Jonah Patel
The Texas Constitution is the foundational legal document of the State of Texas, outlining the rights of citizens and the limits of state power. The process of proposing a constitutional amendment in Texas involves several steps. Firstly, any member of the Texas Legislature can introduce a joint resolution proposing an amendment. For the resolution to be placed on the ballot, it must gain approval from two-thirds of the members in both the Texas Senate and House of Representatives. The joint resolution specifies the ballot language that voters will see, which describes the proposed amendment. The Secretary of State plays a crucial role by filing the resolution and determining the order of proposed amendments on the ballot. Ahead of the election, the Secretary of State publicizes the proposed amendments, including an explanatory statement. The election is then held, and if a majority of votes are cast in favour of the amendment, it becomes part of the Constitution, with the governor issuing a proclamation.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | Any member in either chamber of the Texas Legislature |
| What is required for an amendment to be placed on the ballot? | A joint resolution must be passed with a two-thirds majority in both the Texas Senate and Texas House of Representatives |
| Who decides the ballot language? | The joint resolution specifies the ballot language, which is approved by the attorney general |
| Who decides the ballot order? | The Texas secretary of state conducts a random drawing |
| When do constitutional amendment elections take place? | Odd-numbered years after regular sessions of the legislature |
| What is the process for publicizing proposed amendments? | The secretary of state is required to widely publicize proposed amendments, including publication of an explanatory statement, the date of the election, and the wording of the proposition |
| What is required for an amendment to be adopted? | A majority of Texas voters must approve the amendment |
| Who issues a proclamation after an amendment is adopted? | The governor |
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What You'll Learn
The Texas Legislature passes a joint resolution
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. Any changes to the Texas Constitution require substantial political and public support. Any member in either chamber of the Texas Legislature may introduce a joint resolution proposing a constitutional amendment.
The Texas Legislature first passes a joint resolution proposing the constitutional amendment. A joint resolution is a proposal introduced by a member of either chamber of the Texas Legislature. The proposal must then be approved by a vote of two-thirds of all the members of both the Texas Senate and the Texas House of Representatives. That means a minimum of 100 members of the Texas House and 21 members of the Texas Senate. The amendment may add to, remove from, or modify the text of the constitution.
The joint resolution specifies the ballot language that voters will see, which describes part but not all 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.
Unlike bills, which are presented to the governor for their approval or veto, joint resolutions adopted by the legislature are not submitted to the governor for signing. Instead, they are filed directly with the secretary of state. The secretary of state is required to widely publicize proposed amendments before the election. This includes publishing "a brief explanatory statement of the nature of a proposed amendment, together with the date of the election and the wording of the proposition as it is to appear on the ballot." The explanatory statement is prepared by the secretary of state and approved by the attorney general. It must be published in each newspaper in the state and posted in a public place in each county courthouse at least 30 days before the election.
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A majority of voters approve the amendment
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. As such, it is not meant to be changed without substantial political and public support.
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 for it to be placed on the ballot. This means a minimum of 100 members of the Texas House and 21 members of the Texas Senate. The amendment may add to, remove from, or modify the text of the constitution.
Ahead of the election, the secretary of state is required to widely publicize proposed amendments. This includes publishing a brief explanatory statement of the nature of the proposed amendment, the date of the election, and the wording of the proposition as it will appear on the ballot. The election is then held in accordance with procedures prescribed by the Legislature, in essentially the same manner as other types of elections.
If a majority of voters approve the amendment, it shall become part of the Constitution, and the governor must issue a proclamation to that effect. The Texas Constitution has been amended several times through this process, with the most recent example being the May 7, 2022, Constitutional Amendment Election, where Texans had the opportunity to approve two proposed amendments with a majority vote.
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The Secretary of State publicizes proposed amendments
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. As such, it is not meant to be changed without substantial political and public support.
The Texas Constitution can be amended through a process that begins with the Texas Legislature, which first passes a joint resolution proposing the constitutional amendment. A joint resolution is a proposal that can be introduced by any member of the Texas Legislature. This resolution must then be approved by a two-thirds majority in both the Texas House and the Texas Senate to be placed on the ballot.
Once a joint resolution has been passed, the Secretary of State is required to publicize the proposed amendments ahead of the election. This includes publishing a brief explanatory statement about the nature of the proposed amendment, the date of the election, and the wording of the proposition as it will appear on the ballot. The Secretary of State must also send a full and complete copy of the proposed amendment to each county clerk, who will post it in a public place in the courthouse at least 30 days before the election. The first notice must be published between 50 and 60 days before the election, and the second notice should be published on the same day of the week as the first, in the succeeding week.
The Secretary of State also conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot if more than one constitutional amendment passes the legislature in a given year.
The election is then held, and the returning officer in each county submits the returns to the Secretary of State, who will tally the votes for and against each amendment. If a majority of the votes cast are in favor of an amendment, it becomes part of the Texas Constitution, and the governor issues a proclamation to that effect.
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The Secretary of State determines the order of proposed amendments
The process of proposing a constitutional amendment in Texas involves several steps, and the Secretary of State plays a crucial role in determining the order of proposed amendments. Here is an overview of the process, specifically focusing on the role of the Secretary of State in setting the order of proposed amendments:
The Secretary of State's Role:
The Secretary of State is responsible for determining the order in which proposed constitutional amendments will appear on the ballot. This process ensures that Texans have a say in amending their state's constitution. The Secretary of State's role includes the following key steps:
Preparing and Filing Proposed Amendments:
Any member of the Texas Legislature can introduce a joint resolution proposing an amendment. If more than one constitutional amendment is passed by the Legislature in a given year, the Secretary of State conducts a random drawing to decide the order of the proposed amendments on the ballot. This process ensures that each amendment is given equal consideration and that the ballot is fair and unbiased.
Publicizing Proposed Amendments:
Ahead of the election, the Secretary of State is responsible for publicizing the proposed amendments. This includes publishing an explanatory statement that describes the nature of each amendment, the date of the election, and the exact wording of the proposition as it will appear on the ballot. This statement must be published in accordance with legislative requirements, ensuring that Texans have access to clear and accurate information about the proposed changes.
Working with County Clerks:
The Secretary of State sends a complete copy of the proposed amendment(s) to each county clerk. The clerks then post the information in a public place in the courthouse at least 30 days before the election. This step ensures that Texans across the state have physical access to the proposed amendments and can inform themselves before casting their votes.
Holding the Election:
The election is held in accordance with procedures prescribed by the Legislature. After the votes are cast, the returning officer in each county submits the returns to the Secretary of State, who will receive the number of legal votes cast for and against each amendment.
Finalizing the Amendment:
If a majority of the votes are in favor of an amendment, it becomes part of the Texas Constitution. At this stage, the Governor issues a proclamation to that effect, formally announcing the successful amendment.
The process outlined above demonstrates the critical role of the Secretary of State in ensuring a transparent and democratic process for proposing and adopting constitutional amendments in Texas. By determining the order of proposed amendments and overseeing the election process, the Secretary of State helps uphold the integrity of the state's constitutional framework.
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The Governor issues a proclamation
The process of proposing a constitutional amendment in Texas involves several steps, and one of the final steps involves the governor issuing a proclamation. This step occurs after the majority of votes have been cast in favour of an amendment. The governor's proclamation confirms and announces that the amendment has been approved and will become part of the Texas Constitution.
The process of amending the Texas Constitution is outlined in Article 17 of the Texas Constitution itself. It begins with the Texas Legislature, which can propose amendments at any regular or special session. Any member of either chamber of the Texas Legislature may introduce a joint resolution proposing an amendment. This joint resolution must be approved by a vote of at least two-thirds of the members in each house, which means a minimum of 100 members of the Texas House and 21 members of the Texas Senate.
Once the joint resolution is approved, it is not submitted to the governor for signing. Instead, it is filed directly with the secretary of state, who plays a crucial role in the process. The secretary of state is responsible for widely publicising the proposed amendments, including publishing an explanatory statement about the nature of the amendment, the date of the election, and the exact wording of the proposition that voters will see on the ballot.
After the election, if a majority of votes are cast in favour of the amendment, the governor must issue a proclamation declaring that the amendment has been approved and is now part of the Texas Constitution. This proclamation is a formal announcement that confirms the amendment's adoption into the state's foundational legal document.
It is important to note that the governor's role in this process is primarily ceremonial, as they do not have the power to veto or directly influence the adoption of the amendment. The power to propose and approve amendments lies with the Texas Legislature and the voters of Texas.
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Frequently asked questions
Any member of either chamber of the Texas Legislature can introduce a joint resolution proposing a constitutional amendment.
First, a joint resolution proposing the constitutional amendment is passed by the Texas Legislature. The joint resolution specifies the ballot language that voters will see, which describes part but not all of the proposed amendment. The proposed amendment must be approved by at least two-thirds of the members of both the Texas Senate and the Texas House of Representatives. If the proposed amendment passes this stage, it is filed directly with the secretary of state and will appear on the ballot in a special election.
The secretary of state is required to widely publicize the proposed amendment, including publishing an explanatory statement of the nature of the proposed amendment, the date of the election, and the wording of the proposition as it will appear on the ballot. The election is then held, and 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 are in favor of the amendment, it shall become part of the Texas Constitution, and the governor must issue a proclamation to that effect.
