Jonah Patel
The Texas Constitution is one of the largest state constitutions in the US, and it has been amended nearly 500 times. It is notable for including a lot of very specific topics, such as local government, taxes, and private property rights, that many other states leave to their legislatures. The constitution contains several provisions that are unique to Texas, such as sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations, and water and other mineral rights. As of 2019, the current constitution has been amended 498 times. The Texas Constitution is divided into several articles, each with its own set of sections. For example, Article 1, entitled Bill of Rights, originally contained 29 sections, but five have since been added, bringing the total to 34 sections.
| Characteristics | Values |
|---|---|
| Number of Sections in Article 1 | 34 |
| Number of Sections in Article 2 | N/A |
| Number of Sections in Article 3 | N/A |
| 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 8 | N/A |
| Total Number of Amendments | 498 |
| Year of Last Amendment | 2019 |
| Number of Sections added to Article 1 since 1876 | 5 |
| Number of Sections in Article 1 before 1876 | 29 |
| Number of Constitutional Amendments Proposed from 1876 to 2024 | 714 |
| Number of Approved Amendments | 530 |
| Number of Defeated Amendments | 181 |
| Number of Amendments that Never Made it to the Ballot | 3 |
| Number of Sections in Article 11 dealing with the Permanent University Fund | 3 |
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What You'll Learn
Texas Constitution of 1876
The Texas Constitution of 1876 is the sixth constitution that has governed Texas since it achieved 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. Texas still operates under the 1876 constitution today, although it has been amended hundreds of times.
The Constitution of 1876 contains some provisions that are unique to Texas, many of which are products of the state's unusual history. Some may be traced to Spanish and Mexican influence, including sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. Other atypical provisions may be attributed to the influences of Jacksonian agrarianism and frontier radicalism, which were prevalent when Texas first became a state.
The 1876 Constitution begins with a lengthy bill of rights, which includes provisions that are similar to those found in the U.S. Bill of Rights but are often more detailed and contain provisions that are unique to Texas. For example, the Texas Bill of Rights recognises the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances, whereas the U.S. Constitution allows suspension "in Cases of Rebellion or Invasion when the public safety may require it." The Texas Bill of Rights also prohibits corruption of blood and forfeiture of estates, including in cases of suicide.
The 1876 Constitution also includes provisions that define the powers and limitations of the legislature, which is to be composed of two houses: a Senate of 31 members and a House of Representatives of no more than 150 members. It also includes provisions relating to public education, the state's financial system, and suffrage requirements.
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Amendments
The Texas Constitution is one of the largest state constitutions in the US. It is notable for including a lot of very specific topics, such as local government, taxes, and private property rights, that many other states leave to their legislatures. Due to its unique history, Texas has chosen to protect these topics in the strongest way possible.
The Texas Constitution has been amended nearly 500 times, more than all states except three. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate, 181 were defeated, and three never made it to the ballot. The constitution is amended so frequently because it is highly restrictive in nature. It stipulates that the state of Texas has only those powers explicitly granted to it, and there is no counterpart to the federal necessary and proper clause.
The Texas Constitution is also unique in that it explicitly provides for the separation of powers and incorporates its bill of rights directly into the text of the constitution (as Article I). 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. For example, Section 12 recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances. This differs from the U.S. Constitution, which allows suspension "in Cases of Rebellion or Invasion when the public safety may require it." Section 21 prohibits both corruption of blood and forfeiture of estates, including in cases of suicide.
The Texas Constitution also includes provisions that are uniquely Texan, many of which are products of the state's unusual history. For example, the constitution includes sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
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Bill of Rights
The Texas Constitution, which came into effect in 1876, is one of the largest state constitutions in the US. It is notable for its highly restrictive nature and for including a lot of very specific topics, such as local government, taxes, and private property rights, that many other states leave to their legislatures.
Article 1 of the Texas Constitution is entitled the "Bill of Rights" and consists of 34 sections. The article originally contained 29 sections, and since 1876, five sections have been added. Most of the article's provisions concern specific fundamental limitations on the power of the state government and certain rights granted to citizens that cannot be ignored under any circumstances. Every provision of the first ten amendments to the United States Constitution has a counterpart in Article 1 of the Texas Constitution. For example, Section 12 of the Texas Bill of Rights recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances. This differs from the U.S. Constitution, which allows suspension "in Cases of Rebellion or Invasion when the public safety may require it." Section 21 prohibits both corruption of blood and forfeiture of estates, including in cases of suicide.
The Texas Constitution has been amended nearly 500 times, more than all states except three. This high number of amendments is due to the document's highly restrictive nature and the need to keep up with societal changes. The Texas Constitution functions more as an adjunct to the statutes than a static set of governing principles.
The Texas Constitution also includes provisions that are unique to the state, many of which are products of Texas's unusual history. For example, there are sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
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Separation of Powers
The Texas Constitution, like many state constitutions, explicitly provides for the separation of powers. This is outlined in Article 2, which is labelled as the "Power of Government".
Article 2 of the Texas Constitution ensures that the legislative, executive, and judicial branches of the state government are separate and prohibits each branch from encroaching on the powers of the others. This is in contrast to the U.S. Constitution, which more implicitly refers to the separate checks on the branches of government.
The Texas Constitution's Article 2 is the longest in the constitution and contains many substantive limitations on the power of the legislature and a large number of exceptions to those limitations. Two-thirds (2/3) of the elected members in either chamber constitutes a quorum to do business therein (Section 10).
Article 3 vests the legislative power of the state in the "Legislature of the State of Texas", consisting of the state's Senate and House of Representatives. It also lists the qualifications required of senators and representatives and regulates many details of the legislative process.
Article 4 of the Texas Constitution, entitled "Executive Department", consists of 26 sections. It describes the powers and duties of the state's executive officials, including the Governor, Lieutenant Governor, Secretary of State, Comptroller, Commissioner of the General Land Office, and Attorney General. With the exception of the Secretary of State, these officials are directly elected in what is known as a "plural executive" system.
Article 5, labelled as the "Judicial Department", consists of 32 sections, three of which have been repealed. It describes the composition, powers, and jurisdiction of the Texas Supreme Court, the Court of Criminal Appeals, and other courts within the state.
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Unique Provisions
The Texas Constitution is unique in that it has been amended more than 500 times, making it the longest state constitution in the US after Alabama's. Its provisions outline specific, fundamental limitations on the power of the state government.
Article 1 of the Texas Constitution, entitled the "Bill of Rights", consists of 34 sections and includes provisions that are not included in the US Constitution. For example, Section 12 recognises the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances, which differs from the US Constitution, which allows suspension "in Cases of Rebellion or Invasion when the public safety may require it". Section 23 of Article 1 guarantees the right to keep and bear arms, and Section 25 prohibits the quartering of soldiers in houses without the owner's consent in peacetime, mirroring the Third Amendment to the US Constitution.
Article 1 also contains provisions that are unique to Texas, such as Section 49-g, which created the state's "Rainy Day Fund" or "Economic Stabilization Fund". Texans have the right to name their own towns, ranches, roads, and children, without interference from Austin: “The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law, authorizing… changing the names of persons or places.”.
Article 7, labelled "Education", consists of 20 sections and establishes provisions for public schools, asylums, and universities. It also discusses the creation and maintenance of the Permanent University Fund and mandates the establishment of "a University of the first class", now known as The University of Texas.
Article 8, "Taxation and Revenue", places restrictions on the ability of the Legislature and local governments to impose taxes, particularly concerning local property taxes.
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Frequently asked questions
Article 1 of the Texas Constitution, also known as the "Bill of Rights", originally contained 29 sections. Since 1876, five sections have been added, bringing the total to 34 sections.
The Texas Constitution is one of the largest state constitutions in the US. While I can't find an exact number of sections, the constitution has been amended nearly 500 times, and as of 2019, it has been amended 498 times.
Some notable sections include Section 11, which guarantees bail for individuals detained before trial except in capital offenses or other limited circumstances, and Section 12, which recognizes the writ of habeas corpus as an unqualified right. Article 4, which consists of 26 sections, describes the powers and duties of the state's executive officials, including the Governor, Lieutenant Governor, and Secretary of State.
