Eleanor Finch
The Texas Constitution, which establishes the structure and function of the Texan government and enumerates the basic rights of its citizens, has been amended over 500 times since its adoption in 1876. Attempts to revise or replace it have been made throughout the 20th and 21st centuries, including in 1919, 1949, 1957, 1972, 1974, and 1998, but none have succeeded. The most recent attempt at a full revision was in 1974, when a constitutional convention was held, and a revised constitution was proposed. However, this revised constitution was never adopted.
| Characteristics | Values |
|---|---|
| Current Texas Constitution Ratified | 15 February 1876 |
| Previous Constitutions | 1827, 1836, 1845, 1861, 1866, 1869 |
| Attempts at Revision | 1919, 1949, 1957, 1972, 1974, 1975, 1998 |
| Outcome of Attempts | Failed |
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What You'll Learn
The Texas Constitution of 1876
The document begins with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It states that all free men have equal rights and protects the right to habeas corpus. It also forbids religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. Furthermore, it guarantees freedom of speech and the press, the right to bear arms, the right of the accused to obtain bail and be tried by a jury, and the right of citizens to keep and bear arms.
The constitution has imposed limitations on state authority and restricted the legislature's power, which has led to the need for frequent amendments over time. Since 1876, it has been amended hundreds of times, with 216 new sections added and 66 original sections removed. While there have been numerous attempts to revise or replace the constitution, none have succeeded, and it remains the basic organic law of Texas.
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Attempts at revision in the 20th and 21st centuries
The Texas Constitution, which was ratified in 1876, has been the subject of numerous revision attempts in the 20th and 21st centuries. Critics argue that it needs to be reformed to enable more efficient state governance. However, all attempts at significant constitutional revision have failed.
In 1919, voters overwhelmingly rejected the idea of a constitutional convention, with 71,376 opposed and only 23,549 in favour. In 1949, Governor Beauford Jester formed a Citizens Committee on the Constitution to promote revision, but the committee disbanded after failing to persuade the Legislature to act. In 1957, the League of Women Voters and other groups urged the Legislature to take up revision, leading to the Legislative Council conducting a study that found a need for simplification and substantial changes.
The year 1972 saw a constitutional amendment that facilitated the formation of a constitutional convention, known as the Con-Con. This amendment also established a commission tasked with studying constitutional revision and proposing recommendations. However, these efforts were blocked by opposing forces, including those who rejected any changes and those insisting on a total revision.
Following the 1975 legislature, voters were presented with sweeping constitutional amendments for approval, encompassing annual legislative sessions, a streamlined judicial system, modernised county government, and a more powerful governor limited to two terms. Despite these efforts, the Texas Constitution remains one of the most amended and longest state constitutions in the US.
In December 1998, Senator Bill Ratliff and Representative Rob Junell proposed a new state constitution for Texas, known as the Ratliff-Junell Proposal. Additionally, in anticipation of the Constitutional Convention of 1974, Professor George D. Braden wrote "The Constitution of the State of Texas: An Annotated and Comparative Analysis" to aid the constitutional revision process.
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The 1974 Constitutional Convention
The Texas Constitution has been amended over 500 times since its adoption in 1876, making it one of the most amended state constitutions in the United States. However, attempts to overhaul or replace it entirely have been unsuccessful.
One such attempt was the 1974 Constitutional Convention, also known as the Con-Con. Recognizing the need for a new state constitution, the Sixty-second Texas Legislature passed a resolution in May 1971, calling for the establishment of a constitutional revision commission and for the convening of the Sixty-third Legislature as a constitutional convention in January 1974. The proceeding was to be a limited convention, meaning that the Bill of Rights could not be changed. After a two-thirds vote, the resolution was presented to the voters of Texas as Constitutional Amendment Number 4 on November 7, 1972, and was approved, becoming Article XVII, Section 2 of the Constitution of 1876.
The Sixty-third Legislature established a constitutional revision commission in February 1973 to "study the need for constitutional revision." James F. Ray, who served as executive director of the commission, was appointed executive director of the convention. The convention was originally planned to last ninety days and adjourn on May 31, 1974, but members soon voted by a two-thirds majority to extend that time for sixty days, the maximum allowed, to July 30.
With the legislators as delegates, divisive politics became a major obstacle. One of the most controversial issues was a right-to-work provision in the constitution, which was strongly opposed by labor groups while antilabor factions pressured delegates for support. The convention closed on July 30, 1974, having failed by three votes to produce a document to submit to the voters.
In 1975, the legislature approved a new constitution in the form of eight amendments, which were all defeated by voters except in Duval and Webb counties. In 1979, the legislature placed on the ballot four amendments that originated in the 1974 convention, of which three were approved by voters. One created a single property tax "appraisal district" in each county to provide a uniform appraised value for all property. Another gave the Texas Court of Appeals criminal appellate jurisdiction, and the last gave the Governor of Texas limited authority to remove appointed statewide officials.
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The Con-Con
The Texas Constitution has been amended over 500 times since its adoption in 1876, making it one of the longest and most amended state constitutions in the US. Despite this, numerous attempts to revise or replace it have failed.
One notable attempt was in 1972, when a constitutional amendment allowed the legislature to convene as a constitutional convention, known as the Con-Con. A commission was created to study constitutional revision, and it issued a detailed report with recommendations for reform. However, these efforts were blocked by two opposing groups: the "cockroaches," who opposed any changes to the constitution, and the "revisionists," who only wanted a total revision.
The Constitutional Convention of 1974, also known as the Con-Con, was another significant effort towards revising the Texas Constitution. In anticipation of this convention, Professor George D. Braden wrote "The Constitution of the State of Texas: An Annotated and Comparative Analysis" to aid the constitutional revision process. Unfortunately, the revised constitution proposed by the convention was never adopted.
The most recent attempt mentioned was in 1998, when Senator Bill Ratliff and Representative Rob Junell proposed a new state constitution for Texas, known as the Ratliff-Junell Proposal. However, this proposal also failed to replace the current Texas Constitution, which remains the foundation of Texas government today.
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The Ratliff-Junell Proposal
The Texas Constitution, which was adopted in 1876, has been amended over 500 times and is one of the longest and most amended state constitutions in the US. However, critics argue that the Texas Constitution needs reform to provide a more efficient state government.
In this context, Senator Bill Ratliff and Representative Rob Junell proposed a new state constitution for Texas in December 1998, known as the Ratliff-Junell Proposal. This proposal renewed a discussion that began and was largely abandoned in the 1970s. The 62nd Legislature in 1971 proposed a constitutional convention for the revision of the Texas Constitution, which the voters approved in November 1972. The 63rd Legislature in 1973 formed the Constitutional Revision Commission, which reported its recommendations to the legislature in November 1973. The 63rd Legislature convened as a constitutional convention on January 8, 1974, but it dissolved on July 30, 1974, failing to get the required two-thirds vote for a new constitution.
The proposed changes to the legislative branch included term limits for legislative members, extending the terms for state senators from four to six years, and for state representatives from two to four years. It also included salary increases for the lieutenant governor. The proposed revision consisted of approximately 19,000 words, excluding temporary transitional provisions, making it significantly shorter than the current constitution.
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Frequently asked questions
The first Texas Constitution was drafted in 1827 while Texas was still part of Mexico.
The Texas Constitution has been amended over 500 times since its adoption in 1876.
The most recent attempt to revise the Texas Constitution was in 1974, which was preceded by a constitutional amendment in 1972.
The Texas Constitution of 1876 imposed several limitations on state authority, which led to the need for frequent amendments to address emerging state needs.
No, all attempts to revise the Texas Constitution have failed.
