Simone Lawson
The current Texas Constitution, also known as the Constitution of 1876, is the foundational governing document of the State of Texas. It establishes the structure and function of the Texas government, enumerating the basic rights of its citizens. Since its adoption on February 15, 1876, the constitution has been amended numerous times, reflecting the dynamic nature of Texas' legal and political landscape. The Texas Constitution is one of the largest state constitutions in the US, addressing specific topics such as local government, taxes, and private property rights.
| Characteristics | Values |
|---|---|
| Name | Constitution of the State of Texas |
| Date of Adoption | February 15, 1876 |
| Amendments | 498 as of 2019; 530 approved by the electorate out of 714 proposed by the Texas Legislature from 1876 to 2024 |
| Length | Over 63,000 words |
| Numbered Articles | 8 |
| Topics Covered | Local government, taxes, private property rights, land titles and land law, debtor relief, judicial procedures, marital relations and adoption, water and other mineral rights, suffrage, education, etc. |
| Rights | Includes a Bill of Rights; citizens' rights include the writ of habeas corpus, liberty of speech and press, right to bear arms, etc. |
| Powers | Separation of powers into three branches: legislative, executive, and judicial |
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What You'll Learn
Texas Constitution of 1876
The current Texas Constitution, also known as the Constitution of 1876, was ratified on February 15, 1876, and is the seventh constitution in Texas history. It was last amended in 2019 and is the second-longest state constitution in the United States.
The Texas Constitution of 1876 is a comprehensive document that establishes the structure and function of the Texas government. It is organised by articles, with the first article, known as the Texas Bill of Rights, serving as a bill of rights for the state. This bill of rights is notably more detailed than its federal counterpart and contains provisions unique to Texas. It guarantees various freedoms and protections, including liberty of speech and press, the right to keep and bear arms, and the right of the accused to obtain bail and a jury trial.
Article 3 of the constitution vests the legislative power in the "Legislature of the State of Texas," consisting of the state's Senate and House of Representatives. This article also defines the qualifications and powers of senators and representatives and includes limitations on the power of the legislature. It specifies the number of members in each chamber, with the Senate consisting of thirty-one members and the House of Representatives not exceeding 150 members.
The constitution also includes provisions that are uniquely Texan, reflecting the state's unusual history and influences. These provisions cover a range of topics, including land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and water and mineral rights.
Since its ratification in 1876, the Texas Constitution has undergone numerous amendments. As of 2024, the Texas Legislature had proposed 714 constitutional amendments, with 530 approved by the electorate and 181 defeated. Many of these amendments are due to the document's highly restrictive nature, as it stipulates that the state of Texas only has the powers explicitly granted to it. The constitution has been amended to address various topics, including the judiciary, public education, the state's financial system, suffrage requirements, and the term of office for state and local officials.
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Amendments
The current Texas Constitution, also known as the Constitution of 1876, is the seventh in Texas history and was ratified on February 15, 1876. It is the foundational governing document of the State of Texas, second only to the U.S. Constitution, and outlines the structure and function of the Texas government.
The Texas Constitution is a dynamic document that has been amended numerous times since its inception. As of 2019, the constitution has been amended 498 times. Amendments to the Texas Constitution are proposed by the Texas Legislature and then put to a vote for approval by Texas voters. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate, 181 were defeated, and three never made it onto the ballot.
The high number of amendments is due in part to the document's highly restrictive nature and the ease with which it can be amended. The Texas Constitution stipulates that the state of Texas has only those powers explicitly granted to it, and it contains numerous limitations on the power of the state and local governments.
- Public education: Amendments have removed original limitations and permitted the expansion of the public school system, as well as the creation of the Permanent University Fund and the establishment of the University of Texas and Texas A&M University.
- State finances: Amendments have altered provisions to permit the adoption of new expenditure programs and the exploitation of new sources of revenue.
- Governance: Amendments have revamped basic suffrage requirements, altered the method of chartering municipal corporations, and lengthened the term of office for many state and local officials.
- State debts: Amendments have been proposed to address the limitations on the Legislature's power to incur debt, with specific purposes stated in the Constitution.
- Taxation: Section 24, added by an amendment in 1993, restricts the ability of the Texas State Legislature to impose a personal income tax.
- Rights and liberties: Article 1, or the "'Bill of Rights,'" has been amended to include unique provisions such as the unqualified right to habeas corpus, the prohibition of religious tests for office (except for the acknowledgement of a Supreme Being), and the right of citizens to keep and bear arms.
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Bill of Rights
The current Texas Constitution, which came into effect on February 15, 1876, is the seventh in the state's history. It is a lengthy document of over 63,000 words, making it one of the longest state constitutions in the US. The constitution is organised by articles, with Article 1 serving as the "Bill of Rights".
The Texas Bill of Rights is considerably more detailed than the federal Bill of Rights, and includes some unique provisions. It outlines specific, fundamental limitations on the power of the state government, and grants certain rights to citizens that cannot be ignored. The article originally consisted of 29 sections, five of which have been added since 1876, bringing the total to 34 sections.
The Texas Bill of Rights recognises the writ of habeas corpus as an unqualified right, prohibiting its suspension under any circumstances. This is in contrast to the US Constitution, which allows suspension in cases of "rebellion or invasion". The Texas Bill of Rights also forbids religious tests for office, with the exception of the acknowledgement of a Supreme Being. It prohibits unreasonable searches and imprisonment for debt, and guarantees freedom of speech and press, the right to bear arms, and the right of the accused to obtain bail and be tried by a jury.
The Texas Constitution has been amended numerous times since 1876, with the legislature proposing 714 constitutional amendments, of which 530 were approved by voters. The most recent amendment was in 2019. The constitution's length and ease of amendment have resulted in it functioning as an adjunct to statutes rather than a static set of principles. It is a dynamic document designed to reflect the state's growth and development.
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Separation of Powers
The current Texas Constitution, which came into effect on February 15, 1876, is the seventh in the state's history. It is a lengthy document, consisting of over 63,000 words, and is one of the most verbose state constitutions in the US. The Texas Constitution has been amended numerous times since its adoption, with the legislature proposing 714 constitutional amendments from 1876 to 2024.
The Texas Constitution, like the US Constitution, establishes the separation of powers into three branches: the legislative, executive, and judicial.
Article 2 of the Texas Constitution is labelled as the "Power of Government" and provides for the separation of powers. The legislative power of the state is vested in the "Legislature of the State of Texas", consisting of the state's Senate and House of Representatives, as outlined in Article 3. This article also lists the qualifications required of senators and representatives and regulates the legislative process. It contains limitations on the power of the legislature and exceptions to those limitations.
Article 4, "Executive Department", describes the powers and duties of the state's executive officials. The Governor plays a key role in the legislative process, as a bill can take effect immediately upon the Governor's signature if it passes both chambers by a two-thirds vote.
Article 5, "Judicial Department", describes the composition, powers, and jurisdiction of the Texas Supreme Court, the Court of Criminal Appeals, the Court of Appeals, and various other courts.
The Texas Constitution's detailed provisions on the separation of powers and the specific limitations on each branch of government reflect the state's unique history and the desire to protect the rights of its citizens.
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Local Government
The current Texas Constitution, which was ratified in 1876, establishes the structure and function of the Texas government and outlines the basic rights of its citizens. It is the seventh constitution in Texas history.
Regarding local government, Article 11 of the Texas Constitution addresses Municipal Corporations. This article outlines the rules and responsibilities of municipalities, including cities, towns, and villages. For instance, Section 8 of Article 11 authorises the Legislature to aid in the construction of sea walls or breakwaters on the Gulf Coast by donating portions of the public domain. Section 9 of the same article states that county or municipal property held for public purposes is exempt from forced sale and taxation.
Additionally, Article 11 outlines the procedures for filling vacancies in a municipality's governing body. It specifies that vacancies must be filled by a majority vote of qualified voters within 120 days of the vacancy occurring. This provision was added in 2013. Furthermore, Article 11 allows municipalities to provide for longer terms of office for their officers, exceeding the typical two-year term but not exceeding four years. This provision applies to both elective and appointive positions.
The Texas Constitution also establishes counties as functional agents of the state. Each county has a commissioners court, consisting of four precinct commissioners and a county judge. This body oversees the general business and financial matters of the county. The Texas Constitution ensures a system of checks and balances by creating other elective offices within each county.
Since 1876, the Texas Legislature has proposed numerous constitutional amendments, with 530 out of 714 proposals being approved by the electorate. These amendments often address the highly restrictive nature of the constitution, which stipulates that the state of Texas only has the powers explicitly granted to it.
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Frequently asked questions
The current Texas Constitution is known as the Constitution of 1876.
The Texas Constitution is one of the longest state constitutions in the US, with over 63,000 words.
Since 1876, the Texas Constitution has been amended at least 498 times, with 530 out of 714 proposed amendments being approved by the electorate.
