Jonah Patel
The Texas Constitution is one of the longest in the US and has been amended numerous times since it was ratified in 1876. The Texas Legislature can propose amendments to the Constitution, which are then decided on by Texas voters. From 1876 to 2024, the Texas Legislature proposed 714 amendments, of which 530 were approved by voters, 181 were defeated, and three never made it to the ballot. The Texas Constitution is one of 11 state constitutions with no clear mechanism for calling a constitutional convention.
| Characteristics | Values |
|---|---|
| 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 |
| Date of the current Texas Constitution | February 15, 1876 |
| Number of sections in Article 1 of the Texas Constitution ("Bill of Rights") | 34 |
| Number of sections added to Article 1 since 1876 | 5 |
| Number of Texas constitutional conventions held | 5 |
| Date of the first Texas Constitution | 1827 |
| Date of the second Texas Constitution | 1836 |
| Date of the third Texas Constitution | 1845 |
| Date of the fourth Texas Constitution | 1861 |
| Date of the fifth Texas Constitution | 1866 |
| Date of the sixth Texas Constitution | 1869 |
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What You'll Learn
The Texas Constitution's lengthy amendment history
The Texas Constitution has a lengthy and complex history of amendments, with the current document being the seventh constitution in the state's history. The first Texas Constitution was adopted in 1827 when the state was still part of Mexico. Since then, Texas has had constitutions in 1836 (the Constitution of the Republic of Texas), 1845 (upon admission to the United States), 1861 (at the beginning of the American Civil War), 1866 (post-Civil War), 1869, and the current version in 1876.
The 1876 Constitution was drafted amid widespread discontent with the centralized authority and perceived excesses of the Reconstruction-era government. This version was dominated by Democrats, including former Confederates, who sought to reduce government spending and restore local control. The document was ratified in 1876 and remains the foundation of Texas' government today. It reflects a deep mistrust of government power and imposed several limitations on state authority.
However, the restrictive nature of the 1876 Constitution has led to the need for frequent amendments to address emerging state needs. The Texas Constitution is one of the longest in the nation and has been amended over 500 times since its adoption, making it one of the most amended state constitutions in the US. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by voters, 181 defeated, and three never making it to the ballot.
The Texas Constitution can be amended through a legislatively referred process, requiring voter approval. The state has held five constitutional conventions, with the most recent one being in 1875. The Texas Bill of Rights, or Article 1, has been expanded from 29 to 34 sections since 1876, with provisions outlining specific limitations on state government power and guaranteeing certain rights to citizens.
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The ratification process
Firstly, the Texas Legislature must propose an amendment. This has occurred numerous times since 1876, with the Legislature proposing a total of 714 amendments as of 2024. The Texas Constitution is one of the longest in the nation and is still frequently amended, reflecting the state's evolving needs and priorities.
Following the proposal, Texas voters decide whether to adopt the amendment. The majority of proposed amendments have been approved by voters, with 530 adopted and 181 defeated as of 2024. This voter approval is a crucial step in the ratification process, ensuring that the people of Texas have a direct say in shaping their state's constitution.
The Texas Constitution's ratification process also involves constitutional conventions, which have been held five times in the state's history. These conventions bring together delegates to draft and discuss amendments, and they played a significant role in shaping the current constitution, particularly in addressing widespread discontent with the Reconstruction-era government after the Civil War.
The Texas Constitution's amendment and ratification process allows for frequent revisions, ensuring that the state's fundamental governing document remains responsive to the changing needs and values of its citizens. The process also highlights the state's unique history and political landscape, with the constitution being one of the most amended and longest in the United States.
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The role of the Texas Legislative Council
The Texas Constitution is one of the longest in the United States and has been amended numerous times. The Texas Legislative Council plays a crucial role in the amendment process by providing essential resources and information.
The Texas Legislative Council is responsible for maintaining and providing access to the official text of the Texas Constitution, including all proposed and adopted amendments. This information is readily available to the public through the Texas Constitution and Statutes Online. Additionally, the Council offers historical context for the Texas Constitution, dating back to the state's earliest constitutions.
One of the key responsibilities of the Texas Legislative Council is to assist with the drafting and review of proposed amendments. The Council's expertise ensures that amendments are carefully crafted, legally sound, and aligned with the Texas Constitution's complex structure and provisions. This technical assistance is invaluable given the frequent amendments proposed in Texas.
Furthermore, the Texas Legislative Council helps maintain the integrity of the amendment process by verifying and certifying proposed amendments. This includes confirming that proposed amendments comply with the rules and procedures outlined in the Texas Constitution and relevant laws. The Council also plays a role in educating the public about the amendment process, promoting transparency, and facilitating engagement between legislators and their constituents.
In summary, the Texas Legislative Council plays a vital role in the amendment process of the Texas Constitution. By providing access to information, historical context, legislative support, and ensuring the integrity of the process, the Council facilitates the effective functioning of Texas's legislative system. The Council's expertise and resources are instrumental in maintaining the state's long and complex constitutional history.
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Voter approval and the referendum
The Texas Constitution is one of the longest in the nation and is still growing. Since 1876, the Texas Legislature has proposed hundreds of amendments, most of which have been adopted by voters. The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. This is done through a referendum.
The current Texas Constitution, the seventh in the state's history, was ratified in 1876 and remains the foundation of Texas government today. It was drafted amid widespread discontent with the centralised authority and perceived excesses of the Reconstruction-era government. The resulting document reflects a deep-rooted mistrust of government power and has been amended over 500 times since its adoption.
The Texas Constitution stipulates that the state of Texas has only those powers explicitly granted to it. It also explicitly provides for the separation of powers and incorporates its bill of rights directly into the text of the constitution (as Article I). The bill of rights includes provisions not included in the federal Constitution, such as Section 12, which recognises the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances.
Texas voters have the power to approve or defeat proposed amendments to the constitution. This process of direct democracy allows Texans to have a direct say in shaping the state's fundamental laws. As of 2024, the Texas Legislature had proposed 714 constitutional amendments, of which 530 were approved by voters, 181 were defeated, and three never made it to the ballot.
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The impact of constitutional conventions
Texas has had several constitutional conventions throughout its history, with significant impacts on the state's governance and civil rights.
The Texas Constitutional Convention of 1868-1869 was a pivotal moment in the state's history, addressing issues of civil rights and governance. The convention was dominated by Radical Republicans, with a significant number of Black delegates, and it led to the Constitution of 1869. This convention was a response to the state's previous secession from the Union and its alignment with the Confederate States during the Civil War.
The Constitutional Convention of 1875 was a reaction to the radical Constitution of 1869 and resulted in the current Texas Constitution of 1876. This convention was controlled by Democrats, including former Confederates, and it reflected a deep mistrust of government power, imposing limitations on state authority. The 1876 Constitution has been amended over 500 times, making it one of the most amended state constitutions in the US.
The Texas Constitutional Convention of 1974 was another significant gathering, aiming to draft a new constitution. However, it failed to produce a document to submit to voters due to divisive politics and controversial issues such as the right-to-work provision. While the 1974 convention did not result in a new constitution, it left a legacy of extensive written material on the Texas Constitution.
Overall, the constitutional conventions in Texas have had a profound impact on the state's governance, civil rights, and the relationship between state and federal power. They have been a platform for addressing broader issues beyond just writing a constitution, and their outcomes have shaped the political landscape of Texas, often reflecting the ideological divides of the time.
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Frequently asked questions
Since its adoption in 1876, the Texas Constitution has been amended over 500 times, making it one of the most amended state constitutions in the US.
According to Article XVII, Section 1, of the Constitution of 1876, two-thirds of all members of each house of the Texas legislature may propose amendments at any regular biennial session. Members of the legislature can also propose amendments at special sessions, as long as the subject is included among the session's purposes for convening.
The proposed amendment must be published twice in all newspapers that print official notices. The first printing can appear no sooner than 60 days and no later than 50 days before an election, and the second is published the following week. A copy of the complete text of each amendment is also posted in every county courthouse at least 30 days before the election.
An amendment is ratified if it receives a favourable majority of votes cast on it. Most amendments are voted on in the November general election or in a special election called by the legislature. The legislature prepares the ballot language for each amendment.
