Texas Constitution: Who Holds The Power To Amend?

who amends the texas constitution

The Texas Constitution is the foundational legal document of the State of Texas, outlining the structure and functions of the state government, the rights of citizens, and the limits of state power. It is amended through a process called legislatively referred constitutional amendments. This involves a two-step process: first, the Texas Legislature passes a joint resolution proposing the constitutional amendment with a two-thirds majority, and second, Texas voters approve the amendment with a simple majority in a special election. From 1876 to 2024, 714 constitutional amendments were proposed, with 530 approved by voters, 181 defeated, and three that never made it to the ballot.

Characteristics Values
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 to the ballot from 1876 to 2024 3
Number of times the Texas Constitution has been amended from 1876 to 2019 507
Number of amendments approved by the legislature and placed on the ballot from 1876 to 2019 687
Number of amendments voters approved from 1876 to 2019 507
Number of amendments voters rejected from 1876 to 2019 180
Ratification rate of amendments from 1876 to 2019 74%
Number of original sections of the constitution removed from 1876 to 2019 66
Minimum number of votes in the Texas House of Representatives required to place a constitutional amendment on the ballot 100
Minimum number of votes in the Texas State Senate required to place a constitutional amendment on the ballot 21
Minimum number of votes in the Texas Senate and House of Representatives required to approve proposed amendments Two-thirds
Date of the ballot for two proposed amendments to the Texas Constitution in 2022 May 7, 2022
Number of proposed amendments to the Texas Constitution in 2023 2

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Texas Constitution amendment process

The Texas Constitution is the foundational legal document of the State of Texas, outlining the structure and functions of the state government, the rights of citizens, and the limits of state power. The Texas Constitution is the third-most amended state constitution, with 507 amendments between 1876 and 2019, and a further 27 amendments between 2019 and 2024. The process for amending the constitution is outlined in Article 17 of the constitution and is as follows:

Proposal

Any member of either chamber of the Texas Legislature can introduce a joint resolution proposing a constitutional amendment. A two-thirds majority (66.67%) of the members, or a minimum of 100 members of the Texas House and 21 members of the Texas Senate, must then approve the joint resolution for it to be placed on the ballot. The proposal for submission must be approved by a vote of two-thirds of all members elected to each House, with the yeas and nays entered into the journals.

Election

Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. The date of the elections is specified by the Legislature. If more than one constitutional amendment passes the legislature in a given year, the Texas secretary of state conducts a random drawing to determine the order in which the proposed amendments will appear on the ballot.

Voting

Voters are presented with one or more "propositions" (the proposed amendments) and given the choice to vote for or against each one. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.

Certification

After the votes are cast, the returning officer in each county submits the returns to the Secretary of State. If a majority of the votes cast were in favour of an amendment, it becomes part of the Constitution, and the governor must issue a proclamation to that effect.

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Texas Legislature's role

The Texas Legislature plays a crucial role in amending the state's constitution. The process of amending the Texas Constitution is outlined in Article 17 of the constitution, which was established in 1876. This article provides the mechanism for making changes to the document.

The Texas Legislature has the power to initiate the amendment process by proposing constitutional amendments. Any member of either chamber of the Texas Legislature can introduce a joint resolution proposing an amendment. These joint resolutions do not require the governor's signature and are filed directly with the secretary of state. A two-thirds majority vote is required in both the Texas House of Representatives and the Texas State Senate for an amendment to be placed on the ballot. This amounts to a minimum of 100 votes in the House and 21 votes in the Senate.

Once an amendment is approved by the Legislature, it is referred to the ballot for voters to decide. The Texas Constitution requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. The secretary of state plays a key role in this process, conducting random drawings to determine the order of proposed amendments on the ballot. The secretary of state also sends a copy of the proposed amendment to each county clerk, who must post it in a public place in the courthouse at least 30 days before the election.

The Texas Legislature's role in amending the state constitution is significant, as it has the power to propose changes and refer them to the ballot. However, the ultimate decision lies with the voters of Texas, who must approve the amendments through a majority vote. This ensures that any changes to the Texas Constitution reflect the will of the people and have substantial political and public support.

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Voter approval

The Texas Constitution is the foundational legal document of the State of Texas, outlining the structure and functions of the state government, the rights of citizens, and the limits of state power. It is not meant to be changed without substantial political and public support. The Texas Constitution provides one mechanism for amending the state's constitution—legislatively referred constitutional amendments. Texas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.

The Texas Legislature first passes a joint resolution proposing the constitutional amendment. A majority of Texas voters then approve the amendment in a special election. Any member in either chamber of the Texas Legislature may introduce a joint resolution proposing a constitutional amendment. Two-thirds of the members must then approve the joint resolution (a minimum of 100 members of the Texas House and 21 members of the Texas Senate) for it to be placed on the ballot.

Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. On the ballot, voters are presented with one or more “propositions”—the proposed amendments—and given the choice to vote for or against each one. If a majority of the votes cast were in favour of an amendment, it becomes part of the constitution, and the governor must issue a proclamation to that effect.

From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments. Of those, 530 were approved by the electorate, 181 were defeated, and three never made it on the ballot. Texans have rejected propositions such as increasing the mandatory age of retirement for state judges and justices.

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Ballot propositions

The Texas Constitution is the foundational legal document of the State of Texas. It outlines the structure and functions of the state government, the rights of citizens, and the limits of state power. The Texas Constitution provides one mechanism for amending the state's constitution: legislatively referred constitutional amendments.

The Texas Legislature first passes a joint resolution proposing the constitutional amendment. A two-thirds majority (66.67%) vote is required during a legislative session for the Texas State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate. The amendment may add to, remove from, or modify the text of the constitution.

Once an amendment has been placed on the ballot, Texans will have the opportunity to approve the amendment with a majority vote (50% plus 1). Voters are presented with one or more "propositions" - the proposed amendments - and given the choice to vote for or against each one. If a majority of the votes cast are in favor of an amendment, it shall become part of the Constitution, and the governor must issue a proclamation to that effect.

For example, during the May 7, 2022, Constitutional Amendment Election, Texans voted on two proposed amendments to the Texas Constitution. One of the ballot propositions was to increase the amount of the residence homestead exemption from property taxes for public school purposes from $25,000 to $40,000. Texans voted in favor of this amendment, and the governor subsequently issued a proclamation to that effect.

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Ratification rate

The Texas Constitution is the foundational legal document of the State of Texas, outlining the structure and functions of the state government, the rights of citizens, and the limits of state power. It is not meant to be changed without substantial political and public support.

The Texas Constitution provides one mechanism for amending the state's constitution—legislatively referred constitutional amendments. Texas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. That means a minimum of 100 members of the Texas House and 21 members of the Texas Senate.

From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments. Of those, 530 were approved by the electorate, 181 were defeated, and three never made it on the ballot. This amounts to a ratification rate of 74% (507 approved amendments out of 687 proposed amendments).

Constitutional amendment elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature. For instance, the May 7, 2022, election featured two proposed amendments to the Texas Constitution.

Frequently asked questions

The Texas Constitution is amended by a majority vote from Texas voters.

Constitutional Amendment Elections, also called ratification elections, normally take place in odd-numbered years after regular sessions of the legislature.

The Texas Legislature first passes a joint resolution proposing the constitutional amendment. A majority of Texas voters then approve the amendment in a special election.

From 1876 through 2019, the Texas Constitution was amended 507 times. From 1876 to 2024, 714 constitutional amendments were proposed, of which 530 were approved by the electorate.

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