Jonah Patel
The Texas Constitution is the second-longest state constitution in the US and is still growing. 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. Amendments are added through a mechanism called legislatively referred constitutional amendments, which require a simple majority vote (50% plus one) for approval.
| Characteristics | Values |
|---|---|
| Date of adoption of the current Texas Constitution | February 15, 1876 |
| Position in terms of length | Second-longest state constitution in the US |
| Position in terms of number of amendments | Third-most amended state constitution |
| Number of amendments proposed by the Texas Legislature from 1876 to 2024 | 714 |
| Number of amendments approved by the electorate | 530 |
| Number of amendments defeated | 181 |
| Number of amendments that never made it to the ballot | 3 |
| Number of sections in Article 1 ("Bill of Rights") | 34 |
| Number of sections added to Article 1 since 1876 | 5 |
| Number of sub-sections in Section 49 ("State Debts") | 30 |
| Year Texas Constitution was amended to ban any future income tax | 2019 |
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What You'll Learn
Texas Legislature proposes amendments
The Texas Constitution is the second-longest state constitution in the United States and the third-most amended. 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 provides a single mechanism for amending the state's constitution: legislatively referred constitutional amendments. According to Article 17, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A simple majority vote (50% plus one) is required for voters to approve constitutional amendments.
The Texas Constitution is highly restrictive, and most amendments are proposed due to this nature. The constitution stipulates that the state of Texas has only the powers explicitly granted to it, with no counterpart to the federal Necessary and Proper Clause. The document also includes a considerably lengthier and more detailed bill of rights than the federal Bill of Rights, with some provisions not included in the federal Constitution.
Article 1, or the "Bill of Rights," originally contained 29 sections, five of which have been added since 1876, bringing the total to 34. Most of the article's provisions concern specific fundamental limitations on the power of the state government and certain rights granted to citizens that cannot be ignored. Every provision of the first ten amendments to the United States Constitution has a counterpart in Article 1 of the Texas Constitution.
Other amendments have been proposed to address specific issues. For example, Section 49 ("State Debts") limits the power of the Legislature to incur debt to specific purposes stated in the Constitution. To allow the Legislature to incur debt for a purpose not stated, numerous amendments to this section have been added and voted on by the people. In 2019, the constitution was amended to ban any future income tax, requiring a two-thirds majority of the Legislature to repeal the ban.
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Electorate approval
The Texas Constitution provides a mechanism for amendments to be added—through legislatively referred constitutional amendments. This process involves the state legislature referring proposed amendments to the ballot for voters to decide. A simple majority vote (50% plus 1) is required for an amendment to be approved by the electorate and added to the constitution.
From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the voters, 181 were defeated, and three never made it to the ballot. This makes the Texas Constitution the third-most amended state constitution in the United States.
The high number of amendments is partly due to the document's restrictive nature. The Texas Constitution stipulates that the state only has the powers explicitly granted to it, and it lacks a counterpart to the federal Necessary and Proper Clause. As a result, many amendments are required to address specific issues or grant additional powers.
For example, Article 9 of the Texas Constitution, which pertains to the creation of counties, has had several amendments to address the establishment of county-wide hospital districts and provisions related to airports and mental health. Similarly, Article 8, which deals with taxation and revenue, has been amended multiple times to restrict the ability of the Legislature and local governments to impose taxes, particularly regarding local and statewide property taxes.
In some cases, amendments are also used to address specific issues or clarify the powers of the state. For instance, an amendment was added in 2019 to ban any future income tax, requiring a 2/3 majority vote of the legislature to repeal the ban. Another example is Section 49 ("State Debts"), which includes numerous amendments voted on by the people to allow the Legislature to incur debt for purposes not originally stated in the Constitution.
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Amendments defeated
The Texas Constitution is one of the longest in the nation and is still a work in progress. As of 2024, the Texas Legislature has proposed 714 amendments, of which 530 have been adopted, 181 have been defeated, and three never made it to the ballot.
The Texas Constitution provides a single mechanism for amending the state's constitution: legislatively referred constitutional amendments. According to Article 17, the state legislature can refer constitutional amendments to the ballot for voters to decide. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
The Texas Constitution's Article 1, entitled the "Bill of Rights," has seen five sections added since its inception in 1876, bringing the total number of sections to 34. Most of the article's provisions concern specific fundamental limitations on the power of the state government and certain rights granted to citizens that cannot be overruled.
Article 2 of the Texas Constitution, labelled "Power of Government," provides for the separation of powers of the government. Article 3 is labelled "Legislative Department."
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Amendments not on ballot
The Texas Constitution is one of the longest in the US and is still a working document. As of 2024, the Texas Legislature has proposed 714 amendments, of which 530 have been adopted, 181 defeated by Texas voters, and three never made it to the ballot.
The Texas Constitution is highly restrictive, stipulating that the state has only the powers explicitly granted to it. This means that amendments are often required to grant the state new powers. For example, in 2019, the constitution was amended to ban any future income tax, which can now only be repealed with a two-thirds majority vote in the legislature.
The Texas Constitution also includes a bill of rights, which is longer and more detailed than the federal Bill of Rights and includes some provisions not included in the federal Constitution. This bill of rights has also been amended over time, with five additional sections added to the original 29.
Some amendments are added to address specific issues, such as the amendment to Section 49 ("State Debts"), which limits the power of the Legislature to incur debt to specific purposes stated in the Constitution. To allow the Legislature to incur debt for other purposes, several amendments have been added and voted on by the people.
The process of amending the Texas Constitution is a collaborative effort between the legislature and the people, with the legislature proposing amendments and the electorate approving or defeating them. This process has resulted in a dynamic and evolving constitution that reflects the changing needs and values of the state.
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Amendments process
The Texas Constitution, one of the longest in the US, has been amended numerous times since its adoption in 1876. The Texas Legislature has proposed 714 constitutional amendments, of which 530 have been approved by voters, 181 defeated, and three never made it to the ballot.
The Texas Constitution provides a mechanism for amendments through a legislatively referred process. According to Article 17, the state legislature can propose constitutional amendments, which are then put to a vote for the electorate to decide. A simple majority vote (50% plus one) is required for an amendment to be approved.
The Texas Constitution's Article 1, entitled the "Bill of Rights," has seen five sections added since its original 29 sections in 1876. This article primarily focuses on limiting the power of the state government and guaranteeing certain rights to citizens.
Additionally, amendments have been made to various other articles. For example, Article 9, concerning the creation of counties and their seats, has had three of its 14 sections repealed and one left blank. Article 8, addressing "Taxation and Revenue," includes Section 24, added in 1993, which restricts the imposition of a personal income tax. Similarly, in 2019, the constitution was amended to ban any future income tax, requiring a two-thirds majority vote of the legislature to repeal the ban.
The amendment process also considers the immediate effect of bills. Section 39 stipulates that a bill takes effect upon the Governor's signature if it passes both chambers with a two-thirds majority vote. If it fails to meet this majority, the bill comes into effect on the first day of the next fiscal year.
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Frequently asked questions
As of 2024, the Texas Legislature has proposed 714 amendments.
Of the 714 proposed amendments, 530 have been adopted.
181 amendments were defeated by Texas voters.
The Texas Constitution provides a mechanism for amending the state's constitution through legislatively referred constitutional amendments. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
The current Texas Constitution was adopted on February 15, 1876, and is the seventh constitution in Texas history. It is one of the longest in the nation and is still growing.
