Simone Lawson
The Texas Constitution is one of the longest in the nation and is still a work in progress. As of 2024, the Texas Legislature has proposed 714 amendments, of which 530 have been adopted, 181 defeated, and three never made it to the ballot. In 2023, Texans voted on 14 proposed amendments, including propositions to protect the right to farm, ranch, and garden on leased or owned land, and to increase the mandatory retirement age for state judges. Texans also voted on propositions to prohibit the legislature from imposing inheritance taxes and to provide temporary tax exemptions for homesteads destroyed by fire. In 2025, voters considered amendments to uphold property rights by exempting taxes on homes that no longer exist and to create a state-run medical research institute.
| Characteristics | Values |
|---|---|
| Number of amendments proposed as of 2024 | 714 |
| Number of amendments adopted as of 2024 | 530 |
| Number of amendments defeated by Texas voters as of 2024 | 181 |
| Number of amendments that never made it to the ballot as of 2024 | 3 |
| Number of amendments on the ballot in 2023 | 14 |
| Number of sections in the original constitution | 29 |
| Number of sections added since the original constitution | 5 |
| Number of sections outlining specific, fundamental limitations on the power of the state government | >5 |
| Number of ballot propositions in 2023 related to taxation | 8 |
| Number of ballot propositions in 2025 | 5 |
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What You'll Learn
Tax exemptions for childcare facilities
The Texas Constitution is one of the longest in the nation and continues to grow. As of 2024, the Texas Legislature has proposed 714 amendments, 530 of which have been adopted, and 181 defeated by Texas voters.
One such amendment is the Texas Proposition 2, which came into effect on January 1, 2024. This amendment seeks to address the issue of inadequate childcare in Texas, which, according to the U.S. Chamber of Commerce Foundation, costs the state's economy over $9 billion annually. The amendment allows for a property tax exemption for childcare facilities, with the aim of reducing the cost of childcare and making it more accessible for working parents, particularly those from low- to moderate-income households.
The amendment adds a Section 1-r to Article 8 of the Texas Constitution, which states: "The governing body of a county or municipality may exempt from ad valorem taxation all or part of the appraised value of real property used to operate a child-care facility." The law also requires landlords of properties leased to childcare operators to include an affidavit with their exemption application, certifying that they have informed the operator of the tax exemption amount and that rent will be decreased proportionally.
While this amendment provides a much-needed lifeline for childcare providers struggling with financial woes, particularly in the wake of the pandemic, it is important to note that only a fraction of providers in the state currently qualify for the exemption. For example, a provider in Fort Bend County, whose tax bill for a single facility was $50,000 last year, won't be able to take advantage of the exemption this year as he hasn't hit the 20% subsidy enrollment threshold required by law.
Despite this, supporters of the amendment argue that it will encourage the expansion of childcare centers and potentially lower costs for parents, allowing them to remain in the workforce and contribute to the economy.
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Right to farm, ranch and garden
Texas Proposition 1, also known as the Right to Farming, Ranching, Timber Production, Horticulture, and Wildlife Management Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023. The proposition was approved and added a new section to Article I of the state constitution, establishing a right to farming, ranching, timber production, horticulture, and wildlife management on owned or leased personal property.
The amendment was designed to protect the rights of landowners to engage in certain generally accepted agricultural practices on their property. This includes practices such as the raising and keeping of livestock, the production of hay, and the cultivation of certain row crops. It also sought to address the overregulation by municipal ordinances that prohibited or restricted these normal practices of agricultural operations within municipal boundaries.
The amendment states that the right does not prevent the state legislature from passing laws to regulate these practices to protect public health and safety, prevent danger to animals or crops, or preserve the state's natural resources. It also does not prevent the state from acquiring property for public use, including the development of natural resources.
Supporters of the amendment argued that it would protect the future of Texas family farms and ranches and ensure food security in the state. They also believed that it would raise the bar for state and local regulation, requiring municipalities to provide evidence that a regulation is necessary to protect public health from imminent danger.
However, opponents of the amendment raised concerns about the potential impact on urban growth and wildlife protection. They argued that adding a constitutional amendment on top of the existing Right to Farm statute was unnecessary and gave an unprecedented level of protection to agricultural businesses, making it harder to address disputes or threats to public health.
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Raising the retirement age for judges
The Texas Constitution, one of the longest in the nation, has seen 517 amendments since 1876. One of the proposed amendments in recent times has been Proposition 13, which seeks to raise the retirement age for state judges. The amendment was defeated in the ballot in 2023.
The current mandatory retirement age for state judges in Texas is 75. Proposition 13 aimed to increase this age to 79. The minimum retirement age would also be increased from 70 to 75. The amendment would have allowed judges to serve longer terms. For instance, former 19th State District Court Judge Ralph Strother had to retire at 77, with two years left in his six-year term. He could have served his full term if the amendment had been in place then.
Proponents of the amendment argue that judges should be allowed to hold office for longer because people are living longer and are healthier and more capable than before. They also argue that the amendment would allow courts to benefit from the wisdom and experience of long-tenured judges.
However, critics of the amendment say that the current retirement age already allows judges to serve for a sufficient period. They also argue that increasing the retirement age could negatively affect public trust in the judicial system by introducing questions about the competency of older judges. Additionally, they say that there are many competent younger attorneys available to fill the positions of retiring judges.
To put a legislatively referred constitutional amendment like Proposition 13 before voters, a two-thirds (66.67%) vote is required in both the Texas State Senate and the Texas House of Representatives.
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Prohibiting death/estate taxes
Texas is one of the states in the US that does not impose an estate tax, inheritance tax, or state-level gift tax. This means that, regardless of the size of your estate, you won't owe any estate taxes to the state of Texas. However, Texans may still be subject to federal estate tax laws.
The estate tax, sometimes referred to as the "death tax", is a tax levied on the estate of a recently deceased person before the money passes on to their heirs. It is imposed around the time of a person's death and is one of the two major taxes referred to as a "death tax". The other is the inheritance tax, which is paid by the beneficiaries on what they inherit.
In the US, the federal government assesses the total value of all a deceased person's assets and claims a certain percentage of the total assets. The estate tax only applies to estates that reach a certain threshold. Most Americans will never have to pay estate tax because the federal government exempts all estates worth less than approximately $12 million from its estate tax. However, any ""taxable estate" value over $12 million will be taxed at a rate of 40%. For deaths in 2025, the federal exemption is $13.99 million, and $13.61 million in 2024.
Although Texas does not impose an estate tax, it is important to note that Texans may still need to pay federal estate taxes. To determine estate tax liability, one must calculate the value of their gross estate, which is the total value of everything owned at the time of death. After calculating the gross total, certain transactions are subtracted to arrive at the value of the net estate for estate tax purposes. Once the net estate value is calculated, the estate tax exemption amount is subtracted from that value to arrive at the taxable estate.
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Funding for medical research
The Texas Constitution has several amendments that are related to funding for medical research. Here are some key examples:
Proposition 5
Proposition 5 aims to boost the profiles of non-flagship universities in Texas by creating a $3.9 billion endowment for Texas Tech University, Texas State University, the University of North Texas, and the University of Houston. This endowment would fund faculty, research, and graduate studies, with the initial funding of $3.5 billion coming from the state's budget surplus.
Proposition 10
Proposition 10 proposes providing tax breaks to biomedical companies by exempting the value of their medical supplies and manufacturing equipment from property taxes. This amendment seeks to support the Texas healthcare network and strengthen the state's medical supply chain.
The Texas Water Fund
The Texas Water Fund, or Proposition 6, aims to finance water projects across the state. While not directly related to medical research, it showcases the state's commitment to investing in critical infrastructure. The fund would receive up to $1 billion per year in sales tax revenue until 2035, unless extended.
The Dementia Prevention and Research Institute of Texas
This amendment proposes establishing a dedicated research institute and fund for dementia, Alzheimer's, Parkinson's, and related disorders. It would allocate $3 billion from state general revenue, with an additional $300 million annually, to support research and infrastructure outside the state's regular spending cap.
Texas State Technical College System
An amendment was proposed to create two dedicated state funds for the Texas State Technical College System (TSTC). These funds, totaling $850 million, would support infrastructure, land acquisition, and equipment needs, operating outside the standard state budget and legislative oversight.
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Frequently asked questions
As of 2024, the Texas Legislature has proposed 714 amendments, of which 530 have been adopted, 181 have been defeated, and 3 never made it to the ballot.
Here are some examples of amendments that have been proposed to the Texas Constitution:
- Prohibiting the imposition of an individual wealth or net worth tax.
- Protecting the right to engage in farming, ranching, and horticulture.
- Increasing the mandatory retirement age for state justices and judges.
- Creating a state-run medical research institute for neurodegenerative diseases.
- Providing a temporary exemption from ad valorem taxation for homesteads destroyed by fire.
Amendments to the Texas Constitution can only be made via the Legislature, subject to voter approval. This process is prescribed by Article 17 of the Constitution, which outlines specific details for notifying the public of elections to approve amendments.
