Jonah Patel
The Texas Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Texas became the 28th state on December 29, 1845, and has since held five state constitutional conventions. The Texas Constitution can be amended with a legislatively referred constitutional amendment, requiring a simple majority vote of 50% plus one for voter approval. This process allows Texans to shape the state's laws and governance, including unique provisions such as the recognition of the writ of habeas corpus as an unqualified right and the prohibition of religious tests for public officeholders.
| Characteristics | Values |
|---|---|
| Amending the Constitution | Requires a simple majority vote (50% +1) for voters to approve constitutional amendments |
| A two-thirds (66.67%) vote is required during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot | |
| Texas is one of 11 state constitutions with no mechanism or lack of clarity in the process for calling a constitutional convention | |
| State debts | Limits the power of the Legislature to incur debt for specific purposes stated in the Constitution |
| Requires several amendments to be added and voted upon by the people to allow the Legislature to incur debt for a purpose not stated | |
| Requires the Texas Comptroller of Public Accounts to certify the amount of available cash on hand and anticipated revenues for the next biennium | |
| Income tax | Requires a 2/3 majority of the legislature to vote to repeal the ban |
| Religious tests for public officeholders | Requires officeholders to "acknowledge the existence of a Supreme Being" |
| Individuals detained before trial | Are eligible for bail by sufficient sureties, with exceptions for capital offenses and other limited circumstances defined by law |
| Separation of powers | Provides for the separation of powers of the legislative, executive, and judicial branches of the state government, prohibiting each branch from exercising any power assigned to the others |
| Habeas Corpus | Recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances |
| Rights | Individuals shall not be compelled to give evidence against themselves and shall have the right to be heard by counsel |
| Individuals shall be confronted by witnesses against them and shall have compulsory process for obtaining witnesses in their favor | |
| No person shall be held to answer for a criminal offense unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment | |
| Individuals have the right to worship according to the dictates of their conscience and shall not be compelled to attend, erect, or support any place of worship, or to maintain any ministry against their consent |
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What You'll Learn
Texas is a free and independent state
The Texas Constitution is unique in that it provides specific protections and rights that are tailored to the state. For example, the Texas Bill of Rights, outlined in Article 1 of the Texas Constitution, includes provisions that are similar to those found in the U.S. Bill of Rights but are more detailed and specific to Texas. One notable example is Section 12, which recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances. This differs from the U.S. Constitution, which allows for suspension in certain cases of rebellion or invasion.
The Texas Constitution also includes provisions that address religious tests for public officeholders and freedom of worship. Section 4 prohibits religious tests for public officeholders but includes language requiring officeholders to "acknowledge the existence of a Supreme Being." Section 12 guarantees freedom of worship, stating that all individuals have the right to worship according to their own beliefs and cannot be compelled to attend or support any place of worship against their consent.
Additionally, the Texas Constitution addresses the power of the state government and the rights of citizens. Article 2 provides for the separation of powers between the legislative, executive, and judicial branches of the state government. Article 3, labelled "Legislative Department," outlines the rules and limitations for the state legislature. Amendments to the Texas Constitution require a two-thirds vote during a legislative session to be placed on the ballot and a simple majority vote (50% plus 1) for voter approval.
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Religious tests for public office
The Texas Constitution, which outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters, contains a provision prohibiting religious tests for public officeholders.
Section 4 of the Texas Constitution, titled "Religious Tests," states that "no religious test shall ever be required as a qualification to any office or public trust in this State." This means that a person's religious beliefs or lack thereof cannot be a factor in determining their eligibility to hold public office in Texas. The section also includes a provision that protects individuals from being excluded from holding office based on their religious sentiments, as long as they acknowledge the existence of a Supreme Being.
This provision is similar to the No Religious Test Clause in Article VI of the U.S. Constitution, which states that "no religious test shall ever be required as a qualification to any office or public trust under the United States." The Texas Constitution's Section 4 goes a step further by explicitly addressing both the requirement of religious tests and the exclusion from office based on religious sentiments.
While the Texas Constitution prohibits religious tests for public office, it is important to note that it includes a caveat requiring officeholders to "acknowledge the existence of a Supreme Being." This additional language may be legally vulnerable under federal precedent, as it could be seen as contradicting the spirit of religious neutrality in the No Religious Test Clause. A similar clause in South Carolina was struck down in Silverman v. Campbell.
The Texas Constitution, with its provisions on religious tests for public office, reflects the state's commitment to religious freedom and the separation of church and state. It ensures that individuals are not discriminated against based on their religious beliefs or lack thereof when seeking public office, while also recognizing the importance of a person's acknowledgment of a higher power.
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Separation of powers
The Texas Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Texas became the 28th state on December 29, 1845, and has since held five state constitutional conventions.
The Texas Constitution has been amended several times, and one mechanism for doing so is through legislatively referred constitutional amendments, which require voter approval. A simple majority vote (50% plus 1) is needed for voters to approve constitutional amendments. A two-thirds vote during a legislative session is required for the Texas State Legislature to place a constitutional amendment on the ballot.
The Texas Constitution includes provisions that outline specific limitations on the power of the state government. For example, Section 49 limits the power of the Legislature to incur debt to specific purposes stated in the Constitution. To allow the Legislature to incur debt for other purposes, numerous amendments have been added and voted on by the people.
Article 2 of the Texas Constitution provides for the separation of powers of the legislative, executive, and judicial branches of the state government, prohibiting each branch from exercising powers belonging to the others. This separation of powers is a fundamental principle of governance, intended to prevent the concentration of power in a single branch and to promote a system of checks and balances.
Additionally, the Texas Constitution includes a Bill of Rights, which consists of 34 sections that outline specific rights and limitations on state power. For example, Section 12 recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances. This differs from the U.S. Constitution, which allows for suspension in cases of rebellion or invasion.
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Limitations on state debt
The Texas Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government. Notably, the Texas Constitution contains specific limitations on the power of the state government, including limitations on state debt.
Article 1 of the Texas Constitution, known as the "Bill of Rights", consists of 34 sections, many of which outline fundamental limitations on the power of the state government. While the Texas Bill of Rights includes rights similar to those in the U.S. Bill of Rights, it is more detailed and contains provisions unique to Texas.
One of the key limitations on state debt in Texas is outlined in Section 49 of Article 1, which is the largest section within this article. Section 49, also known as "State Debts", includes 30 separate sub-sections and places restrictions on the Legislature's power to incur debt. According to this section, the Legislature can only incur debt for specific purposes stated in the Constitution. If the Legislature wishes to incur debt for a purpose not stated, amendments must be made and voted on by the people.
Additionally, Section 49a of Article 1 requires the Texas Comptroller of Public Accounts to certify the amount of available cash and anticipated revenues for the next biennium before the Legislature enters its regular session. This certification, known as the "Biennial Revenue Estimate", plays a crucial role in fiscal planning and debt management for the state.
The Texas Constitution also includes provisions related to taxation and revenue generation, which indirectly impact the state's debt obligations. For example, Texas has never had a personal income tax, and in 2019, the constitution was amended to ban any future income tax, requiring a 2/3 majority vote of the legislature to repeal the ban. This limitation on income tax affects the state's revenue streams and, consequently, its ability to manage debt.
Overall, the Texas Constitution imposes significant limitations on state debt, primarily through Section 49 of Article 1, which restricts the Legislature's ability to incur debt and requires transparency in fiscal planning. These limitations aim to ensure responsible fiscal management and maintain the balance of power between the state government and its citizens.
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Amending the constitution
The Texas Constitution, which outlines the state's framework for governance, can be amended through a legislatively referred constitutional amendment, requiring voter approval. This process is outlined in Article 17, "Mode of Amending the Constitution of This State".
To place a constitutional amendment on the ballot, a two-thirds (66.67%) vote is required during a legislative session. This amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate. Once on the ballot, a simple majority (50% plus 1) of voter approval is needed for the amendment to pass.
Texas has held five state constitutional conventions, with the first constitution in place from statehood in 1845 until 1861, when the second constitution was adopted. The third constitution was adopted in 1866. Since then, the constitution has been amended several times, with five additional sections added to the original 29 sections.
Some notable amendments include Section 32, added in 2005, which prohibited state recognition of same-sex marriage, and Section 4, which prohibits religious tests for public officeholders while requiring them to acknowledge a Supreme Being. Another important amendment is Section 12, which recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances.
The Texas Constitution also includes provisions related to state debts, the creation of counties, and the power of the state and local governments.
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Frequently asked questions
The Texas Constitution is a document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Texas became the 28th state on December 29, 1845, and has held five state constitutional conventions since.
The Texas Constitution consists of Articles, with Article 1 being the "Bill of Rights", which includes 34 sections. Article 2 is the "Power of Government" and provides for the separation of powers of the government. Article 3 is the "Legislative Department".
The Texas Constitution can be amended with a legislatively referred constitutional amendment, requiring voter approval. A two-thirds vote is needed for the Texas State Legislature to place a constitutional amendment on the ballot. Amendments do not require the governor's signature.
