Eleanor Finch
The current Texas Constitution, also known as the Constitution of 1876, is the seventh in the state's history and outlines the structure and function of the Texas government, as well as the basic rights of its citizens. Since its adoption, the constitution has been amended numerous times, with efforts to revise or replace it entirely due to its unwieldiness. The document is organized by articles, with the first article establishing a bill of rights, and subsequent articles establishing the three branches of government: legislative, executive, and judicial. The constitution also includes provisions related to public education, taxation, counties, railroads, and municipal corporations, reflecting the state's unique history and influences.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Previous Constitutions | 6 |
| Number of amendments | 498 (as of 2019) |
| Length | More than 63,000 words |
| Structure | Organized by articles |
| Purpose | Establishes the structure and function of the Texas government |
| Bill of Rights | Article 1 |
| Branches of Government | Legislative, Executive, and Judicial |
| Government Responsiveness | Rights, powers, and prerogatives of various governmental departments and agencies are defined |
| Education | Article 7 |
| Taxation and Revenue | Article 8 |
| Counties | Article 9 |
| Railroads | Article 10 |
| Municipal Corporations | Article 11 |
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What You'll Learn
The structure and function of the Texas government
The current Texas Constitution, which came into effect on February 15, 1876, is the seventh in the state's history. It establishes the structure and function of the Texas government and outlines the basic rights of its citizens. The constitution is organised by articles, with the first article setting out a bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It also affirms that all free men have equal rights and that the writ of habeas corpus cannot be suspended or unduly delayed.
Article 2 of the Texas Constitution is labelled as the "Power of Government" and provides for the separation of powers between the legislative, executive, and judicial branches. Article 3, the "Legislative Department," vests the legislative power in the Legislature of the State of Texas, which consists of the Texas Senate and House of Representatives. Article 4, the "Executive Department", describes the powers and duties of the state's executive officials. These officials, with the exception of the Secretary of State, are directly elected by the people in what is known as a ""plural executive" system.
Article 5, the "Judicial Department", outlines the composition, powers, and jurisdiction of the Texas courts. Article 7, "Education," establishes provisions for public schools, asylums, and universities, including the creation of the Permanent University Fund and the establishment of the University of Texas and Texas A&M University. Article 8, "Taxation and Revenue," places restrictions on the ability of the Legislature and local governments to impose taxes, particularly on local property taxes.
The Texas Constitution has been amended numerous times since its adoption, with the legislature proposing amendments and Texas voters deciding on their approval. As of 2019, the constitution has been amended 498 times, addressing various topics and adapting to the changing needs of the state.
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The basic rights of Texas citizens
The Texas Constitution establishes the structure and function of the government of the U.S. state of Texas and outlines the basic rights of its citizens. The current Texas Constitution, adopted on February 15, 1876, is the seventh in the state's history. It is one of the longest and most verbose state constitutions in the United States, resembling a detailed legal code more than a constitution.
The Texas Constitution has three branches of government: legislative, executive, and judicial. The legislative branch is vested in the Legislature of the State of Texas, consisting of the Texas Senate and the Texas House of Representatives. The executive branch is headed by the Governor and includes other officials such as the Lieutenant Governor, Secretary of State, and Attorney General. The judicial branch is comprised of the Texas Supreme Court, the Court of Criminal Appeals, and other lower courts.
- The right to an efficient system of public free schools: The constitution mandates the establishment and maintenance of public schools, as well as the creation of universities, such as the University of Texas and Texas A&M University.
- Property rights: The constitution protects property owners' rights and includes provisions related to land titles and land law.
- Taxation limitations: The constitution restricts the ability of the Legislature and local governments to impose certain taxes, particularly local property taxes. Texas also does not have a personal income tax.
- Independent state: The constitution declares Texas as a free and independent state, subject only to the Constitution of the United States.
- Equal rights: It affirms that all free men have equal rights and protects these rights through provisions on debtor relief, judicial procedures, and marital relations.
- Right to a swift trial: The writ of habeas corpus cannot be suspended or unduly delayed, ensuring citizens' right to a timely trial.
The Texas Constitution has been amended numerous times since its adoption, with the legislature proposing amendments and Texas voters deciding on their approval. These amendments have addressed various topics, including education, taxation, governance, and the establishment of specific funds, such as the "Rainy Day Fund." Despite calls for a new constitution, Texans have retained the 1876 version, making it one of the longest-serving constitutions in the state's history.
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The three branches of government
The Texas Constitution establishes the structure and function of the Texas government. It is one of the most verbose state constitutions, with more than 63,000 words. The document is organised by articles, with the first article setting out a bill of rights. The subsequent articles establish the three branches of government: the legislative, executive, and judicial.
Legislative Branch
Article 3 of the Texas Constitution, labelled "Legislative Department", vests the legislative power of the state in the Legislature of the State of Texas. It establishes that the legislature consists of the Texas Senate and Texas House of Representatives.
Executive Branch
Article 4, entitled "Executive Department", describes the powers and duties of the state's executive officials, including the Governor, Lieutenant Governor, Secretary of State, Comptroller, Commissioner of the General Land Office, and Attorney General. With the exception of the Secretary of State, these officials are directly elected in a "plural executive" system.
Judicial Branch
Article 5, labelled "Judicial Department", describes the composition, powers, and jurisdiction of the Texas Supreme Court, the Court of Criminal Appeals, the Court of Appeals, and other courts. Changes to this article have been significant, resulting in an almost complete rewrite.
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The powers and duties of the Governor
The Texas Constitution establishes the structure and function of the government of Texas and outlines the basic rights of its citizens. The current constitution, adopted on February 15, 1876, is the seventh in the state's history.
The Governor of Texas is directly elected by registered voters in the state and serves a term of four years, with no term limits. The Governor's powers and duties include:
- Ensuring the enforcement of state laws
- Approving or vetoing bills passed by the Texas Legislature
- Serving as commander-in-chief of the state's military forces
- Convening special sessions of the Legislature for specific purposes
- Delivering a report on the condition of the state to the Legislature at the beginning of each regular session
- Proposing and overseeing the state budget
- Making key appointments to state offices, including the Secretary of State, and members of boards and commissions that oversee the heads of state agencies and departments
- Appointing Texans to a wide range of advisory bodies and task forces that assist with specific issues
- Granting reprieves, commutations of punishment, and pardons upon the recommendation of the Board of Pardons and Paroles, and revoking conditional pardons
- Issuing executive orders
- Estimating the amounts of money required to be raised by taxation
- Accounting for all public monies received and paid out
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Provisions for public schools
The Texas Constitution, Article 7, makes access to public education for all Texas children, including those with disabilities, a right. It is the duty of the Legislature of the State to establish and make suitable provisions for the support and maintenance of an efficient system of public free schools. This includes the duty to provide for the gratuitous instruction of all inhabitants of the State between the ages of six and eighteen years.
The Constitution also establishes a Superintendent of Public Instruction, who is responsible for the supervision of the Public Free Schools and performs duties concerning public instruction as directed by the Legislature. The Superintendent is elected by the people, holds office for a term of four years, and receives an annual salary.
To fund the public school system, the Constitution outlines the creation of a Public School Fund. This fund is composed of various sources, including:
- All funds, lands, and other property appropriated for the support and maintenance of Public Schools
- Sums of money from the sale of any portion of the public domain of the State of Texas
- One-fourth of the annual revenue derived from general taxation
- An annual poll tax of one dollar on all male persons between the ages of twenty-one and sixty years
The Constitution further states that the proceeds from the sale of lands mentioned in Article 7 shall be held in trust for the benefit of public schools and invested in specific types of bonds or other securities. The interest and revenue generated from these investments are to be available for the support of public schools.
Despite the constitutional provisions, there have been criticisms of the Texas Legislature for not adequately prioritising public education and failing to provide sufficient funding for the public school system. There are calls for increased funding to meet the needs of Texas children and ensure a high-quality education for all.
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Frequently asked questions
The current Texas Constitution, also known as the Constitution of 1876, is the seventh constitution in Texas history. It was adopted on February 15, 1876, and has been amended 498 times as of 2019.
Article 7 of the Texas Constitution, labelled "Education", establishes provisions for public schools, asylums, and universities. It also discusses the creation and maintenance of the Permanent University Fund and mandates the establishment of a "university of the first class" (the University of Texas) and an agricultural and mechanical university (Texas A&M University).
The Texas Constitution of 1876 contains some provisions that are uniquely Texan, influenced by the state's history, Spanish influence, and Mexican influence. These include sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
