Simone Lawson
The Texas Constitution of 1876 is the sixth constitution since Texas gained independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by popular vote. The constitution contains provisions for a less expensive, locally controlled, segregated school system. It sets out the establishment of a board of education, the allocation of funds and lands for educational purposes, and the creation of free public schools. The constitution also outlines the duties of the legislature in supporting and maintaining public schools, including the authorization to levy taxes for school districts and the establishment of a university.
| Characteristics | Values |
|---|---|
| Biennial sessions of the legislature | Yes |
| Low salaries for public officials | Yes |
| Precinct voting | Yes |
| Abolition of the road tax | Yes |
| Return to the road-working system | Yes |
| Homestead exemption clause | Yes |
| Guarantees of a low tax rate | Yes |
| Less expensive, locally controlled, segregated school system | Yes |
| Less expensive court system | Yes |
| County and justice of the peace courts | Yes |
| Popular election of officers | Yes |
| Prohibited registration of voters | Yes |
| Prohibited grants of money or bonds to railroads | Yes |
| Established a board of education composed of the governor, comptroller, and secretary of state | Yes |
| Eliminated compulsory attendance | Yes |
| Established the University of Texas | Yes |
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What You'll Learn
Segregated schools
The Texas Constitution of 1876, which is the sixth constitution since Texas gained independence from Mexico in 1836, provided for a less expensive, locally controlled, segregated school system. The document abolished the office of the state superintendent and founded a board of education composed of the governor, comptroller, and secretary of state. It also eliminated compulsory attendance and made no provision for local school taxes.
The Constitution of 1876 set out to establish a segregated school system, which was a departure from the previous commitment to providing a free education for all inhabitants of the state between the ages of six and eighteen, regardless of sex or race. The shift towards segregation in schools can be attributed to the unique historical context of Texas at the time, influenced by both Spanish and Mexican traditions as well as Jacksonian agrarianism and frontier radicalism.
The Constitution of 1876 also made provisions for the establishment of The University of Texas. It set aside a perpetual fund for the university, which included proceeds from lands previously granted to schools, alternate sections of land reserved by the state, and proceeds from the sale of public lands. The document also outlined the duties of the board of education, which included distributing funds to counties and managing revenues derived from permanent school fund lands or other properties.
The Constitution of 1876 also addressed taxation related to the school system. It authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of twenty-one and sixty and to appropriate up to one-fourth of the general revenue. Additionally, it allowed for the collection of an additional ad valorem tax within school districts for the maintenance of public free schools and the erection of school buildings, provided that a majority of qualified voters in the district approved.
The Texas Constitution of 1876, with its provisions for a segregated school system, reflected the public opinion of the time and shaped the educational landscape in the state.
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Funding from land sales
The 1876 Texas Constitution provided for funding from land sales in several ways. Firstly, it set aside as a perpetual fund all proceeds from lands previously granted to schools, including alternate sections of land reserved for the state or granted to railroads or other corporations. This built upon the 1869 Constitution, which mandated that any land recovered from railroad companies would be sold to benefit the state school fund.
Secondly, the 1876 Constitution stipulated that one-half of the public domain of the state and all sums of money from the sale of any portion of it would be allocated to a perpetual public school fund. This fund would be used to support, maintain, and improve schools, with the interest accrued being available for use. Additionally, the legislature was authorized to levy a poll tax of one dollar on males between 21 and 60 years old, with the proceeds going towards the public school fund.
The constitution also established a Board of Education composed of the governor, comptroller, and secretary of state, who were responsible for distributing funds to counties for public schools. Furthermore, it allowed for the sale of lands granted for asylums and the investment of the proceeds in a similar manner to school lands, further contributing to the funding of educational institutions.
Overall, the 1876 Texas Constitution aimed to provide for a less expensive, locally controlled, segregated school system, and these provisions ensured a dedicated source of funding for the state's educational institutions.
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Funding from poll tax
The Texas Constitution of 1876, the sixth constitution since Texas gained independence from Mexico in 1836, was adopted on February 15, 1876, by popular vote. It was drafted by the Constitutional Convention of 1875 and remains the basic organic law of Texas.
The Constitution of 1876 provided for a poll tax of one dollar on all male inhabitants between the ages of 21 and 60. This was not a prerequisite for voting, as some sources claim. Instead, it was intended to raise revenue for the state. The poll tax was in place until 1966 when the U.S. Supreme Court made poll taxes illegal in state elections.
The 1876 Constitution also set aside one million acres of the public domain to support the establishment of the University of Texas and its branches, with all sales and proceeds going to a Permanent University Fund. This included proceeds from the sale of lands previously granted for educational purposes, as well as future grants.
The Constitution of 1876 also provided for a less expensive, locally controlled, segregated school system. It abolished compulsory school attendance and the office of the state superintendent, and established a board of education composed of the governor, comptroller, and secretary of state.
Overall, the Constitution of 1876 complied with public opinion at the time. It provided for biennial sessions of the legislature, low salaries for public officials, precinct voting, and a homestead exemption clause. It also guaranteed low tax rates and prohibited certain expenditures, such as grants of money or bonds to railroads.
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Board of Education
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. The document was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by popular vote. It remains the basic organic law of Texas.
Article VII of the Texas Constitution of 1876 is dedicated to Education and Public Free Schools. This article establishes the Board of Education, which is composed of the governor, comptroller, and secretary of state. The Board of Education is responsible for distributing funds to counties and performing other duties concerning public schools as prescribed by law.
The Constitution of 1876 provided for a less expensive, locally controlled, segregated school system. It set aside a perpetual fund for public schools, composed of proceeds from lands previously granted to schools, alternate sections of land reserved by the state, and the proceeds from the sale of public lands. The document abolished compulsory school attendance and made no provision for local school taxes.
The Constitution of 1876 also authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of twenty-one and sixty, with one-fourth of the revenue going towards the support of public free schools. The legislature was also empowered to pass laws for the assessment and collection of taxes in school districts and for the management and control of public schools.
The Board of Education, along with the General Land Office and other entities responsible for managing revenues derived from permanent school fund land, has the discretion to distribute revenue to the available school fund each year, with a limit of $600 million per entity.
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University of Texas
The University of Texas, a flagship public university system in the US state of Texas, has a rich history that is closely tied to the state's 1876 Constitution. The constitution played a pivotal role in shaping the university and the state's education system as a whole. One of the most significant provisions of the 1876 Texas Constitution was its support for public education. This included the establishment and funding of public schools, as well as the creation of the Permanent University Fund (PUF), which specifically benefited the University of Texas.
The PUF was created to provide a stable and consistent source of funding for the university system. It was established with a combination of public land sales and endowment funds. The constitution designated that income from these sources would be used to support the university, ensuring it had the financial resources to grow and thrive. This forward-thinking approach to education funding set Texas apart and helped lay the foundation for a robust education system in the state. The PUF has been instrumental in the university's success and has allowed it to become one of the leading institutions of higher education in the country.
The 1876 Constitution also had a direct impact on the governance and structure of the University of Texas. It outlined the role of the Board of Regents, who were given the power to manage and control the university's affairs. This included the authority to appoint a university president, as well as the power to create and maintain schools, colleges, and departments within the university system. The constitution also provided for a level of autonomy and self-governance for the university, allowing it to make decisions in its best interests and adapt to the changing needs of higher education.
Another important aspect of the 1876 Texas Constitution was its commitment to accessibility and equality in education. This included provisions for universal primary education and the establishment of a system of free public schools. While the focus of the PUF was on higher education, the constitution's support for primary and secondary education helped create a pipeline of students who could eventually attend institutions like the University of Texas. This comprehensive approach to education ensured that all Texans had the opportunity to pursue an education and that the university could draw from a well-educated and diverse pool of applicants.
The University of Texas has a proud history and a reputation for academic excellence. The support and framework provided by the 1876 Texas Constitution were instrumental in its development and success. The constitution's focus on education, both at the primary and higher levels, ensured that the university had the funding, governance, and accessibility necessary to become one of the leading educational institutions in the United States. Today, the University of Texas continues to build on this strong foundation, contributing to the advancement of knowledge and the betterment of society.
The lasting impact of the 1876 Texas Constitution on the University of Texas and the state's education system is a testament to the foresight and commitment of its drafters. Their vision of a well-educated populace and a robust system of public education has had a profound influence on generations of Texans. As the university continues to thrive and evolve, it carries with it the legacy of that pivotal moment in the state's history.
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Frequently asked questions
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876.
The 1876 Texas Constitution provided for a less expensive, locally controlled, segregated school system. It authorised the legislature to levy a poll tax of $1 on all male inhabitants between 21 and 60 years of age, with the proceeds going towards funding public schools. It also established a board of education composed of the governor, comptroller, and secretary of state.
The 1876 Texas Constitution enabled the expansion of the public school system by removing limitations found in previous constitutions. It provided for the establishment of free public schools throughout the state, funded by taxation on property.
The Board of Education, composed of the governor, comptroller, and secretary of state, was responsible for distributing funds to counties and performing other duties related to public schools as prescribed by law.
Yes, the 1876 Texas Constitution provided for the establishment of a university of the first class, which later became the University of Texas. It also established a permanent university fund to support the university's establishment and maintenance.
