Eleanor Finch
The Texas Constitution is the foundational document outlining the state's governmental structure, function, and citizens' rights. Since its adoption in 1876, it has been amended over 500 times, addressing emerging state needs and reflecting Texans' evolving preferences. These amendments have had a direct impact on local governments, as seen in Article 8's restrictions on local taxation powers and Article 9's rules for creating counties. Amendments are proposed by the Legislature and voted on by Texans, empowering citizens to shape their state's future. This unique feature of US democracy gives Texans a direct say in how their state is governed and how local governments function.
| Characteristics | Values |
|---|---|
| Amendments to the Texas Constitution | Require voter approval |
| Can be proposed by the Legislature at any regular session or special session | |
| Must be approved by a vote of two-thirds of all members elected to each House | |
| Must be published in newspapers across the state, along with the date of the election and wording of the proposition | |
| If a majority of votes are cast in favor, the amendment becomes part of the Constitution | |
| Texas Constitution | Is the third-most amended state constitution in the US |
| Has been amended over 500 times | |
| Is one of 11 state constitutions with no mechanism or lack of clarity in the process for calling a constitutional convention | |
| Includes articles on "Taxation and Revenue", imposing restrictions on the ability of local governments to impose taxes | |
| Includes articles on "Counties", providing rules for their creation and determining the location of county seats | |
| Includes articles on "General Provisions", covering limits on interest rates, civil penalties for murder, punishment for bribery, and prohibitions on garnishment of wages |
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What You'll Learn
Amendments to the Texas Constitution can be proposed by the Legislature
The Texas Constitution, which establishes the structure and function of the government of the state of Texas and outlines the basic rights of its citizens, has been amended over 500 times since its adoption in 1876, making it one of the most amended state constitutions in the US.
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. The process for proposing and approving amendments is outlined in Article 17 of the Texas Constitution, which is entitled "Mode of Amending the Constitution of This State". This article specifies that the proposal for submission must be approved by a vote of two-thirds of all the members elected to each House, with the yeas and nays entered into the journals.
Once an amendment is approved for submission, a brief explanatory statement of the nature of the proposed amendment, along with the date of the election and the wording of the proposition, is published in newspapers across the state. The election is then held, and the returning officer in each county reports the number of legal votes cast for and against each amendment to the Secretary of State. If a majority of the votes cast are in favor of an amendment, it becomes part of the Constitution, and a proclamation is made by the Governor.
Some examples of proposed amendments to the Texas Constitution include Proposition 2, which would allow cities and counties to exempt childcare providers from property taxes for facilities used to run a childcare business, and Proposition 5, which would rename the National Research University Fund to the Texas University Fund and provide additional funding to support research at state universities.
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Amendments must be voted on by Texans
The Texas Constitution is the document that establishes the structure and function of the government of the state of Texas and outlines the basic rights of its citizens. The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. Amendments to the Texas Constitution must be voted on by Texans, with the current process being the seventh such process in Texas history.
The Texas Constitution is one of 11 state constitutions with no clear mechanism for calling a constitutional convention. A state constitution outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The Texas Constitution has been amended over 500 times since its adoption, making it one of the most amended state constitutions in the US.
Article 17 of the Texas Constitution outlines the mode of amending the constitution. The Legislature may propose amendments revising the Constitution, to be voted on by qualified voters for statewide offices and propositions. The proposal for submission must be approved by a vote of two-thirds of all members elected to each House. A brief explanatory statement of the nature of the proposed amendment, along with the date of the election and the wording of the proposition, must be published in newspapers across the state.
The election is held according to procedures prescribed by the Legislature, and the returning officer in each county submits the number of legal votes cast for and against each amendment to the Secretary of State. If a majority of the votes are in favor, the amendment becomes part of the Constitution, and a proclamation is made by the Governor. Texans have voted on numerous constitutional amendments, including those related to taxation and revenue, counties, railroads, and the impeachment of government officials.
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Amendments can change the rights of citizens
The Texas Constitution establishes the structure and function of the government of the state of Texas and outlines the basic rights of its citizens. Amendments to this constitution can, therefore, affect the rights of citizens.
The Texas Constitution has been amended over 500 times since its adoption in 1876, making it one of the most amended state constitutions in the US. This document reflects a deep mistrust of government power and imposes limitations on state authority. For instance, Article 8 places restrictions on the ability of the Legislature and local governments to impose taxes, particularly concerning local property taxes.
Article 1 of the Texas Constitution serves as its bill of rights. Initially composed of 29 sections, five additional sections have been added. These amendments outline specific limitations on the power of the state government. For example, Section 12 recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension.
Amendments to the US Constitution, such as the Bill of Rights, have also played a significant role in safeguarding citizens' rights. The first ten amendments, including the First, Second, Fourth, Sixth, Seventh, and Eighth Amendments, protect freedoms like speech, religion, and the right to bear arms, while ensuring due process and trial by jury.
Additionally, the Fourteenth Amendment, passed in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people, granting them citizenship and ensuring equal protection under the law. This amendment was a result of citizens' efforts to make the promise of equal rights a reality through petitions, court cases, and legislation.
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Amendments can change the structure of the government
The Texas Constitution establishes the structure and function of the government of the state of Texas and outlines the basic rights of its citizens. Amendments to the Texas Constitution can significantly impact the structure and operations of local governments.
The Texas Constitution is one of 11 state constitutions with no clear mechanism for calling a constitutional convention. It can be amended through a legislatively referred constitutional amendment process, which requires voter approval. The Texas House of Representatives is granted the power to propose amendments, which must then be approved by a two-thirds majority vote in each House. The proposed amendments are then put to a statewide vote, and if a majority of votes are cast in favour, the amendment is incorporated into the Constitution.
Over time, the need to address emerging state requirements has resulted in frequent amendments to the Texas Constitution. Since its adoption in 1876, it has been amended over 500 times, making it one of the most amended state constitutions in the US. These amendments have had a direct impact on the structure and powers of local governments.
For example, Article 8 of the Texas Constitution, labelled "Taxation and Revenue," restricts the ability of local governments to impose taxes, particularly concerning local property taxes. Amendments to this article have included Section 24, which restricts the Texas State Legislature from imposing a personal income tax. Proposition 2, another proposed amendment, would allow cities and counties to exempt childcare providers from property taxes for facilities used to run childcare businesses.
Additionally, Article 1 of the Texas Constitution, entitled the "Bill of Rights," outlines fundamental limitations on the power of the state government and guarantees specific rights to citizens. Amendments to this article have expanded the protections and rights granted to Texans. Similarly, Article 16, entitled "General Provisions," includes sections that address a range of topics, such as limits on interest rates, civil penalties, and prohibitions on wage garnishment. Amendments to this article have the potential to shape the authority and scope of local governance.
In conclusion, amendments to the Texas Constitution can indeed effect (sic) significant changes to the structure and operations of local governments. Through the amendment process, Texans can shape the powers and limitations of their local governments, demonstrating the dynamic and adaptable nature of the state's governance.
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Amendments can change the rules for local taxes
The Texas Constitution establishes the structure and function of the government of the state of Texas and outlines the basic rights of its citizens. The current constitution was adopted on February 15, 1876, and has been amended over 500 times since, making it one of the most frequently amended state constitutions in the US.
Amendments to the Texas Constitution can impact local government, including local taxes. For example, Article 8 of the Texas Constitution, which pertains to "Taxation and Revenue," has been amended multiple times. One of the sections within Article 8, Section 1-e, prohibits statewide property taxes. Additionally, Section 8, Section 21, outlines the process by which the total amount of property taxes imposed by a political subdivision can be increased, requiring notice and a public hearing.
The Texas Comptroller has also proposed and adopted amendments to local tax rules. For instance, in 2020, the Comptroller adopted changes to the state's local tax sourcing rule, which pertained to the sourcing of online sales for local sales and use tax purposes. This amendment was challenged in court by several cities, and while the district court upheld the cities' procedural complaints, the Comptroller readopted the rule with corrections in 2023.
Furthermore, Texans can propose amendments to the state constitution through propositions. For example, Proposition 2, a proposed amendment for the 2023 tax year, aimed to authorize a local option exemption from ad valorem taxation for child-care facilities, effectively reducing their property taxes by half. Proposition 4 sought to increase the homestead exemption for school district taxes, providing tax relief for Texans with primary residences. Proposition 3, on the other hand, aimed to prohibit the imposition of an individual wealth or net worth tax, cementing tax limitations supported by Republicans.
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Frequently asked questions
The Texas Constitution is a document that establishes the structure and function of the government of Texas and enumerates the basic rights of its citizens.
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval.
The Legislature may propose amendments revising the Constitution, to be voted upon by qualified voters for statewide offices and propositions. The proposal for submission must be approved by a vote of two-thirds of all the members elected to each House. The election shall be held in accordance with procedures prescribed by the Legislature, and if a majority of the votes cast have been cast in favor of an amendment, it shall become a part of the Constitution.
The 1876 Constitution has been amended over 500 times and remains one of the most amended state constitutions in the U.S.
Article 8 of the Texas Constitution places restrictions on the ability of local governments to impose taxes, particularly concerning local property taxes. Another example is Proposition 2, which, if passed, would allow cities and counties to exempt childcare providers from property taxes for facilities used to run a childcare business.
