31.2 The Bill of Rights
Basic Rights and Freedoms
 The Texas Bill of Rights protects
the individual liberties of Texans.
 Its placement in the front of the
Texas Constitution emphasizes its
importance.
 It begins by saying that Texas is an
independent state and it recognizes
the U.S. Constitution as the only
higher authority.
Basic Rights and Freedoms
 Section 2 of the Texas Bill of Rights
states that all political power
stems from the people.
 Sections 3 and 3a declare that
Texans have equal rights under the
law. This protects against laws
that discriminate on the basis of
gender, race or national origin.
Basic Rights and Freedoms
 Sections 4-7 protect Texans’
freedom of worship.
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The government cannot support a
religion or interfere with anyone’s
decision to practice a religion or not.
These sanctions bar the government
from having an official religion or
favoring any particular one.
Basic Rights and Freedoms
 Section 8 protects freedoms of
speech and of the press.
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These freedoms are crucial to
democracy.
These freedoms are not unlimited.
Slander – a false statement made on
purpose that damage another’s
reputation is not protected.
 Libel - an intentionally false written
statement is also not protected
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Basic Rights and Freedoms
 Freedom of speech does not
protect statements that seriously
threaten the public’s safety (like
yelling “fire!” in a crowded theater)
 Section 27 ensures that Texans can
freely assemble or gather
together.
 Texans can also petition, or make a
request, for particular government
action
Fire!!!!
Protection of the Accused
 The Texas Constitution includes
safeguards that require the
government to take certain legal
actions before it can seize a
person’s property or punish a
person. This is called due
process.
 Section 9 prohibits illegal searches
and seizures of Texans’ property.
Collin County Search Warrant
Protection of the Accused
 Defendants in criminal cases have a
number of protections:
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All defendants are considered innocent
until proven guilty.
A person cannot be charged with a
serious crime unless a grand jury
decides that there is enough evidence.
The defendant has the right to know the
charge and to review the evidence.
The defendant is also entitled to question
witness that testify for the government.
Protection of the Accused
 Convicted persons are guaranteed
to not receive cruel and unusual
punishment.
 If the person is found to be not
guilty, he or she cannot be tried
again for the same offense.
 The government cannot pass a law
punishing someone for conduct
that was lawful when committed.
Texas Death Chamber
Protection of the Accused
 Texas courts cannot set
unreasonably high bal, a sum of
money that the defendant promises
to pay the court.
 In exchange the defendant is
released from jail.
 If a person does not show up for
trial, he or she can be arrested.
 Persons facing serious criminal
charges can be denied bail.

(right) Michael Jackson’s bail bond from April,
2005
Other Rights
 Texans benefit from other
Eminent Domain
protections as well.
 Eminent domain: taking of land for
public use. The property owner
must be paid for the property.
 Texans cannot be jailed for unpaid
debts.
 Section 22 defines treason and the
rights of persons accused of that
charge.
Other Rights
 Under Section 23, Texans have the
right to keep and bear arms.
 Section 24 places the state’s
military forces under the control of
the state’s civilian authorities.
 The state cannot force Texans to
provide housing to soldiers in
peacetime.
Other Rights
 A citizen cannot be outlawed or
banished from the state.
 Section 28 limits the power to
suspend state law to the legislature.
 Section 29 provides that the
government cannot change the
Texas Bill of Rights and laws that
contradict it, will have no effect.
 Crime victims are given rights in
section 30 and 31, including the right
to be notified of court proceedings.