Jonah Patel
The Texas Constitution is the foundational legal document of the State of Texas, outlining the structure and functions of the state government, the rights of citizens, and the limits of state power. It is not meant to be changed without substantial political and public support. 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 a constitutional amendment. Two-thirds of the members must then approve the joint resolution in order for it to be placed on the ballot. A majority of Texas voters must then approve the amendment in a special election for it to become a part of the Constitution.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | Any member in either chamber of the Texas Legislature |
| What is the minimum number of votes required to place an amendment on the ballot? | 100 members of the Texas House and 21 members of the Texas Senate (two-thirds) |
| Who prepares the explanatory statement? | Secretary of State |
| Who approves the explanatory statement? | Attorney General |
| When should the first notice be published? | Not more than 60 days or less than 50 days before the date of the election |
| When should the second notice be published? | On the same day in the succeeding week |
| Who decides the standards for the rate of charge for publication? | Legislature |
| Who submits the returns to the Secretary of State? | Returning officer in each county |
| What is the next step if a majority of the votes are in favor of an amendment? | The Governor issues a proclamation |
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What You'll Learn
Amendments proposed by the legislature
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. The process for amending the constitution was established in 1876.
Any member in either chamber of the Texas Legislature can 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. The proposal for submission must be approved by a vote of two-thirds of all members elected to each House, entered by yeas and nays on the journals. The date of the elections is specified by the Legislature.
Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. 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 one or more "propositions" (the proposed amendments) and given the choice to 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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Majority of votes cast
The Texas Constitution is the foundational legal document of the State of Texas. It outlines the structure and functions of the state government, the rights of citizens, and the limits of state power. 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 a constitutional amendment. A two-thirds vote of each chamber of the legislature (a minimum of 100 members of the Texas House and 21 members of the Texas Senate) is required to place a constitutional amendment on the ballot. The amendment may add to, remove from, or modify the text of the constitution.
Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. The Texas secretary of state conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot. On the ballot, voters are presented with one or more "propositions" (the proposed amendments) and given the choice to vote for or against each one.
If a majority of the votes cast are in favor of an amendment, it shall become a part of the Constitution, and the governor must issue a proclamation to that effect. From 1876 through 2019, the Texas Constitution was amended 507 times. Voters have approved 507 amendments and rejected 180, a ratification rate of 74%.
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Special elections
The Texas Constitution is the foundational legal document of the State of Texas, outlining the structure and functions of the state government, the rights of citizens, and the limits of state power. It is amended through a process of legislatively referred constitutional amendments, requiring voter approval. Any member of either chamber of the Texas Legislature can propose an amendment, in the form of a joint resolution, which must be approved by a two-thirds majority in both houses to be placed on the ballot.
The process of amending the Texas Constitution is outlined in Article 17 of the constitution. The Legislature can propose amendments at any regular session or special session, and the date of the election is set by the Legislature. The proposal must be approved by a two-thirds majority in each House, with a minimum of 100 members of the Texas House and 21 members of the Texas Senate. The Secretary of State then prepares an explanatory statement, approved by the Attorney General, which is published in each state newspaper, along with the date of the election and the wording of the proposition, at least 50 days before the election.
Constitutional amendment elections, also called ratification elections, typically take place in odd-numbered years after regular sessions of the legislature. Voters are presented with one or more "propositions" and can vote for or against each one. A majority of votes cast in favour of an amendment is required for it to become part of the Constitution, and the governor must then issue a proclamation to that effect.
The process for a special election to amend the Texas Constitution begins with the introduction of a joint resolution by a member of the Texas Legislature. This joint resolution proposes a specific amendment to the constitution. For the resolution to proceed, it must gain the approval of a supermajority of two-thirds of the members in both the Texas House and Senate. This requirement ensures that any changes to the constitution have substantial political support within the legislature. Once the resolution passes this stage, it is filed directly with the Secretary of State, bypassing the need for the governor's signature.
The Secretary of State plays a crucial role in the special election process. They are responsible for preparing an explanatory statement that clearly outlines the nature of the proposed amendment. This statement is then approved by the Attorney General to ensure legal accuracy. The Secretary of State is also tasked with publishing the explanatory statement, along with relevant details such as the date of the special election and the exact wording of the proposition, in state newspapers. This information must be made available to the public at least 50 days but no more than 60 days before the special election date.
The special election is then held, and voters across Texas cast their ballots to approve or reject the proposed amendment. The election follows procedures prescribed by the Legislature, and the returning officer in each county submits the vote tallies to the Secretary of State. For an amendment to be ratified and become part of the Texas Constitution, it must receive a simple majority of votes in its favour. The governor then issues a proclamation announcing the outcome of the special election and the successful amendment's inclusion in the constitution.
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Ballot propositions
The Texas Constitution can be amended through a ballot proposition, which is a legislatively referred constitutional amendment that requires voter approval. This process is outlined in Article 17 of the Texas Constitution.
Any member of either chamber of the Texas Legislature can introduce a joint resolution proposing a constitutional amendment. A two-thirds vote of each chamber of the legislature (a minimum of 100 members of the Texas House and 21 members of the Texas Senate) is required to approve the joint resolution and place the amendment on the ballot. The joint resolution does not need to be signed by the governor but is filed directly with the secretary of state. The proposed amendment can add to, remove from, or modify the text of the constitution.
The secretary of state prepares an explanatory statement about the proposed amendment, which is approved by the attorney general. The secretary of state then sends a full copy of the proposed amendment to each county clerk, who posts it in a public place in the courthouse at least 30 days before the election. The explanatory statement, along with the date of the election and the wording of the proposition, is published twice in each eligible newspaper in the state within a specified timeframe.
During a constitutional amendment election or ratification election, voters are presented with one or more propositions (the proposed amendments) and can vote for or against each one. If a majority of the votes cast are in favour of an amendment, it becomes part of the constitution, and the governor issues a proclamation. From 1876 to 2019, the Texas Constitution was amended 507 times, with voters approving 74% of the amendments on the ballot.
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Secretary of State's role
The Texas Secretary of State is one of six officials named in the Texas Constitution, forming the Executive Department of the state. The Secretary of State plays a crucial role in the process of amending the Texas Constitution. Here is a detailed overview of their responsibilities in this process:
Preparing and Submitting Proposed Amendments
The Secretary of State is responsible for preparing a brief explanatory statement about the nature of a proposed amendment. This statement includes the date of the election and the wording of the proposition as it will appear on the ballot. The statement must be approved by the Attorney General before being published. The Secretary of State ensures that this information is accessible to the public by sending a full copy of the proposed amendment to each county clerk, who then posts it in a public place in the courthouse. This step is crucial for transparency and ensuring that voters understand the implications of the proposed changes.
Ballot Order Selection
The Secretary of State selects the ballot order for the constitutional amendment election. This involves deciding the order in which proposed amendments will appear on the ballot. Texans then vote on these amendments, and the Secretary of State plays a key role in facilitating this process.
Voter Education and Outreach
The Secretary of State's office administers the Elections Division, which is responsible for implementing the Texas Election Code and managing voter registration records. This division also oversees Project V.O.T.E. (Voters of Tomorrow through Education), a curriculum taught to students from kindergarten to grade 12. The project educates young Texans about the electoral process and encourages them to participate in voting when they become eligible.
Returns and Proclamation
After an election, the returning officer in each county submits the returns to the Secretary of State. These returns detail the number of legal votes cast for and against each amendment. If a majority of votes are in favour of an amendment, the Secretary of State informs the Governor, who then makes a proclamation adding the amendment to the Constitution.
The Secretary of State's role in amending the Texas Constitution is, therefore, multifaceted and vital to ensuring a smooth and transparent process. They are responsible for preparing and disseminating information about proposed amendments, facilitating the voting process, educating future voters, and finalising the results.
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Frequently asked questions
The Texas Constitution is the foundational legal document of the State of Texas, outlining the structure and functions of the state government, the rights of citizens, and the limits of state power.
Any member in either chamber of the Texas Legislature may introduce a joint resolution proposing a constitutional amendment.
Two-thirds of the members must approve the joint resolution for it to be placed on the ballot. The amendment may add to, remove from, or modify the text of the constitution. The voters then approve the amendment in a special election. If a majority of the votes are in favour of the amendment, it becomes part of the Constitution, and the governor issues a proclamation.
Joint resolutions are adopted by the legislature and are not submitted to the governor for signing. They are filed directly with the secretary of state.
Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature.
