Simone Lawson
The Texas Constitution of 1876 is one of the most restrictive state constitutions in the US. With over 63,000 words, it is highly detailed and resembles a legal code. It imposes strong limits on the state and local governments, including the separation of powers between the legislative, executive, and judicial branches. The constitution also contains provisions that outline specific limitations on the state government's power, such as those prohibiting banks and mandating a strict separation of church and state.
| Characteristics | Values |
|---|---|
| Spending limits | The state must spend within its available revenue and is not allowed to engage in deficit spending, except in emergencies such as war or suppressing insurrection. |
| Separation of powers | The constitution outlines the separation of powers between the legislative, executive, and judicial branches of the state government, prohibiting each branch from encroaching on the powers of the others. |
| Limitations on the legislature | Article 3 contains substantive limitations on the power of the legislature and a large number of exceptions to those limitations. |
| Limitations on the governor | The office of the governor is subject to limitations and is generally considered weaker than in other states. |
| Limitations on debt | Article III, Section 49 prohibits the legislature from incurring debt unless specific exceptions apply. |
| Bill of rights | Article 1 serves as a bill of rights, offering protections against actions by the Texas government, including the right to bear arms and freedom of speech and press. |
| Separation of church and state | The constitution requires a strict separation of church and state. |
| Public education | Article 7 governs the system of public education and allows for the creation of public school districts. |
| Taxation | Article 8 places restrictions on the ability of the legislature and local governments to impose taxes. |
| Hunting and fishing rights | Section 34 affirms the right of the people to hunt, fish, and harvest wildlife, subject to regulations for wildlife conservation. |
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What You'll Learn
Separation of powers
The Texas Constitution, with its over 63,000 words, is one of the most verbose state constitutions in the United States. It contains strong limits on the power of the state government, including provisions for the separation of powers.
Article 2 of the Texas Constitution provides for the separation of powers of the legislative, executive, and judicial branches of the state government. This article prohibits each branch from encroaching on the powers of the others. The legislative power of the state is vested in the "Legislature of the State of Texas", which consists of the state's Senate and House of Representatives. The article also lists the qualifications required of senators and representatives and regulates the legislative process.
The Texas Constitution also includes strong spending limits, reflecting a preference for fiscal restraint and limited growth of state government. Article III, Section 49 prohibits the Legislature from incurring debt unless specific exceptions apply, such as emergencies like repelling invasion, suppressing insurrection, or defending the state in war. The state is generally required to spend within its available revenue and is not allowed to engage in deficit spending.
The constitution also places restrictions on the ability of the legislature and local governments to impose taxes. For example, Article 7, Section 3-e gives public school districts the power to impose a property tax, subject to limits set by the legislature and approval by the voters of the district.
The office of the governor in Texas is subject to limitations and is generally considered weaker than the governorship in many other states. The governor has certain powers granted by law rather than by the constitution. The judiciary, on the other hand, has undergone sweeping changes, with Article 5 describing the composition, powers, and jurisdiction of the state judiciary, including the Supreme Court, Court of Criminal Appeals, and various lower courts.
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Limitations on state debt
The Texas Constitution, which was ratified in 1876, reflects a deep mistrust of government power and imposes several limitations on state authority. The constitution has been amended over 500 times, making it one of the most amended state constitutions in the US.
Section 49 of the constitution, which is the largest section, addresses "State Debts" and includes 30 sub-sections. This section limits the power of the Legislature to incur debt, restricting it to specific purposes outlined in the Constitution. Any debt incurred by the state must be approved by the attorney general and is incontestable for any reason.
The process of incurring debt is outlined in the constitution, which requires a clear description of the amount, purpose, and source of payment for any debt. The amount of debt stated cannot be exceeded, and the right to exceed or renew the debt must be stated in the proposition. The Texas Water Development Board is authorized to issue Texas Water Development Bonds to provide grants and loans for water quality enhancement purposes. Separate accounts are established in the water development fund for administering the proceedings of bonds issued for specific purposes.
The constitution also mandates that the Comptroller of Public Accounts prepare and submit a financial statement to the Governor and the Legislature, outlining the financial condition of the State Treasury and providing estimates for probable receipts and disbursements for the current fiscal year.
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Right to hunt and fish
The Texas Right to Hunt, Fish and Harvest Amendment, also known as Proposition 6, was on the ballot in Texas on November 3, 2015, as a legislatively referred constitutional amendment, and was approved. Voting yes on this proposition added the following language to the Texas Constitution:
> The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing. Hunting and fishing are preferred methods of managing and controlling wildlife.
This right is, however, subject to regulations intended for wildlife conservation. The section explicitly clarifies that it does not alter any laws relating to trespassing, property rights, or eminent domain.
The amendment added a Section 34 to Article 1 of the Texas Constitution. As of January 2023, 23 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other 22 states have adopted right-to-hunt-and-fish amendments since 1996.
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![Constitution of the state of Texas adopted by the Constitutional convention begun and held at the city of Austin on the sixth day of September, 1875, with amendments declared adopted O [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
Freedom of religion
The Texas Constitution guarantees freedom of religion. Article I, Section 6 of the Texas Constitution, also known as the "Freedom of Worship" section, provides that all individuals have the natural and indefeasible right to worship according to their own beliefs. It states that no one can be compelled to participate in or support any religious practices or places of worship against their will. The section also prohibits any human authority or the government from interfering in matters of religion and gives individuals the freedom to worship according to their conscience.
The Texas Constitution also includes a provision, Article I, Section 6-a, which was added in response to the COVID-19 pandemic restrictions. This section explicitly prohibits the state or any political subdivision from enacting any laws or orders that prohibit or limit religious services conducted by religious organizations. This amendment was passed by the Texas Legislature and approved by Texas voters on November 2, 2021, with 62.42% of the vote. The amendment was a response to concerns raised over restrictions put in place by state and local governments during the pandemic that allegedly violated the right to the free exercise of religion.
Despite these protections, some have argued that Texas does not need its own amendment as religious freedom is already protected by the First Amendment of the United States Constitution. The First Amendment guarantees the free exercise of religion and acts as a limit on government actions that restrict religious gatherings. During the pandemic, the Supreme Court addressed the balance between public health measures and religious freedom, upholding some restrictions while overturning others.
The exact scope and implications of the Texas amendment remain to be seen, but it is clear that Texas has taken a strong stance in favour of protecting religious freedom, solidifying its position as one of the strongest states in the country for protecting this right.
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Right to bail
The Texas Constitution grants all prisoners the right to bail, except for those accused of capital offences. Bail is a security or promise given on behalf of an accused individual to ensure that they will appear for their designated proceedings. Texas law outlines four types of bail: personal recognizance, personal bond, surety bond, and cash bond.
The Texas Constitution also states that bail cannot be set excessively high, with the U.S. Constitution deeming this illegal. The amount of bail is determined by the court, judge, magistrate, or officer taking the bail, and is based on the nature of the offence and the defendant's ability to pay. The defendant is entitled to request a lower bail, which may be granted by the court depending on the circumstances.
In Texas, courts follow a bond schedule with guidelines on bail amounts, but judges and magistrates can alter these amounts based on specific case details. Bail payments are not restricted to cash or bail bonds; courts may also accept credit cards or various forms of collateral, such as vehicles, real estate, or other valuable assets.
There are, however, certain circumstances in which bail may be denied. This includes cases where an individual has violated a protective order involving family violence, violated a condition of their release, or has multiple felony convictions.
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Frequently asked questions
The Texas Constitution comprises a preamble and 17 articles, each containing multiple sections.
The Texas Constitution imposes several limitations on the state government and its powers. For example, it includes a detailed bill of rights that outlines specific protections and guarantees for Texans, such as the right to bail and a speedy trial. It also separates the powers of the legislative, executive, and judicial branches, preventing them from encroaching on each other's authority.
While the Texas Constitution is subject to the US Constitution, it provides greater detail in certain areas, such as the bill of rights, and includes provisions unique to Texas, such as the right to hunt and fish.
The Texas Constitution has been amended numerous times since its inception. By 1980, voters had approved 235 proposals for amendments, and various sections have been added or altered over time to address issues such as public education, state finances, and the judiciary.
