Simone Lawson
The Texas Constitution has been amended more than 400 times since 1876, with the most successful attempt at revising the unwieldy state constitution taking place in 1969, when 56 obsolete provisions were repealed. In 1971, the Texas Legislature proposed a constitutional convention to draft a new constitution, which was approved by voters in 1972. The convention met in 1974 but failed by three votes to propose a new constitution. In 1975, the Legislature revived the work of the 1974 convention and proposed eight amendments, which were defeated in a special election. The Texas Constitution has been revised numerous times since 1876, with significant attempts at revision occurring in 1919, 1949, and 1957, and the basic structure of government adopted in 1876 remains in today's Texas Constitution.
| Characteristics | Values |
|---|---|
| Year of constitutional revision | 1975-1976 |
| Previous attempts at revision | 1919, 1949, 1957, 1959, 1960, 1967, 1969 |
| Constitutional convention | The 63rd Legislature met as a constitutional convention from January 8, 1974, to July 30, 1974 |
| Outcome of convention | Failed by 3 votes to produce a document to submit to voters |
| Legislature approval | A new constitution in the form of eight amendments was approved by the Legislature |
| Voter approval | All eight amendments were defeated in a special election on November 4, 1975 |
| Legacy | A large body of written material on the Texas Constitution |
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What You'll Learn
The 1974 constitutional convention
Recognizing the need for a new state constitution, the Sixty-second Texas Legislature passed a resolution in May 1971 that called for the establishment of a constitutional revision commission and for the convening of the Sixty-third Legislature as a constitutional convention at noon on the second Tuesday in January 1974. The resolution was presented to the voters of Texas as Constitutional Amendment Number 4 on November 7, 1972, and it was approved by a vote of 1,549,982 to 985,282, becoming Article XVII, Section 2 of the Constitution of 1876.
The 1974 Texas Constitutional Convention finally convened on January 8, 1974, with Lieutenant Governor Hobby presiding as temporary chairman. Speaker of the House of Representatives Price Daniel, Jr., of Liberty County, was elected president of the convention, and State Senator A. M. Aikin, Jr., of Lamar County, was elected vice president. The permanent rules of the convention were adopted during the first week of proceedings, and the delegates were appointed to eight substantive and five procedural committees.
The convention was originally planned to last ninety days and adjourn on May 31, 1974, but members soon voted by a two-thirds majority to extend the time by sixty days, the maximum allowed, to July 30. With the legislators as delegates, divisive politics became a obstacle to completing the task at hand. Some argued that the hands-off policy of the state executive branch prevented positive leadership. The most controversial issue was a right-to-work provision in the constitution, with labor groups strongly opposed and antilabor factions pressuring delegates for support.
After seven months, the constitutional convention closed on July 30, 1974, having failed by three votes (118 for, 62 against, and 1 not voting) to produce a document to submit to the voters. One legacy of the 1974 constitutional convention was a large body of written material on the Texas constitution.
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Eight amendments proposed
The Texas Constitution is one of the longest in the nation, and it has been subject to various attempts at revision. In 1975, the Texas Legislature approved a new constitution in the form of eight amendments, which were put to voters in a special election on November 4, 1975. These eight amendments were proposed after the Legislature revived the work of the 1974 constitutional convention, which had failed by just three votes to produce a new constitution.
The eight amendments proposed in 1975 covered a range of issues, but the specific details of each amendment are not readily available. However, it is known that the 1974 constitutional convention, which preceded the 1975 amendments, had a significant focus on procedural matters and substantive issues. The convention addressed matters such as the rules and procedures of the convention itself, as well as more substantive topics through dedicated committees. Unfortunately, the exact nature of these topics and committees is not explicitly stated in the sources.
The 1974 convention was a limited one, meaning that the Bill of Rights could not be changed, and this remained true for the eight amendments proposed in 1975. Despite the efforts of the Legislature and the special election, all eight amendments were defeated by Texas voters. This outcome reflected the challenges Texas faced in attempting to revise its unwieldy state constitution.
The Texas Constitution has seen numerous attempts at revision, with the most successful one occurring in 1969 when 56 obsolete provisions were repealed. The state's voters have shown a willingness to approve amendments, as evidenced by the passage of Constitutional Amendment Number 4 in 1972, which added Article XVII, Section 2 to the Constitution of 1876. However, the more ambitious goal of enacting a comprehensive new constitution has proven elusive, as the 1974 convention and the eight amendments proposed in 1975 did not ultimately succeed in bringing about a new constitution for Texas.
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Voters rejected amendments
The Texas Constitution of 1876 outlines that two-thirds of all members of each house of the Texas legislature may propose amendments at any regular biennial session. Amendments may also be proposed at special sessions, provided that the subject of the amendment is included among the session's purposes for convening.
In 1971, the Texas Legislature passed a resolution that called for the establishment of a constitutional revision commission and for the convening of the Sixty-third Legislature as a constitutional convention in January 1974. The resolution was presented to Texas voters as Constitutional Amendment Number 4 on November 7, 1972, and was approved by a vote of 1,549,982 to 985,282.
The constitutional convention met as planned in January 1974, but after seven months, it failed by three votes to produce a document to submit to voters. However, in 1975, the legislature approved a new constitution in the form of eight amendments that were approved by the normal amendment process. The Bill of Rights remained unchanged, but the eight amendments went before voters in a special election on November 4, 1975, and were all rejected.
The failure of the 1974 constitutional convention did, however, leave a large body of written material on the Texas constitution.
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A new constitution approved
The Texas Constitution of 1876 has been amended over 400 times since its adoption, with the basic structure of the government remaining in place. However, the need for a new state constitution was recognised in the 1970s, and attempts were made to draft a new constitution or significantly revise the existing one.
In 1971, the Texas Legislature passed a resolution calling for the establishment of a constitutional revision commission and for the Sixty-third Legislature to meet as a constitutional convention in January 1974. The convention was a limited one, meaning that the Bill of Rights could not be changed. The commission held its first meeting in March 1973 and, after nineteen public hearings, presented its recommendations for a new constitution to the legislature in November 1973.
The Sixty-third Legislature convened as a constitutional convention on January 8, 1974, with Speaker of the House of Representatives Price Daniel, Jr. elected as president of the convention. However, after seven months, the convention failed by just three votes to produce a document to submit to voters. Despite this setback, the Legislature revived much of the work of the 1974 convention in 1975 and proposed it as a set of eight amendments. The Bill of Rights remained unchanged, and these eight amendments were put before voters in a special election on November 4, 1975. Unfortunately, all eight amendments were defeated.
The legacy of the 1974 constitutional convention was a large body of written material on the Texas constitution. This material, along with the continued recognition that the existing constitution was unwieldy and in need of modernisation, paved the way for future revision attempts.
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The 1972 mandate
The Texas Constitution of 1876 has been amended over 500 times since its adoption, making it one of the most amended state constitutions in the US. The need for frequent amendments is due to the document's highly restrictive nature, which stipulates that the state of Texas has only the powers explicitly granted to it. As such, in 1971, the Sixty-second Texas Legislature recognised the need for a new state constitution and passed a resolution calling for the establishment of a constitutional revision commission. This was to be a limited convention, meaning that the Bill of Rights could not be changed.
The resolution was presented to Texas voters as Constitutional Amendment Number 4 on November 7, 1972, and was approved by a vote of 1,549,982 to 985,282. This amendment became Article XVII, Section 2 of the Constitution of 1876. Following the mandate of this amendment, the Sixty-third Legislature established a constitutional revision commission in February 1973 to "study the need for constitutional change and report its recommendations to the members of the legislature no later than November 1, 1973". The commission held its first meeting in March 1973 and, after 19 public hearings across the state, presented its recommendations for a new constitution to the legislature on November 1, 1973.
The Sixty-third Legislature then convened as a constitutional convention on January 8, 1974, with Lieutenant Governor Hobby presiding as temporary chairman. However, despite an additional 60 days, the convention failed by three votes to propose a new constitution.
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Frequently asked questions
The Texas Constitution of 1876 was adequate for a rural people engaged principally in subsistence farming, but not for an urban-industrial-commercial society. There had been calls for a new constitution since 1919, and in 1959 an interim report found a need for simplification and substantial changes.
In May 1971, the Sixty-second Texas Legislature passed a resolution calling for the establishment of a constitutional revision commission and for the Sixty-third Legislature to convene as a constitutional convention in January 1974. After holding nineteen public hearings, the commission presented its recommendations for a new constitution in November 1973. The convention failed by three votes to produce a document to submit to voters. However, in 1975, the Legislature approved a new constitution in the form of eight amendments, which were defeated in a special election on November 4, 1975.
The proposed revisions aimed to address the increasingly unwieldy nature of the state constitution and bring it in line with the needs of a modern, urban-industrial-commercial society. The eight amendments proposed in 1975 did not include any changes to the Bill of Rights.
The Sixty-third Legislature, led by Lieutenant Governor Hobby and including Speaker of the House of Representatives Price Daniel, Jr. and State Senator A. M. Aikin, Jr., played a key role in the revision process. The constitutional revision commission, established in February 1973, held nineteen public hearings and presented its recommendations to the legislature in November 1973.
The eight amendments proposed in 1975 were defeated in a special election on November 4, 1975. However, the process generated a large body of written material on the Texas constitution, and the need for revision remained a key topic.
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