Simone Lawson
The US Constitution and the Texas Constitution are both amendable, but the process for amending them differs. The US Constitution has a single, unified document that outlines the procedure for its amendment, whereas the Texas Constitution has been amended through a two-step process since 1876, when the current version was adopted. Texas's constitution is the third-most amended state constitution, with 528 amendments as of 2023. The Texas Legislature proposes amendments, which are then voted on by the people of Texas. This process is outlined in Article 17 of the Texas Constitution.
| Characteristics | Values |
|---|---|
| Number of Amendments | 528 (as of 2023) |
| Number of Amendments approved by voters | 530 (as of 2024) |
| Number of Amendments defeated | 181 (as of 2024) |
| Number of Amendments not on ballot | 3 (as of 2024) |
| Ratification rate | 74% (as of 2019) |
| Number of Sections | 34 |
| Number of original sections removed | 66 (as of 2019) |
| Number of additional sections | 5 |
| Number of sections in the Bill of Rights | 29 |
| Number of sub-sections in State Debts | 30 |
| Number of sub-sections added in 2003 | 2 |
| Minimum number of members in Texas House required to approve joint resolution | 100 |
| Minimum number of members in Texas Senate required to approve joint resolution | 21 |
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What You'll Learn
The US Constitution has 27 amendments
The US Constitution's amendments include the Bill of Rights, which applies to all citizens, whereas the Texas Constitution's Bill of Rights applies solely to actions by the Texas government. The Texas Constitution also includes a variety of other topics, such as local government, taxes, and private property rights.
The Texas Constitution is a dynamic, living document designed to be changed to reflect the state's growth and development. It is a long and restrictive document that acts as a check on state government power. It is also highly detailed, which was intended to prevent state officials from taking advantage of vague language. However, this level of detail means the constitution can easily become outdated and need amending.
The process for amending the Texas Constitution is outlined in Article 17 and involves a two-step process. First, any member of the Texas Legislature can introduce a joint resolution proposing an amendment. Two-thirds of members must then approve the resolution for it to be placed on the ballot. The amendment may add to, remove, or modify the text of the constitution. If more than one amendment passes the legislature in a given year, the Texas secretary of state conducts a random drawing to determine the order in which they appear on the ballot.
The second step involves voters, who are presented with the proposed amendments, or "propositions," and can vote for or against each one. If a majority of votes are cast in favor, the amendment becomes part of the constitution, and the governor issues a proclamation.
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Texas Constitution: 528 amendments
The Texas Constitution, which came into effect in 1876, is the second-longest state constitution in the US and has been amended 528 times. This makes it the third-most amended state constitution, with only Alabama and California having been amended more frequently.
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. A simple majority (50% plus one vote) is needed for voters to approve amendments. The Texas Constitution is one of 11 state constitutions with no clear mechanism for calling a constitutional convention.
The Texas Constitution's Article 1, or the "Bill of Rights," is considerably lengthier and more detailed than the federal Bill of Rights. It contains 34 sections, 29 of which were part of the original document, and five added later. This article outlines specific, fundamental limitations on the power of the state government and grants certain rights to citizens that cannot be ignored. Notably, it includes an unqualified right to habeas corpus, prohibiting its suspension under any circumstances.
Article 2 of the Texas Constitution is labelled the "Power of Government" and provides for the separation of powers. Article 3 is labelled "Legislative Department." Article 8, "Taxation and Revenue," restricts the ability of the Legislature and local governments to impose taxes, particularly local property taxes. It also prohibits statewide property taxes. Article 9, "Counties," provides rules for creating counties and determining county seats. Article 17, "Mode of Amending the Constitution of This State," prescribes the procedure for amending the constitution.
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Texas: legislative and voter approval
The Texas Constitution is a dynamic, living document designed to be changed to reflect the growth and development of the state. It is the second-longest state constitution in the United States and the third-most amended. The 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 the Texas Bill of Rights (which includes unique provisions not in the federal Constitution) directly into the text as Article 1.
The Texas Constitution can be amended with a legislatively-referred constitutional amendment, which requires voter approval. Any member in either chamber of the Texas Legislature may introduce a joint resolution proposing an amendment. Two-thirds of the members (a minimum of 100 members of the Texas House and 21 members of the Texas Senate) must then approve the joint resolution for it to be placed on the ballot. The joint resolution specifies the ballot language that voters will see, which describes part but not all of the proposed amendment.
Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. If more than one amendment passes the legislature in a given year, the Texas secretary of state conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot. Voters are presented with one or more "propositions" and given the choice to vote for or against each one. Ahead of the election, the secretary of state is required to widely publicise proposed amendments, including a brief explanatory statement. After the votes are cast, the returning officer in each county submits the returns to the Secretary of State. If a majority of the votes cast were in favour of an amendment, it becomes part of the Constitution, and the governor must issue a proclamation to that effect.
From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments. Of those, 530 were approved by the electorate, 181 were defeated, and three never made it on the ballot. The Texas Legislative Council publishes an updated version of the Constitution every two years on its website. As of 2019, the current constitution had been amended 498 times.
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US Bill of Rights: first 10 amendments
The US Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. The founding document, however, lacked limits on government power. This led to the addition of the Bill of Rights, which comprises the first ten amendments to the Constitution. James Madison wrote these amendments to limit government power and protect individual liberties.
The First Amendment protects the freedom of speech and worship and prevents Congress from making laws that establish a religion. The Second Amendment protects the right to keep and bear arms. The Third Amendment prevents soldiers from being quartered in civilian homes without the owner's consent. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the right to just compensation for taken property. The Sixth Amendment provides additional protections for people accused of crimes, including the right to a speedy and public trial. The Seventh Amendment extends the right to a jury trial in Federal civil cases. The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that citizens also retain rights that are not specifically listed in the Constitution. The Tenth Amendment says that the Federal Government only has the powers delegated to it in the Constitution.
The Texas Constitution, on the other hand, is the second-longest state constitution in the US and is also frequently amended. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate. The Texas Constitution includes a bill of rights, which is more detailed than the federal Bill of Rights and contains provisions unique to Texas. For example, Section 12 recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension. Additionally, the Texas Constitution addresses the creation and maintenance of the Permanent University Fund and the establishment of universities such as The University of Texas and Texas A&M University.
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Texas: 2-step process to amend
The Texas Constitution is a dynamic, living document designed to be changed to reflect the growth and development of the state. It is one of the largest state constitutions in the US and has been amended several times. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate.
The Texas Constitution can be amended through a two-step process:
- Any member in either chamber of the Texas Legislature may introduce a joint resolution proposing a constitutional amendment. Two-thirds of the members (a minimum of 100 members of the Texas House and 21 members of the Texas Senate) must then approve the joint resolution for it to be placed on the ballot. Proposed amendments are styled HJR 1, HJR 2, and so on, short for House Joint Resolution. The joint resolution specifies the ballot language that voters will see, which describes part of the proposed amendment.
- If more than one constitutional amendment passes the legislature in a given year, the Texas secretary of state conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot. Voters are presented with propositions (the proposed amendments) and can vote for or against each one. After the votes are cast, the returning officer in each county submits the returns to the Secretary of State. If a majority of the votes cast were in favour of an amendment, it becomes part of the Constitution, and the governor must issue a proclamation to that effect.
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Frequently asked questions
The Texas Constitution can be amended through a two-step process. First, any member of the Texas Legislature may introduce a joint resolution proposing an amendment. Two-thirds of the members must then approve the joint resolution for it to be placed on the ballot. Second, the amendment is voted on, and a simple majority (50% plus 1) is required for it to pass.
The Texas Constitution has been amended frequently and is the third-most amended state constitution in the US. From 1876 to 2024, 714 constitutional amendments were proposed, with 530 approved by voters. As of 2023, the Texas Constitution has been amended 528 times.
The process of amending the US Constitution is outlined in Article V of the Constitution. There are two methods for proposing amendments: by a two-thirds vote of both houses of Congress, or by a national convention called by Congress at the request of two-thirds of the state legislatures. Amendments must then be ratified by three-fourths of the state legislatures or by ratifying conventions in three-fourths of the states.
The US Constitution has been amended 27 times since its ratification in 1789. The first ten amendments, known as the Bill of Rights, were adopted in 1791. The most recent amendment, the 27th Amendment, was ratified in 1992.
The primary difference lies in the level of government involved. Amendments to the US Constitution are proposed and ratified at the federal level, involving Congress and the state legislatures. In contrast, amendments to the Texas Constitution are proposed and ratified at the state level, involving the Texas Legislature and Texas voters. Additionally, Texas requires a simple majority for ratification, while the US Constitution requires a three-fourths majority for ratification by the states.
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