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Unlike the largely negative liberties added to the U.S.
Constitution in Bill of Rights ("Congress shall make no law..."), the
Texas Constitution asserts the rights of citizens at the outset in
Article 1. With its more positive tone the Texas Bill of Rights
provides much the same protections as the U.S. Bill of Rights. But it
also extends beyond federal protections. For example, Sec. 3a
explicitly forbids discrimination based on sex, race, color, creed, or
national origin. Secs. 4, 5, and 6 more specifically ban religious
tests, protect religious belief, and provide equal protection for all
peaceful religious practice. Sec. 7 more specifically prohibits
establishment of religion. Sec. 10 asserts that the criminally accused
may represent themselves, be represented by counsel, or both. Sec. 27
provides a right of remonstrance – a right not only to petition
government but to obtain a response. Sec. 29 makes the Texas Bill of
Rights unexceptionable – rights cannot be reduced through amendment or
legislation. Finally, Secs. 30 and 31 spell out detailed expectations
regarding the state's treatment of victims of crime.
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