Texas Voters: Constitutional Amendments Explained

Texas voters can amend the state constitution, but the process is controlled by the legislature. The legislature may call a special election and 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. An amendment proposed by the legislature must be approved by Texas voters. For example, in the November 7 election, Texans voted on 14 proposed amendments to the state constitution, including Proposition 10, which sought to exempt medical and biomedical product manufacturers from ad valorem taxation to protect the state's healthcare network.

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Voter approval of amendments

In Texas, voters have the power to amend the state constitution through a process called legislatively referred amendments. This process involves the legislature, which may call a special election and supply the ballot language for proposed amendments. The Texas Legislature has substantial control over how these amendments are submitted to voters, and any changes must be approved by at least two-thirds of both the Texas Senate and House of Representatives.

Once an amendment is approved for the ballot, Texans can vote to accept or reject it. This direct democracy allows voters to have a say in changing the state's constitution. For example, in the May 7, 2022, election, Texans had the opportunity to approve two proposed amendments with a majority vote. The first amendment concerned ad valorem taxes for public school purposes, and the second proposed increasing the residence homestead exemption from property taxes for the same purpose.

Another example is the November 7, 2023, election, where Texans voted on 14 proposed amendments. These included propositions to exempt certain medical manufacturers from ad valorem taxation, allow for the issuance of bonds for parks and recreational facilities in El Paso County, and abolish the office of county treasurer in Galveston County.

In some cases, new laws in Texas may only take effect if voters approve constitutional amendments. For instance, stricter bail policies and a $3 billion dementia research fund were pending voter approval in November 2023. Similarly, a ballot measure in November 2023, if accepted, would allocate $1 billion annually from sales and use tax revenue to the Texas Water Fund over two decades to address the state's water crisis.

Ballot measures

In Texas, legislatively referred amendments are the only form of statewide direct democracy available to voters. 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. 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.

Texas law does not require a formal state voter information pamphlet for ballot measures. However, a brief explanatory statement of the nature of the proposed amendment, prepared by the Secretary of State and approved by the Attorney General, is published in newspapers.

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.

For instance, in the November 7 Constitutional Amendment Election, Texans voted on 14 proposed amendments as part of the election. Proposition 10, for example, proposed "The constitutional amendment to authorize the legislature to exempt from ad valorem taxation equipment or inventory held by a manufacturer of medical or biomedical products to protect the Texas healthcare network and strengthen our medical supply chain."

Legislative control

In Texas, legislatively referred amendments are the only form of statewide direct democracy available. The Texas Legislature has substantial control over how proposed amendments are submitted to voters. The Texas Constitution grants the legislature the power to create, operate, and finance jail districts, as well as to authorise the issuance of bonds and levy ad valorem taxes to fund these operations.

The legislature may call a special election and supply the ballot language for proposed amendments. An amendment proposed by the legislature must be approved by at least two-thirds of both the Texas Senate and House of Representatives before appearing on the ballot. The Secretary of State, with the Attorney General's approval, prepares an explanatory statement to inform voters of the nature of the proposed amendment, which is published in newspapers.

The Texas Constitution also outlines the process for filling vacancies in the legislature. In the event of a vacancy, the Governor or the person exercising the Governor's power, shall issue writs of election to fill the vacancy within 20 days. If the Governor fails to do so, the returning officer of the district is authorised to order an election.

The legislature may also provide for the filling of a vacancy without an election if only one person qualifies and declares their candidacy. This legislative control ensures that any changes to the Texas Constitution are carefully considered and approved by both the legislature and the voters.

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Special elections

In Texas, voters can amend the constitution through legislatively referred amendments. The state legislature has control over how these proposed amendments are submitted to voters, including the ability to call a special election and supply the ballot language.

A legislatively referred amendment must be approved by at least two-thirds of both the Texas Senate and the Texas House of Representatives to appear on the ballot. 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.

During a special session of the legislature, the governor's proclamation designates the subject of the election. The election may be held on any date, and notice of the election must be given for the period and in the manner required for amending the constitution.

For example, in the November 7 Constitutional Amendment Election, Texans voted on 14 proposed amendments, including Proposition 10, which sought to exempt certain medical manufacturers from ad valorem taxation to protect the state's healthcare network, and Proposition 11, which aimed to allow conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes for parks and recreational facilities.

Another instance is the May 7, 2022, Constitutional Amendment Election, where Texans had the opportunity to approve two proposed amendments with a majority vote: one to reduce the amount of ad valorem taxes imposed on the residence homestead of elderly or disabled individuals for public school purposes, and another to increase the residence homestead exemption from ad valorem taxation for public school purposes from $25,000 to $40,000.

Direct democracy

In Texas, voters can amend the constitution through legislatively referred amendments, the only form of statewide direct democracy available. This means that the state legislature has substantial control over how proposed amendments are submitted to voters. For example, the legislature may call a special election and supply the ballot language. The Texas Constitution outlines the process for amending the constitution, which involves both the legislature and voters.

The Texas Constitution grants the legislature the power to propose amendments by a joint resolution approved by at least two-thirds of the members of each house. The legislature may call an election and submit one or more propositions to the eligible voters of the state. If approved by a majority of those voting, the legislature is authorized to create state debt for the purposes and subject to the limitations stated in the applicable proposition.

The process for amending the Texas Constitution ensures that voters have a direct say in the amendment process. While the legislature initiates the amendment process, the proposed amendments must be approved by Texas voters. This is done through constitutional amendment elections, where Texans have the opportunity to approve the amendments with a majority vote.

In addition to the role of voters in the amendment process, Texas law also provides for the publication of a brief explanatory statement of the nature of the proposed amendment. This statement is prepared by the Secretary of State and approved by the Attorney General, ensuring that voters have access to information about the proposed changes. Any questions or contests relating to the validity or outcome of a constitutional amendment election can be raised and adjudicated through the legal process.

Overall, while Texas does not have statewide initiatives or veto referendums, the legislatively referred amendment process allows for direct democracy by giving voters the power to approve or reject proposed amendments to the state constitution. This process involves multiple steps and the collaboration of both the legislature and the voters of Texas.

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