Jonah Patel
The Texas Constitution, which took effect on February 15, 1876, is the second-longest state constitution in the US. Since then, the Texas Legislature has proposed hundreds of amendments, most of which have been adopted by voters. The Texas Legislature can propose amendments to the Constitution at any regular session or special session, subject to voter approval. The proposal for submission must be approved by a vote of two-thirds of all the members elected to each House. If it appears that a majority of the votes cast have been cast in favor of an amendment, it shall become part of the Constitution.
| Characteristics | Values |
|---|---|
| Can Texas Legislature propose constitution amendments? | Yes, the Texas Legislature can propose amendments to the Constitution. |
| Who decides whether to adopt the proposed amendments? | Texas voters decide whether to adopt the proposed amendments. |
| How many amendments have been proposed since 1876? | The Texas Legislature has proposed 714 constitutional amendments since 1876. |
| How many proposed amendments have been approved by voters? | Out of the 714 proposed amendments, 530 were approved by the voters. |
| How many proposed amendments have been defeated? | 181 proposed amendments have been defeated. |
| How many proposed amendments never made it to the ballot? | Three proposed amendments never made it to the ballot. |
| What is the majority threshold for proposed amendments to be approved? | Proposed amendments must be approved by at least two-thirds of the members of both the Texas Senate and the Texas House of Representatives to appear on the ballot. |
| When can the Legislature propose amendments? | The Legislature can propose amendments at any regular session or at any special session when the matter is included within the purposes for which the session is convened. |
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What You'll Learn
Texas Constitution Article 17
The Texas Constitution Article 17 outlines the mode of amending the Texas Constitution. The Texas Legislature may propose amendments to the Constitution at any regular session or special session. For an amendment to be included on a ballot, it must be approved by a vote of two-thirds of the members of both the Texas Senate and the Texas House of Representatives. The date of the elections is specified by the Legislature.
The Texas Constitution does not provide for amendment by initiative or referendum, constitutional convention, or any other means. The only method of amending the Constitution is through the Legislature, subject to voter approval. The proposal for submission must be approved by a vote of two-thirds of all the members elected to each House, recorded by yeas and nays in the journals.
A brief explanatory statement of the nature of the proposed amendment, along with the election date and the wording of the proposition, must be published twice in each approved newspaper within the state. The full text of each amendment must also be posted at each county courthouse at least 50 days but no sooner than 60 days before the election date.
The election is held following the 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 favour of an amendment, it becomes part of the Constitution, and a proclamation is made by the Governor.
From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by the electorate, 181 defeated, and three that never made it to the ballot.
Methods for Ratifying and Amending the Constitution
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Voter approval
The Texas Constitution, which came into effect on February 15, 1876, is the second-longest state constitution in the US and has been amended numerous times since its inception. The Texas Legislature can propose amendments to the Constitution, but these are subject to voter approval. The Texas Constitution does not provide for amendment by initiative or referendum, constitutional convention, or any other means.
The Texas Legislature must propose amendments at a regular session or a special session, and they must be voted on by qualified voters for statewide offices and propositions. The date of the elections is specified by the Legislature, and the proposal for submission must be approved by a vote of two-thirds of all the members elected to each House, recorded by yeas and nays in the journals.
Once an amendment is proposed, a brief explanatory statement, along with the date of the election and the wording of the proposition, is published twice in each approved newspaper within the state. The full text of each amendment must also be posted at each county courthouse at least 50 days but no sooner than 60 days before the election date.
After the election, 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 are in favor of an amendment, it becomes part of the Constitution, and a proclamation is made by the Governor.
Since 1876, the Texas Legislature has proposed hundreds of amendments, with 530 approved by voters, 181 defeated, and three never making it to the ballot. For example, in 1971, the Texas Legislature proposed an amendment for a constitutional convention to draft a new state constitution, which was approved by voters. However, the convention failed to propose a new constitution by a mere three votes. In contrast, in 1975, the Legislature proposed eight amendments to the existing constitution, which were overwhelmingly rejected by voters, passing in only two of the state's 254 counties.
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Texas Constitution—third-most amended
The Texas Constitution, which was adopted on February 15, 1876, is the third-most amended state constitution in the US. Since its inception, the Texas Constitution has had numerous amendments and proposed amendments. It is also the second-longest state constitution in the US.
The Texas Constitution stipulates that the state of Texas has only those powers explicitly granted to it. This highly restrictive nature has resulted in the need for frequent amendments to address emerging state needs. The document also incorporates a bill of rights, which is considerably lengthier and more detailed than the federal Bill of Rights.
From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by voters, 181 were defeated, and three never made it to the ballot. The Texas Constitution can only be amended via the Legislature, subject to voter approval. Proposed amendments must be approved by at least two-thirds of the members of both the Texas Senate and the Texas House of Representatives before appearing on the ballot. The date of the elections is specified by the Legislature, and a brief explanatory statement of the nature of the proposed amendment is published in officially approved newspapers.
Over time, there have been attempts to draft a new constitution or significantly revise the existing one. In 1971, the Texas Legislature proposed an amendment for a constitutional convention to draft a new state constitution, which was passed. However, the convention failed to propose a new constitution by a mere three votes. In 1975, the Legislature revived the work of the 1974 convention and proposed eight amendments to the existing constitution, but all were overwhelmingly rejected by voters.
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Texas Constitution—second-longest
The Texas Constitution is the second-longest state constitution in the United States, with Alabama being the only state with a longer constitution. It is also the third-most amended state constitution, with only Alabama and California having been amended more frequently. The Texas Constitution has been amended over 500 times since its inception in 1876, with the Texas Legislature proposing 714 constitutional amendments from 1876 to 2024. Of those proposed amendments, 530 were approved by voters, 181 were defeated, and three never made it onto the ballot.
The Texas Constitution's length and frequent amendments can be attributed to its highly restrictive nature. The constitution stipulates that the state of Texas only has the powers explicitly granted to it, and it does not include a counterpart to the federal Necessary and Proper Clause. This design has led to the need for frequent amendments to address emerging state needs.
The Texas Constitution also includes a lengthy and detailed bill of rights, which is incorporated directly into the text of the constitution as Article I. This bill of rights includes some provisions not found in the federal Constitution, further contributing to the length of the document.
The Texas Legislature plays a crucial role in the amendment process, as it is the only method of amending the constitution prescribed by Article 17. The legislature can propose amendments at any regular session or special session, and these proposed amendments must be approved by a two-thirds majority vote in both the Texas Senate and the Texas House of Representatives. The amendments are then voted on by qualified voters for statewide offices and propositions, and a majority of votes in favour of an amendment is required for it to become part of the constitution.
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Texas Constitution—tax restrictions
The Texas Constitution is the second-longest state constitution in the US and the third-most amended. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by voters.
Article 8 of the Texas Constitution outlines restrictions on taxation and revenue. Section 1-e prohibits statewide property taxes. Counties are authorised to levy ad valorem taxes on all property within their boundaries, except for the first $3,000 of value for residential homesteads. This revenue is used for road construction and maintenance, as well as flood control.
Section 10 stipulates that the Legislature cannot release inhabitants or property from paying taxes levied for state or county purposes, except in cases of great public calamity, in which a two-thirds vote of each House is required.
Section 22 restricts the rate of growth of appropriations from state tax revenues to the estimated growth rate of the state's economy.
The Texas Constitution also addresses the use of revenues from motor vehicle registration fees and motor fuel taxes. These revenues are designated for acquiring rights-of-way, constructing and maintaining public roadways, and administering related laws and supervision.
The Texas Legislature can propose amendments to the Constitution, which are then voted on by qualified voters. A proposed amendment must be approved by a two-thirds majority in both the Texas Senate and House of Representatives before appearing on the ballot.
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Frequently asked questions
Yes, the Texas Legislature can propose amendments to the Texas Constitution.
There is no limit to the number of amendments that can be proposed. Since 1876, the Texas Legislature has proposed hundreds of amendments, with 714 proposed from 1876 to 2024.
The Legislature can propose amendments at any regular session or special session. The proposal must be approved by a vote of two-thirds of all the members of both the Texas Senate and the Texas House of Representatives. The date of the elections is specified by the Legislature, and the proposal must be published in officially approved newspapers.
Texans will have the opportunity to vote on the proposed amendments. The proposed amendments will appear on the ballot for Texans to approve or reject with a majority vote.
If the majority of votes cast are in favor of the amendment, it shall become a part of the Texas Constitution, and a proclamation shall be made by the Governor.
