, and release of the accused.
(c) The legislature may enact laws to define the term "victim" and
to enforce these and other rights of crime victims.
(d) The state, through its prosecuting attorney, has the right to
enforce the rights of crime victims.
(e) The legislature may enact laws to provide that a judge,
attorney for the state, peace officer, or law enforcement agency is not
liable for a failure or inability to provide a right enumerated in this
section. The failure or inability of any person to provide a right or
service enumerated in this section may not be used by a defendant in a
criminal case as a ground for appeal or post-conviction writ of habeas
corpus. A victim or guardian or legal representative of a victim has
standing to enforce the rights enumerated in this section but does not
have standing to participate as a party in a criminal proceeding or to
contest the disposition of any charge.
(Added Nov. 7, 1989.)
Sec. 31. FUNDS FOR COMPENSATION TO VICTIMS OF CRIME. (a) The
compensation to victims of crime fund created by general law and the
compensation to victims of crime auxiliary fund created by general law
are each a separate dedicated account in the general revenue fund.
(b) Except as provided by Subsection (c) of this section and
subject to legislative appropriation, money deposited to the credit of
the compensation to victims of crime fund or the compensation to victims
of crime auxiliary fund from any source may be expended as provided by
law only for delivering or funding victim-related compensation, services,
or assistance.
(c) The legislature may provide by law that money in the
compensation to victims of crime fund or in the compensation to victims
of crime auxiliary fund may be expended for the purpose of assisting
victims of episodes of mass violence if other money appropriated for
emergency assistance is depleted.
(Added Nov. 4, 1997.)
Sec. 32. MARRIAGE. (a) Marriage in this state shall consist only
of the union of one man and one woman.
(b) This state or a political subdivision of this state may not
create or recognize any legal status identical or similar to marriage.
(Added Nov. 8, 2005.)
Sec. 33. PUBLIC ACCESS TO AND USE OF PUBLIC BEACHES. (a) In this
section, "public beach" means a state-owned beach bordering on the
seaward shore of the Gulf of Mexico, extending from mean low tide to the
landward boundary of state-owned submerged land, and any larger area
extending from the line of mean low tide to the line of vegetation
bordering on the Gulf of Mexico to which the public has acquired a right
of use or easement to or over the area by prescription or dedication or
has established and retained a right by virtue of continuous right in the
public under Texas common law.
(b) The public, individually and collectively, has an unrestricted
right to use and a right of ingress to and egress from a public beach.
The right granted by this subsection is dedicated as a permanent easement
in favor of the public.
(c) The legislature may enact laws to protect the right of the
public to access and use a public beach and to protect the public beach
easement from interference and encroachments.
(d) This section does not create a private right of enforcement.
(Added Nov. 3, 2009.)
Sec. 34. RIGHT TO HUNT, FISH, AND HARVEST WILDLIFE. (a) The
people have the right to hunt, fish, and harvest wildlife, including by
the use of traditional methods, subject to laws or regulations to
conserve and manage wildlife and preserve the future of hunting and
fishing.
(b) Hunting and fishing are preferred methods of managing and
controlling wildlife.
(c) This section does not affect any provision of law relating to
trespass, property rights, or eminent domain.
(d) This section does not affect the power of the legislature to
authorize a municipality to regulate the discharge of a weapon in a
populated area in the interest of public safety.
(Added Nov. 3, 2015.)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?