Eleanor Finch
The Texas Constitution, which is the second-longest state constitution in the US, has been amended several times since its adoption in 1876. It contains provisions that are unique to Texas, influenced by its history and culture, including those related to land titles, water rights, and judicial procedures. The constitution outlines the rights of Texans, such as freedom of speech and press, and defines the powers of the state government, including the legislative, executive, and judicial branches. The Texas Constitution has undergone numerous changes, including the expansion of the public school system and the establishment of the University of Texas. It is worth noting that Texas has had six constitutions since its independence from Mexico in 1836.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Number of constitutions since independence from Mexico in 1836 | 6 |
| Number of constitutional amendments proposed from 1876 to 2024 | 714 |
| Number of sections in Article 1 (Texas Bill of Rights) originally | 29 |
| Number of sections added to Article 1 | 5 |
| Number of sub-sections in Section 49 (State Debts) | 30 |
| Maximum number of members in the House of Representatives | 150 |
| Number of members in the Senate | 31 |
| Salary of members of the Legislature | $600 per month |
| Number of sections prohibiting state recognition of same-sex marriage | 1 (Section 32, added in 2005) |
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What You'll Learn
The Texas Constitution of 1876
The 1876 Constitution began with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It asserted that all free men have equal rights and that the writ of habeas corpus could not be suspended or delayed. It prohibited religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. The constitution guaranteed freedom of speech and the press, the right to bear arms, the right to bail, and the right to a jury trial.
The legislative article of the constitution outlined the powers and limitations of the legislature in great detail. It established a bicameral legislature with a Senate of 31 members and a House of Representatives not exceeding 150 members. The document also authorized the legislature to levy a poll tax of one dollar on males between 21 and 60 years old and set aside proceeds from land grants and sales for education. It abolished the office of the state superintendent, established a board of education, and provided for the establishment of the University of Texas.
Since its adoption, the Texas Constitution of 1876 has undergone numerous amendments. Changes have been made to articles on the judiciary, public education, and the state's financial system. The constitution has been criticised for its complexity and frequent amendment needs, but it remains the basic organic law of Texas, reflecting the state's unique history and values.
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The legislative department
The Texas Constitution, formed in 1876, is the second-longest state constitution in the United States. It is also the third-most amended state constitution. The legislative department, outlined in Article 3, defines the powers and limitations of the legislature in great detail.
The Texas Constitution of 1876 began with a lengthy bill of rights, which was originally composed of 29 sections, with five additional sections added since. Article 1 serves as its bill of rights, with Section 12 recognising the writ of habeas corpus as an unqualified right and prohibiting its suspension under any circumstances. The bill of rights also forbids religious tests for office, except for the acknowledgement of a Supreme Being, unreasonable searches, and imprisonment for debt. It guarantees liberty of speech and press, the right of the accused to obtain bail and to be tried by a jury, and the right of citizens to keep and bear arms.
The legislative article also defined the composition of the legislature, which was to be composed of two houses: a Senate of 31 members and a House of Representatives with a maximum of 150 members. The legislative department outlines that two-thirds of each House constitutes a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members. Each House may determine the rules of its own proceedings, punish members for disorderly conduct, and expel a member with two-thirds consent. Importantly, a member cannot be expelled twice for the same offence.
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The judiciary
The Texas Constitution has been amended several times since Texas gained independence from Mexico in 1836. The Constitution of 1876, which remains the basic organic law of Texas, includes provisions dealing with judicial procedures.
Article 2 of the Texas Constitution provides for the separation of powers of the legislative, executive, and judicial branches of the state government, prohibiting each branch from exercising powers that "properly belong to either of the others".
Changes to the article on the judiciary have been extensive, resulting in a near-complete rewrite. The Constitution of 1876 provided for the establishment of the University of Texas and abolished the office of state superintendent. It founded a board of education composed of the governor, comptroller, and secretary of state, eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes.
The Texas Constitution's Bill of Rights guarantees that individuals detained before trial are eligible for bail by sufficient sureties, with exceptions for capital offenses and other limited circumstances defined by law. It also includes a provision requiring officeholders to "acknowledge the existence of a Supreme Being", which may be legally vulnerable under federal precedent.
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Public education
The Texas Constitution has been governed by six constitutions since the state gained independence from Mexico in 1836. The current constitution, the Constitution of 1876, contains provisions that are unique to Texas, including sections on public education.
The Constitution of 1876 provided for the establishment of the University of Texas and abolished the office of the state superintendent. It founded a board of education composed of the governor, comptroller, and secretary of state, and eliminated compulsory school attendance. The constitution also provided for segregated schools and did not include provisions for local school taxes.
Alterations have been made to the provisions relating to public education, removing original limitations and permitting the expansion of the public school system. The Texas Constitution guarantees liberty of speech and press, and the right of citizens to keep and bear arms.
The Texas Constitution also includes a bill of rights, which declares that Texas is a free and independent state, subject only to the Constitution of the United States. It states that all free men have equal rights and forbids religious tests for office, except for the acknowledgement of a Supreme Being. The bill of rights also prohibits unreasonable searches and guarantees the right of the accused to obtain bail and be tried by a jury.
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Same-sex marriage
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. It contains provisions that are unique to Texas, some of which may be traced to Spanish and Mexican influence.
In terms of same-sex marriage, there is a complex history of legal challenges and rulings. The first bill to legalize same-sex marriage was introduced in 1993 by Representative Glen Maxey, but it was not until 2015 that same-sex marriage became legal in Texas. This was after the U.S. Supreme Court issued its decision in Obergefell v. Hodges, which required all states to issue marriage licenses to same-sex couples.
Despite this ruling, there have been continued attempts to challenge the legality of same-sex marriage in Texas. In June 2017, the Texas Supreme Court ruled in Pidgeon v. Turner that while same-sex marriage was legal, there was still room for state courts to explore the "reach and ramifications" of the Obergefell decision. This case was dismissed by a Houston court in February 2019, but it continues to face legal challenges.
In addition, there are three federally recognized Native American tribes in Texas that have not legalized same-sex marriage. The Tribal Code of the Alabama-Coushatta Tribe defines marriage as between a man and a woman, and the Kickapoo Traditional Tribe of Texas defines marriage as a "consent relationship between a man and a woman."
However, same-sex marriages performed in another state must be recognized by Texas due to the federal Respect for Marriage Act, passed in December 2022. This law provides statutory authority for same-sex marriages and requires all states to recognize these marriages, although it does not mandate the issuance of same-sex marriage licenses.
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Frequently asked questions
Texas has had six constitutions since its independence from Mexico in 1836.
The Texas Constitution of 1876 began with a lengthy bill of rights, including the declaration that Texas was a free and independent state, that all free men have equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed. It also forbade religious tests for office, unreasonable searches, and imprisonment for debt, and guaranteed liberty of speech and press, the right of the accused to obtain bail and to be tried by a jury, and the right of citizens to keep and bear arms.
The Texas Constitution has undergone numerous amendments since its inception. For example, changes to the article on the judiciary have been substantial, with provisions relating to public education being altered to remove original limitations and permit the expansion of the public school system. In addition, sections relating to the state's financial system have been amended to allow for the adoption of new expenditure programs and the exploration of new revenue sources.
