Texas Constitutional Amendments: Special Election Explained

The Texas constitutional amendment special election is a process by which Texans can vote on amendments to the state's constitution. The proposed amendments must first be approved by at least two-thirds of the members of both the Texas Senate and the House of Representatives before being put to a statewide vote. If approved by a majority of Texans, the amendments become part of the Texas Constitution. These elections are often held alongside local elections and can cover a wide range of topics, from property tax breaks to expanding broadband access, with potential implications across the state for years to come.

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Texas voter ID requirements

Texas law requires voters to show one of seven acceptable forms of photo ID when voting in person. If a voter is aged between 18 and 69, the ID can be expired for up to four years. For voters aged 70 and over, the ID can be expired for any length of time but must be otherwise valid. The seven acceptable forms of photo ID are:

• Texas Driver License issued by the Texas Department of Public Safety (DPS)
• Texas Election Identification Certificate issued by DPS
• U.S. Military ID
• U.S. Citizenship Certificate (does not expire)
• U.S. Passport (book or card)
• Texas Handgun License issued by DPS
• Personal ID card issued by DPS

If a voter does not have one of these forms of ID and has a valid reason, they can use a supporting form of ID from List B and execute a Reasonable Impediment Declaration. This includes presenting an alternative form of ID, such as a utility bill, bank statement, government check, or voter registration certificate. Voters with a disability may also apply for a permanent exemption by presenting an acceptable photo identification or following the Reasonable Impediment Declaration procedure in their county.

The Texas Constitutional Amendment Special Election is a type of election in which Texans can approve amendments to the Texas Constitution with a majority vote. For example, in the May 7, 2022, Constitutional Amendment Election, Texans voted on two proposed amendments:

• "The constitutional amendment authorizing the legislature to provide for the reduction of the amount of a limitation on the total amount of ad valorem taxes that may be imposed for general elementary and secondary public school purposes on the residence homestead of a person who is elderly or disabled to reflect any statutory reduction from the preceding tax year in the maximum compressed rate of the maintenance and operations taxes imposed for those purposes on the homestead."
• "The constitutional amendment increasing the amount of the residence homestead exemption from ad valorem taxation for public school purposes from $25,000 to $40,000."

Ballot order

The ballot order for the Texas constitutional amendment special election is decided by the Texas Secretary of State or the Deputy Secretary of State. The ballot order is drawn for the proposed amendments to the Texas Constitution that will appear on the ballot for the election. The number of proposed amendments has varied over the years, with 8, 10, 14, and 17 amendments being proposed in different elections.

To appear on the ballot, a proposed amendment must be approved by at least two-thirds of the members of both the Texas Senate and the House of Representatives. Texans then have the opportunity to approve these amendments with a majority vote. The ballot order is usually decided a few months before the election date, and the specific amendments that will appear on the ballot are announced at that time.

For example, for the November 2, 2021, election, the ballot order was decided on July 29, 2021. The eight proposed amendments that appeared on the ballot included amendments related to charitable raffles at rodeo venues, financing for transportation or infrastructure development in underdeveloped areas, and religious service prohibitions.

Similarly, for the May 7, 2022, election, the ballot order was decided on January 26, 2022. Texans voted on two proposed amendments: one related to reducing the limitation on ad valorem taxes for elderly or disabled homeowners, and another proposing to increase the residence homestead exemption from ad valorem taxation for public school purposes from $25,000 to $40,000.

The ballot order for the November 7, 2023, election was decided on August 4, 2023, and Texans will vote on 14 proposed amendments. Proposition 1 is HJR 126, which protects the right to engage in farming, ranching, timber production, horticulture, and wildlife management. Proposition 2 is SJR 64, which authorizes a local option exemption from ad valorem taxation for child-care facilities. The remaining propositions cover a range of topics, including individual wealth taxes, real property appraisals, and border security infrastructure.

Property tax breaks

Texas residents could see significant relief from property taxes, with two Texas property tax bills hitting the ballot in November 2025. The proposed legislative package includes increased homestead exemptions and a property tax cut for businesses. If approved by voters, homeowners and business owners could receive $10 billion in tax relief funds.

In May 2022, Texans voted on two propositions to amend the Texas Constitution, both related to property tax relief. Proposition 1, the Property Tax Limit Reduction for Elderly and Disabled Residents Amendment, was designed to reduce the property tax limit for school maintenance and operations taxes imposed on the homesteads of elderly or disabled residents. It was approved by 87% of voters. Proposition 2, approved by just under 85% of voters, raised the homestead exemption for school district property taxes from $25,000 to $40,000. This means that if your home is valued at $400,000, you will be taxed on a value of $360,000, saving the average homeowner about $175 a year in school property taxes.

Texas Senate Bill 9, approved in August 2025, would tighten state limits on how much more in property tax revenue cities and counties can collect each year without asking voters. The bill would limit the growth of property tax revenue from 3.5% to 2.5%, but only for cities and counties with at least 75,000 residents.

In addition to the above, there are other property tax relief initiatives in Texas. For example, Texas law allows businesses to exempt up to $2,500 of income-producing property from tax, which may include equipment such as computers, printers, or specialized vehicles. A new law would boost the current exemption to $125,000, significantly reducing the amount of property tax paid by businesses on personal business property.

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Religious freedom

Texas law requires voters to present one of seven acceptable forms of photo ID when voting in person. In 2021, Texas voters approved an amendment to their state constitution, known as Proposition 3, which prohibits government limitations on religious services. This amendment was passed in response to COVID-19 pandemic restrictions, which affected the ability of religious groups to gather and worship.

The text of the amendment provides broad protections for religious services, with implications for government action unrelated to the pandemic:

> "This state or a political subdivision of this state may not enact, adopt, or issue a statute, order, proclamation, decision, or rule that prohibits or limits religious services... in this state by a religious organization established to support and serve the propagation of a sincerely held religious belief."

The amendment adds this text to Article I of the Texas Constitution, which contains the Texas Bill of Rights. The exact scope and contour of these protections are yet to be seen, but Texas has solidified its place as one of the strongest states in the country for protecting religious freedom.

The amendment passed with 62.42% of the vote, and it was supported by Governor Greg Abbott, who declared religious worship services to be essential services during the pandemic. However, it has also faced criticism from some who argue that it exempts religious organizations from public safety measures that apply to other community organizations. For example, under this amendment, there can be no occupancy limits in churches or temples during a highly contagious disease outbreak, and clergy cannot be required to move their services online during a public health emergency.

Prior to this amendment, Texas had proposed a "Protect Religious Freedom" Amendment in 2015, which did not make it onto the ballot. This earlier amendment would have prohibited the government from burdening an individual's or organization's freedom to act or refuse to act in a manner motivated by "a sincerely held religious belief."

Eligibility requirements for judges

Texas Proposition 4, also known as the Changes to Eligibility for Certain Judicial Offices Amendment, changed the eligibility requirements for several judicial offices in Texas. These include the roles of a justice of the supreme court, a judge of the court of criminal appeals, a justice of a court of appeals, and a district judge.

The amendment changed the eligibility requirements from needing 10 years of experience as a lawyer or judge to requiring 10 years of being licensed in Texas as a lawyer or judge on a state or county court. The amendment also increased the eligibility requirement for a judge of a district court from four years of experience as a practicing lawyer or judge to eight years.

In addition to the above, the amendment specified that candidates must be citizens of the United States and residents of Texas. Candidates must also have been licensed to practice law in Texas for at least 10 consecutive years, and during this period, their license must not have been revoked, suspended, or subject to a probated suspension.

The Texas Eligibility Requirements for State Judges Amendment, also known as HJR 10, was not on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2017. If it had been passed, it would have changed the eligibility requirements for people to serve as justices or judges of the Texas Supreme Court, Court of Criminal Appeals, courts of appeals, or district courts. To serve in these roles, a person would have needed to be a practicing lawyer licensed in Texas for at least 10 consecutive years, or a practicing lawyer who had been licensed in the state and served as a state or county court judge for a combined total of at least 10 consecutive years.

Furthermore, district judges in Texas are selected via the partisan election method and serve four-year terms. Judges must be older than 25 years of age and retire from the court at 74.

Frequently asked questions