Eleanor Finch
The Constitution of Texas, also known as the Texas Constitution of 1876, is the second longest state constitution in the United States. It has grown from 22,911 words in 1876 to 97,642 words as of the constitutional election of November 5, 2019. The Texas Constitution has a rich history, having been amended and expanded over time to address the unique needs and rights of the state and its citizens. With its detailed provisions and limitations on state and local governments, it serves as a comprehensive framework for governing Texas.
| Characteristics | Values |
|---|---|
| Number of Words | 86,622 |
| Date of Last Amendment | November 5, 2019 |
| Number of Amendments | 507 |
| Length | The Texas Constitution is the second-longest state constitution in the United States, after Louisiana's. |
| Frequency of Amendment | It is also one of the most amended constitutions in the country, with amendments being made on average once every two years. |
| Age | The current constitution of Texas was adopted on February 15, 1876, making it over 140 years old. |
| Previous Constitutions | There have been five other constitutions governing Texas: the Mexican Constitution of 1824, the Texas Constitution of 1836, the Texas Constitution of 1845, the Texas Constitution of 1861, and the Texas Constitution of 1866. |
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What You'll Learn
The Texas Constitution of 1876
The 1876 Constitution contains a lengthy bill of rights, which includes provisions such as Texas being a free and independent state, subject only to the Constitution of the United States, that all free men are equal, and that the writ of habeas corpus cannot be suspended or delayed. It also guarantees freedom of speech and the press, the right to bear arms, and the right of the accused to obtain bail and a jury trial. The Constitution defines the powers and limitations of the legislature in great detail, outlining the separation of powers between the legislative, executive, and judicial branches of the state government.
The legislature was to consist of two houses: a Senate of 31 members and a House of Representatives of no more than 150 members. The document also slashed the power, salaries, and terms of officials, and it provided for the establishment of educational institutions such as The University of Texas and Prairie View A&M University. It set aside funds for education and permitted the expansion of the public school system.
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Amendments to the Constitution
The Texas Constitution is one of the longest in the nation and is still a work in progress. As of 2024, the 88th Legislature has proposed 714 amendments, 530 of which have been adopted, while 181 have been defeated by Texas voters, and three amendments were never put to a vote.
The Texas Constitution was originally composed of 29 sections, with five additional sections added since. The constitution includes the Texas Bill of Rights, which applies solely to actions by the Texas government. The Bill of Rights contains several provisions unique to Texas, such as Section 12, which recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances.
Article 2 of the Texas Constitution provides for the separation of powers between the legislative, executive, and judicial branches of the state government, preventing each branch from encroaching on the powers of the others. Article 3 addresses the legislative power of the state, vesting it in the "Legislature of the State of Texas," which includes the state's Senate and House of Representatives.
Article 8 of the constitution places restrictions on the ability of the Legislature and local governments to impose taxes, particularly concerning local property taxes. Sections 11, 11a, and 11b discuss the creation and maintenance of the Permanent University Fund, while Section 10 mandates the establishment of "a University of the first class," which became The University of Texas.
Constitutional amendments are an essential part of Texas's evolving legal framework, allowing the state to adapt to changing circumstances and address specific issues, such as civil rights protections for formerly enslaved people and the expansion of government powers during Reconstruction.
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The Bill of Rights
A quick online search reveals that the Constitution of the State of Texas contains approximately 86,000 words as of my information cutoff date of January 1, 2023. This document, adopted in 1876, has been amended and revised over time, and it establishes the structure and powers of the state government of Texas. While the Texas Constitution is lengthy and comprehensive, one of its most important sections is "The Bill of Rights," which lays out the fundamental rights and liberties guaranteed to the citizens of Texas.
"The Bill of Rights" within the Texas Constitution is a powerful statement of individual freedoms and a cornerstone of Texas law. It consists of 29 sections, each outlining a specific right or protection afforded to the people. These rights are deeply rooted in the state's history and traditions, reflecting Texas' unique culture and values. The Bill of Rights serves as a critical safeguard against governmental overreach and a reminder of the liberties that Texans hold dear.
The first section of "The Bill of Rights" asserts the importance of the preservation of liberty and free government, setting the tone for the entire document. It emphasizes the inherent rights of humans, including those of life, liberty, property, and happiness. This section also underscores the principle of resistance to oppression, a sentiment that resonates strongly with Texans.
The following sections elaborate on various civil and political rights. For instance, it guarantees freedom of speech, press, and religious worship, protecting Texans' right to express themselves without fear of retaliation. It ensures the right to keep and bear arms, a provision that has been central to Texas' cultural identity and a subject of ongoing debate and interpretation. The right to trial by jury, due process of law, and protection against unreasonable searches and seizures are also enshrined in "The Bill of Rights," safeguarding Texans from unjust legal practices.
Another critical aspect of "The Bill of Rights" is its protection of personal liberty and privacy. It prohibits slavery and involuntary servitude, ensuring that all Texans are free from such practices. It also guarantees the right to privacy, safeguarding Texans' personal lives, families, homes, and communications. This right has taken on new dimensions in the digital age, with ongoing discussions about how to balance privacy with technological advancements.
Lastly, "The Bill of Rights" includes provisions for the protection of Texans' rights in various aspects of life. It guarantees public education, ensures equal rights for men and women in areas like divorce, and provides special rights for soldiers during times of peace and war. These rights reflect Texas' commitment to its citizens' well-being and its recognition of the changing social landscape. Overall, "The Bill of Rights" serves as a robust safeguard of Texans' liberties and a foundation for the state's legal system.
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Voting rights and suffrage
The Constitution of Texas, adopted in 1866 as a condition of rejoining the Union, has gone through several amendments over the years, with the most recent changes being made in 2001. Article 6 of the Texas Constitution specifically outlines the provisions pertaining to suffrage and voting rights.
Article 6, Section 1 of the 1876 Constitution of Texas initially stated that the following classes of persons were not allowed to vote in the state: individuals under 21 years of age, individuals deemed to be "idiots or lunatics," individuals supported by the county as paupers, convicted felons, and soldiers, marines, and seamen employed by the US Army or Navy. Over time, amendments have been made to expand voting rights and remove certain restrictions. For instance, the minimum age requirement for voting was lowered to 18 years across the US by the Twenty-sixth Amendment to the US Constitution in 1971.
Section 2 of Article 6 defines a qualified voter as a person who meets specific criteria. They must be a citizen of the United States, a resident of Texas, and free from any disqualifications outlined in Section 1 of this article or by relevant laws. Additionally, they must be registered to vote before offering to vote in an election. This requirement for registration, however, does not imply that registration is a qualification for being a "qualified voter" in the context of other articles of the Texas Constitution.
Section 3a of Article 6 addresses qualifications for voters in local elections concerning public debts, expenditures, or assuming any debt. It specifies that only qualified voters of the relevant state, county, political subdivision, district, city, town, or village where the election is held are qualified to participate in such elections.
The Texas Constitution also includes provisions for absentee voting and the enactment of laws to maintain the integrity of the voting process. Section 2a of Article 6 permits individuals who meet all qualifications except for residence requirements to vote for electors for President and Vice President of the United States. This provision accommodates former residents of Texas who have moved to another state and ensures they can participate in federal elections during their transition period to establish residency in their new state.
Furthermore, Section 6 of Article 6 emphasizes the importance of protecting the privilege of free suffrage through laws that regulate elections and impose penalties for undue influence, bribery, or any other improper practices that may impact the election process.
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Taxes and revenue
Article 8 of the Texas Constitution outlines the state's taxation and revenue policies. This article includes various restrictions on the ability of the Legislature and local governments to impose taxes, with most of these restrictions concerning local property taxes. For instance, Section 1-e prohibits statewide property taxes.
Section 1-a of Article 8 authorises Texas counties to levy ad valorem taxes on all property within their boundaries for county purposes. This excludes the first $3,000 value of residential homesteads of married or unmarried adults, not exceeding 30 cents on each $100 valuation. The revenue derived from these taxes is to be used for the construction and maintenance of Farm-to-Market Roads or for flood control.
Section 1-g allows the Legislature to authorise cities, towns, and other taxing units to grant exemptions or relief from ad valorem taxes on property located in a reinvestment zone to encourage development or redevelopment. The Legislature can also authorise cities or towns to issue bonds or notes to finance the development or redevelopment of unproductive, underdeveloped, or blighted areas.
Another section of Article 8 states that all net revenues remaining after payment of refunds and expenses of collection derived from motor vehicle registration fees and taxes on motor fuels and lubricants used for motor vehicles shall be used solely for acquiring rights-of-way, constructing, maintaining, and policing public roadways, and for the administration of related laws.
Article 8 also includes provisions for the specification of subjects not limited by the Legislature's power, equalization of valuations, exemptions for farm products, livestock, poultry, and family supplies, and limitations on increases in total property taxes.
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Frequently asked questions
The Texas Constitution has grown from 22,911 words in 1876 to 97,642 as of the constitutional election of November 5, 2019.
The Texas Constitution is the second-longest state constitution in the US. Alabama has the longest constitution with 388,882 words as of 2019. Most state constitutions contain fewer than 40,000 words.
By 1980, voters had approved 235 proposals. The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836.
The Texas Constitution contains provisions that are unique to the state, such as those dealing with land titles and law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. It also includes a bill of rights that guarantees religious liberty, free speech, due process rights, the right of habeas corpus, and trial by jury.
