Omar Bennett
Texas has had seven constitutions throughout its history, with the current one being adopted on February 15, 1876. This constitution is the second-longest state constitution in the US and is also the third-most amended, with nearly 500 amendments proposed between 1876 and 2024. The first Texas constitution was adopted in 1827, when Texas was still part of Mexico. The constitutions that followed were adopted in 1836, 1845, 1861, 1866, and 1869. Texas' constitution is notable for its length and the ease with which it can be amended, covering a wide range of topics such as local government, taxes, and private property rights.
| Characteristics | Values |
|---|---|
| Number of Texas Constitutions | 7 |
| Date of the first Texas Constitution | 1827 |
| Date of the current Texas Constitution | 15 February 1876 |
| Number of amendments to the Texas Constitution | 500+ |
| Number of amendments proposed by the Texas Legislature from 1876 to 2024 | 714 |
| Number of amendments approved by the electorate from 1876 to 2024 | 530 |
| Number of amendments defeated from 1876 to 2024 | 181 |
| Number of amendments that never made it on the ballot from 1876 to 2024 | 3 |
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What You'll Learn
Texas' constitution is one of the US's largest
The Texas Constitution is one of the largest state constitutions in the US. It has been amended 498 times as of 2019, and its length and ease of amendment mean that it functions more as an adjunct to statutes than a static set of governing principles. It is a dynamic, living document designed to be changed to reflect the growth and development of the state.
The Texas Constitution is second only to the US Constitution as the foundational governing document of the State of Texas. All Texas laws and regulations must comply with the Constitution or risk being invalidated by the state courts. The Constitution includes a lot of very specific topics, such as local government, taxes, and private property rights, that many other states leave to their legislatures.
The drafters of the Texas Constitution recognized that this high level of detail meant that the Constitution could easily become outdated and would need to be changed to keep up with society. For example, in 1969, 56 separate obsolete provisions were repealed. In 1971, an Amendment was passed that called for the Legislature to meet in January 1974 for 90 days to draft a new state Constitution. However, even with an additional 60 days added to the session, the convention failed by three votes to propose a new constitution.
The Texas Constitution has a unique history, and Texas has chosen to protect specific topics in the strongest way possible. The 1876 Constitution, for instance, established the pattern of a long, restrictive document intended to act as a check on state government power. It substantially restricted the governor's powers and went into great detail on many relatively minor issues to prevent state officials from taking advantage of vague language to usurp local governance. It also created the state's unusual double supreme court system. This Constitution, in greatly amended form, is still in effect today.
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It's been amended nearly 500 times
Texas has had seven constitutions throughout its history. The current one, adopted in 1876, is the second-longest state constitution in the US, exceeded only by Alabama's. It is also the third-most amended state constitution, with nearly 500 amendments.
The Texas Constitution is notable for its length and the ease with which it can be amended. The drafters of the constitution recognised that the high level of detail meant that the document could easily become outdated, so they made it simple to amend. The constitution includes specific topics that many other states leave to their legislatures, such as local government, taxes, and private property rights.
The Texas Constitution is highly restrictive, stipulating that the state of Texas has only the powers explicitly granted to it. It includes a lengthy and detailed bill of rights, which is incorporated directly into the text of the constitution as Article I. The bill of rights outlines specific, fundamental limitations on the power of the state government. For example, the Texas Bill of Rights includes provisions that are unique to Texas, such as recognising the writ of habeas corpus as an unqualified right and prohibiting its suspension under any circumstances.
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 large number of amendments is due to the document's highly restrictive nature and the ease with which it can be amended.
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It includes topics like local government and taxes
The Texas Constitution, originally composed of 29 sections, has been amended several times since its inception, with additions and changes made to address specific issues and adapt to evolving circumstances. One of the key areas addressed in these amendments is the relationship between local governments and taxes.
Article 8 of the Texas Constitution places restrictions on the ability of the Legislature and local governments to impose taxes. Most of these limitations pertain to local property taxes, with Section 1-e explicitly prohibiting statewide property taxes. An amendment created a single property tax "appraisal district" in each county, ensuring uniform assessment across all taxing authorities. This streamlined process replaced the previous system, where each taxing authority conducted individual assessments, often resulting in dissimilar values.
The constitution has also been amended to address other tax-related matters. In 2019, an amendment was added to ban any future income tax in Texas, requiring a 2/3 majority vote of the legislature to repeal the ban. This amendment replaced the previous requirement, which mandated a simple majority vote for adding the question of a future income tax to a referendum. Additionally, in May 2006, the Legislature substituted the existing franchise tax with a gross receipts tax.
The Texas Constitution also includes provisions that impact local governments beyond taxation. Article 9, for instance, outlines the rules for creating counties and determining the location of county seats. It also includes provisions for establishing county-wide hospital districts in specific counties and addresses matters related to airports and mental health. Furthermore, Article 10 declares railroads as "public highways" and railroad carriers as "common carriers."
The Texas Constitution's amendments demonstrate the state's commitment to clarifying the roles and responsibilities of local governments and maintaining a balanced approach to taxation. These changes ensure that the constitution remains adaptable to the evolving needs of Texas while upholding the principles of limited government intervention and fiscal responsibility.
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It was redrafted when Texas joined the US
Texas has had seven constitutions in its history. The first was adopted in 1827 when Texas was still part of Mexico. The second was adopted in 1836, the year of the Texas Revolution and the birth of the Republic of Texas. This constitution was never amended and was only in effect for a few years before Texas joined the United States.
In 1845, Texas redrafted its constitution when it joined the United States. This new constitution was longer and more detailed, and it is notable for creating Texas' free public school system and school funding system. It was also amended to reflect Texas' membership in the Confederacy when Texas seceded from the Union.
The 1845 Constitution was replaced by a temporary constitution in 1866, at the end of the American Civil War when Texas was under federal jurisdiction. This was replaced by the 1869 Constitution, which was then replaced by the 1876 Constitution, which is still in effect today, albeit in a greatly amended form.
The Texas Constitution is one of the largest state constitutions in the US, and it has been amended nearly 500 times. It is notable for including a lot of very specific topics, such as local government, taxes, and private property rights, that many other states leave to their legislatures. The drafters of the Texas Constitution recognized that this high level of detail meant that the document could easily become outdated, so they made it easy to amend.
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It's been in effect since February 15, 1876
Texas has had several constitutions throughout its history. The current Texas Constitution, which has been in effect since February 15, 1876, is the seventh in the state's history. It is the second-longest state constitution in the US and is also the third-most amended state constitution.
The Texas Constitution was drafted to be easily amendable due to its highly restrictive nature. The constitution stipulates that the state of Texas has only those powers explicitly granted to it. This is in contrast to many other state constitutions, which include a Necessary and Proper Clause. The Texas Constitution also explicitly provides for the separation of powers and incorporates a detailed bill of rights directly into the text of the constitution (as Article I).
The bill of rights in the Texas Constitution includes many rights similar to those found in the US Bill of Rights, such as the right to worship God according to one's conscience and freedom of speech and of the press. However, it also contains several provisions that are unique to Texas. For example, it recognises the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances.
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 Texas Constitution has been amended nearly 500 times, more than all states except Alabama and California. This has resulted in the constitution functioning more as an adjunct to the statutes than a static set of governing principles.
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Frequently asked questions
The first Texas Constitution was written in 1827 while Texas was still part of Mexico.
There have been seven Texas Constitutions in total.
The current Texas Constitution was adopted on February 15, 1876.
The Texas Constitution is the second-longest state constitution in the US. Only Alabama's is longer.
From 1876 to 2024, 714 amendments were proposed, of which 530 were approved. Overall, the Texas Constitution has been amended nearly 500 times.
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