Malcolm Rivera
The Texas Constitution is the foundational governing document of the State of Texas, second only to the U.S. Constitution. The current Texas Constitution, adopted in 1876, is the seventh in the state's history. It contains provisions that are uniquely Texan, influenced by the state's history, including Spanish and Mexican rule. The Texas Constitution covers a wide range of topics, from local government and taxes to private property rights, land titles, debtor relief, judicial procedures, marital relations, and education. It explicitly abolished slavery and guaranteed civil rights to all citizens. With 498 amendments as of 2019, it is one of the most amended state constitutions in the U.S.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Position in Texas history | Sixth constitution since independence from Mexico in 1836 |
| Position in US history | Seventh-longest state constitution |
| Length | Second-longest state constitution in the US |
| Amendments | Amended 498 times as of 2019 |
| Topics covered | Local government, taxes, private property rights, land titles, land law, debtor relief, judicial procedures, marital relations, adoption, water and mineral rights, education, abolition of slavery, civil rights, voting rights, power of government officials |
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What You'll Learn
The right to education
The Texas Constitution, Article 7, makes access to public education a right for all Texas children, including those with disabilities. The constitution states that:
> "A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools."
This means that the Texas Constitution recognises the importance of knowledge and education in maintaining the rights and liberties of citizens, and as such, it is the responsibility of the state legislature to establish and maintain a system of free public schools.
Furthermore, the constitution outlines specific provisions regarding the funding and administration of education. Article 7, Section 6b, for example, addresses the reduction and distribution of county permanent school funds to support independent and common school districts. The Texas Constitution also includes provisions for taxation to support education, with Article 7, Section 16, stating that land belonging to the University of Texas shall be subject to taxation for county purposes.
Additionally, the constitution addresses the role of the State Board of Education in managing the assets of the permanent school fund and making investments to support education. The legislature is also tasked with fixing the terms of offices of educational officers and supporting agencies and institutions of higher education.
While the Texas Constitution guarantees the right to public education, it is important to note that it does not include any mention of taxpayers funding private or religious school tuition. This distinction between public and private education funding has been a subject of debate and discussion in the state.
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Protection of civil liberties
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. It is the second-longest state constitution in the United States and is also the third-most amended state constitution.
The Texas Constitution contains provisions that are unique to the state, influenced by its history, and the immigrant population before the Civil War. One of the key focuses of the Texas Constitution is the protection of civil liberties.
The Constitution of 1876 began with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It asserted that all free men are equal under the law and protected the right to habeas corpus. The Constitution also explicitly abolished slavery and guaranteed civil rights to all citizens, in line with the Reconstruction Acts passed by Congress. It stripped voting rights from former Confederate officers and limited the powers of the governor, addressing the perceived abuses of the previous 1869 Constitution.
The Texas Constitution also includes specific provisions that protect civil liberties, such as the protection of wages from garnishment, except for spousal maintenance and child support payments. It provides for the protection of homestead against forced sale to pay debts, except for certain exemptions like mortgages and taxes. The Constitution also addresses education, requiring the establishment of an efficient system of public-free schools and providing for the creation of universities, including the University of Texas and Texas A&M University.
The Texas Constitution has been amended numerous times to keep up with societal changes and ensure the protection of civil liberties. As of 2019, the current constitution has been amended 498 times.
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Land titles and land law
The Texas Constitution of 1876 contains several provisions related to land titles and land law, which are outlined in Articles XIII and XIV.
Article XIII, Section 1, addresses fines, penalties, forfeitures, and escheats that have accrued to the State of Texas under its constitutions and laws. It states that these shall accrue to the State under the new Constitution, and the Legislature is tasked with determining the method for identifying forfeited lands and enforcing escheats. This section also includes protections for innocent holders of junior titles.
Section 2 of Article XIII deals with claims of title or right to land in Texas issued before November 13, 1835. It stipulates that any such claim not duly recorded in the relevant county, archived in the General Land Office, or in the actual possession of the grantee or their claimant prior to the accrual of junior title shall have no standing or effect against that junior title. It also emphasizes that any conditions attached to such grants must be fulfilled and that actual performance of these conditions must be proven to maintain any action on the title or claim of right.
Section 3 of Article XIII addresses non-payment of taxes on claims of title to land dated before November 18, 1835. It states that non-payment is presumed to indicate a reversion of rights to the state, and the claim becomes a state demand. This presumption can only be rebutted by paying all applicable taxes, as assessed by the comptroller.
Article XIV, Section 1, establishes the General Land Office as the central location for registering all land titles emanating from the State, except those prohibited by the Constitution. It also mandates that the Legislature work towards making the Land Office self-sustaining and authorizes the establishment of subordinate offices as necessary. Section 2 revives certain unsatisfied genuine land certificates that were barred under the constitution of 1869 due to holders failing to have them surveyed and returned by a specified date.
Section 3 of Article XIV addresses the surveying and return of genuine land certificates to the General Land Office. It sets a deadline of five years after the adoption of the Constitution for existing certificates to be surveyed and returned, after which they will be barred. It also specifies that all future genuine land certificates must be surveyed and returned within five years of issuance. Additionally, it stipulates that these certificates can only be located, surveyed, or patented on vacant and unappropriated public domain land, not on land with existing titles or equitable ownership.
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Judicial procedures
The Texas Constitution of 1876 is the foundational governing document of the State of Texas, second only to the U.S. Constitution. It is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. The Texas Constitution contains some provisions that are uniquely Texan, influenced by the state's history, including sections on judicial procedures.
The Texas Constitution of 1876 was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. This constitution aimed to restrict the state government's power and prevent officials from exploiting vague language to usurp local governance. It substantially reduced the governor's powers and included detailed provisions on various issues, including judicial procedures.
The Constitution of 1876 began with a lengthy bill of rights, declaring Texas as a free and independent state, subject only to the Constitution of the United States. It asserted that all free men are entitled to equal rights and protected the right of habeas corpus. While the primary focus of this response is on judicial procedures, it is worth noting that the constitution also addressed other issues, such as land titles, land law, debtor relief, marital relations, adoption, and mineral rights.
The judicial procedures outlined in the Texas Constitution of 1876 included provisions for the protection of certain rights and the establishment of specific rules in legal matters. For example, Section 28 prohibits the garnishment of wages, except for spousal maintenance and child support payments. It is important to note that this does not restrict federal garnishment for items like student loan payments or income taxes. Additionally, Section 50 protects a person's homestead from forced sale to pay off debts, except in specific cases related to the homestead, such as mortgages, taxes, or home equity loans.
The Texas Constitution's detailed approach to judicial procedures and other topics reflected the state's unique history and the desire to protect specific rights and ensure a responsive government. The constitution's high level of detail also meant that it would need to be amended over time to remain relevant and adaptable to societal changes.
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Local government
The Texas Constitution of 1876 is the current foundation of Texas's government and the second-longest state constitution in the United States. It replaced the unpopular Constitution of 1869, which had centralised power in the state government and was drafted under the supervision of the U.S. military during Congressional Reconstruction. The Constitution of 1876 reflects a deeply rooted mistrust of government power and outlines specific, fundamental limitations on the power of the state government.
Article 1 of the Texas Constitution serves as its bill of rights, with several provisions unique to Texas. The Texas Bill of Rights includes protections that apply solely to actions by the Texas government, such as the right of habeas corpus. The constitution also includes provisions that restrict the ability of the legislature and local governments to impose taxes, particularly concerning local property taxes.
The Texas Constitution of 1876 has been amended numerous times to address its cumbersomeness and frequent need for amendment. By 1980, voters had approved 235 proposals, including amendments to relieve the governor's office of some responsibilities, revamp suffrage requirements, and lengthen the terms of office for many state and local officials.
The constitution also addresses local control of schools, providing for the establishment of the University of Texas and Texas A&M University, and requiring the legislature to establish an institution of higher education for the instruction of Black youth.
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Frequently asked questions
The Texas Constitution is the foundational governing document of the State of Texas, second only to the U.S. Constitution. It is one of the largest state constitutions in the U.S. and contains provisions that are uniquely Texan, influenced by the state's history.
The Texas Constitution explicitly abolished slavery and guaranteed civil rights to all citizens. It also includes sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, water and mineral rights, and homestead protection against forced sale to pay debts. It establishes the University of Texas and Texas A&M University, and sets out the rights, powers, and prerogatives of governmental departments.
The Texas Constitution is the third-most amended state constitution in the U.S., having been amended 498 times as of 2019. Amendments are proposed as joint resolutions in the Texas Legislature and then put to a vote for approval.
The 1876 Texas Constitution was a response to the perceived abuses of the 1869 Constitution. It restricted the governor's powers and included detailed provisions to prevent state officials from exploiting vague language to usurp local governance. This constitution remains the basic organic law of Texas.
