Amending Texas' Constitution: The Ratification Process

The Texas Constitution is the foundational legal document of the State of Texas, outlining the structure and functions of the state government, citizens' rights, and the limits of state power. The process of amending the Texas Constitution is a two-step procedure. The first step is similar to the process for amending the United States Constitution, but the second step differs. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. However, in Texas, a simple majority of voters is required for ratification.

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Texas constitutional amendment elections

Any member in either chamber of the Texas Legislature may introduce a joint resolution proposing a constitutional amendment. A majority of Texas voters must then approve the amendment in a special election. Two-thirds of the members must approve the joint resolution for it to be placed on the ballot, which equates to a minimum of 100 members of the Texas House and 21 members of the Texas Senate. The Texas secretary of state 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.

Constitutional amendment elections normally take place in November of odd-numbered years after regular sessions of the legislature. The secretary of state is required to widely publicize proposed amendments, including the publication of "a brief explanatory statement of the nature of a proposed amendment, together with the wording of the proposition as it is to appear on the ballot." The explanatory statement is prepared by the secretary of state and approved by the attorney general. It must be published twice in each newspaper in the state that meets the requirements set by the legislature, with the first notice published no more than 60 days and at least 50 days before the election, and the second notice published the following week.

On the ballot, voters are presented with one or more "propositions" and given the choice to vote for or against each one. If a majority of votes are cast in favor of an amendment, it becomes part of the constitution, and a proclamation is made by the governor. From 1876 to 2019, the Texas Constitution was amended 507 times, with voters approving 74% of the amendments placed on the ballot.

How to propose an amendment

The Texas Constitution is the foundational legal document of the State of Texas, outlining the structure and functions of the state government, the rights of citizens, and the limits of state power. The process of proposing an amendment to the Texas Constitution is a detailed and direct procedure that requires substantial political and public support. Here is a step-by-step guide on how to propose an amendment:

Step 1: Introduction of a Joint Resolution

Any member of either chamber of the Texas Legislature can introduce a joint resolution proposing a constitutional amendment. This is the first official step in the process of amending the Texas Constitution.

Step 2: Approval by Two-Thirds Majority

For the proposed amendment to advance, it must gain the support of a supermajority in the Texas Legislature. Specifically, two-thirds of the members in both the Texas House (at least 100 members) and the Texas Senate (at least 21 members) must approve the joint resolution.

Step 3: Filing with the Secretary of State

Once the joint resolution has been approved by the required supermajority, it is not submitted to the governor for signing. Instead, it is filed directly with the Texas Secretary of State. This step initiates the process of placing the proposed amendment on the ballot for voter consideration.

Step 4: Ballot Placement and Voter Decision

The proposed amendment is now set to appear on the ballot in a constitutional amendment election, also known as a ratification election. These elections typically occur in odd-numbered years after regular sessions of the legislature. If multiple constitutional amendments are on the ballot, the Texas Secretary of State conducts a random drawing to determine their order of appearance. Voters are presented with the proposed amendments, or "propositions," and they have the power to vote for or against each one.

Step 5: Voter Approval and Ratification

For the amendment to be ratified and become part of the Texas Constitution, it must receive the approval of a majority of Texas voters. If a majority of votes cast are in favour of the amendment, the governor will proclaim its adoption, and it will officially become part of the constitution.

The process of proposing an amendment to the Texas Constitution involves a collaborative effort between the Texas Legislature and the citizens of Texas. It ensures that any changes to the foundational legal document of the state reflect the will of the people and are supported by a substantial portion of the electorate.

The role of the Texas Legislature

The Texas Constitution is the foundational legal document of the State of Texas. It outlines the structure and functions of the state government, the rights of citizens, and the limits of state power. Amending the Texas Constitution is a process that involves the Texas Legislature and the voters of Texas. The Texas Legislature plays a crucial role in the first step of the amendment process.

Any member of either chamber of the Texas Legislature can introduce a joint resolution proposing a constitutional amendment. This proposal can add to, remove from, or modify the text of the constitution. For the proposal to advance, it must gain the approval of at least two-thirds of the members in both chambers, amounting to a minimum of 100 members of the Texas House and 21 members of the Texas Senate. This requirement for a supermajority vote is similar to the process for amending the United States Constitution, where a two-thirds majority is needed in both the House of Representatives and the Senate.

Once the joint resolution is adopted by the Texas Legislature, it is not submitted to the governor for signing. Instead, it is filed directly with the Texas 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.

The proposed amendments are then presented to the voters of Texas during a special election, known as a constitutional amendment election or ratification election. These elections typically occur in odd-numbered years after regular sessions of the legislature. On the ballot, voters are given a choice to vote for or against each proposed amendment, known as "propositions." The Texas Legislature, therefore, plays a vital role in initiating and shaping the proposed amendments that ultimately go before the voters for final approval.

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The role of the Secretary of State

The Secretary of State is one of six state officials named by the Texas Constitution to form the Executive Department of the State. The Secretary is appointed by the Governor, with confirmation by the Senate, and serves at the pleasure of the Governor.

The Secretary of State plays a crucial role in the process of amending the Texas Constitution. Once a joint resolution proposing a constitutional amendment is passed by the Texas Legislature, it is filed directly with the Secretary of State. If multiple constitutional amendments pass the legislature in a given year, the Secretary of State conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot.

As the Chief Election Officer for Texas, the Secretary of State is responsible for administering the Texas Election Code and ensuring the uniform application and interpretation of election laws throughout the state. This includes overseeing the process of special elections, where Texas voters approve or reject constitutional amendments. The Secretary's office maintains voter registration records and educates future voters through programs like Project V.O.T.E., which teaches students about the electoral process and encourages them to vote.

Additionally, the Secretary of State serves as the governor's lead liaison for Texas Border and Mexican Affairs and as the state's chief international protocol officer. In this capacity, the Secretary manages issues related to the Texas-Mexico border and represents the governor in meetings with international dignitaries and delegations.

The Secretary of State also has administrative and record-keeping responsibilities. The office maintains filings and records related to business entities, corporations, financial and banking transactions, and other public organizations. The Secretary publishes government rules and regulations, including the "Texas Register," a weekly administrative law journal. The Secretary is also the keeper of the state seal, which is required to be affixed to various official documents.

The ratification process

Once the joint resolution has been approved, it is filed directly with the Texas Secretary of State, bypassing the governor. The Secretary of State plays a crucial role in the process. They are responsible for widely publicising the proposed amendments, including publishing an explanatory statement about the nature of the amendment, the date of the election, and the exact wording of the proposition. This information must be made available to the public through various channels, including newspapers and postings in courthouses, within specified time frames.

If multiple constitutional amendments pass the legislature in a given year, the Secretary of State conducts a random drawing to determine the order in which these proposed amendments will appear on the ballot. The constitutional amendment elections, also known as ratification elections, typically occur in the November of odd-numbered years following regular legislative sessions.

During these ratification elections, Texas voters are presented with one or more "propositions," which are the proposed amendments. They are given the choice to vote for or against each proposition. If a majority of the votes cast are in favour of an amendment, it is ratified and becomes part of the Texas Constitution. The governor then makes a proclamation declaring the successful ratification.

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