Simone Lawson
The Texas Constitution, which outlines the state's framework for governance, has had an interesting journey since its inception. From being a part of Mexico to gaining independence, Texas has had a unique history. The current Texas Constitution, adopted in 1876, is the seventh in the state's history and the second-longest state constitution in the US. With 17 articles and over 63,000 words, it is a detailed document that has been amended numerous times. So, how many parts does the Texas Constitution currently have, and what do these parts entail?
| Characteristics | Values |
|---|---|
| Current Document Adopted | February 15, 1876 |
| Previous Constitutions | 6 |
| Position in State Constitution Length | Second |
| Position in State Constitution Amendments | Third |
| Number of Articles | 17 |
| Amendments | 528 |
| Amendments Approved by Voters in November 2023 | 13 |
| Amendments on Ballot in November 2023 | 14 |
| Number of Sections in Article 1 | 34 |
| Number of Sections in Article 4 | 26 |
| Number of Sections in Article 5 | 32 |
| Number of Sections in Article 6 | 5 |
| Number of Sections in Article 7 | 20 |
| Number of Sections in Article 49 | 30 |
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What You'll Learn
Amendments
The Texas Constitution is the second-longest state constitution in the United States. It is also the third-most amended state constitution—only Alabama and California have amended theirs more frequently. 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 can be amended with a legislatively referred constitutional amendment, which requires voter approval. The Texas Constitution is one of 11 state constitutions with no mechanism or a lack of clarity in the process for calling a constitutional convention.
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, that all free men have equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed. The bill of rights is considerably lengthier and more detailed than the federal Bill of Rights and includes some provisions not included in the federal Constitution.
The Texas Constitution has been amended to relieve some of the burden of detail imposed on the governor's office in 1876, revamp basic suffrage requirements, alter the method of chartering municipal corporations, lengthen the term of office for many state and local officials, and establish an ever-growing number of specifically allocated funds in the state treasury. Amendments have also been made to provisions relating to public education, removing original limitations and permitting the expansion of the public school system. In addition, changes have been made to provisions relating to the state's financial system, allowing the adoption of new expenditure programs and the exploitation of new sources of revenue.
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Separation of powers
The Texas Constitution, first adopted in 1876, is the current constitution and the seventh in Texas history. It is the second-longest state constitution in the United States, comprising 17 articles and over 63,000 words. The Texas Constitution has been amended 528 times, with voters most recently approving amendments in November 2023.
The Texas Constitution explicitly provides for the separation of powers, with dedicated articles outlining the roles and responsibilities of the state's legislative, executive, and judicial branches.
Article 3 of the Texas Constitution, labelled "Legislative Department," vests the legislative power of the state in the Legislature of the State of Texas, which consists of the state's Senate and House of Representatives. This article also lists the qualifications required of senators and representatives and regulates the legislative process. It contains limitations on the power of the legislature and includes exceptions to those limitations.
Article 4, entitled "Executive Department," outlines the powers and duties of the state's executive officials.
Article 5, labelled "Judicial Department," describes the composition, powers, and jurisdiction of the Texas Supreme Court, the Court of Criminal Appeals, the Court of Appeals, and various other courts within the state.
The separation of powers between these three branches of government is a key feature of the Texas Constitution, ensuring a balanced distribution of authority and preventing the concentration of power in any one branch.
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Bill of rights
The Texas Constitution, currently the second-longest state constitution in the US, is divided into several articles. Article I, also known as the "Bill of Rights", originally comprised 29 sections, 13 of which have since been added, bringing the total to 42 sections. Notably, none of the original or added sections have ever been repealed.
Section 1 of the Bill of Rights establishes Texas as a "free and independent State, subject only to the Constitution of the United States". It also emphasises the importance of preserving the right of local self-government for all the States. Section 2 underscores the principle that "all political power is inherent in the people" and that governments are instituted for their benefit. It further asserts the people's right to alter, reform, or abolish their government as they see fit. Section 3 states that "all free men" have equal rights when they form a social compact, and no one is entitled to exclusive privileges except as a reward for public services.
Section 5 guarantees religious freedom and ensures that no one will be disqualified from giving evidence in court due to their religious beliefs or lack thereof. It also specifies that oaths or affirmations should be administered in a manner that aligns with an individual's conscience. Section 6 protects the right to worship according to one's conscience and prohibits compelling anyone to attend or support any place of worship against their consent. It also mandates the Legislature to protect the equal enjoyment of religious freedom by all denominations.
Section 15 safeguards the right to trial by jury and mandates the Legislature to regulate and maintain the purity and efficiency of the jury system. Section 16 prohibits certain types of laws, including bills of attainder, ex post facto laws, retroactive laws, and laws impairing the obligation of contracts. Section 27 affirms the right of citizens to assemble peacefully for their common good and to petition the government for redress of grievances. Section 28 establishes the Legislature as the sole entity with the power to suspend laws in Texas. Section 29 reinforces the supremacy of the Bill of Rights, stating that its provisions are "excepted out of the general powers of government" and shall remain inviolate, rendering void any laws contrary to it.
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Limitations on state power
The Texas Constitution, the framework for the state's government and laws, is currently composed of a preamble and 17 articles, each dealing with different aspects of Texas' governance. Article 1, titled "Bill of Rights," serves as a cornerstone for protecting Texans' freedoms and placing limitations on the state government's power.
The Texas Constitution places a strong emphasis on individual liberties and outlines specific restrictions on the power of the state government to protect those rights. One of the key limitations is the protection of inherent individual rights. The constitution guarantees Texans' natural human rights, including the right to life, liberty, property, and equal protection under the law. These rights cannot be infringed upon by the state, setting a fundamental limit on governmental power.
Another critical limitation is the separation of powers. The Texas Constitution establishes three distinct branches of government: legislative, executive, and judicial. Each branch is assigned specific powers and duties, and they serve as checks and balances on each other. This separation of powers limits the state's authority by preventing the concentration of power in a single branch, thus safeguarding against potential tyranny or abuse of power.
The constitution also imposes fiscal limitations on the state. It requires a balanced budget, prohibiting the state from incurring debt without voter approval. This provision ensures fiscal responsibility and limits the government's power to impose excessive taxes or burden future generations with debt. Additionally, the constitution outlines the rights of taxpayers, including the right to equal and uniform taxation and the requirement for voter approval for certain tax increases.
Further limitations on state power are found in the provisions regarding local government. The Texas Constitution grants specific powers to counties, cities, and school districts, allowing them to govern themselves to a significant degree. This limits the state's authority over local affairs, promoting local control and decision-making. The constitution also guarantees the right of citizens to propose and enact laws through initiatives and referendums, giving them a direct say in state policy and limiting the power of the legislature.
The Texas Constitution's emphasis on individual rights and its establishment of a balanced and limited government serve as a check on state power. By outlining the rights and freedoms of Texans and distributing power across different branches and levels of government, the constitution ensures that the state government remains accountable to its citizens and operates within defined boundaries. These limitations are essential for maintaining the proper functioning of Texas' democratic system and protecting the liberties of its residents.
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Historical context
The current Texas Constitution, the state's fifth, was adopted in 1876 and has been amended 528 times since. It is the second-longest state constitution in the US and the third-most amended. The constitution has 17 articles, including a lengthy bill of rights, which was added in 1876 and has since been expanded to 34 sections.
The history of Texas is unique among US states. 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 first Texas Constitution was adopted in 1827, while Texas was still part of Mexico and half of the state of Coahuila y Tejas. This was followed by constitutions in 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 American Civil War), and 1869.
The Texas Constitution of 1876 was drafted by a convention of 90 delegates, including 41 farmers and over 40 members of the Patrons of Husbandry (The Grange), a militant farmers' organisation. The constitution was ratified by a vote of 136,606 in favour to 56,652 opposed. It began with a bill of rights that declared Texas to be a free and independent state, subject only to the Constitution of the United States, and affirmed that all free men have equal rights and that the writ of habeas corpus could not be suspended or unduly delayed.
The constitution has been amended numerous times since its adoption, with changes made to articles on the judiciary, public education, the state's financial system, suffrage requirements, the method of chartering municipal corporations, and the terms of office for state and local officials. Texans have resisted calls for a new constitution, despite the current document's cumbersomeness and frequent need for amendment.
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Frequently asked questions
The Texas Constitution currently has 17 articles.
The Texas Constitution has been amended 528 times. From 1876 to 2024, 714 constitutional amendments were proposed, of which 530 were approved by the electorate, 181 were defeated, and three never made it to the ballot.
The current Texas Constitution is the state constitution of Texas. It was adopted in 1876 and is the seventh constitution in Texas history. It is the second-longest state constitution in the United States.
The Texas Constitution includes a bill of rights, which is lengthier and more detailed than the federal Bill of Rights. It also provides for the separation of powers and includes provisions on suffrage, education, and the powers and duties of the state's executive officials and judiciary.
