Omar Bennett
Texas has had five state constitutions, with the current one being adopted in 1876. The Texas Constitution is the foundational governing document of the State of Texas, second only to the U.S. Constitution. All Texas laws and regulations must comply with the Constitution, and it has been amended several hundred times. The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval.
| Characteristics | Values |
|---|---|
| Number of amendments to the Texas Constitution | 528 |
| Number of amendments since 1995 | 164 |
| Number of amendments proposed in 2023 | 14 |
| Number of amendments approved in 2023 | 13 |
| Number of state constitutions in Texas | 5 |
| Number of articles in the current Texas Constitution | 17 |
| Number of sections in Article 1 of the Texas Constitution | 34 |
| Number of sections added to Article 1 since 1876 | 5 |
| Number of proposed amendments defeated in a single year | 8 |
| Minimum number of votes required in the Texas House of Representatives to place a constitutional amendment on the ballot | 100 |
| Minimum number of votes required in the Texas State Senate to place a constitutional amendment on the ballot | 21 |
| Minimum percentage of votes required during one legislative session to place a constitutional amendment on the ballot | 66.67% |
| Minimum percentage of votes required for voters to approve constitutional amendments | 50% plus 1 |
| Number of states with longer constitutions than Texas | 2 (Alabama and California) |
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What You'll Learn
- Texas has had five state constitutions
- The current Texas Constitution has been amended 528 times
- Amendments require a simple majority vote of 50% plus 1
- The Texas Constitution is one of 11 state constitutions with no mechanism for a constitutional convention
- Texas does not have a constitutional provision related to right-to-work
Texas has had five state constitutions
The Texas Constitution is notable for its highly restrictive nature, stipulating that the state only has the powers explicitly granted to it. This differentiates it from other state constitutions, which often include a Necessary and Proper Clause. The Texas Constitution also explicitly provides for the separation of powers, a feature shared with many other state constitutions.
The Texas Constitution consists of 17 articles, with Article 1 serving as its "Bill of Rights". This article has been expanded over time and currently consists of 34 sections, five more than its original 29. Most of the provisions in this article concern fundamental limitations on the power of the state government and the protection of certain rights granted to citizens. Notably, every provision of the first ten amendments to the United States Constitution has a counterpart in Article 1 of the Texas Constitution.
Article 2 of the Texas Constitution is labelled as the "'Power of Government' and provides for the separation of powers, while Article 3 is labelled the "Legislative Department". The constitution has been amended numerous times, with 528 amendments made since its inception in 1876. The most recent amendments were approved by voters on November 7, 2023, with 13 out of 14 proposed amendments passing.
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The current Texas Constitution has been amended 528 times
The Texas Constitution is the foundational governing document of the State of Texas, second only to the U.S. Constitution. Texas has had five state constitutions, with the current one adopted in 1876. This current constitution has been amended 528 times, making it one of the most frequently amended state constitutions in the U.S.
The Texas Constitution is notable for its length and the ease with which it can be amended. It covers a wide range of specific topics, including local government, taxes, and private property rights, which are often left to state legislatures in other states. Recognizing that this level of detail could cause the constitution to become outdated, its drafters made it relatively simple to amend. The Texas Constitution can be amended through legislatively referred constitutional amendments, which require voter approval. A simple majority (50% plus 1) of voters is needed to approve amendments, and a two-thirds (66.67%) vote is required in the Texas State Legislature to place an amendment on the ballot.
The numerous amendments to the Texas Constitution reflect the state's dynamic legal and political landscape. Texas has a unique history, including its time as an independent republic and its secession from the Union during the Civil War. These historical events have influenced the state's constitutional development and the need for frequent amendments.
The Texas Constitution has provisions that address a variety of issues, such as the Bill of Rights, which outlines fundamental limitations on state government powers and guarantees certain citizen rights. It also covers the Power of Government, providing for the separation of powers, and the Legislative Department. Additionally, the constitution includes sections on the operation of cities based on population, the creation of private corporations, and Spanish and Mexican land titles from the Mexican War Era.
The Texas Constitution's amendability has resulted in significant changes to the state's laws and policies. For example, in 2019, the constitution was amended to prohibit any future income tax, requiring a two-thirds majority in the legislature to repeal the ban. The constitution has also been amended multiple times regarding education funding and the restrictions placed on local school districts. These amendments demonstrate how the Texas Constitution is a living document that adapts to the state's evolving needs and priorities.
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Amendments require a simple majority vote of 50% plus 1
The Texas Constitution, adopted in 1876, has been amended 528 times. The most recent amendments were approved by voters on November 7, 2022, when 13 out of 14 amendments on the ballot were approved.
Texas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. This is in contrast to some other states, such as Florida, Colorado, and Illinois, which require a supermajority vote of 60% or more for constitutional amendments.
A supermajority requirement is a condition for approval where more than a simple majority of voters must approve a ballot measure for it to pass. While Texas does not require a supermajority for constitutional amendments, it does require a two-thirds (66.67%) vote during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate.
Once an amendment is on the ballot, however, a simple majority of 50% plus 1 is sufficient for it to pass. This is consistent with the principle that a simple majority is generally all that is required to pass a bill in the House or Senate, although there are certain exceptions, such as procedural moves or proposing a constitutional amendment, which require a two-thirds majority.
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The Texas Constitution is one of 11 state constitutions with no mechanism for a constitutional convention
The Texas Constitution is the second-longest state constitution in the United States. It has been amended 528 times since its adoption in 1876, making it the third-most amended state constitution. Texas has held five state constitutional conventions, the last of which was in 1875.
The Texas Constitution is one of 11 state constitutions with no clear mechanism for calling a constitutional convention. Instead, it outlines a single method for amending the Constitution, which is via the Legislature and subject to voter approval. This process is known as a legislatively referred constitutional amendment. A two-thirds (66.67%) vote is required during a legislative session for the Texas State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate. The voters then decide on the amendment with a simple majority vote (50% plus 1).
The Texas Constitution's Article 1, entitled the "Bill of Rights," has been amended five times since 1876 and now consists of 34 sections. Most provisions in this article concern specific limitations on the power of the state government and certain rights granted to citizens that cannot be ignored. Additionally, Article 2 provides for the separation of powers of the legislative, executive, and judicial branches of the state government.
The Texas Constitution also includes miscellaneous provisions such as limits on interest rates, civil penalties for murder, and prohibitions on garnishment of wages. It recognises counties as legal political subunits of the state and grants certain powers to cities and counties. It also mandates the establishment of an efficient system of public free schools and the creation of universities, such as The University of Texas and Texas A&M University.
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Texas does not have a constitutional provision related to right-to-work
Texas is an at-will employment state, meaning that employers or employees can end employment at any time. Texas right-to-work laws are in Texas Labor Code §101.003, et seq. These laws prohibit denying employment or any contract requiring union membership or non-membership. Texas Labor Code specifically bans denying employment based on membership or non-membership in a union. This means an employer can't force an employee to join a union. Union members' rights vary from state to state and union to union. The Texas Labor Code prohibits a union or any organization from requiring collective bargaining.
The National Labor Relations Act, generally known as the Wagner Act, was passed in 1935 as part of President Franklin D. Roosevelt's "Second New Deal". The act provided that a company could lawfully agree to be a closed shop, union shop, or agency shop. A closed shop requires employees to be members of a union as a condition of employment. A union shop allows for the hiring of non-union employees, provided that the employees then join the union within a certain period. An agency shop requires employees to pay the cost of union representation without formally joining.
The 1947 federal Taft-Hartley Act governing private sector employment prohibits the "closed shop" but allows the union or agency shop. The Supreme Court has clearly held that the application of a right-to-work law is determined by the employee's "predominant job situs". This means that players on professional sports teams in states with right-to-work laws cannot be required to pay any portion of union dues as a condition of continued employment.
The Texas Constitution is the state constitution of Texas. The current Texas Constitution was adopted in 1876 and has been amended 528 times. The Texas Constitution provides one mechanism for amending the state's constitution—legislatively referred constitutional amendments. Texas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
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Frequently asked questions
The Texas Constitution has been amended 528 times since 1876.
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. A simple majority (50% plus 1) of voters is required to approve constitutional amendments. A two-thirds (66.67%) vote is needed during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot.
The Texas Constitution includes specific topics such as local government, taxes, and private property rights. It consists of 17 articles, including the Bill of Rights and Power of Government.
No, Texas does not have a constitutional provision related to right-to-work laws, for example.
