Omar Bennett
The Texas Constitution is a document that outlines the structure and function of the Texas government and the basic rights of its citizens. It is the second-longest state constitution in the United States. The current constitution, adopted on February 15, 1876, is the seventh in Texas history. The Texas Constitution is organized by articles, with the first article setting out a bill of rights, and the following articles establishing the three branches of government: legislative, executive, and judicial. The Texas Constitution has evolved over time, with hundreds of amendments proposed since 1876. To get a copy of the Texas Constitution, individuals can purchase a physical or digital copy of the document, or access it through the Tarlton Law Library and the University of Texas at Austin's School of Law, which provides digital images of past constitutions.
| Characteristics | Values |
|---|---|
| Date of Adoption | February 15, 1876 |
| Previous Constitutions | 6 |
| Current Constitution | 7th in Texas history |
| Copy Available | Texas on This Day - 500 Years of History (2nd Edition) by Joe E. Ericson and Ernest Wallace |
| Amendments | 714 proposed, 530 approved, 181 defeated, 3 never on ballot |
| Rights | Bill of Rights, longer and more detailed than the federal Bill of Rights |
| Rights (cont.) | No suspension of the writ of habeas corpus |
| Rights (cont.) | No same-sex marriage (legally unenforceable since Obergefell v. Hodges) |
| Rights (cont.) | No religious tests for public officeholders |
| Rights (cont.) | Bail eligibility for individuals detained before trial, except for capital offenses |
| Legislative Power | Vested in the Legislature of the State of Texas (Senate and House of Representatives) |
| Legislative Quorum | 2/3 of elected members in either chamber |
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What You'll Learn
The Texas Constitution of 1876
Article 3 of the Texas Constitution 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. The article 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, contrary to the provision for the United States Congress, which requires only a majority.
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The Texas Constitution's unique provisions
The Texas Constitution, which was adopted on February 15, 1876, is the seventh constitution in Texas history and is the second-longest state constitution in the United States. It has been amended over 500 times, making it the third-most amended state constitution. The Texas Constitution contains several unique provisions that are not found in the U.S. Constitution or other state constitutions.
One unique provision of the Texas Constitution is its detailed Bill of Rights, which includes rights similar to those in the U.S. Bill of Rights but also contains provisions that are specific to Texas. 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, which is a stronger protection than what is provided in the U.S. Constitution. Additionally, the Texas Bill of Rights includes provisions that reflect outdated legal concepts or address extremely unlikely scenarios, such as guaranteeing the right of Texans to name their own towns, ranches, roads, and children without interference from the state government.
Another unique aspect of the Texas Constitution is its focus on limiting the power of the state government. The constitution stipulates that the state of Texas only has the powers explicitly granted to it, and it includes numerous limitations on the power of the legislature. For example, Article 3 vests the legislative power in the "Legislature of the State of Texas" and includes substantive limitations on its power, such as requiring a two-thirds quorum to conduct business, which is a higher threshold than in the United States Congress.
The Texas Constitution also includes provisions that are specific to the state's history and culture. For example, the constitution addresses land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and water and mineral rights, which may reflect Spanish and Mexican influences from Texas's history. Additionally, the constitution requires that all Bingo games in the state be for charitable purposes, which is a reflection of the state's conservative values.
Finally, the Texas Constitution includes a provision that bars atheists from holding public office, requiring officeholders to "acknowledge the existence of a Supreme Being." However, this provision may be legally vulnerable under federal precedent and has been challenged in other states.
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Texas Constitution's history
The Texas Constitution has a long and dynamic history, reflecting the state's evolution and growth. Texas has had seven constitutions, including the Mexican Constitution when it was part of Mexico. The first governing document, the Constitution of the Republic of Texas, was adopted in 1836 after Texas gained independence from Mexico. It was a concise document modelled after the US Constitution. In 1845, when Texas joined the United States, the constitution was redrafted, becoming more detailed and establishing Texas' free public school system.
The Constitution of 1861 was adopted at the onset of the American Civil War, and the next constitution in 1866 came at the war's conclusion. The Constitution of 1869 followed, and in 1875, a Constitutional Convention was held to draft a new constitution. The Texas Constitution of 1876 was then adopted, and it remains the basic organic law of Texas. This constitution is notable for its length and detailed bill of rights, as well as provisions unique to Texas, such as those related to land law and water rights.
From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by the electorate. The Texas Constitution has been described as highly restrictive, and amendments are often proposed to address its limitations. The constitution has been amended to include additional sections that outline specific limitations on the power of the state government. Notably, the Texas Bill of Rights provides protections solely against actions by the Texas government, and it includes rights such as the unqualified right to habeas corpus.
The Texas Constitution has evolved over time, reflecting Texas' dramatic history and making it an integral part of the state's legal and political landscape. The Tarlton Law Library at the University of Texas has a digital collection of the Texas Constitutions from 1824 to 1876, where you can find the original document scans in both HTML and PDF formats. Additionally, print versions of the Texas Constitution can be found in the library at Texas A&M University School of Law.
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Texas Constitution vs US Constitution
The Texas Constitution and the US Constitution share some similarities. Both are founded on the principles of representative democratic government, where power is derived from the people. They both contain a bill of rights that safeguards civil liberties from the government. Both constitutions also establish a two-house legislature, with a House of Representatives and a Senate, and they recognise a system of checks and balances and a separation of powers between the legislative, executive, and judicial branches of government.
However, there are also some notable differences between the two. The US Constitution is intentionally brief and vague, which allows for broad interpretation. On the other hand, the Texas Constitution is the second-longest state constitution in the US and goes into great detail. It explicitly outlines the limitations on the power of the state government and the rights of its citizens. While the Texas Constitution grants Texans similar rights to the US Constitution, it is more specific about when these rights are infringed upon. For example, the Texas Constitution includes a provision recognising the writ of habeas corpus as an unqualified right and prohibits its suspension, while the US Constitution allows suspension in cases of "rebellion or invasion". The Texas Constitution also allows the governor to veto specific items within budget appropriation bills, which the US Supreme Court has argued is unconstitutional due to the separation of powers. Additionally, the Texas Constitution is relatively easy to amend, while the US Constitution is challenging to modify.
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Digital copies of the Texas Constitution
The Texas Constitution, which was adopted on February 15, 1876, is the seventh constitution in Texas history. It is the second-longest state constitution in the United States. Digital copies of the Texas Constitution can be found through the Tarlton Law Library and the University of Texas at Austin's School of Law. The website provides access to digital images of past constitutions from 1824 to 1876.
The Texas Constitution has undergone numerous amendments since its adoption. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by the electorate, 181 defeated, and three never making it to the ballot. The Legislative Reference Library maintains a constitutional amendment search tool for users to explore the proposed and approved amendments.
The Texas Constitution of 1876 contains a comprehensive bill of rights, asserting Texas as a free and independent state subject only to the Constitution of the United States. It guarantees equal rights for all free men, protects the writ of habeas corpus, and ensures freedom of religion, speech, and press. It also secures the right to keep and bear arms, the right to bail for the accused, and the right to a trial by jury.
The constitution outlines the structure and function of the Texas government, including the legislative, executive, and judicial branches. It vests the legislative power in the "Legislature of the State of Texas," consisting of the state's Senate and House of Representatives. The constitution details the qualifications and responsibilities of senators and representatives and imposes limitations on the legislature's power. It also addresses specific areas of law, such as land titles, debtor relief, judicial procedures, marital relations, and mineral rights.
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Frequently asked questions
You can find digital images of past Texas Constitutions on the website for the Tarlton Law Library and the University of Texas at Austin's School of Law.
The Texas Constitution establishes the structure and function of the government of Texas and enumerates the basic rights of its citizens. The document is organized by articles, with the first article setting out a bill of rights and the following articles establishing the three branches of government: legislative, executive, and judicial.
The current Texas Constitution, adopted on February 15, 1876, is the seventh in Texas history. The previous six were adopted in 1827 (while Texas was still part of Mexico), 1836 (after Texas declared independence), 1845 (upon admission to the United States), 1861 (at the beginning of the American Civil War), 1866 (at the end of the war), and 1869. The Texas Legislature has proposed hundreds of amendments to the constitution since 1876, with 530 approved by the electorate and 181 defeated.
