Malcolm Rivera
The Texas Constitution is the second-longest state constitution in the US and is also the third-most amended. The current version, adopted in 1876, is the seventh in Texas history. The constitution is notable for covering a wide range of specific topics, including local government, taxes, and private property rights. The ease with which it can be amended means that, in Texas, the Constitution functions more as an adjunct to the statutes than a static set of governing principles.
| Characteristics | Values |
|---|---|
| Length | Second-longest state constitution in the US |
| Amendments | Third-most amended state constitution |
| Topics | Local government, taxes, and private property rights |
| History | Seven constitutions in Texas history |
| Bill of Rights | Texas is a free and independent state |
| Equality | All free men have equal rights |
| Evidence | No person shall be disqualified to give evidence based on religious opinions |
| Worship | All men have a right to worship according to their conscience |
| Bail | All prisoners shall be bailable by sufficient sureties |
| Taxation | No statewide property taxes |
| Education | Created Texas' free public school system |
| University | Mandated the establishment of "a University of the first class" |
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What You'll Learn
Texas Constitution's length and ease of amendment
The Texas Constitution is one of the largest state constitutions in the US, surpassed in length only by Alabama's and California's. Texas' constitution is notable for including a lot of very specific topics, such as local government, taxes, and private property rights, that many other states leave to their legislatures.
Texas has a unique history, and the drafters of the Texas Constitution chose to protect these topics in the strongest way possible. They recognised, however, that this high level of detail meant that the Constitution could easily become outdated and would need to be changed to keep up with society. Thus, they made it easy to amend, and it has been amended nearly 500 times, more than all but three other states.
The Texas Constitution has gone through several different versions. Upon joining the United States, Texas redrafted its Constitution completely. It became longer and more detailed, although it was still much shorter than the length it would eventually reach. The Constitution of 1845, adopted when Texas seceded from the Union, included minimal changes, mainly revising terminology to reflect Texas' membership in the Confederacy. The 1861 Constitution was temporary and adopted after the Civil War when Texas was under federal jurisdiction. The 1876 Constitution, which is still in effect today, established the pattern of a long, restrictive document intended to act as a check on state government power.
The Texas Constitution is a dynamic, living document designed to be changed to reflect the growth and development of the state. Amending the Constitution is a valid way of changing the law in Texas, unlike at the national level.
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Texas' unique history
Texas has a unique history that has resulted in a distinct approach to its constitution. Texas has had seven constitutions throughout its history, reflecting its evolution from being part of Mexico to becoming a state in the US. The current constitution, adopted in 1876, is the second-longest state constitution in the US, and one of the most amended.
Texas' constitution is detailed and specific, covering a wide range of topics, including local government, taxes, and private property rights. This level of detail is a result of Texas' history and the desire to protect these areas. For example, the constitution includes provisions prohibiting banks and mandating a strict separation of church and state, influenced by the prevalent Jacksonian agrarianism and frontier radicalism before the Civil War.
The 1876 constitution also reflects Texas' history of conservatism, with a lengthy bill of rights declaring Texas a free and independent state, subject only to the US Constitution. It asserts equal rights for all free men, and the right to alter or abolish the government. It also includes provisions for the creation of counties, the establishment of a university system, and the management of public funds.
The ease of amending the Texas Constitution has resulted in nearly 500 changes, ensuring the document remains relevant and adaptable to societal changes. This feature, along with its length, means the constitution functions as an adjunct to statutes rather than a static set of principles. The ability to amend the constitution has allowed Texas to address specific issues, such as banning any future income tax in 2019, requiring a 2/3 majority in the legislature to repeal.
The Texas Constitution, with its lengthy and detailed nature, is a reflection of the state's unique history and the desire to protect specific rights and areas of governance. The amendments over time have ensured the document remains relevant, demonstrating Texas' commitment to a flexible and adaptable approach to its constitutional framework.
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Texas Constitution's ban on income tax
Texas has never had a personal income tax. In 2019, the constitution was amended to ban any future income tax, requiring a two-thirds majority of the legislature to vote to repeal the ban. This amendment, known as Proposition 4, replaced the "Bob Bullock" amendment, which allowed the legislature to impose a personal income tax with voter approval, provided that the new revenue funded school property tax cuts and education programs.
Proposition 4 was supported by Republican leaders and Governor Greg Abbott, who praised the vote as a "victory for taxpayers". They argued that the lack of an income tax was a conservative bona fide and part of the state's attraction for businesses and residents. However, critics, including Ann Beeson of the Center for Public Policy Priorities, claimed that the proposition was unnecessary and that lawmakers were trying to score political points instead of making serious decisions about funding.
The proposition also faced pushback due to concerns about its wording. Some argued that the term ""individual" was vague and could be interpreted to include businesses, potentially costing the state billions in revenue. Despite these concerns, the legislature amended the tax code to define an "individual" as a "natural person".
With the passage of Proposition 4, Texas joined six other states without an income tax. The state relies heavily on sales and property taxes to fund services like healthcare, education, and transportation.
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Texas Constitution's influence on the state's financial system
Texas' constitution is one of the largest state constitutions in the US, only exceeded by Alabama and California. It is notable for covering specific topics like local government, taxes, and private property rights, which are usually left to state legislatures. Texas' unique history has led to the constitution being amended nearly 500 times, more than all states except Alabama and California. The constitution has a significant influence on the state's financial system, including the following ways:
Taxes
The Texas Constitution places restrictions on the ability of the Legislature and local governments to impose taxes. Most of these restrictions concern local property taxes, with Section 1-e prohibiting statewide property taxes. The constitution also bans any income tax, requiring a two-thirds majority in the legislature to repeal the ban. In contrast, the previous requirement to pass an income tax was through a statewide referendum with a simple majority.
Public Education
The Texas Constitution played a role in creating the state's free public school system and school funding system. The constitution also mandates the establishment of a "University of the first class", now known as The University of Texas, and an "Agricultural and Mechanical department", today's Texas A&M University. Additionally, it establishes Prairie View A&M University.
Counties
Article 9 of the Texas Constitution provides rules for the creation of counties, determining the location of county seats, and the formation of county-wide hospital districts. It also includes provisions regarding airports and mental health.
Railroads
Article 10 of the Texas Constitution declares that railroads are considered "public highways", and railroad carriers are deemed "common carriers".
Federal and State Government Relationship
The ability of the federal and state governments to achieve their objectives is often interdependent. For example, the federal government's efforts in homeland security are supported by local and state law enforcement. Similarly, the state's ability to provide public education and healthcare is enhanced by federal financial assistance. The Texas Constitution, with its focus on specific topics, reflects the interplay between federal and state powers.
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Texas Constitution's amendments
The Texas Constitution is one of the longest in the US and is still being amended and added to. As of 2024, the Texas Legislature has proposed 714 amendments, of which 530 have been adopted, 181 defeated, and 3 never made it to the ballot. The current constitution has been amended 498 times, making it the third-most amended state constitution in the US.
The Texas Constitution was first adopted in 1876 and is the seventh constitution in Texas history. The previous six were adopted in 1827, 1836, 1845, 1861, 1866, and 1869. The constitution has been amended several times to include a wide range of topics, including the creation of counties, the establishment of universities, taxation and revenue, and the rights and limitations of the state government.
Article 1 of the Texas Constitution is entitled the "Bill of Rights" and consists of 34 sections, 5 of which have been added since 1876. Article 2 is labeled as the "Power of Government" and provides for the separation of powers, while Article 3 is labeled "Legislative Department." Article 8, "Taxation and Revenue," places restrictions on the ability of the Legislature and local governments to impose taxes, particularly local property taxes. It also prohibits statewide property taxes. Texas has never had a personal income tax, and in 1993, an amendment was adopted to restrict the ability of the Texas State Legislature to impose such a tax. In 2019, the constitution was amended again to ban any future income tax, requiring a two-thirds majority to repeal the ban.
Article 9, "Counties," provides rules for the creation of counties and determining the location of county seats. It also includes provisions for the creation of county-wide hospital districts and other provisions regarding airports and mental health. Article 10, "Railroads," declares that railroads are considered "public highways."
The Texas Constitution has been amended numerous times to address a wide range of topics and issues, reflecting the state's unique history and needs. The ease of amendment has ensured that the constitution remains relevant and up-to-date, functioning more as an adjunct to the statutes than a static set of governing principles.
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Frequently asked questions
The Texas Constitution has been amended nearly 500 times, with the most recent amendment in 2019 to ban any future income tax.
The Texas Constitution is one of the longest state constitutions in the US, covering a wide range of specific topics such as local government, taxes, and private property rights. It also includes provisions that reflect Texas' unique history, such as the creation of a free public school system.
The Texas Constitution is the second-longest state constitution in the US, only exceeded by Alabama's. It is also the third-most amended state constitution, after Alabama and California.
The Texas Constitution can be found electronically on the Tarlton Law Library website, the Texas Legislature Online, and most free legal research websites.
