Isabella Carter
The Texas Constitution is one of the longest in the nation and is still growing. As of 2024, the Texas Legislature has proposed 714 amendments, 530 of which have been adopted. The most recent amendments to the Texas Constitution were approved by voters on November 7, 2023, when 13 out of 14 amendments on the ballot were approved. The amendments covered a range of issues, including the creation of funds for higher education, water projects, energy, and broadband infrastructure, as well as cost-of-living adjustments for certain annuitants of the Teacher Retirement System of Texas.
| Characteristics | Values |
|---|---|
| Date of Amendments | 7 November 2023 |
| Number of Amendments | 14 |
| Number of Amendments approved | 13 |
| Type of Amendments | Legislatively referred constitutional amendments |
| Voter Approval Requirement | Simple majority (50% + 1) |
| Ballot Order | Decided by Deputy Secretary of State Joe Esparza |
| Ballot Propositions | Proposition 5 – HJR 3, Proposition 6 – SJR 75, etc. |
| Topics | Taxation, education, water projects, energy, broadband, etc. |
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What You'll Learn
Voters approved 13 amendments in November 2023
The Texas Constitution is one of the longest in the nation and is ever-evolving. As of 2024, the Texas Legislature has proposed 714 amendments, of which 530 have been adopted, 181 defeated by voters, and three never made it to the ballot. The most recent amendments to the Texas Constitution were approved by voters on November 7, 2023, with 13 out of 14 ballot proposals receiving the required majority vote for adoption.
The process of amending the Texas Constitution is outlined in Article 17, which consists of two sections, one of which has been repealed. Amendments are proposed by the state legislature and require approval by a simple majority (50% plus one vote) of voters. The 14 proposed amendments in November 2023 included propositions for the creation of various funds, such as the Texas University Fund, the Texas Water Fund, the Texas Energy Fund, and the Broadband Infrastructure Fund.
One of the approved amendments, Proposition 9, authorized the 88th Legislature to provide cost-of-living adjustments to certain annuitants of the Teacher Retirement System of Texas. Another amendment, Proposition 7, provided for the creation of the Texas Energy Fund to support electric-generating facilities. Texans also approved Proposition 6, the Texas Water Fund, to finance water projects across the state.
The ability to amend the Texas Constitution through a majority vote allows Texans to shape the state's governance framework, including matters of taxation, education, and civil rights. The amendments approved in November 2023 demonstrate the state's commitment to investing in critical areas like education and infrastructure, ensuring a brighter future for Texans.
Amendments: States' Ratification Power and the Constitution
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Two proposed amendments in May 2022
The Texas Constitution is one of the longest in the nation and is still growing. As of 2024, the Texas Legislature has proposed a total of 714 amendments, of which 530 have been adopted, 181 have been defeated by Texas voters, and three amendments never made it to the ballot. The most recent amendments to the Texas Constitution were approved by voters on November 7, 2023, with 13 out of 14 ballot proposals being approved.
On May 7, 2022, Texans had the opportunity to vote on two proposed amendments to the state constitution. The first proposal, SJR 2, suggested increasing the residence homestead exemption from property taxes for public school purposes from $25,000 to $40,000. The second proposal, detailed in the "Constitutional Amendment Order Decided for May 7, 2022 Election" document, is a lengthy statement that can be summarised as follows: Texans were given the chance to approve the following amendment with a majority vote: "The constitutional amendment authorizing the legislature to provide for the reduction of the limitation on ad valorem taxes that may be imposed for general elementary and secondary public school purposes on the residence homestead of an elderly or disabled person."
Future Amendments: A Better Constitution
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Proposition 5 – Texas University Fund
Texas Proposition 5, also known as the Rename State University Research Fund and Establish Ongoing Revenue Source Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023. The ballot measure was approved by voters.
Proposition 5 established the Texas University Fund (TUF) with a $3.9 billion endowment to provide funding for research and development at eligible Texas public universities. The fund aims to elevate the national prominence of these universities and boost the state's economy. The endowment is funded by a one-time $3 billion allocation from the state's budget surplus, $896 million from the National Research University Fund (NRUF), and interest-only income of up to $100 million from the Economic Stabilization Fund (rainy-day fund).
The University of Texas and Texas A&M University systems are excluded from receiving funds from TUF as they already receive support from the Permanent University Fund (PUF). The four universities initially eligible for TUF funding based on objective criteria are the University of Houston, Texas Tech University, the University of North Texas, and Texas State University. These institutions were selected based on their research expenditures and doctoral degrees awarded, and funding will be distributed on a merit-based system.
Proposition 5 aims to enhance graduate programs, increase research capabilities, and attract top faculty to these universities, ultimately helping Texas students gain high-paying jobs and reducing the state's reliance on out-of-state and international talent. The funding is expected to be transformational for the universities receiving it and will help drive economic growth in Texas.
Amending the Constitution: Who Has the Power?
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Proposition 6 – Texas water fund
The Texas Constitution is one of the longest in the nation and is still growing. As of 2024 (the 88th Legislature), 714 amendments have been proposed, out of which 530 have been adopted, 181 defeated by Texas voters, and three amendments never made it to the ballot. The Texas Constitution was last amended on November 7, 2023, when voters approved 13 out of 14 ballot amendments.
One of the amendments on the ballot was Proposition 6, which creates the Texas Water Fund to assist in financing water projects in Texas. Proposition 6 stems from two related legislative actions passed in the 88th session: SB 28 and SJR 75. SB 28 establishes and outlines the use of the Texas Water Fund and the New Water Supply for Texas Fund. It requires that at least $250 million must be allocated to the New Water Supply for Texas Fund, which will be primarily used to develop water supply projects such as desalination, produced water treatment, aquifer storage and recovery, and the development of infrastructure to transport such water supplies. SJR 75 creates the constitutional amendment necessary to carry out the creation of the Texas Water Fund.
SB 30, a supplemental appropriations bill, authorized a one-time $1 billion supplemental appropriation of general revenue to the fund, contingent upon the passage of the associated constitutional amendment. Importantly, this $1 billion investment will come from an existing government surplus, meaning that voter approval of the Texas Water Fund will not result in any new taxes or fees. If Proposition 6 is approved by the voters, $1 billion will be deposited into the Texas Water Fund and may then be divided among the following funds or accounts administered by the TWDB: The New Water Supply for Texas Fund, the Statewide Water Public Awareness Account, the State Water Implementation Fund for Texas (SWIFT), the State Water Implementation Revenue Fund for Texas, the Clean Water or Drinking Water State Revolving Funds, the Rural Water Assistance Fund, and the Texas Water Development Fund II water financial assistance account and state participation account.
Proposition 6, creating the Texas Water Fund, passed on November 7, 2023, with more than 77% in favor. The Texas Water Fund is not a new financial assistance program itself but allows the TWDB to provide funding through certain existing financial assistance programs and the newly created New Water Supply for Texas Fund.
Who Can Propose Amendments: Congress or States?
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Proposition 7 – Texas energy fund
On November 7, 2023, Texas voters approved 13 of the 14 amendments on the ballot, making them the most recent amendments to the Texas Constitution. One of these amendments was Proposition 7, which established the Texas Energy Fund to address the state's energy needs.
Proposition 7, also known as the Creation of State Energy Fund Amendment, was designed to address the concerns raised by the deadly power outages caused by the February 2021 winter storm and the subsequent heatwave that broke demand records multiple times. The amendment authorizes the creation of a $10 billion Texas Energy Fund, administered by the Public Utility Commission (PUC) of Texas. The fund will provide low-interest loans and grants to companies to support the construction, maintenance, modernization, and operation of electric generating facilities, specifically natural gas-fuelled power plants.
The PUC is responsible for allocating funds to eligible projects in each region of Texas with an electric power grid, ensuring that the allocation is proportional to the region's load share. The money in the fund will come from state appropriations, investment returns, and gifts, grants, and donations. While supporters of Proposition 7 argue that it will help maintain electric reliability and support the state's growing economy and population, critics argue that it amounts to a giveaway to fossil fuel power plant developers when the state should be investing more in energy efficiency.
The ballot measure for Proposition 7 was vague, leading to some confusion about its focus on natural gas over renewable energy sources. The Austin Chronicle Editorial Board opposed the measure, noting that it would provide benefits to fossil fuel developers that they already receive from the private market and that it excluded renewable energy projects. Despite this controversy, Texas voters approved Proposition 7, highlighting the importance of addressing the state's energy challenges and ensuring reliable power for Texans.
The Tenth Amendment: Powers Reserved to the States
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Frequently asked questions
The most recent amendment to the Texas Constitution was on November 7, 2023, when 13 out of 14 amendments were approved by voters.
The Texas Constitution has been amended 528 times as of 2024.
The ballot order for the November 7, 2023, election included Proposition 5 – HJR 3, Proposition 6 – SJR 75, Proposition 7 – SJR 93, Proposition 8 – HJR 125, and Proposition 9 – HJR 2.
The Constitutional Amendment Order decided for the May 7, 2022, election included two proposed amendments: SJR 2 (87th Legislature, 3rd Special Session) and another unnamed amendment.
The Texas Constitution can be amended with a legislatively referred constitutional amendment, requiring a simple majority vote (50% plus 1) for voter approval.
