Isabella Carter
The Texas Constitution has been amended several times since its approval by a large majority of voters in 1976. The process of amending the constitution involves the proposal of amendments by the Legislature, which are then voted on by qualified voters. The majority of proposed amendments have been approved by voters, with some holding symbolic importance, such as the right-to-hunt amendment in 2015, and others having major substantive importance, like the 2019 amendment to prohibit a state personal income tax.
| Characteristics | Values |
|---|---|
| Role of Texas Legislature | Two-thirds of the total membership of each chamber of the Texas legislature must approve the amendment. |
| Texas Constitution Article 17 | The Legislature may propose amendments to be voted on by qualified voters for statewide offices and propositions. |
| Voter Approval | The majority of proposed constitutional amendments have been approved by voters. |
| Election Method | Constitutional election, electoral vote, initiative, referendum, popular recall |
| Texas Constitution of 1836 | Granted citizenship to descendants of Africans and Native Americans, called for a careful separation of church and state, did not impose term limits on the executive branch, set the national language as English, and outlined policies governing slavery. |
| Texas Constitution of 1976 | Approved by a large majority of voters. |
| Texas Constitution Amendment Attempts | In 1975, 15% of voting-age Texans cast ballots and rejected all proposed amendments. |
| Texas Bill of Rights | Prohibits cruel and unusual punishment, discrimination based on sexual orientation, garnishment of wages except for court-ordered child support, imprisonment for debt. |
| Special Sessions | The governor can call as many special sessions as they wish. |
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What You'll Learn
Texas voters have approved the majority of amendments
Texas voters have approved most of the proposed amendments to the Texas Constitution. The current constitution was approved by a large majority of voters in 1976. Since then, voters have declined attempts at wholesale revision, preferring to make amendments as necessary.
The Texas Constitution provides one mechanism for amending the state's constitution: legislatively referred constitutional amendments. The state Legislature can refer constitutional amendments to the ballot for voters to decide. The Legislature, at any regular session, or at any special session, may propose amendments revising the Constitution, to be voted on by the qualified voters for statewide offices and propositions. The proposal for submission must be approved by a vote of two-thirds of all the members elected to each House. The explanatory statement shall be prepared by the Secretary of State and approved by the Attorney General. It should be published in each newspaper in the state, with the date of the election and the wording of the proposition as it will appear on the ballot.
The voters must approve a proposition by a simple majority (50% plus 1) for it to become law. For example, in the election held on November 7, 2023, Texas voters approved 13 out of 14 proposed amendments to the Texas Constitution.
The rules for amending the constitution are in Article 17 of the Texas Constitution. All changes must be approved by the general public. Before the public can vote on an amendment, the legislators must agree to add the proposition to the ballot by voting on a legislative document called a "resolution".
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Amendments are proposed by the Texas Legislature
The Texas Constitution grants the Texas Legislature the authority to propose amendments to the Constitution. This process is outlined in Article 17 of the Texas Constitution, which specifies the steps that must be taken for an amendment to be proposed and ratified.
The Texas Legislature can propose amendments to the Constitution at any regular session or special session, provided that the matter is included within the purposes for which the special session is convened. For an amendment to be proposed, it must be approved by a two-thirds majority vote of all the members elected to each House, with the vote entered by yeas and nays on the journals. This means that both the Texas House of Representatives and the Senate must pass the proposed amendment by a two-thirds majority.
Once an amendment is approved by the Legislature, it is then sent to the voters for their consideration. The date of the election for this is specified by the Legislature, and a brief explanatory statement about the nature of the proposed amendment is published in newspapers across the state. This statement includes the date of the election and the exact wording of the proposition that will appear on the ballot.
The election is held in accordance with procedures prescribed by the Legislature, and the returning officer in each county sends the results to the Secretary of State, who then proclaims the outcome. For an amendment to be ratified and become part of the Texas Constitution, it must receive a majority of the votes cast in its favour.
Since the current Texas Constitution was approved in 1976, voters have generally preferred to make amendments as necessary rather than approve wholesale revisions. While most proposed amendments have been approved by voters, there have been instances, such as in 1975, where a significant number of proposed amendments were rejected.
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Amendments require a majority vote
Texas has a unique process for amending its constitution, which requires a majority vote for approval. The Texas Constitution, which was approved by a large majority of voters in 1976, outlines specific steps for proposing and enacting amendments.
The Texas Legislature plays a crucial role in this process. Firstly, the Legislature proposes amendments during regular or special sessions. For an amendment proposal to be submitted for voter consideration, it must secure a two-thirds majority vote from each House of the Legislature. This vote is recorded in the journals, with the yeas and nays of the members entered for transparency.
Once an amendment proposal clears the Legislature, the Secretary of State prepares an explanatory statement, which is approved by the Attorney General. This statement provides a clear and concise explanation of the nature of the proposed amendment. It is then published in all qualifying newspapers across the state, with specific timing requirements. The first notice must be published between 50 and 60 days before the election, and the second notice is published on the same day of the following week.
The election on the proposed amendment is held in accordance with established procedures. The returning officer in each county is responsible for collecting and reporting the votes to the Secretary of State. If a majority of the votes cast are in favour of the amendment, it becomes part of the Texas Constitution. The Governor then makes a proclamation declaring the amendment's approval.
Over the years, Texas voters have approved most of the proposed constitutional amendments, demonstrating their willingness to make changes when necessary. However, there have been instances, such as in 1975, when voters overwhelmingly rejected all proposed amendments.
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Voters can place proposals on the ballot
Texas voters have approved the majority of proposed constitutional amendments since the current Texas Constitution was approved in 1976. Voters will weigh in on proposed amendments, which is the closest the Texas public can get to voting directly on policy changes in the state.
The Texas Constitution outlines the mode of amending the Constitution of the State. The Legislature may propose amendments revising the Constitution, to be voted on by qualified voters for statewide offices and propositions. The proposal for submission must be approved by a vote of two-thirds of all the members elected to each House. A brief explanatory statement of the nature of a proposed amendment, along with the date of the election and the wording of the proposition, must be published in newspapers across the State. The explanatory statement is prepared by the Secretary of State and approved by the Attorney General. It must be published not more than 60 days and not less than 50 days before the date of the election. The election is held in accordance with procedures prescribed by the Legislature, and the returning officer in each county shall make returns to the Secretary of State of the number of legal votes cast at the election for and against each amendment.
If a majority of votes are cast in favour of an amendment, it becomes part of the Constitution, and a proclamation is made by the Governor. For example, Proposition 11 was on the ballot because the state constitution must be amended whenever there is a change in funding. Proposition 12 was unique as it focused only on Galveston County. If passed, it would abolish the Galveston County treasurer position. While the proposition will appear on everyone's ballot, it will only pass if approved by the majority of Galveston County voters.
Another example is Proposition 9, which involves a specific fund described in the state constitution that requires voter approval before it is officially transferred. This proposition would exempt personal property held by a medical or biomedical manufacturer from taxes. Supporters argue that this would make Texas a more competitive location for manufacturers and attract new employers to the state. However, opponents note that school districts and municipalities would lose out on taxation from medical and biomedical goods.
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Amendments must be published in state newspapers
The Texas Constitution has specific requirements for amending it, and one of these requirements is that any proposed amendment must be published in state newspapers. This is to ensure that the public is informed about the potential changes to the constitution and can make their votes accordingly.
The process of publishing these amendments involves several steps. Firstly, the Secretary of State prepares a brief explanatory statement about the nature of the proposed amendment. This statement includes the date of the election and the exact wording of the proposition that will appear on the ballot. The Attorney General must approve this statement. The Secretary of State then sends a complete copy of the proposed amendment to each county clerk, who posts it in a public place in the courthouse at least 30 days before the election.
The publication of the proposed amendment in newspapers follows specific guidelines. The notice must be published in newspapers that meet the requirements set by the Legislature for publishing official notices from government officers and departments. These newspapers must devote at least 25% of their total column lineage to general interest items and have been published regularly and continuously for at least 12 months before the notice is published. The notice must be published at least once the day before the election. Additionally, the notice must be published twice in each qualifying newspaper, with the second publication occurring on the same day of the succeeding week.
The timing of the publication is also important. The first notice should be published between 60 and 50 days before the election, and the second notice should be published on the same day of the succeeding week. The Legislature sets the rate for the publication charges, ensuring they do not exceed the newspaper's published national rate for advertising per column inch.
After the publication, the contractor, which could be a newspaper or a statewide association, must file a report with the Secretary of State. This report includes details such as the name of the newspaper, the number of column inches used, and the published national rate for advertising. The contractor must also submit an affidavit of publication, certifying that the publication was made in accordance with the law. If the affidavit is approved, the contractor is paid accordingly.
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Frequently asked questions
The Texas Legislature can propose amendments to the Texas Constitution at any regular session or special session. A majority vote of each house of the Texas legislature is needed, with two-thirds of the total membership of each chamber approving the amendment. The proposal then goes to the voters, who must approve it by a majority for it to become part of the Constitution.
The Texas Legislature plays a crucial role in amending the Texas Constitution. While it can propose amendments, the amendments must be approved by a majority vote of each house, with two-thirds of the total membership of each chamber approving. The Legislature also sets the date of the election for voters to consider the proposed amendment.
Constitutional amendments in Texas have had varying levels of importance. For example, the right-to-hunt amendment in 2015 was largely symbolic, while the 2019 amendment to prohibit a state personal income tax had significant substantive effects. Overall, Texas voters have approved the majority of proposed constitutional amendments, with some exceptions, such as the 1975 attempt, where only 15% of voting-age Texans participated and rejected the proposed changes.
