Isabella Carter
The Texas Constitution has been amended several hundred times since its adoption in 1876. The exact number of amendments varies depending on the source, with some claiming 507, others 524 or 528, and some even stating over 530. The large number of amendments is due to the document's restrictive nature and highly detailed content, which has resulted in the need for frequent changes to address emerging state needs and keep up with societal evolution. The Texas Constitution is one of the longest in the nation and continues to grow, with the Texas Legislature proposing a total of 690 to 714 amendments as of 2019 to 2024.
| Characteristics | Values |
|---|---|
| Number of times Texas Constitution has been amended | 507-528 |
| Number of times Texas Constitution has been proposed to be amended | 690-714 |
| Number of proposed amendments defeated by Texas voters | 180-181 |
| Number of proposed amendments that didn't make it to the ballot | 3 |
| Texas's rank among other states in terms of number of amendments | 3rd |
| Number of articles in the current Texas Constitution | 17 |
| Number of sections in Article 16 of the Texas Constitution | 73 |
| Number of sections in Article 1 of the Texas Constitution | 34 |
| Number of sections in Article 6 | 20 |
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What You'll Learn
Reasons for frequent amendments
The Texas Constitution, which came into effect in 1876, is the second-longest state constitution in the US. Since its adoption, it has been amended over 500 times and is one of the most frequently amended constitutions in the country.
There are several reasons for the high number of amendments to the Texas Constitution:
- The Texas Constitution was written as a reaction to previous iterations that gave more power to a state legislature viewed as corrupt. The 1876 constitution was designed to limit the legislature's centralized power and give a voice to citizens, requiring voter approval for many legislative actions. This restrictive nature of the constitution has led to the need for frequent amendments to address emerging state needs.
- The Texas Constitution is detailed and micromanages public policy, requiring amendments to address specific issues that may be better handled through regular lawmaking.
- Texans are accustomed to seeing constitutional amendments on the ballot every two years, creating a sense that such measures are ordinary and routine. Voters are more likely to approve amendments that seem familiar and non-controversial.
- The language used to describe amendments on ballots is often vague or framed in a way that emphasizes the benefits while downplaying trade-offs or financial implications.
- Amendments need bipartisan support, requiring a two-thirds vote in both the state House of Representatives and the state Senate. This could make voters feel more comfortable voting in favor of proposed amendments.
- Texas voters have a level of trust in the state legislature, which is higher than the trust in Congress at a national level. This affirmation bias could influence their voting decisions on amendments.
- The Texas Constitution includes a detailed bill of rights, with specific limitations on the power of the state government and certain rights granted to citizens. Any changes or additions to these rights would require an amendment.
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Texas Constitution's restrictive design
The Texas Constitution of 1876 is the seventh constitution in Texas history and the second-longest state constitution in the United States. It is also one of the most amended state constitutions, with over 500 amendments since its adoption. The restrictive design of the Texas Constitution is a result of widespread discontent with the centralised authority and perceived excesses of the Reconstruction-era government. The constitution was drafted by Democrats, many of whom were former Confederates seeking to restore local control and reduce government spending.
The restrictive nature of the Texas Constitution is evident in its lengthy bill of rights, which contains specific limitations on the power of the state government and guarantees certain rights to citizens. The bill of rights includes provisions not included in the federal Constitution, such as limits on interest rates, civil penalties for murder, and the punishment for bribery. The constitution also explicitly provides for the separation of powers, with a detailed legislative article defining the powers and limitations of the legislature.
The Texas Constitution restricts the ability of the state to impose taxes, particularly on local property taxes, and prohibits statewide property taxes. It also includes provisions for public schools, asylums, and universities, establishing the University of Texas and Texas A&M University. The constitution's restrictive design extends to economic matters, with specific restrictions on home equity loans and lines of credit, as well as protections for homestead against forced sale to pay debts.
The Texas Constitution's restrictive nature is further reflected in its unique provisions, shaped by the state's unusual history. These provisions include sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. The constitution also created the state's unusual double supreme court system. The excessive detail in the document was intended to prevent state officials from exploiting vague language to usurp local governance. However, this level of detail has also made the constitution cumbersome and prone to frequent amendments to address emerging state needs.
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Article 1: Bill of Rights
The Texas Constitution, first adopted in 1876, is the seventh constitution in Texas history. Since its adoption, it has been amended over 500 times, making it one of the most frequently amended state constitutions in the US.
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.
Section 1 of Article 1 establishes Texas as a free and independent state, subject only to the Constitution of the United States, with the maintenance of free institutions and the perpetuity of the Union depending on the preservation of the right of local self-government.
Section 2 affirms that all political power is inherent in the people and that all free governments are founded on their authority and instituted for their benefit. It also pledges the people of Texas to the preservation of a republican form of government and recognises their inalienable right to alter, reform, or abolish their government as they see fit.
Section 6 of Article 1 states that every person shall have the right to keep and bear arms for the lawful defence of themselves or the State, under such regulations as the Legislature may prescribe.
Section 13 of Article 1 prohibits the importation of people under the name of "coolies" or any other name that may lead to a system of peonage, whereby individuals are reduced to practical bondage. It also states that neither slavery nor involuntary servitude shall exist in the State, except as punishment for a crime of which the party has been duly convicted.
Article 1's Bill of Rights also includes provisions for the right to engage in certain agricultural practices, the rights of crime victims, and the right to a trial by jury, among other civil liberties and limitations on government power.
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Article 7: Education
The Texas Constitution, first adopted in 1876, is the seventh constitution in the state's history and the second-longest state constitution in the United States. It has been amended over 500 times since its adoption, making it one of the most frequently amended state constitutions.
Article 7 of the Texas Constitution is dedicated to "Education" and consists of 20 sections, two of which have been repealed. Here is a detailed overview of Article 7:
Section 6b: County Permanent School Fund
This section allows counties to reduce their permanent school funds and distribute the amount to independent and common school districts to reduce debt or make permanent improvements. The distribution must be based on a per-scholar basis, and the county must retain enough funds to pay ad valorem taxes on school lands or royalty interests.
Section 8: State Board of Education
This section, repealed in 2001, previously addressed the State Board of Education's role in Texas's education system.
Section 9: Temporary Transition Provision
Added in 2001 and expired in 2005, this section provided temporary measures during a transition period.
Section 10: Establishment of Universities and Agricultural and Mechanical Departments
This section mandates the establishment of a "university of the first class," known as The University of Texas, and an agricultural and mechanical department, which became Texas A&M University.
Sections 11, 11a, and 11b: Permanent University Fund
These sections discuss the creation, investment, and authorized investments of the Permanent University Fund, which supports the University of Texas and Texas A&M University.
Section 12: Sale of Lands
This section addresses the sale of lands belonging to the universities and the appropriate use of the proceeds.
Section 13: Agricultural and Mechanical College
This section establishes the creation of an agricultural and mechanical college, now known as Texas A&M University.
Section 14: Prairie View A&M University
This section establishes Prairie View A&M University as part of the Texas A&M University System.
Section 15: Grant of Additional Lands to University
This section discusses granting additional lands to the universities and the appropriate use of those lands.
Section 16: County Taxation of University Lands
This section states that lands belonging to the University of Texas are subject to taxation for county purposes, with values fixed by the State Tax Board. The state remits taxes to the counties where the lands are located.
Section 16-a: Terms of Office of Educational Officers
This section addresses the terms of office for educational officers in the public school system and institutions of higher education.
Section 17: Colleges and Universities; Appropriations and Funding
This section pertains to appropriations and funding for colleges and universities within the state.
Section 18: Texas A&M University System; University of Texas System
This section discusses the Texas A&M University System and the University of Texas System, including the issuance of bonds or notes payable from the income of the available university fund.
Section 19: Texas Tomorrow Fund
Added in 1999, this section establishes the Texas Tomorrow Fund as a trust fund dedicated to prepaying tuition and fees for higher education under the state's prepaid higher education tuition program.
Section 22: Use of Distributions from the Fund
This section outlines that distributions from the fund can only be used for educational and general activities that promote increased research capacity at eligible state universities.
Article 7 of the Texas Constitution has been amended and updated over time, reflecting the state's commitment to education and the evolving nature of educational institutions in Texas.
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Article 16: General Provisions
Article 16 of the Texas Constitution, entitled "General Provisions", consists of 73 sections, 27 of which have been repealed and one of which has been redesignated.
Section 1 outlines the official oath of office, which must be taken by all elected and appointed officers before they enter upon the duties of their offices. The oath or affirmation states:
> "I, [name], do solemnly swear (or affirm), that I will faithfully execute the duties of the office of [office name] of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God."
Additionally, before taking the oath or affirmation, officers must subscribe to a statement declaring that they have not offered or accepted any bribes in exchange for votes.
Section 2 of Article 16 covers exclusions from office, jury service, and the protection of the right of suffrage. Section 5 addresses disqualification from holding office due to bribery, while Section 15 states that officers shall continue to perform their duties until their successors are duly qualified.
Article 16 also includes provisions for the regulation of live stock and the protection of stock raisers (Section 14), the laying out and working of public roads and the building of bridges (Section 14), and the organisation and discipline of the state militia (Section 12).
Other notable sections within Article 16 include:
- Section 44, which mandates the election of a county treasurer and surveyor by qualified voters in each county, with a two-year term of office.
- Section 45, which outlines the Legislature's duty to collect, arrange, and safeguard records relating to Texas's history.
- Section 66, which protects benefits under certain public retirement systems.
- Section 68, which addresses associations of agricultural producers and assessments on product sales to finance marketing, promotion, research, and education.
The Texas Constitution, first adopted in 1876, has been amended over 500 times, making it one of the most amended state constitutions in the US.
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Frequently asked questions
The Texas Constitution has been amended 528 times since its adoption in 1876.
The Texas Constitution is one of the longest in the nation and is highly restrictive in nature. Its restrictive design has led to the need for frequent amendments to address emerging state needs.
As of 2024, the Texas Legislature has proposed 714 amendments.
Of the 714 proposed amendments, 530 have been adopted.
181 amendments have been defeated by Texas voters.
