Jonah Patel
The Texas Constitution has been amended several times since it was first adopted in 1845, following Texas' annexation to the United States. The current constitution, which was ratified in 1876, is the seventh in Texas history and the second-longest state constitution in the US. It has been amended over 500 times, most recently in 2019.
| Characteristics | Values |
|---|---|
| Date of adoption of the current Texas Constitution | February 15, 1876 |
| Previous date(s) of adoption of the Texas Constitution | 1827, 1836, 1845, 1861, 1866, 1869 |
| Date of Texas's secession from the Union | 1861 |
| Date of Texas's annexation into the United States | March 1, 1845 |
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What You'll Learn
- The current Texas Constitution was adopted on February 15, 1876
- Texas has had seven constitutions in its history
- The 1876 Constitution was the sixth constitution since Texas gained independence from Mexico in 1836
- Texas adopted a new constitution in 1861 when it joined the Confederate States
- The Texas Constitution was amended in 2019
The current Texas Constitution was adopted on February 15, 1876
The current Texas Constitution, adopted on February 15, 1876, is the seventh constitution in Texas history (including the Mexican constitution). It is the basic organic law of Texas and the foundation of its government. The document establishes the structure and function of the government of the state and enumerates the basic rights of its citizens.
The Texas Constitution of 1876 was framed by the Constitutional Convention of 1875 and adopted by a vote of 136,606 to 56,652. It reflects a deep-rooted mistrust of government power, imposing numerous limitations on state authority, fragmenting executive power, and restricting the legislature's ability to act outside narrow boundaries. The constitution contains provisions that are unique to Texas, influenced by its history and the ideologies prevalent when Texas first became a state. These provisions include sections on land titles and law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights.
The Texas Constitution of 1876 has been frequently amended to address emerging state needs, with over 500 amendments made since its adoption. Changes have been made to the judiciary, public education, the state's financial system, suffrage requirements, and the method of chartering municipal corporations. Texans have continued to uphold the constitution despite its need for frequent amendments and occasional obscurity.
The Texas State Law Library publishes a booklet containing the current state constitution, which is updated every two years to reflect new amendments. The constitution is one of the longest state constitutions in the United States, with over 63,000 words, and is considered one of the most restrictive and verbose among state constitutions.
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Texas has had seven constitutions in its history
Texas has had a unique history, passing through many iterations since 1824. During this period, Texas was at times a part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and a state within the United States of America. Reflecting this complex history, Texas has had seven constitutions.
The first Texas constitution was adopted in 1827 while Texas was still part of Mexico and was half of the state of Coahuila y Tejas. In 1836, Texas adopted its second constitution, the Constitution of the Republic of Texas, after achieving independence from Mexico. This was followed by the adoption of a third constitution in 1845 upon Texas's admission to the United States.
Texas seceded from the Union in 1861 to join the Confederate States, leading to the adoption of a new constitution aligned with Confederate interests. After the Civil War, Texas adopted another constitution in 1866 as a condition of rejoining the Union, which included recognizing the end of slavery. However, due to dissatisfaction with Texas's Reconstruction policies, further changes were required, and Texas adopted another constitution in 1869.
Amid widespread discontent with the Reconstruction-era government, a constitutional convention dominated by Democrats resulted in the drafting of a new constitution in 1875. This led to the adoption of the current Texas constitution on February 15, 1876, which remains the basic organic law of Texas. It reflects a deep mistrust of government power and has been amended numerous times to address emerging state needs.
The Texas Constitution of 1876 establishes the structure and function of the state government and enumerates the basic rights of its citizens. It contains provisions that are uniquely Texan, influenced by the state's history and the ideologies prevalent when Texas first became a state. It includes sections on land titles, debtor relief, judicial procedures, marital relations, adoption, and mineral rights. The constitution also addresses the creation of counties, the establishment of educational institutions, and the powers and limitations of the legislature.
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The 1876 Constitution was the sixth constitution since Texas gained independence from Mexico in 1836
Texas has a long and complex constitutional history, with several constitutions shaping its governance over the years. Texas gained independence from Mexico in 1836, and between then and 1876, the state crafted five constitutions, each reflecting the political and social climate of the time. The 1876 Constitution, the document's sixth iteration, was crafted during the Reconstruction Era and remains the foundation of Texas law to this day.
The path to the 1876 Constitution began with the Texas Declaration of Independence in 1836, which established the Republic of Texas. The same year, the republic's first constitution was drafted in Washington-on-the-Brazos, providing a basic framework for governance. This initial constitution established a bicameral legislature and a weak presidency, reflecting the suspicions of strong executive power held by Texans at the time.
However, this constitution proved short-lived as Texas underwent significant political shifts. In 1845, Texas joined the United States as the 28th state, necessitating a new constitution that aligned with federal law. The second constitution was drafted in 1845 and ratified in 1846, bringing Texas into the Union. This document mirrored the US Constitution more closely and addressed issues related to statehood, such as defining state borders and establishing congressional districts.
Texas' constitutional evolution continued with the third constitution in 1861, as the state seceded from the Union and joined the Confederate States of America. This constitution reflected the state's embrace of states' rights and limited federal power. However, the Civil War and Reconstruction Era brought further change. Under the direction of the Military Governor Elisha M. Pease and the Constitutional Convention of 1868–1869, Texas crafted its fourth constitution, which aimed to address issues related to the post-war era and the emancipation of slaves.
Finally, in 1876, Texas adopted its sixth and current constitution. This document reflected the state's desire for stability and addressed issues related to the growing industrialization and urbanization of Texas. The 1876 Constitution established important frameworks, including public education, taxation, and local government. While it has been amended numerous times to adapt to modern times, the core document remains, highlighting the resilience and adaptability of Texas' constitutional framework.
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Texas adopted a new constitution in 1861 when it joined the Confederate States
Texas has had seven constitutions in its history, including the Mexican constitution. The current Texas constitution, adopted in 1876, is the seventh and remains the foundation of Texas government today. It is also the second-longest state constitution in the United States.
The previous six were adopted in 1827 (while Texas was still part of Mexico), 1836 (the Constitution of the Republic of Texas), 1845 (upon admission to the United States), 1861 (at the beginning of the American Civil War), 1866 (at the end of the Civil War), and 1869.
After the Civil War, federal authorities required all Confederate states to adopt new constitutions before rejoining the Union. Texas adopted the 1866 Constitution as a condition of rejoining the Union, which included recognising the end of slavery. However, due to dissatisfaction from Congress over Texas's Reconstruction policies, further changes were required, leading to the 1869 Constitution.
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The Texas Constitution was amended in 2019
The Texas Constitution, which was first adopted in 1876, is the seventh constitution in Texas history. It is one of the longest state constitutions in the US and has been amended numerous times. The Texas Legislature has proposed 714 constitutional amendments as of 2024, with 530 of them being approved by the electorate, 181 defeated, and three never making it to the ballot.
In 2019, ten proposed amendments to the Texas Constitution were selected to appear on the ballot for the November 5 election. Texans had the opportunity to approve these amendments with a majority vote. The amendments covered a range of issues, including:
- Permitting a person to hold more than one office as a municipal judge simultaneously.
- Providing for the issuance of additional general obligation bonds by the Texas Water Development Board to fund projects in economically distressed areas.
- Authorizing a temporary exemption from ad valorem taxation for property damaged by a disaster.
- Dedicating revenue from existing state sales and use taxes on sporting goods to protect Texas' natural areas, water quality, and history.
- Authorizing an increase in the maximum bond amount for the Cancer Prevention and Research Institute of Texas.
- Allowing increased distributions to the available school fund.
- Providing for the creation of a flood infrastructure fund to assist in financing drainage, flood mitigation, and flood control projects.
- Allowing the transfer of a law enforcement animal to a qualified caretaker in certain circumstances.
The Texas Constitution has been amended numerous times since its adoption in 1876 to address emerging state needs and adapt to changing circumstances. Texans have continued to support the Constitution of 1876 despite its need for frequent amendments and occasional obscurity.
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Frequently asked questions
The Texas Constitution was first adopted on March 16, 1836, when Texas was still part of Mexico.
The Texas Constitution was adopted on August 27, 1845, after Texas was annexed into the United States.
Texas adopted a new Constitution in 1866 as a condition of rejoining the Union after the Civil War.
The current Texas Constitution was adopted on February 15, 1876 and remains the foundation of Texas government today.
The current Texas Constitution is the seventh to be adopted, including the Mexican Constitution.
