Simone Lawson
The Texas Constitution has been amended several times since its inception, with the current version being the seventh in Texas history. The first Texas Constitution was drafted in 1827 while Texas was still part of Mexico. The latest version, known as the Constitution of 1876, was framed by the Constitutional Convention of 1875 and came into effect on February 15, 1876. The Constitution of 1876 is a reflection of the public opinion in Texas at the time and has been amended over 500 times since its adoption.
| Characteristics | Values |
|---|---|
| Current Texas Constitution | Adopted on February 15, 1876 |
| Number of Constitutions in Texas History | 7 |
| Previous Constitutions and their Dates | 1827, 1836, 1845, 1861, 1866, 1869 |
| Texas Constitutional Conventions | 1861, 1866, 1868-69, 1875 |
| Number of Amendments to the 1876 Constitution | Over 500 |
| Length of 1876 Constitution | Second-longest state constitution in the US |
| Number of New Sections Added to the 1876 Constitution | 216 |
| Number of Original Sections Removed | 66 |
| Number of Added Sections Removed | 51 |
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What You'll Learn
The Texas Constitution of 1876
The Constitution of 1876 was preceded by several other constitutions, dating back to 1824 when Texas was part of Mexico. The Federal Constitution of the United Mexican States (1824) required each state to draft its own constitution. The state of Coahuila and the former Spanish province of Texas were combined as the state of Coahuila and Texas, and its constitution was promulgated in 1827. In 1835, Texas passed a Declaration of Independence to take up arms against Mexico, create a provisional government, and produce a constitution. The Texas Declaration of Independence of 1836 stated that Mexico had violated basic governing responsibilities and promises made to Anglo-Americans who migrated to Coahuila and Texas. The resulting constitution of the Republic of Texas incorporated large sections of the United States Constitution along with Mexican law. It allowed for slavery, gave voting rights to males, and prohibited citizenship for African Americans and Natives.
After Texas seceded from the Union in 1861, the Texas Constitution was amended to transfer Texas statehood from the United States of America to the Confederacy. Following the Confederacy's defeat, Texas and the other former Confederate states were required to adopt new constitutions to rejoin the federal Union. The Constitution of 1866 declared the Ordinance of Secession null and void, agreed to the abolition of slavery, provided some civil rights for freedmen, and repudiated war debt. However, this did not satisfy the Radical Republicans in Washington who were in charge of Reconstruction in the South. Under the Congressional Reconstruction Acts of 1867, a constitutional convention met in 1868 and 1869 but failed to draft a successful constitution. The work of the convention was edited and published as the Constitution of 1869, which was highly controversial and not accepted by many Texans.
The Constitution of 1876 began with a lengthy bill of rights, declaring Texas a free and independent state subject only to the Constitution of the United States. It affirmed equal rights for all free men, guaranteed liberty of speech and press, the right to keep and bear arms, and forbade religious tests for office (except for the acknowledgement of a Supreme Being). It defined the powers and limitations of the legislature in great detail, establishing a bicameral legislature composed of a Senate and a House of Representatives. The document also made provisions for public education, founding a board of education and establishing the University of Texas, although it also provided for segregated schools.
Despite the numerous amendments and changes that have been made to the Constitution of 1876, it remains the basic framework of Texas law today.
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Previous Texas Constitutions
Texas has had a unique history as an entity, passing through many iterations since 1824. Between 1824 and 1876, Texas was at times a part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and a state within the United States of America. The current Texas Constitution, adopted on February 15, 1876, is the seventh in the state's history. The previous six were adopted in 1827 (while Texas was part of Mexico), 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 (at the end of the Civil War), and 1869.
1827 Constitution
The 1827 Constitution was the first constitution of Texas, adopted while Texas was still part of Mexico as half of the state of Coahuila y Tejas.
1836 Constitution (Constitution of the Republic of Texas)
The 1836 Constitution, also known as the Constitution of the Republic of Texas, was the supreme law of Texas from 1836 to 1845. On March 2, 1836, Texas declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. The constitution was modelled after the United States Constitution and borrowed language from the constitutions of several southern states. It formed a unitary republic and defined the role and power of the president, voting qualifications and procedures, and the laws, duties, and rights outlined in the constitution.
1845 Constitution
On March 1, 1845, the United States enacted a congressional joint resolution to propose the annexation of Texas. On June 23, the Texan Congress accepted the resolution and consented to a convention to debate the annexation offer. The convention adopted a new constitution on August 27, 1845, and Texas was admitted to the Union on December 29.
1861, 1866, and 1869 Constitutions
Texas also adopted constitutions in 1861, 1866, and 1869, with constitutional conventions taking place in those years as well as in 1868. These constitutions coincided with the American Civil War, with the 1861 Constitution being adopted at the war's beginning and the 1866 Constitution at its conclusion.
The Texas Constitution has been amended numerous times since its adoption in 1876. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by the electorate and 181 defeated. The constitution is one of the longest and most amended state constitutions in the United States.
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The Constitution of the Republic of Texas
The constitution borrowed language from the US Constitution and the constitutions of several southern states. It formed a unitary republic, rather than the federal republic defined in the US Constitution. The President of the Republic of Texas had a three-year term and could not serve another consecutive term, based on provisions in the Mexican Constitution. The constitution included generous grants of power to state officials, especially the chief executive, and avoided many of the specific limitations and restrictions upon government found in other state constitutions of the time. It preserved well-known words and phrases from older American constitutions, making it easier to understand.
The constitution included a short preamble, a separation of powers into three branches (legislative, executive, and judicial), checks and balances, slavery, citizenship (excluding "Africans, the descendants of Africans, and Indians"), a Bill of Rights, male suffrage, and a method of amendment. The legislature was bicameral, consisting of the Senate and the House of Representatives.
Among the most important provisions were those adapted from Spanish-Mexican law, including community property, homestead exemptions and protections, and debtor relief. The constitution also sought to protect the rights of people in the unoccupied lands of the republic, which were a major attraction for immigrants to Texas. The amending process was complex, and although several amendments were suggested during its ten-year lifespan, none were ever adopted.
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The 1845 Constitution
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. On March 2, 1836, Texas declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. The declaration of independence was written by George Childress and modelled after the United States Constitution. The Constitution of 1845, which provided for the government of Texas as a state in the United States, was almost twice as long as the Constitution of the Republic of Texas. The framers, members of the Convention of 1845, drew heavily on the newly adopted Constitution of Louisiana and on the constitution drawn by the Convention of 1833. The legislative department was composed of a Senate of 19 to 33 members and a House of Representatives of 45 to 90 members. Representatives, elected for two years, were required to be at least 21 years old. Senators were elected for four years, with half chosen biennially, all at least 30 years old.
The Constitution of 1845 has been the most popular of all Texas constitutions. Its straightforward, simple form prompted many national politicians, including Daniel Webster, to remark that the Texas constitution was the best of all the state constitutions. The constitution was almost unanimously approved, and Texas voters approved both the annexation ordinance and the new state constitution in a referendum held on October 13, 1845. Texas was officially admitted into the Union on December 29, 1845, by another congressional joint resolution.
The Constitution of the Republic of Texas formed a unitary republic, rather than the federal republic as defined in the US Constitution. The President of the Republic of Texas had a three-year term and could not serve another consecutive term, based on provisions in the Mexican Constitution. Article VI built on Article III and defined the role and power of the president, who was required to be at least 35 years old and a citizen. They had to have lived in the republic for at least three years before the election or have lived there at the time of independence. The second Monday of December after the election was when the president entered office. They were to be the commander-in-chief of the army and the navy but did not command them personally without the authorization of Congress.
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Amendments to the Texas Constitution
The Texas Constitution has been amended numerous times since its adoption in 1876, reflecting the state's evolving needs and priorities. It is one of the longest and most frequently amended state constitutions in the United States. As of 2024, the Texas Legislature has proposed 714 amendments, with 530 approved by voters, 181 defeated, and three never making it to the ballot.
The Texas Constitution's restrictive nature has necessitated many amendments to address emerging state needs. The document imposes limitations on state authority and restricts the legislature's ability to act outside narrow boundaries. For example, Section 49 ("State Debts") limits the legislature's power to incur debt only for specific purposes stated in the Constitution. To allow for debt incurrence for other purposes, multiple amendments have been added and voted on by the people.
The Texas Constitution also addresses the creation and maintenance of the Permanent University Fund and mandates the establishment of "a University of the first class," The University of Texas, and "an Agricultural and Mechanical department," Texas A&M University. In 1915 and 1919, amendments were proposed to separate these two university systems, but both failed. The Texas Constitution includes a Bill of Rights, which provides protections for Texas citizens that are similar to, but more detailed than, those in the U.S. Bill of Rights.
The process for amending the Texas Constitution is outlined in the document itself. A bill can take effect immediately upon the Governor's signature if it passes both chambers by a two-thirds vote, unless otherwise specified. If it does not pass by this majority, it takes effect on the first day of the next fiscal year. The Texas Constitution's lengthy and detailed nature reflects the state's complex history and the desire to establish a robust framework for governing.
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Frequently asked questions
The Texas Constitution has been written and rewritten several times. The current constitution was written in 1875 and adopted on February 15, 1876.
The Texas Constitution has been written seven times, including the Mexican constitution while Texas was still part of Mexico.
The Texas Constitution establishes the structure and function of the government of Texas and enumerates the basic rights of its citizens.
