“The governing authorities of any such city shall have the full power to define the … white race … full power to enforce … the segregation of the races” (1927 Segregation Act)

Negroes and Whites–Segregation of In Cities

S. B. No. 275.] Chapter 103.

An Act providing for the segregation or separation of the white and negro races and providing for the conferring of power and authority upon cities to pass suitable ordinance controlling the same and providing for fixing the penalty and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

Section 1. That the power and authority is hereby conferred upon the Cities of Texas to provide by suitable ordinance for the segregation of negroes and whites in any such city and to withhold permits to build or construct a house to be occupied by white people in negro communities inhabited by negroes as defined by ordinance and to withhold building permits to any negro to establish a residence on any property located in a white community inhabited by white people as defined by ordinance.

Sec. 2. That it shall be lawful for negroes and whites to enter into mutual covenants or agreements concerning their respective residence and the power and authority is conferred upon the governing body of any city to pass suitable ordinances requiring the observance of any such agreement.

Sec. 3. That the governing authorities of any such city shall have the full power to define the negro race, negro community, white race and white community.

Sec. 4. That the governing authorities of any such city shall have full power to enforce the observance of any ordinance passed leading to or providing for the segregation of the races and to require the observance thereof by appropriate penalties.

Sec. 5. That this Act shall take effect from and after its passage and shall repeal all acts in conflict herewith.

Sec. 6. On account of the fact that there does not exist any adequate requirement or law conferring upon the cities of Texas the express power to pass suitable segregation laws between the whites and colored race, and whereas on account of the fact that the peace, quiet, and tranquility of such cities are greatly affected, as well as the public health greatly menaced, creates an emergency and an imperative necessity requiring the suspension of the constitutional rule that bills be read on three several days and it is hereby suspended, and this act shall take effect and be in force from and after its passage and it is so enacted.

[Note.–The above act, though carrying the emergency clause, did not pass in the Senate by a roll call vote. Received in Executive Office March 15, 1927, and in Secretary of State’s Office March 16, 1927, without Governor’s signature.]

Effective ninety (90) days after adjournment.

H. P. N. Gammel, The Laws of Texas, 1927: Supplement Volume to the Original Ten Volumes, 1822-1897 (Austin, Texas: Gammel's Book Store, 1927), 154 (link).

See also: Full Power to Define