Texans' Voting Rights: Constitutional Amendments

can texans vote on constitutional amendments

Texans can vote on constitutional amendments, but only after they have been approved by a two-thirds majority in the House of Representatives and the Senate. In Texas, legislatively referred amendments are the only form of statewide direct democracy available. Voters will have the chance to approve or reject each proposed amendment in the general election. If more than 50% of voters vote for the proposition, the amendment becomes law.

Characteristics Values
Who can vote? Only US citizens can vote on Texas constitutional amendments
Who prepares the ballot? The ballot is prepared by the Secretary of State with the approval of the Attorney General
What is included on the ballot? Ballot statement or "proposition", in the form of a single statement. If applicable, tax-related information must be included.
How often do these votes take place? There is no specified frequency, but the most recent one took place in November 2023 and the next will take place in November 2025.
How many amendments are usually voted on? In 2023, there were 14 amendments. In 2025, there will be 17, the highest number since 2003.
What is the process for an amendment to be added to the ballot? Amendments must be approved by a 2/3 vote from the House of Representatives and the Senate.
What is the threshold for an amendment to pass? More than 50% of voters must vote in favor of the proposition for it to become law.

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Amendments require a two-thirds majority in both chambers to be put to a public vote

In Texas, legislatively referred amendments are the only form of statewide direct democracy available. The state legislature has substantial control over how proposed amendments are submitted to voters. For instance, the legislature may call a special election and may supply the ballot language. Before Texans can vote on an amendment, the legislators must agree to add the proposition to the ballot. They can do so by voting on a legislative document called a "resolution".

If the resolution passes with a two-thirds majority vote from both the House of Representatives and the Senate, the voters will have the chance to approve or reject each proposed amendment in the general election. These resolutions need 100 votes in the House and 21 in the Senate. For example, in 2025, lawmakers sent 17 constitutional amendments to the ballot for Texans to vote on in November, the highest number of amendments since 2003.

The ballot for a proposed amendment must contain a ballot statement or "proposition", in the form of a single statement. If the proposal involves imposing or reducing a tax, the ballot must include the amount of the maximum tax rate or the amount of the rate reduction for which approval is sought. The ballot language is generally prescribed by the legislature, but if the legislature fails to do so, the Secretary of State "must describe the proposed amendment in terms that clearly express its scope and character".

Any question relating to the "validity or outcome of a constitutional amendment election may be raised in an election contest", which is the "exclusive method for adjudicating such questions". Any such contest must be filed before the final canvass of election results is completed.

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More than 50% of voters must approve for an amendment to become law

In Texas, voters play a crucial role in approving or rejecting proposed constitutional amendments. For an amendment to become law, it must receive approval from more than 50% of the voters. This process, known as a legislatively referred amendment, is the only form of statewide direct democracy available in Texas.

Before an amendment can be put to a vote, it undergoes a rigorous legislative process. Firstly, the legislators must agree to include the proposition on the ballot. This involves a "resolution" that requires a two-thirds majority vote in both the Texas House of Representatives and the Senate. The legislature also has the power to call a special election and determine the ballot language used to describe the amendment.

The ballot for a proposed amendment includes a ballot statement or "proposition" and, if applicable, tax-related information. The ballot language is typically prescribed by the legislature, but if they fail to do so, the Secretary of State is responsible for describing the amendment clearly. Additionally, a brief explanatory statement prepared by the Secretary of State, with the approval of the Attorney General, is published in newspapers to inform voters about the nature of the amendment.

Once these steps are completed, the amendment is put to a vote, and if more than 50% of voters approve, it becomes law. This process ensures that Texans have a direct say in shaping their state's constitution and reflects the importance of democratic participation in the amendment process.

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Legislators control how proposed amendments are submitted to voters

Texas has a long history of allowing voters to have a say in amending its constitution. In the past 10 years, voters have been asked to consider 58 amendments, passing all but two.

The Texas Constitution, in effect since 1876, was designed to limit the legislature's centralized power and give a voice to citizens. It requires voter approval to carry out many legislative actions.

Legislatively referred amendments are the only form of statewide direct democracy available in Texas. The legislature has substantial control over how proposed amendments are submitted to voters. For instance, the legislature may call a special election and may supply the ballot language. The ballot for a proposed amendment must contain a ballot statement or "proposition" in the form of a single statement. The ballot language is generally prescribed by the legislature, but if the legislature fails to do so, the Secretary of State must describe the proposed amendment in terms that clearly express its scope and character.

The Secretary of State, with the approval of the Attorney General, prepares a statement to explain the nature of the proposed amendment that is published in newspapers. This statement must be published twice in each newspaper required to publish official notices: first 50-60 days before the election, then again on the same day of the following week. Notice must include the election date and the ballot proposition language. The Secretary of State must also send the text of each proposed amendment to county clerks, who must post a full and complete copy in a public place at least 30 days before the election.

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Amendments are the only form of direct democracy in Texas

In Texas, legislatively referred amendments are the only form of statewide direct democracy available to citizens. The state constitution requires that any changes to it must be approved by the general public. Before an amendment can be put to a public vote, it must first be approved by a two-thirds majority in both the House of Representatives and the Senate. The legislature has substantial control over how proposed amendments are submitted to voters. For instance, the legislature may call a special election and may supply the ballot language. The Secretary of State, with the approval of the Attorney General, prepares a statement explaining the nature of the proposed amendment, which is then published in newspapers.

Texas does not have statewide initiatives or veto referendums, but it does have legislatively referred amendments. An amendment to the state constitution proposed by the legislature must be approved by Texas voters. If more than 50% of voters vote for the proposition, the amendment becomes law. The ballot for a proposed amendment must contain a ballot statement or "proposition" in the form of a single statement. If the proposal involves imposing or reducing taxes, the ballot must also include the amount of the maximum tax rate or the amount of the rate reduction for which approval is sought.

In November 2025, Texans will vote on 17 constitutional amendments, the highest number since 2003. These include an amendment to create a $3 billion Dementia Prevention and Research Institute of Texas, an amendment to give parents the right to make decisions about their child's upbringing, an amendment to change the composition of the State Commission on Judicial Conduct, and an amendment to create two special funds for Texas Technical College System projects. Another proposed amendment would allocate $1 billion per year to a newly created water fund to fix aging infrastructure.

Texans have rejected some amendments in the past, such as a proposal to increase the retirement age for state justices and judges.

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Ballot language must clearly express the scope and character of the amendment

Texas voters can vote on constitutional amendments, but before they can do so, the legislators must agree to add the proposition to the ballot. This is done by voting on a legislative document called a "resolution". If the resolution passes with a two-thirds majority in both the House of Representatives and the Senate, Texans will have the chance to approve or reject each proposed amendment in the general election.

The ballot language used in these propositions must clearly express the scope and character of the amendment. This means that the text should provide a clear and concise description of the amendment, allowing voters to understand the nature and extent of the proposed changes. The ballot language is typically prescribed by the secretary of state and must be certified in writing for placement on the ballot. This certification includes the wording of the proposition and any necessary ballot translation language.

For example, Proposition 6 from the November 7 Constitutional Amendment Election ballot is described as: "The constitutional amendment creating the Texas water fund to assist in financing water projects in this state." This proposition language clearly expresses the scope of the amendment, which is to create a dedicated fund for water projects, and its character, which is to provide financial assistance for such projects.

Another example is Proposition 14 from the same ballot, which is described as: "The constitutional amendment providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks." Here, the scope of the amendment is to establish a fund for state parks, and its character is to enhance and maintain these parks through financial support.

Frequently asked questions

Yes, Texans can vote on constitutional amendments.

It seems that Texans vote on constitutional amendments quite frequently. For example, in 2022, Texans voted on two proposed amendments, and in 2023, Texans voted on 14 statewide propositions.

The Texas Legislature must first approve a proposed amendment by a two-thirds vote in both the House and the Senate. The amendment is then added to the ballot for Texans to vote on during the general election. If more than 50% of voters approve the amendment, it becomes law.

Texans have voted on a range of issues, including property taxes, education funding, and the creation of state funds for various purposes, such as water infrastructure and dementia research.

Only US citizens are allowed to vote on constitutional amendments in Texas.

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