Malcolm Rivera
The Texas Constitution is the second-longest state constitution in the United States and is still being amended. The current version was adopted on February 15, 1876, and since then, 714 amendments have been proposed, 530 of which have been approved by voters. The Texas Constitution provides a mechanism for amending the state's constitution through legislatively referred constitutional amendments, which require a simple majority vote for approval. The most recent amendment was in 2003, when two sub-sections were added to Article 8, which deals with State Debts and restricts the ability of the Legislature to incur debt.
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What You'll Learn
Texas Constitution's Bill of Rights
The Texas Constitution, first adopted in 1876, is one of the longest in the United States and is still regularly amended, with 714 amendments proposed as of 2024. The Texas Constitution's Bill of Rights is contained within Article I of the document. Article I originally consisted of 29 sections, 15 of which have since been added, bringing the total to 44. None of the original or added sections have ever been repealed.
The Texas Bill of Rights includes many rights similar to those found in the US Bill of Rights, but it is notably more detailed and contains several provisions that are unique to Texas. For example, Section 12 of the Texas Bill of Rights recognises the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances. In contrast, the US Constitution allows for suspension "in Cases of Rebellion or Invasion when the public safety may require it."
Section 1 of the Texas Bill of Rights establishes Texas as a "free and independent State, subject only to the Constitution of the United States." It also affirms the importance of maintaining local self-government and preserving the right to alter, reform, or abolish the government as deemed necessary by the people.
Other sections within the Texas Bill of Rights cover a range of topics, including the right to trial by jury (Section 15), freedom of religion and conscience (Section 10), and the right of citizens to assemble peaceably and petition the government for redress (Section 27).
The Texas Constitution's highly restrictive nature has resulted in numerous amendments over the years. The constitution stipulates that the state of Texas only has the powers explicitly granted to it, and it lacks a counterpart to the federal Necessary and Proper Clause.
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Amendments since 1876
The Texas Constitution, which was ratified in 1876, is the seventh constitution in the state's history. It is one of the longest in the US and has been amended frequently. From 1876 until 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by voters, 181 were defeated, and three never made it to the ballot.
The Texas Constitution is highly restrictive and stipulates that the state of Texas has only those powers explicitly granted to it. It provides for the separation of powers and incorporates a detailed bill of rights (with five additional sections added since its inception) that includes provisions not in the federal Constitution. For example, Section 12 of the Texas Bill of Rights recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension, which differs from the federal Constitution, which allows suspension in cases of "rebellion or invasion".
The Texas Constitution has been amended over 500 times since 1876, making it one of the most amended state constitutions in the US. The large number of amendments is due to its restrictive nature, and the process of amending it is prescribed by Article 17, which requires voter approval.
Some notable amendments include the addition of a separate section to Article 17 in 1974, which was repealed in 1999, and amendments to Section 49 ("State Debts") to allow the legislature to incur debt for purposes not originally stated in the Constitution.
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Limitations on state government power
The current Texas Constitution, the seventh in the state's history, was adopted on February 15, 1876. It is the second-longest state constitution in the US and one of the most amended. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved, 181 were defeated, and three never made it to the ballot.
The Texas Constitution of 1876 reflects a deep mistrust of government power. It imposes several limitations on state authority, fragments executive power, and restricts the legislature's ability to act outside narrow boundaries. The constitution stipulates that the state of Texas has only those powers explicitly granted to it, with no counterpart to the federal Necessary and Proper Clause.
Article 1 of the Texas Constitution, also known as the Texas Bill of Rights, serves as a bill of rights for the state's citizens. While it includes many rights similar to those in the US Bill of Rights, it is more detailed and contains provisions unique to Texas. Importantly, the protections offered by the Texas Bill of Rights apply solely to actions by the Texas government. For instance, Section 12 of the Texas Constitution recognises the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances, which differs from the US Constitution, which allows suspension in cases of rebellion or invasion.
Additionally, Section 49 ("State Debts") limits the power of the Legislature to incur debt only for specific purposes stated in the Constitution. To incur debt for other purposes, numerous amendments to this section have been added and voted upon by the people. Furthermore, Section 8 of Article 1 prohibits the granting of titles of nobility or hereditary distinctions by the state, ensuring that all citizens are treated equally regardless of birthright.
The Texas Constitution also provides for the separation of powers between the legislative, executive, and judicial branches of the state government, prohibiting each branch from encroaching on the powers of the others.
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Texas Constitution's length
The Texas Constitution has a long and complex history, with numerous amendments and revisions over the years. As of 2023, the Texas Constitution is the second-longest constitution still in use in the world, containing a preamble, fourteen articles, and a set of temporary provisions. The document has been amended 512 times since its original ratification in 1876, with the most recent amendment taking place in November 2021.
The length of the Texas Constitution is due in part to its detailed and specific nature. Unlike the US Constitution, which is a more concise document with broad provisions that have been interpreted and applied over time, the Texas Constitution is far more comprehensive. It lays out the structure and function of the state government in significant detail, covering a wide range of topics and issues.
One of the key reasons for the length of the Texas Constitution is its focus on limiting governmental powers. The document includes numerous restrictions and prohibitions on the powers of the state government, as well as protections for individual rights and liberties. These provisions are often very specific, addressing particular concerns or issues that have arisen in the state's history.
For example, the Texas Constitution includes a wide range of provisions relating to taxation and finance, public education, local government powers, and the protection of natural resources. It also contains a bill of rights, which guarantees certain fundamental rights to the state's citizens, such as freedom of speech, religion, and assembly, as well as the right to keep and bear arms.
The length of the Texas Constitution has been a subject of debate and discussion over the years, with some arguing that it is overly detailed and cumbersome, while others defend its comprehensive nature as a necessary safeguard against governmental overreach. While the document has been amended numerous times, there have also been periodic calls for a complete overhaul and the drafting of a new constitution, though these efforts have not gained sufficient momentum.
In conclusion, the Texas Constitution is a lengthy and detailed document that reflects the state's unique history and priorities. Its length is a result of its specific provisions, restrictions on governmental powers, and comprehensive coverage of a wide range of topics. While the document has been amended many times, it continues to serve as the foundation of Texas's system of government and a reflection of the values and principles held by its citizens.
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Taxation and revenue
The Texas Constitution, first adopted in 1876, is one of the longest in the US and has been amended numerous times. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, 530 of which were approved by voters.
Article VIII of the Texas Constitution is dedicated to "Taxation and Revenue". This article includes provisions on various taxation and revenue-related matters, such as:
Ad Valorem Taxes
Section 1-g, added in 1981, authorises cities, towns, and other taxing units to grant relief from ad valorem taxes on property located in a reinvestment zone to encourage development or redevelopment. Section 6 of the 1876 Constitution prohibits the withdrawal of money from the treasury except in pursuance of specific appropriations made by law and limits appropriations to a maximum of two years.
Property Tax Exemptions
Section 1-b establishes a $3,000 residence homestead tax exemption for married or unmarried adults. Section 11 of the 1876 Constitution mandates that railroad companies' property within city limits is subject to municipal taxation.
State Debts
Section 49, the largest section within Article VIII, addresses state debts and includes 30 sub-sections. It restricts the legislature's ability to incur debt to specific purposes stated in the Constitution.
Appraisal and Equalisation
Section 18 requires the legislature to equalise the valuation of all property subject to taxation and allows for the classification of lands by value across counties. Section 9, added in 1978, prohibits statewide appraisal of real property for ad valorem tax purposes but permits formula distribution of tax revenues to state political subdivisions.
Legislative Power
Section 17 clarifies that specifying objects and subjects of taxation does not limit the legislature's power to require other subjects to be taxed, provided it aligns with constitutional taxation principles.
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Frequently asked questions
The Texas Constitution is one of the longest in the US and is still a work in progress. As of 2024, the Texas Legislature had proposed 714 amendments, of which 530 were approved, 181 were defeated, and three never made it to the ballot. The last amendment was likely added in 2003, with two sub-sections added to Article 49 ("State Debts").
The two sub-sections added to Article 49 in 2003 further limited the power of the Legislature to incur debt, only allowing it for specific purposes as stated in the Constitution.
The Texas Constitution provides a single mechanism for amending the state's constitution: legislatively referred constitutional amendments. A simple majority vote (50% plus one) is required for voters to approve constitutional amendments.
The Texas Constitution is the second-longest state constitution in the US, after Alabama, and is the third-most amended, after Alabama and California.
The Texas Constitution stipulates that the state of Texas has only the powers explicitly granted to it, while the US Constitution has the Necessary and Proper Clause. The Texas Bill of Rights also differs from the US Bill of Rights in that it recognises the writ of habeas corpus as an unqualified right that cannot be suspended under any circumstances.
