This Law, Originally written in 1859:
"Art. 1.21. PRIVILEGE OF LEGISLATURES. Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened."
Stands to this day as unchanged as it has for over a century. No changes have occurred to it since its inception. I understand it was enacted in a era that was in need of such a law, this was a very difficult time in our Texas History. As it stands now according to the above entitled law a legislative member who lives in a place as remote as Texline, Texas would be exempt from being arrested for a two hundred two day period, as long as they were in route to or from a session. This is strong proof, that the Texas Constitution needs a bit of updating.
FYI: According to a KXAN.com report, the DPS (Department Public Safety) interpret the bill as any vehicle that contains a Legislator, being its driver or passenger, are entitled to be apart of this law. The DPS, also feel that issuing a ticket is a form of arrest. Therefore any type of ticket, falling within the scope of this law, would be considered illegal for them to issue. What is puzzling is why we have a standing committee that researches the constitution and updates it, yet they chose to over look this law. You would think that it has been read by the committee, because the law right below it has been revised. This law should be changed to reflect the modes of transportation available today. We know it takes, at the most, and I'm being generous, two and a half days to drive all the way through Texas. With Austin being almost in the center of Texas, it only takes less than fourteen hours to travel to Austin from any given point in Texas. Oh wait, I'll give you eighteen hours to stop and fill your tummy and bladder, then a stop to release it once again!
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