Texas. Secretary of State. Statutory Documents Section.

The Texas Constitution of 1845 required the Secretary of State to "keep a fair register of all official acts and proceedings of the Governor" and to provide these to the legislature when required. This duty (and others) were reiterated in the act "to define the duties of Secretary of State," approved May 9, 1846. This authority was reconfirmed by the Constitutions of 1866 (Article V, Section 17), 1869 (Article IV, Section 17) and 1876 (Article IV, Section 21), and subsequent amendments. The Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836 (Article VI, Section 10), and has been continued by each succeeding Constitution.

From the description of Secretary of State executive orders of the governor 1987-1997. (Texas State Library & Archives Commission). WorldCat record id: 310470944

The Texas Constitution of 1845 required the Secretary of State to keep a fair register of all official acts and proceedings of the Governor and to provide these to the legislature when required. This duty (and others) were reiterated in the act to define the duties of Secretary of State, approved May 9, 1846. This authority was reconfirmed by the Constitutions of 1866 (Article V, Section 17), 1869 (Article IV, Section 17) and 1876 (Article IV, Section 21), and subsequent amendments.

The Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836 (Article VI, Section 10), and has been continued by each succeeding Constitution.

From the guide to the Secretary of State official proclamations of the governor, 1984-1997, (Texas State Archives)

The Texas Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836, and has been continued by each succeeding Constitution.

The Secretary of State has an enormous number of duties and responsibilities, including the following: authenticating the publication of all laws passed by the state legislature; approving comptroller's accounts against the state prior to payment; maintaining a register of all official acts and proceedings of the governor, and all appointments to state boards and commissions; interpreting and enforcing the Texas Election Code, as the state's chief election officer; keeping the Seal of the State of Texas; and maintaining many business-related filings, including corporation and Uniform Commercial Code filings.

The office of the Secretary of State is divided into five divisions: Executive, Elections, Business and Public Filings, Administrative Services, and Information Technology Services.

The Business and Public Filings Division (called Statutory Filings Division prior to 2002), composed of four sections (Corporations, Statutory Documents, Texas Register, and Uniform Commercial Code Sections), assists the secretary in most of his/her duties not related to elections.

The Statutory Documents Section records the charters of home rule cities; files amendments of charters of incorporated towns and villages; appoints, reappoints, and commissions all notaries public for the state (since 1940); files bonds or copies of bonds for state officers and state employees, members of governing bodies of certain constitutionally authorized political subdivisions, and general law districts; files the constitutional statement of bribery; issues cards to all labor organizers in the state; files labor union annual reports; registers business opportunity sellers in Texas; registers health spas, athlete agents, and credit service organizations; licenses and regulates automobile clubs; files deeds of cession; etc.

Beginning in 1913 (House Bill 13, 33rd Legislature, Regular Session), the legislature has required each city with a population of more than 5,000 to file certified copies of their city charters and amendments to charters with the Secretary of State. The Secretary of State then issues certifications and files the charters and amendments by date of receipt. Prior to the law of 1913, cities were chartered by the Texas Legislature; therefore earlier charters and amendments were entered into the statutes. City charters serve as the official record of the creation or incorporation of a city, defining its boundaries and its form of government. Amendments to city charters certify changes to the terms of those charters. The Statutory Documents Section records the charters of home rule cities and files amendments of charters of incorporated towns and villages.

(Sources include: the Texas Secretary of State appraisal report (December 1998); the Guide to Texas State Agencies, 1st-9th editions (1956-1996); and the enabling legislation (1913).)

From the guide to the Secretary of State city charters and amendments, 1913-2006, (Texas State Archives)

The Texas Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836, and has been continued by each succeeding Constitution.

The Secretary of State has an enormous number of duties and responsibilities, including the following: authenticating the publication of all laws passed by the state legislature; approving comptroller's accounts against the state prior to payment; maintaining a register of all official acts and proceedings of the governor, and all appointments to state boards and commissions; interpreting and enforcing the Texas Election Code, as the state's chief election officer; keeping the Seal of the State of Texas; and maintaining many business-related filings, including corporation and Uniform Commercial Code filings.

The office of the Secretary of State is divided into five divisions: Executive, Elections, Statutory Filings, Administrative Services, and Information Services.

The Statutory Filings Division, composed of four sections (Corporations, Statutory Documents, Texas Register, and Uniform Commercial Code Sections), assists the secretary in most of his/her duties not related to elections.

The Statutory Documents Section records the charters of home rule cities; files amendments of charters of incorporated towns and villages; appoints, reappoints, and commissions all notaries public for the state (since 1940); files bonds or copies of bonds for state officers and state employees, members of governing bodies of certain constitutionally authorized political subdivisions, and general law districts; files the constitutional statement of bribery; issues cards to all labor organizers in the state; files labor union annual reports; registers business opportunity sellers in Texas; registers health spas, athlete agents, and credit service organizations; licenses and regulates automobile clubs; files deeds of cession; etc.

An act approved December 18, 1837 (and later acts) required the Secretary of State to contract for the printing of the laws of the Republic of Texas, and to arrange for their distribution; this function may have necessitated the compilation of an official manuscript copy of the laws. At any rate, an act approved by the 1st Legislature on May 9, 1846 required the Secretary of State to attend every legislative session to receive bills which have become laws, and to bind and maintain such bills and enrolled joint resolutions in the office of the Secretary of State; and also to deliver a certified copy of these laws (with indices and marginal notes) to the public printer, and to edit and correct them after printing. Furthermore, an act of December 14, 1863 made the Secretary of State the custodian of the records of the Senate and House of Representatives.

From the guide to the Secretary of State legislative bills and resolutions filed (General and special laws), 1836-2009, (Texas State Archives)

The Texas Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836, and has been continued by each succeeding Constitution.

The Secretary of State has an enormous number of duties and responsibilities, including the following: authenticating the publication of all laws passed by the state legislature; approving comptroller's accounts against the state prior to payment; maintaining a register of all official acts and proceedings of the governor, and all appointments to state boards and commissions; interpreting and enforcing the Texas Election Code, as the state's chief election officer; keeping the Seal of the State of Texas; maintaining many business-related filings, including corporation and Uniform Commercial Code filings.

The office of the Secretary of State is divided into five divisions: Executive, Elections, Business and Public Filings, Administrative Services, and Information Technology Services.

The Business and Public Filings Division (called Statutory Filings Division prior to 2002), composed of four sections (Corporations, Statutory Documents, Texas Register, and Uniform Commercial Code Sections), assists the secretary in most of his/her duties not related to elections.

The Statutory Documents Section: appoints, reappoints, and commissions all notaries public for the state (since 1940); records the charters of home rule cities; files amendments of charters of incorporated towns and villages; files bonds or copies of bonds for state officers and state employees, members of governing bodies of certain constitutionally authorized political subdivisions, and general law districts; files the constitutional statement of bribery; issues cards to all labor organizers in the state; files labor union annual reports; registers business opportunity sellers in Texas; registers health spas, athlete agents, and credit service organizations; licenses and regulates automobile clubs; files deeds of cession; etc.

Prior to 1876, each railroad in Texas was granted its charter by special act of the legislature. The 15th Texas Legislature approved Senate Bill 144 on August 15, 1876, which required persons forming a railroad corporation to have their charters first approved by the Attorney General and then be certified by and filed with the Secretary of State. Another piece of legislation, Substitute House Bill 227, 23rd Texas Legislature, Regular Session, passed April 8, 1893, required the registration of certificates of stocks and bonds issued by railroads with the Secretary of State, once authorization to issue had been granted by the Railroad Commission.

In 1887 (Senate Bill 272, 20th Texas Legislature, Regular Session), a law was passed to require railroad companies to furnish sufficient cars to transport freight when they agreed with private persons and corporations to do so. Certain penalties were laid out for failure to fulfil this requirement; this law was amended in 1899 and again in 1913. Texas State Archives staff could find no stipulation that contracts to lease or sell railroad cars must be filed with the Secretary of State; but this was consistently done from sometime before 1901, and continued until at least 1956. The filing may have stemmed from the requirement for filing railroad charters with the Secretary of State. By 1992 the Statutory Documents Section of the Texas Secretary of State noted that these filings are no longer required.

During the 1970s and early 1980s, the Corporations Section filed charters and amendments for railroads; the Statutory Documents Section now handles that function.

(Sources include the following: Handbook of Governments in Texas (1983); Manual of Texas State Government (1950); Guide to State Agencies (1st-9th editions, 1956, 1964, 1970, 1972, 1978, 1990, 1992, 1994, 1996); Texas Constitution, Article IV, Sections 1 and 21 (and others); Gammel's Laws of Texas, 1836-1879; the enabling legislation, 1876, 1887, 1893, 1899, and 1913; and biennial reports of the Secretary of State, 1870-1922 and 1932-1934.)

From the guide to the Secretary of State railroad records, 1876-1993, (Texas State Archives)

The Texas Constitution of 1845 required the Secretary of State to keep a fair register of all official acts and proceedings of the Governor and to provide these to the legislature when required. This duty (and others) were reiterated in the act to define the duties of Secretary of State, approved May 9, 1846. This authority was reconfirmed by the Constitutions of 1866 (Article V, Section 17), 1869 (Article IV, Section 17) and 1876 (Article IV, Section 21), and subsequent amendments.

The Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836 (Article VI, Section 10), and has been continued by each succeeding Constitution.

According to the terms of the Articles of Annexation, the State of Texas, when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy-yards, docks, ... and all other property and means pertaining to the public defence belonging to the said Republic of Texas ... shall also retain all the vacant and unappropriated lands lying within its limits .... the residue of said lands, after discharging said debts and liabilities, to be disposed of as said State may direct. (Joint Resolution, March 1, 1845, 5 U.S. Stat. 797)

One of the constitutional duties of the Secretary of State (beginning with the first state constitution) is to register all official acts and proceedings of the governor, including deeds of cession. The Statutory Documents Section of the Business and Public Filings Division (formerly called the Statutory Filings Division), in the Office of the Secretary of State receives filings of the record copy of the deeds of cession. (Texas Constitution, Article IV, Section 21)

From the guide to the Deed files, 1848-1994, undated (not inclusive), (bulk 1928-1963), (Texas State Archives)

The Texas Constitution of 1845 required the Secretary of State to keep a fair register of all official acts and proceedings of the Governor and to provide these to the legislature when required. This duty (and others) were reiterated in the act to define the duties of Secretary of State, approved May 9, 1846. This authority was reconfirmed by the Constitutions of 1866 (Article V, Section 17), 1869 (Article IV, Section 17) and 1876 (Article IV, Section 21), and subsequent amendments.

The Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836 (Article VI, Section 10), and has been continued by each succeeding Constitution.

From the guide to the Secretary of State executive orders of the governor, 1987-1997, (Texas State Archives)

The Texas Constitution requires the legislature to redistrict seats in the Texas House of Representatives and the Texas Senate during its first regular session after publication of each United States decennial census. State law also provides for reapportionment of judicial districts and State Board of Education boundaries.

The Texas Legislative Redistricting Board was created in 1950 through a constitutional amendment (Texas Constitution, Article III, Section 28) after the legislature had failed to reapportion for a number of years. If the legislature fails to redistrict in its first regular session following the release of the census, then the Legislative Redistricting Board must meet and file redistricting plans with the Texas Secretary of State and submit them to the U.S. Justice Department.

The Legislative Redistricting Board (LRB) consists of five ex-officio members: the lieutenant governor, speaker of the House, attorney general, comptroller of public accounts, and commissioner of the General Land Office. These are non-salaried positions and members elect the chair. The Texas Legislative Council makes data available to the board when it is necessary for it to act and prepares legal drafts for all proposals considered by the board. The legislature provides funds for clerical and technical assistance.

The Texas Judicial Districts Board was created in 1985 through a constitutional amendment (Texas Constitution, Article V, Section 7a (e)). If the legislature fails to redistrict within three years following the release of the federal census, then the Judicial Districts Board must meet and submit a reapportionment order to the Texas Secretary of State. The order must be approved by a majority of each house of the Texas Legislature before the order becomes effective and binding. If the Judicial Districts Board does not do so, the task falls to the Legislative Redistricting Board.

The Judicial Districts Board consists of thirteen members: the chief justice of the Supreme Court of Texas (who is the chair), the presiding judge of the Texas Court of Criminal Appeals, the presiding judges of each of the nine administrative judicial districts, the president of the Texas Judicial Council, and one person who is licensed to practice law in this state, appointed by the governor with the advice and consent of the Senate for a term of four years.

From the guide to the Secretary of State Statutory Documents Section redistricting plans, 1981-1982, 1991-1993, (Repository Unknown)

The Texas Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836, and has been continued by each succeeding Constitution.

The Secretary of State has an enormous number of duties and responsibilities, including the following: maintaining a register of all official acts and proceedings of the governor, and all appointments to state boards and commissions; authenticating the publication of all laws passed by the state legislature; approving comptroller's accounts against the state prior to payment; interpreting and enforcing the Texas Election Code, as the state's chief election officer; keeping the Seal of the State of Texas; and maintaining many business-related filings, including corporation and Uniform Commercial Code filings.

The office of the Secretary of State is divided into five divisions: Executive, Elections, Statutory Filings, Administrative Services, and Information Services.

The Statutory Filings Division (known as the Business and Public Filings Division since 2002) is composed of four sections (Corporations, Statutory Documents, Texas Register, and Uniform Commercial Code Sections), and assists the secretary in most of his/her duties not related to elections.

The Statutory Documents Section records the charters of home rule cities; files amendments of charters of incorporated towns and villages; appoints, reappoints, and commissions all notaries public for the state (since 1940); files bonds or copies of bonds for state officers and state employees, members of governing bodies of certain constitutionally authorized political subdivisions, and general law districts; files the constitutional statement of bribery; issues cards to all labor organizers in the state; files labor union annual reports; registers business opportunity sellers in Texas; registers health spas, athlete agents, and credit service organizations; licenses and regulates automobile clubs; files deeds of cession; etc.

Although the creation of election or appointment registers was not specifically required by law during the Republic, the Texas Constitution of 1836 provides for election returns for officers who are to be commissioned by the President to be made to the Secretary of State. The maintenance of election registers during the Republic may have been an extension of this function.

On May 9, 1846, the 1st Texas Legislature approved an act to define the duties of Secretary of State, which among other things required the Secretary of State in a separate book, suitable for the purpose, to keep a complete register of all the officers appointed and elected in the State.

From the guide to the Secretary of State election registers (a. k. a. appointment registers), 1837-2007, (Texas State Archives)

The Texas Constitution of 1845, Article V, Section 11, stated that in all criminal cases, except those of treason [in which Senate approval was required] and impeachment, the Governor shall have power after conviction, to grant reprieves and pardons; and under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures. Subsequent Constitutions in 1861 and 1866 repeated this charge. The only significant modification prescribed in the Constitutions of 1869 and 1876 was the requirement that the governor file, in the office of the Secretary of State, his reasons for granting executive clemency.

In 1893, the Texas Board of Pardon Advisors was created to assist the governor (Senate Bill 19, 23rd Legislature, Regular Session). The name was changed in 1929 to Texas Board of Pardons and Paroles (Senate Bill 1, 41st Legislature, 1st Called Session). Beginning in 1936 (Senate Joint Resolution 26, 44th Legislature, Regular Session) the governor must have the written signed recommendation and advice of a majority of the Board of Pardons and Paroles to grant pardons, reprieves, and commutations of punishments, and to remit fines and forfeitures. In 1989 the Board of Pardons and Paroles was placed under the newly created Texas Department of Criminal Justice (House Bill 2335, 71st Legislature, Regular Session). (Texas Constitution, Article IV, Section 11; and V.T.C.A., Code of Criminal Procedure, Article 48.01)

One of the constitutional duties of the Texas Secretary of State (beginning with the first state constitution) is to register all official acts and proceedings of the governor, including proclamations. Between 1946 and 1960, the Parole Division of the Texas Secretary of State maintained records and acted as liaison with the county parole boards, the Board of Pardons and Paroles, and the governor; had charge of out-of-state parolees in Texas, through the Interstate Parole Compact; and prepared all clemency proclamations issued by the governor. Many of its duties were transferred to the Division of Parole Supervision of the Board of Pardons and Paroles in 1960. Today, the Statutory Documents Section in the Office of the Secretary of State maintains the record copy of proclamations from the governor. (Texas Constitution, Article IV, Section 21)

(Sources include: the Handbook of Governments in Texas (1983); the Manual of Texas State Government (1950); the Guide to Texas State Agencies (1st and 2nd editions, 1956 and 1964); the Texas Constitutions of 1845, 1861, 1866, 1869, and 1876 (see the Texas Constitutions Digitization Project on the University of Texas Tarleton Law Library website); and the cited legislation, 1893, 1929, 1936, 1989.)

From the guide to the Secretary of State executive clemency records, 1840, 1845-2009, (Texas State Archives)