Simone Lawson
The Texas Constitution can be amended through a two-step process. The first step involves proposing amendments, which can be done by the Legislature at any regular session or special session. The second step involves submitting the proposed amendments to the voters for approval. A simple majority vote (50% plus 1) is required for the approval of constitutional amendments. The process of amending the Texas Constitution is outlined in Article 17 of the state's constitution. Texas has held five state constitutional conventions, and the current constitution, ratified in 1876, has been amended over 500 times.
| Characteristics | Values |
|---|---|
| Amendment process | Two-step process |
| Amendment type | Additions, removals, or modifications to the text |
| Proposal | Styled as SJR 1, HJR 1, etc. (House or Senate Joint Resolution) |
| Ballot language | Specified by the joint resolution |
| Approval | Requires voter approval (simple majority) |
| Submission | Not submitted to the governor, filed with the secretary of state |
| Ballot order | Random drawing if multiple amendments in a year |
| Election timing | Odd-numbered years after regular legislative sessions |
| Publication | Notices published 50-60 days before the election |
| Voting procedure | In accordance with procedures prescribed by the Legislature |
| Ratification | Majority of votes cast needed for ratification |
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What You'll Learn
Texas constitutional conventions
Texas has held five state constitutional conventions, with the first occurring in 1845, the same year Texas became the 28th state. The second constitutional convention was held in 1861 when Texas seceded from the Union and joined the Confederate States. This convention resulted in amendments to the Texas Constitution to align with the Confederate Constitution.
Following the Civil War, Texas was required to create a new governing document to rejoin the Union. A constitutional convention was held in 1866, led by the provisional governor of Texas, Andrew Jackson Hamilton, and composed of loyal Unionists. This convention proposed amendments, and a referendum was held to ratify the changes. The resulting 1866 Constitution was adopted as a condition of Texas rejoining the Union and included the recognition of the end of slavery. However, due to dissatisfaction from Congress over Texas's Reconstruction policies, further changes were required.
The fourth constitutional convention took place in 1875 amid widespread discontent with the centralized authority and perceived excesses of the Reconstruction-era government. This convention was dominated by Democrats, many of whom were former Confederates seeking to reduce government power and spending. The resulting 1876 Constitution was ratified by a vote of 136,606 to 56,652 and remains the foundation of Texas government today. It has been amended over 500 times since its adoption, reflecting the need to address emerging state needs.
The Texas Constitution can be amended through a two-step process, with amendments requiring voter approval. The first step involves the Legislature proposing amendments, which must be approved by a two-thirds vote of all members of each House. The second step is the submission of the proposed amendments to the voters for approval. The Texas Constitution is one of 11 state constitutions with no clear mechanism for calling a constitutional convention.
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Amending the constitution
The Texas Constitution is one of 11 state constitutions with no clear mechanism for calling a constitutional convention. It can be amended with a legislatively referred constitutional amendment, which requires voter approval. This is a two-step process.
The Texas Constitution has been amended over 500 times and is one of the most amended state constitutions in the US. Amendments may add to, remove from, or modify the text of the constitution. Proposed amendments are styled SJR 1, HJR 1, and so forth, short for House Joint Resolution or Senate Joint Resolution. The joint resolution normally specifies ballot language that voters will see, which describes part but not all of the proposed amendment. Unlike bills, which are presented to the governor for approval or veto, joint resolutions adopted by the legislature are not submitted to the governor for signing. Instead, they are filed directly with the secretary of state.
If more than one constitutional amendment passes the legislature in a given year, the Texas secretary of state conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot. Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature.
The Legislature may propose amendments revising the Constitution, to be voted upon by the qualified voters for statewide offices and propositions, as defined in the Constitution and statutes of Texas. The proposal for submission must be approved by a vote of two-thirds of all the members elected to each House, entered by yeas and nays on the journals. A brief explanatory statement of the nature of a proposed amendment, together with the date of the election and the wording of the proposition as it will appear on the ballot, shall be published twice in each newspaper in Texas which meets the requirements set by the Legislature for the publication of official notices of officers and departments of the state.
The Texas Constitution provides one mechanism for amending the state's constitution—legislatively referred constitutional amendments. Texas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. According to Article 17, the state Legislature can refer constitutional amendments to the ballot for voters to decide.
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Ratification elections
The Texas Constitution can be amended with a legislatively referred constitutional amendment, requiring voter approval. This is one of 11 state constitutions with no mechanism or unclear processes for calling a constitutional convention.
Constitutional amendment elections, also called ratification elections, are a type of statewide election called to ratify a constitutional amendment adopted by the Texas Legislature. These elections typically occur in November of odd-numbered years following regular legislative sessions. Voters are presented with "propositions", or proposed amendments, and can vote for or against each one.
For an amendment to be placed on the ballot, any member of the Texas Legislature can introduce a joint resolution proposing a constitutional amendment. Two-thirds of members must then approve the joint resolution. The Texas secretary of state then conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot if more than one constitutional amendment passes the legislature in a given year.
The Texas Constitution requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
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Limitations on state authority
The Texas Constitution, which was ratified in 1876, reflects a deep mistrust of government power. It imposes several limitations on state authority, including:
Separation of Powers
The Texas Constitution explicitly provides for the separation of powers, dividing the state government into three branches: the legislative, executive, and judicial branches. This fragmentation of power restricts the government's ability to act outside narrow boundaries and prevents the concentration of power in a single branch.
Bill of Rights
Article 1 of the Texas Constitution, known as the "Bill of Rights," outlines fundamental rights and liberties of citizens. It includes provisions not found in the federal Bill of Rights, such as:
- Religious Freedom: Protecting the freedom of conscience in matters of religion and prohibiting any law that gives preference to a particular religious society or mode of worship.
- Right to Keep and Bear Arms: Guaranteeing the right of citizens to keep and bear arms for their defence or the defence of the state, while allowing the legislature to regulate the wearing of arms to prevent crime.
- Writ of Habeas Corpus: Recognizing the writ of habeas corpus as an unqualified right and prohibiting its suspension under any circumstances.
- Corruption of Blood and Forfeiture of Estates: Prohibiting the corruption of blood and forfeiture of estates, even in cases of suicide.
- Right to Hunt, Fish, and Harvest Wildlife: Affirming the right of the people to engage in these activities while also subject to wildlife conservation regulations.
State Debts
Article 1, Section 49, which is the largest section within Article 1, addresses state debts and includes 30 sub-sections. It limits the power of the Legislature to incur debt only for specific purposes stated in the Constitution. Any debt incurred for a purpose not stated requires numerous amendments to this section, which must be voted on by the people.
Taxation and Revenue
Article 8 of the Texas Constitution places restrictions on the Legislature and local governments' ability to impose taxes, particularly regarding local property taxes and statewide property taxes. It also includes a provision, added in 1993, prohibiting the imposition of a personal income tax.
Counties and Railroads
Article 9 provides rules for the creation of counties and determining the location of county seats. Article 10 declares that railroads are considered "public highways," and railroad carriers are deemed "common carriers."
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Taxes and revenue
Article 8 of the Texas Constitution is labelled "Taxation and Revenue". It places various restrictions on the ability of the Legislature and local governments to impose taxes. Most of these restrictions concern local property taxes, and in some cases, prohibits statewide property taxes. Texas does not have a personal income tax, and Section 24, added by an amendment adopted in 1993, restricts the ability of the Texas State Legislature to impose such a tax.
Article 1, Section 49 of the Texas Constitution establishes one of the state's core spending limits by prohibiting the Legislature from incurring debt unless specific exceptions apply. In general, the state must spend within its available revenue and is not allowed to engage in deficit spending, unlike the federal government. Exceptions are limited to emergencies such as repelling invasion, suppressing insurrection, or defending the state in war. This constitutional restriction applies only to the state government; political subdivisions—such as cities, counties, and school districts—may issue debt for specified purposes under separate legal authority.
Article 3, Section 49-g establishes the state's Economic Stabilization Fund, commonly called the "Rainy Day Fund". This fund was established after an oil bust in the 1980s, at which time state revenues were highly dependent on oil production tax.
Article 7 dedicates revenues from certain state sources—including portions of the Permanent School Fund and Available School Fund—to public education. The Permanent School Fund, created in 1854 and reaffirmed in the 1876 constitution, was originally supported by the sale and lease of public lands. Today, it draws heavily from oil, gas, and mineral revenues tied to those lands. Over time, additional constitutional amendments have clarified funding mechanisms and local control. Notably, Article 7, Section 3-e, added in 1954, authorizes school districts to levy a property tax, subject to limits set by the Legislature and contingent upon voter approval. This ties school funding directly to local tax bases.
Article 8 also authorizes the county tax assessor-collector, a vital office created under this Article, to manage property tax collection on behalf of counties, school districts, and other local taxing entities. Article 8 further permits counties to put all tax money collected by the county into one general fund, without regard to the purpose or source of each tax.
Amendments to the Texas Constitution are proposed as House or Senate Joint Resolutions, styled as HJR or SJR, followed by a number. The joint resolution normally specifies the ballot language that voters will see, which describes part but not all of the proposed amendment. If more than one constitutional amendment passes the legislature in a given year, the Texas secretary of state conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot. Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. Ahead of the election, the secretary of state is required to widely publicise proposed amendments, including a brief explanatory statement of the nature of the proposed amendment, the date of the election, and the wording of the proposition as it will appear on the ballot. The election is then held in accordance with procedures prescribed by the Legislature, in essentially the same manner as other kinds of elections. After the votes are cast, the returning officer in each county submits the returns to the Secretary of State. If a majority of the votes cast were in favour of an amendment, it shall become a part of the Constitution, and the governor must issue a proclamation to that effect.
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Frequently asked questions
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. Proposed amendments are styled as HJR or SJR, short for House Joint Resolution or Senate Joint Resolution. If more than one constitutional amendment passes the legislature in a given year, the Texas secretary of state conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot.
The Texas Constitution requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. The proposal for submission must be approved by a vote of two-thirds of all members of each House. The Secretary of State shall send a copy of the proposed amendment to each county clerk, who shall post the same in a public place in the courthouse at least 30 days prior to the election on said amendment. The election shall be held in accordance with procedures prescribed by the Legislature, and the returning officer in each county shall make returns to the Secretary of State of the number of legal votes cast at the election for and against each amendment.
The 1876 Constitution has been amended over 500 times and remains one of the most amended state constitutions in the U.S. For example, in 2019, the constitution was amended to ban any future income tax, which requires a 2/3 majority of the legislature to repeal the ban.
