Isabella Carter
The Texas Constitution is the second-longest state constitution in the United States and the third-most amended. It outlines the powers and duties of the Governor, Lieutenant Governor, Secretary of State, Comptroller, Commissioner of the General Land Office, and Attorney General. The Governor has a qualified negative on all bills passed by the Legislature, which can be overridden by two-thirds of both Houses. The Texas Constitution also covers the composition, powers, and jurisdiction of the state's Supreme Court, Court of Criminal Appeals, and other courts. It includes a section prohibiting state recognition of same-sex marriage, which became legally unenforceable after the U.S. Supreme Court's decision in Obergefell v. Hodges. The Texas Constitution has had numerous amendments and proposed amendments, with the only method of amending it being through the Legislature and subject to voter approval.
| Characteristics | Values |
|---|---|
| Length | Second-longest state constitution in the US |
| Amendments | Third-most amended state constitution |
| Amendment method | Via the Legislature, subject to voter approval |
| Amendment notification | Requires the publication of a notice in officially approved newspapers, with each amendment summarised and described |
| Amendment notification | Requires the full text of each amendment to be posted at each county courthouse at least 50 days before the election |
| Governor | Must be at least 30 years old, a US citizen, and have resided in the state for at least 5 years |
| Governor | Prohibited from holding any other office during tenure |
| Governor | Is the "Chief Executive Officer of the State" and "Commander in Chief of the military forces of the State" |
| Lieutenant Governor | Assumes power of Governor when the Governor travels outside the state or is impeached |
| Secretary of State | Appointed by the Governor, with the advice and consent of the Senate |
| Supreme Court | Composition, powers, and jurisdiction described in Article 5 |
| Same-sex marriage | Prohibited by Section 32, added in 2005 (now legally unenforceable) |
| Public officeholders | Must "acknowledge the existence of a Supreme Being" |
| Legislative Department | Texas Water Development Fund may be used for water conservation and development |
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What You'll Learn
Texas Constitution amendments
The Texas Constitution has had a large number of amendments since its inception, and is the third-most amended state constitution in the US. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments. The only method of amending the Constitution is via the Legislature, subject to voter approval.
The Texas Constitution outlines the powers and duties of the Governor, Lieutenant Governor, Secretary of State, Comptroller, Commissioner of the General Land Office, and Attorney General. The Governor has a qualified negative on all bills passed by the Legislature, which may be overridden by two-thirds of both Houses. The Lieutenant Governor automatically assumes the power of Governor if and when the Governor travels outside the state, or is subject to impeachment.
Article 3 of the Texas Constitution establishes the Legislative Department. It includes provisions for the use of the Texas Water Development Fund for water conservation and development, and for the prohibition of lotteries and gift enterprises in the state, except for charitable bingo, charitable raffles, and state lotteries.
Article 4 of the Texas Constitution describes the powers and duties of several key officials, including the Governor, who is the "Chief Executive Officer of the State" and the "Commander in Chief of the military forces of the State". The Governor is prohibited from holding any other office during their tenure.
Article 5 outlines the composition, powers, and jurisdiction of the state's Supreme Court, Court of Criminal Appeals, and various lower courts.
Some notable amendments to the Texas Constitution include Section 32, added in 2005, which prohibited state recognition of same-sex marriage, and Section 4, which prohibits religious tests for public officeholders while requiring them to "acknowledge the existence of a Supreme Being".
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Governor's powers
The Governor of Texas is the "
The Governor's legislative powers include calling special sessions of the legislature and submitting topics for legislation at these sessions. They can also recommend measures and submit emergency matters for consideration by the legislature at any time. The Governor can sign or veto legislative acts and veto specific items in itemized, general appropriation bills. The Governor also has the power to declare special elections to fill vacancies in certain elected offices.
The Governor's judicial powers include granting or denying recommendations for clemency and remissions of fines and forfeitures made by the Board of Pardons and Paroles. They can revoke a parole or conditional pardon and grant a thirty-day reprieve in a capital case at their discretion. With the consent of the legislature, the Governor can grant reprieves, commutations of punishment, and pardons in cases of treason.
The Governor also has the power to appoint numerous state officials, with the consent of the Senate, and fill vacancies in state and district offices. They make policy recommendations that lawmakers in both the state House and Senate chambers may sponsor and introduce as bills. The Governor also appoints the Secretary of State, as well as members of boards and commissions who oversee the heads of state agencies and departments.
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Supreme Court and jurisdiction
The Texas Constitution outlines the role of the Supreme Court and its jurisdiction in Article 5, the Judicial Department. The Supreme Court is the highest court in the state, and its primary role is to exercise the state's judicial power and oversee the judicial system.
The jurisdiction of the Supreme Court of Texas is coextensive with the limits of the state. The Court's determinations are final in all cases except criminal law matters, where its appellate jurisdiction does not extend. The Court's jurisdiction also does not include cases where the Constitution or law otherwise stipulates.
The Texas Supreme Court has the power to issue writs of habeas corpus, mandamus, procedendo, certiorari, and other writs necessary to enforce its jurisdiction. The Court can also make rules and regulations for itself and other state courts to regulate proceedings and expedite the dispatch of business. Additionally, the Court can ascertain matters of fact necessary for the proper exercise of its jurisdiction.
The Texas Constitution has been amended numerous times since its inception, and the Legislature is responsible for proposing and passing amendments, subject to voter approval.
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Same-sex marriage
The Texas Constitution has been amended numerous times, with the Texas Legislature proposing 714 constitutional amendments between 1876 and 2024. One notable amendment, Proposition 2, was approved by Texas voters in 2005. This amendment defined marriage as "only [consisting] of the union of one man and one woman" and prohibited state recognition of same-sex marriage.
However, the legality of same-sex marriage in Texas has been the subject of significant legal debate and challenges. In 2013, a lesbian couple married in Massachusetts challenged Texas' same-sex marriage ban in the United States District Court for the Western District of Texas in the case De Leon v. Perry. Judge Orlando Luis Garcia ruled in favor of the plaintiffs, declaring that Texas' ban on same-sex marriage was unconstitutional under the Fourteenth Amendment.
In 2014, Judge Barbara Nellermoe of the 45th Judicial District Court in Bexar County made a similar ruling, stating that Texas' same-sex marriage ban and its refusal to recognize the parental presumption of custody for married same-sex couples were unconstitutional. However, this ruling was later vacated by the Texas Fourth District Court of Appeals.
Despite these legal challenges, same-sex marriage became legal in Texas in 2015 following the U.S. Supreme Court's landmark decision in Obergefell v. Hodges. This ruling required all states to issue marriage licenses to same-sex couples and recognize same-sex marriage as a constitutional right. In 2022, the federal Respect for Marriage Act further protected same-sex marriages by requiring all states to recognize valid same-sex marriages performed in other states.
While same-sex marriage is now legal in Texas, there have been ongoing legal challenges and efforts to explore the "reach and ramifications" of the Obergefell ruling. For example, in 2017, the Texas Supreme Court ruled in Pidgeon v. Turner that while same-sex marriage is legal, there is room for state courts to interpret the implications of the Obergefell decision. Additionally, Texas has three federally recognized Native American tribes that have not legalized same-sex marriage and continue to define marriage as between a man and a woman in their Tribal Codes.
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Legislative Department
Article 3 of the Texas Constitution outlines the powers and responsibilities of the state's Legislative Department. The Legislative Department is responsible for passing laws and overseeing the legislative process in Texas.
One key function of the Legislative Department is the apportionment of the state into senatorial and representative districts. This process, outlined in Section 28, occurs after each United States decennial census. The Legislature is tasked with apportioning the state into districts that agree with the provisions of Sections 25 and 26 of Article 3. If the Legislature fails to make such an apportionment, the task falls to the Legislative Redistricting Board of Texas, which is composed of the Lieutenant Governor, the Speaker of the House of Representatives, the Attorney General, the Comptroller of Public Accounts, and the Commissioner of the General Land Office.
The Legislative Department also has the power to enact laws and pass bills. For example, Section 47 of Article 3 states that the Legislature shall pass laws prohibiting lotteries and gift enterprises in Texas, except for those specifically authorized by the Constitution. Additionally, the Legislature can impose fees, as outlined in Section 8, but these fees must conform to the requirements relating to their collection, deposit, reporting, and remitting.
Another important role of the Legislative Department is its ability to amend the Constitution. According to Article 17, the Legislature can propose amendments, but these amendments must be subject to voter approval. The Constitution outlines specific requirements for notifying the public about elections to approve amendments, including publishing notices in officially approved newspapers and posting the full text of each amendment at county courthouses before the election.
The Legislative Department also has responsibilities related to financial matters. For example, Section 5 outlines the process for creating debt, stating that a proposition must clearly describe the amount, purpose, and source of payment for any debt to be created. The Legislature is also involved in the Texas Water Development Fund, as per Section 7, which allows for the use of the fund for water conservation and development projects within the state.
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Frequently asked questions
The Texas Constitution is a document that outlines the powers and duties of the state's government, including the Governor, Lieutenant Governor, and Secretary of State. It is the second-longest state constitution in the United States.
The Texas Constitution is the third-most amended state constitution in the US, with 714 proposed constitutional amendments between 1876 and 2024.
The Texas Constitution can only be amended via the Legislature, subject to voter approval. A notice of the election must be given, and the full text of each amendment must be posted at each county courthouse at least 50 days before the election date.
Examples include Section 32, added in 2005, which prohibited state recognition of same-sex marriage, and Article 3, which outlines the powers of the Legislative Department, including the use of the Texas Water Development Fund for water conservation and development.
The Governor of Texas must be at least thirty years old, a citizen of the United States, and have resided in the state for at least five years preceding the election. The Governor is prohibited from holding any other office during their tenure and is the "Chief Executive Officer of the State".
