Jonah Patel
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 current version was adopted in 1876 and is the seventh constitution in Texas history. The Texas Constitution has been amended numerous times, with over 500 amendments approved by voters since 1876. Due to its complexity, there have been attempts to draft a new constitution or significantly revise the existing one. Any changes to the constitution must be approved by a two-thirds majority in the Texas Legislature and then ratified by Texas voters in a special election, making the process challenging but ensuring that any modifications have substantial political and public support.
| Characteristics | Values |
|---|---|
| Process of amending the Texas Constitution | A joint resolution proposing the constitutional amendment is first passed by the Texas Legislature. |
| A majority of Texas voters then approve the amendment in a special election. | |
| The amendment may add to, remove from, or modify the text of the constitution. | |
| The Texas Constitution has been amended 507 times between 1876 and 2019. | |
| The current Texas Constitution was adopted in 1876, and Texans have approved 474 amendments since then. | |
| Confusion and disorganization in the current Texas Constitution | The current Texas constitution has several provisions that no longer have meaning or are confusing. |
| The constitution has been amended many times, leading to disorganization and a lack of logical placement for certain subjects. | |
| Reorganized Texas Constitution | A reorganized version of the Texas Constitution has been proposed, which aims to provide a better understanding of the state's basic charter. |
| This version does not change the meaning of any provisions but reorganizes them for clarity and logical structure. | |
| Ratification of amendments | A majority of votes cast in favor of an amendment leads to its ratification, and the governor issues a proclamation. |
| The ratification rate for Texas constitutional amendments is 74%. |
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What You'll Learn
Understanding the current Texas Constitution
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. The current Texas Constitution, adopted on February 15, 1876, is the seventh in the state's history. The previous six were adopted in 1827 (while Texas was part of Mexico), 1836, 1845, 1861, 1866, and 1869. The Texas Constitution is the second-longest state constitution in the United States.
The Texas Constitution is organised by articles. The first article, known as the Bill of Rights, outlines the basic rights of citizens. Notably, the Texas Bill of Rights is more detailed than its federal counterpart and contains provisions unique to Texas. For example, Section 12 recognises the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances, which differs from the U.S. Constitution. Additionally, Section 4 prohibits religious tests for public officeholders but includes a requirement for officeholders to acknowledge a "Supreme Being," which may be legally contentious.
Article 2 of the Texas Constitution provides for the separation of powers between the legislative, executive, and judicial branches of the state government. Article 3 vests the legislative power in the "Legislature of the State of Texas," consisting of the state's Senate and House of Representatives. It also sets out the qualifications and requirements for senators and representatives and regulates the legislative process. This article is the longest in the constitution and contains limitations on the power of the legislature, along with numerous exceptions.
The Texas Constitution can be amended through a process established in 1876. A member of the Texas Legislature introduces a joint resolution proposing an amendment. Two-thirds of the members must approve the resolution for it to be placed on the ballot. In a special election, Texas voters then approve or reject the amendment. From 1876 to 2019, the Texas Constitution was amended 507 times, with 66 original sections removed. Between 2019 and 2024, the Texas Legislature proposed 714 amendments, with 530 approved, 181 defeated, and three never making it onto the ballot.
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The process of amending the Constitution
The process of amending the Texas Constitution is outlined in Article 17 of the constitution. 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.
Any member of either chamber of the Texas Legislature can initiate the process of amending the Texas Constitution by introducing a joint resolution proposing a constitutional amendment. Two-thirds of the members, a minimum of 100 members of the Texas House and 21 members of the Senate, must then approve the joint resolution for it to be placed on the ballot. The joint resolution process bypasses the governor, and the proposed amendment 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. Constitutional amendment elections, also called ratification elections, typically occur in odd-numbered years after regular legislative sessions. Voters are presented with "propositions," or the proposed amendments, and can vote for or against each one.
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 are in favour of an amendment, it becomes part of the Constitution, and the governor must issue a proclamation to that effect. The process for amending the Texas Constitution was established in 1875, and since 1876, the Texas Constitution has been amended 507 times, with voters approving 507 and rejecting 180, resulting in a ratification rate of 74%.
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The role of the Texas Legislature
The Texas Legislature is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. It is the constitutional successor of the Congress of the Republic of Texas since the state's 1845 entrance into the Union. The Texas Constitution outlines the role and powers of the Legislature, which include:
Lawmaking Powers
The Texas Legislature has the primary power to make laws for the state. This includes the power to tax, spend, and borrow money for public purposes. The Legislature is also responsible for organizing and conferring powers on the executive and judiciary, not otherwise provided for or prohibited in the Texas Constitution.
Non-Legislative Powers
In addition to its lawmaking powers, the Texas Legislature has several non-legislative powers, including the power to impeach and remove executive and judicial officers, elect the governor in the event of a tie, decide certain contested elections, and approve gubernatorial appointments. The Legislature also has the power to propose constitutional amendments, which can be done by any member of either chamber through a joint resolution.
Checks and Balances
The Texas Legislature is subject to checks and balances in the tripartite system. This includes the governor's power to veto bills and call special sessions, the courts' power of judicial review, and a measure of administrative agency independence. Additionally, the Texas Constitution requires that two-thirds of a chamber's members be present to constitute a quorum for conducting business, which is a higher threshold than in the United States Congress.
Qualifications and Terms of Office
The Texas Constitution sets the qualifications for election to the Senate as follows: a senator must be at least 26 years of age, a resident of Texas for five years prior to the election, and a resident of the district from which they are elected for one year prior to the election. Each senator serves a four-year term, and half of the Senate membership is elected every two years in even-numbered years. As of 2022, a majority of the members of each chamber are members of the Republican Party.
Sessions and Procedures
The Texas Legislature meets in regular session on the second Tuesday in January of each odd-numbered year and is limited to 140 calendar days. The lieutenant governor, elected separately from the governor, presides over the Senate, while the Speaker of the House is elected by its members. The Legislature may also be called into special sessions by the governor, which are limited to 30 days each. Certain legislative procedures have been in place since the First Legislature in 1846, such as the requirement that bills be given three readings and the specification of a bill's enacting clause.
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Voter approval and statewide elections
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. It is not meant to be changed without substantial political and public support. The Texas Constitution was last amended in 2023, and since 1876, Texas voters have approved 474 amendments.
Voter approval is a critical aspect of amending the Texas Constitution. Any changes to the constitution must be approved by a majority of Texas voters in a state-wide election. This process ensures that any modifications to the foundational legal document of the state reflect the will of the people.
To initiate the amendment process, a joint resolution proposing the constitutional amendment must be passed by the Texas Legislature. This resolution can be introduced by any member of either chamber of the Legislature and must be approved by a two-thirds majority in both the Texas House and Senate. This means at least 100 members of the Texas House and 21 members of the Texas Senate must support the resolution.
Once the joint resolution has been passed, it is filed directly with the Texas Secretary of State. The Secretary of State plays a crucial role in the amendment process. They are responsible for conducting a random drawing to determine the order of proposed amendments on the ballot, as multiple amendments may be considered in a single election.
The constitutional amendment elections, also known as ratification elections, typically occur in odd-numbered years after regular sessions of the Legislature. During these elections, voters are presented with "propositions," which are the proposed amendments. Voters have the choice to vote for or against each amendment.
After the election, the returning officer in each county submits the results to the Secretary of State. If a majority of votes cast are in favour of an amendment, it becomes part of the Constitution, and the governor must issue a proclamation to that effect. The official vote canvass, conducted by the governor 15 to 30 days after the election, confirms statewide majority approval.
It is worth noting that Texas has a higher ratification bar for amending its constitution compared to amending the U.S. Constitution. While a simple majority of Texas voters is required to ratify an amendment to the Texas Constitution, three-fourths of states must ratify an amendment to the U.S. Constitution.
The process of amending the Texas Constitution through voter approval and statewide elections ensures that any changes reflect the desires of the Texan population and protects the integrity of the foundational legal document of the state.
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The impact of past amendments
The Texas Constitution, which came into effect in 1876, has been amended numerous times since its inception. From 1876 through 2019, the Texas Constitution was amended 507 times, with voters approving 507 and rejecting 180 of the 687 amendments placed on the ballot. This frequent amendment of the constitution has had a significant impact on the state's governance and the rights of its citizens.
One notable impact of past amendments is the expansion of citizens' rights and freedoms. For example, SJR 27 (2021) prohibited the state or its political subdivisions from limiting or suspending religious services, even during a pandemic, thereby protecting religious freedom. Amendments have also been used to protect Texans' right to farm, as well as to prevent the imposition of certain taxes, such as a wealth tax.
Amendments have also played a role in shaping the state's political landscape. For instance, by enshrining certain provisions in the constitution, such as the absence of a wealth tax, it becomes much harder for future legislatures with differing political ideologies to pass contrary laws. This was demonstrated in the attempt to change the retirement age of state judges, which required asking voters to amend the constitution.
The budgetary process in Texas has also been influenced by constitutional amendments. Voter-approved spending measures do not count toward the state spending cap. As a result, lawmakers often propose amendments that require spending from the state's surplus funds, such as the creation of the Texas energy fund or a cost-of-living increase for retired teachers. These amendments allow for additional spending without directly impacting the state's budget cycle limitations.
While the amendment process allows for necessary changes to be made to the Texas Constitution, critics argue that the frequent amendments highlight the archaic nature of the document. Jon Taylor, a political science expert, has described it as a "horse-and-buggy constitution for a digital age", suggesting that the constitution is overly restrictive and requires frequent amendments to grant power to the legislature, governor, or local authorities. This criticism underscores the impact of past amendments in shaping the balance of power between different levels of government in Texas.
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Frequently asked questions
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.
Any member of the Texas Legislature can introduce a joint resolution proposing a constitutional amendment. Two-thirds of the members must then approve the joint resolution for it to be placed on the ballot. The voters of Texas then approve or reject the amendment in a special election.
The Texas Constitution is the third-most amended state constitution in the US. From 1876 to 2019, it was amended 507 times.
The Texas Constitution can be rewritten through a ""convention of states," bypassing Congress. However, this process has never been used. The closest attempt was in 1971, when the Texas Legislature placed an Amendment on the ballot to meet as a constitutional convention and draft a new constitution. The measure passed, but the convention failed by three votes to propose a new constitution.
The current Texas Constitution, adopted in 1876, is the seventh in Texas history. Previous constitutions were adopted in 1827 (while Texas was part of Mexico), 1836, 1845, 1861, 1866, and 1869. Texas has had a complex history, including periods as part of Mexico, an independent republic, and a member of the Confederate States during the Civil War.
