Eleanor Finch
The Texas Constitution has gone through several iterations since the state's independence from Mexico in 1836. The current version, adopted in 1876, is the sixth constitution by which Texas has been governed and is the second-longest state constitution in the US. It is also one of the most amended, with nearly 500 amendments since 1876, reflecting the state's unique history and desire to protect specific topics in the strongest way possible. The Texas Constitution includes provisions on a wide range of topics, including local government, taxes, private property rights, land titles and law, debtor relief, judicial procedures, marital relations, adoption, and water and mineral rights. The constitution also establishes a bill of rights, guaranteeing equal rights, freedom of religion, and the right to hunt and fish, among other protections.
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What You'll Learn
Texas has no income tax
Texas is one of nine US states with no personal income tax. The Texas Constitution forbids personal income taxes, and Texas has never had a personal income tax. In 2019, the constitution was amended to ban any future income tax, requiring a two-thirds majority in the legislature to repeal the ban. Instead of collecting income taxes, Texas relies on high sales and use taxes, including retail sales, services, and rented or leased goods, which are taxed at 6.25% statewide. Local sales tax rates can be as high as 2%, bringing the combined sales tax rate to 8.2% on average. Texas also has high property taxes, with an average rate of 1.47% of a home's assessed value in 2022, the seventh-highest in the country.
The absence of a personal income tax in Texas means that residents do not file returns for state income taxes. However, they may still be subject to other taxes, such as federal taxes on a portion of their Social Security benefits, depending on their "provisional income." Up to 50% of benefits are taxed if an individual's provisional income is between $25,001 and $34,000, or between $32,001 and $44,000 for joint filers. If provisional income exceeds $34,000 for individuals or $44,000 for couples, up to 85% of benefits are taxed. Additionally, Texas taxes personal property, such as vehicles, if they are used to generate income.
The impact of Texas's lack of income tax extends beyond its residents. The state's tax structure, particularly its treatment of international income, has led to tax increases and a revised tax base that differs significantly from the federal model. This demonstrates how state-specific factors, such as Texas's constitutional ban on income tax, can shape the overall tax landscape within the US.
While avoiding income taxes may seem advantageous, there are often trade-offs. States without income tax typically rely on other sources of revenue, such as high sales or property taxes. In Texas, the combination of high sales and property taxes can impact residents' budgets and financial planning. Therefore, individuals considering a move to Texas or any other state with no income tax should carefully evaluate the overall tax structure to understand how it will affect their financial situation. Consulting a financial advisor can be beneficial in navigating these complexities and making informed decisions.
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Right to hunt, fish and harvest wildlife
The Texas Constitution, first adopted in 1876, is the second-longest state constitution in the US. It has been amended numerous times, with 530 out of 714 proposed amendments being approved by the electorate.
In 2015, Texas voters approved Proposition 6, also known as the Right to Hunt, Fish and Harvest Amendment. This amendment added a Section 34 to Article 1 of the Texas Constitution, which states:
> "The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing. Hunting and fishing are preferred methods of managing and controlling wildlife. This section does not affect any provision of law relating to trespass, property rights, or eminent domain. This section does not affect the power of the legislature to authorize a municipality to regulate the discharge of a weapon in a populated area in the interest of public safety."
Proponents of the amendment argued that it would protect Texas's outdoor heritage for future generations of hunters and anglers and ensure the continuation of a responsible use of natural resources. Critics, such as PETA, labelled hunting a "bloody pastime" and argued that there was no good reason for it.
Texas was the 22nd state to include such a right in its constitution, with Vermont being the first in 1777. As of 2023, 23 states have constitutional provisions protecting the right to hunt and fish.
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Water development bonds
The TWDB was established through a legislative act and a constitutional amendment, which received approval from Texas voters. This amendment authorised the TWDB to issue $200 million in State of Texas General Obligation Water Development Bonds. These bonds serve the critical purpose of conserving and developing Texas' water resources through loans provided to political subdivisions.
The TWDB's mission is to spearhead efforts in securing a sustainable water future for Texas and its citizens. This mission aligns with the state's overarching vision of maintaining the viability of its natural resources, fostering economic development, and safeguarding public health. The TWDB is empowered to issue bonds without repeatedly seeking costly constitutional amendments, thanks to the Senate Bill 660 (82nd Legislative Session) and the subsequent approval of Proposition 2 by voters.
The TWDB has published various State Water Plans, including those in 2007, 2012, and 2017, reflecting its dedication to effective water planning. The 2017 plan, in particular, marked a new era by integrating online data, offering Texans unprecedented access to information about water planning. Additionally, the SWIFT program was introduced to expedite state water plan projects by offering financial assistance, leveraging a $2 billion appropriation with revenue bonds to finance water supply projects over the next 50 years.
Texas has a comprehensive legal framework for water development bonds, as outlined in Chapters 6 and 1474 of the state's Water Code. These chapters delineate the roles and responsibilities of the TWDB, including the administration of water assistance and financing programs, as well as the authority to issue bonds for various water-related improvements and irrigation purposes. This ensures that Texas can effectively address its water-related challenges and secure its water future.
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Land titles and land law
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it gained independence from Mexico in 1836. It contains provisions that are unique to Texas, including sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
Article XIII of the Texas Constitution of 1876 is dedicated to Spanish and Mexican Land Titles. It outlines that any claim to land in Texas made before November 13, 1835, must be duly recorded in the relevant county or archived in the General Land Office to be considered valid. This article also addresses the non-payment of taxes on land claims, stating that failure to pay taxes on a land claim from November 18, 1835, to the date of the constitution's adoption results in the presumption that the rights to the land have reverted to the state.
Article XIV of the Texas Constitution of 1876, the Public Lands and Land Office article, establishes the General Land Office as the central registry for all land titles in the state. It mandates that all unsatisfied genuine land certificates be surveyed and returned to the General Land Office within five years of the constitution's adoption, or they will be barred. This article also addresses the validation of land grants originating from the Spanish or Mexican governments, allowing additional time for claimants to complete surveys and return field notes to the General Land Office.
The Texas Constitution has been amended numerous times since 1876, with over 530 amendments approved by the electorate as of 2024. While some amendments address specific issues, others aim to revise or replace the existing constitution due to its unwieldiness and restrictive nature. Despite these challenges, the Texas Constitution remains the basic organic law of the state, shaping land law and other critical aspects of governance and society in Texas.
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Separation of powers
The Texas Constitution, first adopted in 1876, is the second-longest state constitution in the United States and the third-most amended. It is also one of the most restrictive state constitutions, stipulating that the state of Texas has only the powers explicitly granted to it.
The Texas Constitution explicitly provides for the separation of powers and incorporates a Bill of Rights, which is notably more detailed than the federal Bill of Rights. The Texas Bill of Rights applies solely to actions by the Texas government and includes some provisions not included in the federal Constitution.
The Texas Constitution has been amended numerous times to reflect the state's unique history and evolving needs. For example, in 2019, it was amended to ban any future income tax, requiring a 2/3 majority vote in the legislature to repeal the ban. The constitution also includes provisions related to local government, taxes, and private property rights, which are typically left to state legislatures in other states.
The Texas Constitution has been criticised for its unwieldiness and has undergone several attempts at revision. In 1969, 56 obsolete provisions were repealed, and in 1971, an amendment was passed to draft a new constitution, but it failed by three votes. The document's highly specific nature means it functions more as an adjunct to statutes than a static set of governing principles.
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Frequently asked questions
The Texas Constitution is the basic organic law of Texas, outlining the fundamental laws by which the state is governed. It is one of the largest state constitutions in the US and has been amended nearly 500 times.
The Texas Constitution includes several provisions unique to the state, influenced by its history and culture. These include sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. It also recognises the right to hunt, fish, and harvest wildlife, and prohibits the suspension of the writ of habeas corpus.
The Texas Constitution has evolved through several versions since the state's independence from Mexico in 1836. The current constitution, adopted in 1876, is the seventh iteration. Amendments are common due to the document's highly restrictive nature and the state's desire to protect specific topics.
The Texas Constitution has been amended numerous times to address various issues. For example, in 2019, it was amended to ban any future income tax. In 1969, 56 obsolete provisions were repealed, and in 1972, an amendment was passed to draft a new constitution, which ultimately failed by three votes.
