Eleanor Finch
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 Texas Constitution can be amended with a legislatively referred constitutional amendment, requiring a simple majority vote (50% plus 1) for voter approval. The Texas Legislature first passes a joint resolution proposing the constitutional amendment, which must be approved by a two-thirds majority vote in both the Texas House and Senate. The amendment then goes to a special election, where a majority of Texas voters must approve it.
| Characteristics | Values |
|---|---|
| Mechanism for amending the constitution | Legislatively referred constitutional amendments |
| Voter approval required | Yes |
| Governor's signature required | No |
| Minimum votes required in the Texas House of Representatives | 100 |
| Minimum votes required in the Texas State Senate | 21 |
| Minimum voter approval required | 50% plus 1 |
| Frequency of constitutional amendment elections | Odd-numbered years |
| Who conducts the random drawing to determine the order of propositions on the ballot? | Texas secretary of state |
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What You'll Learn
The two-step process
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 can be amended with a two-step process:
Step 1: The Texas Legislature passes a joint resolution proposing the constitutional amendment
Any member in either chamber of the Texas Legislature may introduce 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 amendment may add to, remove from, or modify the text of the constitution.
Step 2: Texas voters approve the amendment in a special election
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. 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, normally take place in odd-numbered years after regular sessions of the legislature. The secretary of state is required to widely publicise proposed amendments, including a brief explanatory statement of the nature of the proposed amendment.
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Legislative resolution
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 can be amended with a legislatively referred constitutional amendment, which requires voter approval.
Any member in either chamber of the Texas Legislature may introduce a joint resolution proposing a constitutional amendment. The Texas Legislature first passes a joint resolution proposing the constitutional amendment. A joint resolution is a type of legislation that requires a simple majority vote in both the Texas Senate and House of Representatives to be passed. It is different from a regular bill because it does not need the governor's signature to become law. Instead, it is filed directly with the secretary of state. Two-thirds of the members must then approve the joint resolution (at least 100 members of the Texas House and 21 members of the Texas Senate) for it to be placed on the ballot.
Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. On the ballot, voters are presented with one or more "propositions" (the proposed amendments) and given the choice to vote for or against each one. 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.
The election is then held in accordance with procedures prescribed by the Legislature, in essentially the same manner as other kinds of elections. 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 cast were in favour of an amendment, it shall become part of the Constitution, and the governor must issue a proclamation to that effect.
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Voter approval
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 can be amended with a legislatively referred constitutional amendment, which requires voter approval. The Texas Legislature first passes a joint resolution proposing the constitutional amendment. A majority of Texas voters then approve the amendment in a special election. Any member in either chamber of the Texas Legislature may introduce 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 amendment may add to, remove from, or modify the text of the constitution.
Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. On the ballot, voters are presented with one or more "propositions" (the proposed amendments) and given the choice to vote for or against each one. Ahead of the election, the secretary of state is required to widely publicise proposed amendments, including a brief explanatory statement of the nature of the proposed amendment, the date of the election, and the wording of the proposition. 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.
Texas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. For example, voters approved 13 of the 14 amendments on the ballot in 2023. In 2017, Proposition 2 was passed, loosening restrictions on Texans borrowing against the equity of their homes.
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Ballot propositions
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 Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval.
The Texas Legislature first passes a joint resolution proposing the constitutional amendment. A majority of Texas voters then approve the amendment in a special election. Any member in either chamber of the Texas Legislature may introduce 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 Texas Senate) must then approve the joint resolution for it to be placed on the ballot. The amendment may add to, remove from, or modify the text of the constitution. Proposed amendments are styled SJR 1, HJR 1, and so forth, short for House Joint Resolution or Senate Joint Resolution.
Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. 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. On the ballot, voters are presented with one or more "propositions" — the proposed amendments — and given the choice to vote for or against each one. Ahead of the election, the secretary of state is required to widely publicise proposed amendments, including the publication of "a brief explanatory statement of the nature of a proposed amendment, together with the date of the election and the wording of the proposition as it is to appear on the ballot".
Some examples of ballot propositions in Texas include:
- Proposition 2, which would have loosened restrictions on Texans borrowing against the equity of their homes. If passed, this amendment would also have allowed farmers and ranchers to get home equity loans against agricultural farms, as opposed to just dairy farmers.
- Proposition 3, which would have limited how long governor appointees can serve in their posts; they would only be allowed to serve until the end of the next legislative session.
- Proposition 4, which would have amended the constitution to require judges to notify the Texas attorney general’s office when the constitutionality of a state law is challenged, and require them to rule on the constitutionality of the law within 45 days.
- Proposition 5, which allowed professional sports teams to have charitable raffles.
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Amendments without governor's signature
In Texas, the process of amending the state constitution is outlined in the document itself, and there are a few methods by which amendments can be proposed and enacted. One of these methods allows for amendments to be made without the direct involvement or signature of the governor. Here's an overview of this process:
Proposing Amendments: The Texas Constitution can be amended through a vote of the state legislature, with a simple majority in both houses being sufficient to propose an amendment. This is the most common method by which amendments are initiated. The proposed amendment must then be published in newspapers across the state before it can proceed further.
Amendment Referendum: Following the proposal by the legislature, the amendment is put to a statewide vote in the form of a referendum. All registered voters in Texas are given the opportunity to cast their ballots for or against the proposed change to the constitution. For an amendment to succeed without the governor's signature, it must gain the approval of a majority of voters who participate in the referendum.
Approval by Voters: The referendum process empowers the people of Texas to have a direct say in amending their constitution. If a majority of voters support the amendment, it is considered approved and will become a part of the state's governing document. This can occur even if the governor does not sign off on the amendment or take a position on it.
Effective Date of Amendments: Typically, amendments that are adopted through this process take effect on the first day of the next legislative session after their adoption, unless a different date is specified within the text of the amendment itself. This provides a clear timeline for when any new constitutional provisions will become active and enforceable.
It's worth noting that not all states allow for amendments to their constitutions without some level of executive branch involvement. Texas is unique in this regard, providing a more direct pathway for legislative proposals to become part of the constitution with the approval of the state's voters. This process underscores the importance Texans place on their ability to shape the framework of their state government through popular vote.
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Frequently asked questions
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. The Texas Legislature first passes a joint resolution proposing the constitutional amendment. A majority of Texas voters then approve the amendment in a special election.
Texas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years. 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.
The Texas secretary of state is required to widely publicize proposed amendments ahead of the election, including a brief explanatory statement of the nature of the proposed amendment. After the election, the returning officer in each county shall make returns to the secretary of state of the number of legal votes cast for and against each amendment. If a majority of the votes are in favor, the amendment becomes part of the constitution, and a proclamation is made by the governor.
