Jonah Patel
The Texas Constitution is one of the longest in the US and has been amended frequently. Texas has held five state constitutional conventions since becoming a state in 1845, with the current constitution in place since 1876. This document has been amended over 500 times, with 530 approved by voters, 181 defeated, and three never making it to the ballot. The Texas Constitution can be amended with a legislatively referred constitutional amendment, requiring voter approval.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 714 |
| Number of amendments adopted | 530 |
| Number of amendments defeated | 181 |
| Number of amendments that never made it to the ballot | 3 |
| Number of sections in Article 1 | 34 |
| Number of sections added to Article 1 since 1876 | 5 |
| Original number of sections in Article 1 | 29 |
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What You'll Learn
The Texas Constitution has been amended over 500 times
The Texas Constitution, first ratified in 1876, has been amended over 500 times. It is one of the longest state constitutions in the US and is still growing. The constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval.
The high number of amendments can be attributed to the document's highly restrictive nature. The constitution stipulates that the state of Texas has only those powers explicitly granted to it, and it imposes numerous limitations on state authority. For example, it fragments executive power and restricts the legislature's ability to act outside narrow boundaries.
Most of the amendments are a result of the need to address emerging state needs that were not accounted for in the original document. Many of the provisions in the constitution concern specific fundamental limitations on the power of the state government and certain rights granted to citizens that cannot be ignored. For instance, Article 8 places various restrictions on the ability of the Legislature and local governments to impose taxes, particularly concerning local property taxes.
In addition to the numerous amendments, the Texas Constitution has also undergone several significant revisions. Texas has held five state constitutional conventions, including the most recent one in 1875, which resulted in the current 1876 constitution. The first constitution was in effect from Texas's statehood in 1845 until 1861, when the second constitution was adopted to align with Confederate interests following the state's secession from the Union.
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Amendments require voter approval
The Texas Constitution is one of the longest in the nation and has been amended over 500 times since its adoption in 1876, making it one of the most amended state constitutions in the US. As of 2024, the Texas Legislature has proposed a total of 714 amendments, of which 530 have been approved by voters, 181 defeated, and three never made it to the ballot.
The Texas Constitution stipulates that the state only has the powers explicitly granted to it, and it imposes numerous limitations on state authority. This restrictive design has led to the need for frequent amendments to address emerging state needs.
Amendments to the Texas Constitution require voter approval and are the only form of statewide direct democracy available. The legislature may propose amendments at any regular session or special session, and these proposals must be approved by a two-thirds vote of both the Texas Senate and House of Representatives to appear on the ballot. The date of the elections is specified by the legislature, and the proposal must be approved by a supermajority of two-thirds of all members of each house.
Once an amendment is on the ballot, Texas law requires that voters be informed about the nature of the proposed change. While there is no requirement for a formal state voter information pamphlet, a brief explanatory statement prepared by the Secretary of State and approved by the Attorney General must be published in newspapers twice: 50-60 days before the election and again on the same day the following week. This statement must include the election date and a description of the proposed amendment, including its scope and character. The ballot language is generally prescribed by the legislature, but if they fail to do so, the Secretary of State must provide clear wording.
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The constitution is one of the nation's longest
The Texas Constitution, currently one of the longest in the nation, was ratified in 1876 and has been amended over 500 times since. It is also one of 11 state constitutions with no mechanism or unclear processes for calling a constitutional convention. Instead, amendments to the Texas Constitution are proposed by the Texas Legislature and require voter approval.
The Texas Constitution's length and frequent amendments are partly due to its highly restrictive nature. The document imposes numerous limitations on state authority, reflecting a deep-rooted mistrust of government power. It stipulates that the state of Texas only has those powers explicitly granted to it, with no counterpart to the federal Necessary and Proper Clause. As such, frequent amendments are needed to address emerging state needs.
The Texas Constitution's bill of rights, or Article 1, is considerably lengthier and more detailed than the federal Bill of Rights. It includes some provisions not found in the federal Constitution, such as an unqualified right to habeas corpus, which cannot be suspended under any circumstances. The Texas Constitution also explicitly provides for the separation of powers and incorporates additional rights and provisions concerning public schools, universities, taxation, and revenue.
The Texas Constitution has been amended to address a wide range of issues and has evolved significantly since its ratification in 1876. With over 500 amendments and its lengthy and detailed nature, the Texas Constitution is a complex and comprehensive document that continues to be shaped by the needs and will of the people of Texas.
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The Texas Bill of Rights is lengthier than the federal Bill of Rights
The Texas Constitution, which includes the Texas Bill of Rights, is one of the longest in the United States and has been amended over 500 times since its ratification in 1876. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by voters, 181 were defeated, and three never made it to the ballot. The Texas Constitution is unique in that it reflects a deep-rooted mistrust of government power, imposing several limitations on state authority and restricting the legislature's ability to act outside narrow boundaries. This restrictive design has led to the need for frequent amendments to address emerging state needs.
The Texas Bill of Rights, as outlined in Article 1 of the Texas Constitution, is considerably lengthier and more detailed than the federal Bill of Rights. It includes provisions that are not found in the federal Constitution, such as the explicit recognition of the right to writ of habeas corpus without qualification and the prohibition of its suspension under any circumstances. This differs from the U.S. Constitution, which allows for suspension in cases of rebellion or invasion when public safety may require it.
The Texas Bill of Rights also contains unique provisions such as the prohibition of both corruption of blood and forfeiture of estates, including in cases of suicide. This expands upon the U.S. Constitution's limitations, which only apply during the life of the person convicted. Additionally, Section 34 of the Texas Bill of Rights affirms the right of the people to hunt, fish, and harvest wildlife, subject to regulations for wildlife conservation. This section clarifies that it does not alter laws related to trespassing, property rights, or eminent domain.
While the Texas Bill of Rights shares similarities with the U.S. Bill of Rights, it is tailored to address specific concerns and historical contexts within the state. Its length and detail reflect the desire to establish comprehensive protections for the rights of Texans, demonstrating a commitment to safeguarding individual liberties and shaping the state's legal framework.
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The constitution was amended to address emerging state needs
The Texas Constitution, first ratified in 1845, has been amended numerous times to address the state's evolving needs. The state has held five constitutional conventions, with the most recent one taking place in 1875. The 1876 Constitution, which is still the foundation of Texas's government today, reflects a deep mistrust of government power and imposes several limitations on state authority.
The restrictive nature of the 1876 Constitution has led to the need for frequent amendments. As of 2024, the Texas Legislature has proposed 714 amendments, 530 of which have been approved by voters and adopted. This makes the Texas Constitution one of the most frequently amended state constitutions in the US.
Many amendments were proposed to address specific issues or emerging needs. For example, Article 7 of the Texas Constitution, labelled "Education," mandates the establishment of "a University of the first class," which became the University of Texas, as well as an agricultural and mechanical university, now known as Texas A&M University. Amendments have also been proposed to separate these two university systems, although these attempts have been unsuccessful.
Article 8 of the Texas Constitution, labelled "Taxation and Revenue," places restrictions on the ability of the Legislature and local governments to impose taxes, particularly regarding local property taxes. Additionally, Section 24, added by an amendment in 1993, restricts the Texas State Legislature from imposing a personal income tax.
The Texas Constitution's bill of rights, or Article 1, is considerably lengthier and more detailed than the federal Bill of Rights. It includes provisions not found in the federal Constitution, such as Section 12, which recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances.
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Frequently asked questions
As of 2024, the Texas Legislature has proposed a total of 714 amendments.
Out of the 714 proposed amendments, 530 have been ratified.
181 amendments were defeated by Texas voters.
Three amendments never made it to the ballot.
