Simone Lawson
The Texas Constitution has gone through several iterations, with the current version being the seventh in Texas history and the sixth since Texas gained independence from Mexico in 1836. The first Texas Constitution was adopted in 1827 while Texas was still part of Mexico. The Texas Constitution borrows language from the US Constitution and the constitutions of several southern states. It also contains provisions that are uniquely Texan, influenced by the state's history, including Spanish and Mexican influence.
| Characteristics | Values |
|---|---|
| Current Texas Constitution | Adopted on February 15, 1876 |
| Previous Constitutions | 1827, 1836, 1845, 1861, 1866, 1869 |
| Texas Constitutional Conventions | 1861, 1866, 1868-69, 1875 |
| Length | Second-longest state constitution in the US |
| Amendments | 714 proposed, 530 approved, 181 defeated, 3 never on ballot |
| Nature | Highly restrictive, explicit on state powers, separation of powers, bill of rights |
| Bill of Rights | Article 1, longer and more detailed than federal Bill of Rights |
| Universities | University of Texas, Texas A&M University, Prairie View A&M University |
| Taxation | Restrictions on local property taxes, no income tax |
| Counties | Rules for creation of counties (254) and determining county seats |
| Influences | US Constitution, Southern state constitutions, Spanish, Mexican |
| Uniquely Texan Provisions | Land titles, land law, debtor relief, marital relations, water rights |
| Number of Words | More than 63,000, verbose, detailed like a code of laws |
| Voting Requirements | Male citizens, 21 years old, resident in Texas for 6 months |
| Spending Limits | Prohibition on Legislature incurring debt, Economic Stabilization Fund ("Rainy Day Fund") |
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What You'll Learn
Historical context: Texas' unique history
Texas has a unique and fascinating history. The state has been claimed by six countries: France, Spain, Mexico, the Republic of Texas, the Confederacy during the Civil War, and the United States of America. Texas was first inhabited by Indigenous people over 10,000 years ago, and later explored by Spanish conquistadors in the early 16th century. The first European settlement in Texas was established in 1681 by exiled Spaniards and Native Americans. During Spanish colonial rule in the 18th century, the area was known by various names, including "New Philippines" and "New Kingdom of the Philippines." The name "Texas" is believed to derive from the Caddoan word "táyshaʼ," meaning "friends" or "allies."
In the early 19th century, Texas was incorporated into the Mexican Empire. However, in 1836, Texas won its independence and became the Republic of Texas. This period of independence is reflected in the state's nickname, the "Lone Star State." The Republic of Texas had a unique constitution, which established a unitary republic and included provisions protecting slavery and prohibiting Indigenous people and Africans from citizenship. The first president of the Republic of Texas, Sam Houston, sought to make peace with Native tribes, but his successor, Mirabeau B. Lamar, took a more hostile stance, leading to the displacement of most Native populations.
Texas joined the United States as the 28th state in 1845, which set off a chain of events leading to the Mexican-American War in 1846. Texas remained a slave state until the Civil War, when it seceded from the Union and joined the Confederate States. After the Civil War, Texas experienced a long period of economic stagnation. The state's economy was historically shaped by five major industries: cattle, bison, cotton, timber, and oil.
The current Texas Constitution was adopted in 1876 and has been amended numerous times. It provides for a separation of powers and includes a detailed bill of rights. Texas has a plural executive branch system, limiting the power of the governor, and voters elect executive officers independently. The state's unique history has left a lasting impact on its culture, politics, and legal system.
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The Bill of Rights
Texas has had several constitutions throughout its history, owing to its unique evolution as an entity. 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 in 1876, is the seventh in the state's history.
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 a vote of 136,606 to 56,652, and remains the basic organic law of Texas. The constitution contains provisions that are uniquely Texan, influenced by the state's history. These include sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
The Texas Constitution of 1876 begins with a lengthy bill of rights, which serves as Article I of the constitution. It declares Texas a free and independent state, subject only to the Constitution of the United States, that all free men have equal rights, and that the writ of habeas corpus cannot be suspended or unduly delayed. The bill of rights recognises individual liberties and protects citizens from government overreach. These include the right to peaceable assembly, where citizens have the right to protest, although violent assemblies (riots) are not protected. Citizens also have the freedom of worship, where they may worship freely and cannot be compelled to attend any certain place of worship.
The Texas Bill of Rights also contains provisions that are unique to the state. For example, Texans are guaranteed "the right to hunt, fish, and harvest wildlife... subject to laws or regulations to conserve and manage wildlife." The Texas Bill of Rights previously defined marriage as "only [consisting] of the union of one man and one woman," but this section was invalidated following the U.S. Supreme Court case Obergefell v. Hodges. The Texas Constitution also contains a prohibition against "unreasonable searches and seizures," which is similar to the U.S. Fourth Amendment but with more modern language.
The Texas Constitution has been amended numerous times since its adoption in 1876, with over 700 constitutional amendments proposed by the Texas Legislature from 1876 to 2024. The constitution is one of the most verbose and restrictive state constitutions in the United States, resembling a code of laws rather than a constitution due to its wealth of detail.
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Influences: Spanish, Mexican, and other southern states
Texas has had several constitutions throughout its history, and various factors have influenced the constitutions' content. The state's first constitution was promulgated in 1827 while Texas was part of Mexico and constituted the state of Coahuila y Tejas. This constitution was influenced by the Mexican constitution, which was itself modelled on the Spanish Constitution of 1812. The Mexican constitution required each state to draft its own constitution, and the resulting Texas constitution incorporated Mexican law.
The Texas Constitution of 1836 was drafted during the Texas Revolution and incorporated large sections of the United States Constitution, in addition to Mexican law. This constitution was drafted as Texas established itself as the Republic of Texas, independent from Mexico. The deterioration of relations between the Mexican government and Texas settlers contributed to this shift. Notably, Mexican President Santa Anna abandoned the constitution that American settlers had agreed to live under, leading to tensions and fears of violence.
The influence of Mexico and Spain on Texas's constitutions is evident in the state's early history and the context of its constitutional development. The Mexican government worked with empresarios, or land agents, who brought settlers to Texas. These settlers, many of whom were Anglo-Americans, received vast tracts of land and contributed to the cultural and demographic changes in the region.
Additionally, the constitutions of other southern states may have also influenced the development of Texas's constitutions. However, the specific influences of these states on the language and content of Texas's constitutions require further exploration.
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Amendments: 714 proposed, 530 approved
The Texas Constitution has a long and complex history, with numerous amendments proposed and approved over time. From 1876 to 2024, following the 88th Legislature, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate, 181 were defeated, and three never made it onto the ballot. This high number of proposed amendments is due to the document's highly restrictive nature. The Texas Constitution stipulates that the state has only the powers explicitly granted to it, and it lacks a counterpart to the federal "necessary and proper" clause.
The Texas Constitution is the second-longest state constitution in the United States, exceeded only by Alabama's, and it is the third-most amended state constitution, after Alabama and California. The length and detail of the Texas Constitution give it a code-like quality, and its many requirements and limitations on state and local governments make it highly restrictive. Some sections have been deemed obscure or poorly drafted, requiring clarification or interpretation by the Texas Supreme Court.
The Texas Constitution has evolved through several historical iterations. Texas has been governed by six constitutions since its independence from Mexico in 1836, including the Mexican constitution when Texas was part of Mexico and half of Coahuila y Tejas. The current constitution, adopted in 1876, contains provisions that are uniquely Texan, reflecting the state's unusual history and influences, such as Spanish and Mexican land laws, and frontier radicalism.
The Texas Constitution covers a diverse range of topics, including spending limits, the establishment of universities, taxation, voting qualifications, and the rights of citizens. For example, Article III, Section 49 establishes a core spending limit by prohibiting the legislature from incurring debt except in specific circumstances. The constitution also addresses the creation and funding of universities, such as The University of Texas and Texas A&M University.
In summary, the Texas Constitution, with its numerous amendments, reflects the state's dynamic history and unique characteristics. The high number of proposed and approved amendments demonstrates the evolving nature of Texas's governance and the desire to adapt to the needs and will of the people.
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Length: over 63,000 words
The Texas Constitution, currently in its seventh iteration, is a lengthy document exceeding 63,000 words. It is the second-longest state constitution in the US, only exceeded by Alabama's. The Texas Constitution has been amended over 500 times since 1876, making it the third-most amended state constitution in the country, after Alabama and California.
The Texas Constitution's verbosity is partly due to its wealth of detail, causing it to resemble a code of laws rather than a typical constitution. Its provisions extensively outline the rights, powers, and responsibilities of the state, local governments, and citizens. For example, it establishes the three branches of government: legislative, executive, and judicial. It also includes a bill of rights, which is notably lengthier and more detailed than the federal Bill of Rights, guaranteeing individual liberties and protecting citizens from government overreach.
The constitution's length is also attributed to its unique history and influences. Texas has had a distinct historical trajectory, having been part of the United States of Mexico, an independent republic, a state within the Confederate States, and eventually a state within the US. This diverse past has left its mark on the constitution, with provisions reflecting Spanish and Mexican influence, as well as the state's agrarian and frontier roots.
The Texas Constitution's length and complexity have resulted in challenges. Some sections are poorly drafted or obscure, requiring clarification or interpretation. Despite this, Texans have retained the Constitution of 1876, making amendments as needed to adapt to changing times and circumstances.
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Frequently asked questions
The Texas Constitution was written in English. However, it borrowed language from the US Constitution and the constitutions of several southern states.
Texas has had seven constitutions in its history, including the Mexican constitution.
The Texas Constitution was adopted on February 15, 1876. However, it was framed by the Constitutional Convention of 1875.
