Eleanor Finch
The Texas Constitution outlines the process for amending the document, and the state legislature plays a central role in this process. The Texas Legislature is responsible for proposing amendments, which must then be approved by a two-thirds majority vote of both the Texas Senate and House of Representatives before being placed on the ballot for a statewide election. Texans then have the opportunity to approve these amendments with a majority vote. The Secretary of State is responsible for providing public notice of the proposed amendments and their ballot wording, while the Attorney General approves the explanatory statements. If an amendment receives a majority of votes in favour, it becomes part of the Texas Constitution.
| Characteristics | Values |
|---|---|
| Who can propose an amendment | The Texas Legislature |
| Who approves the proposal for submission | At least two-thirds of the members of both the Texas Senate and the Texas House of Representatives |
| Who votes on the amendment | Qualified voters for statewide offices and propositions |
| What is required for the amendment to pass | A majority of votes cast in favor |
| Who makes a proclamation if the amendment passes | The Governor |
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What You'll Learn
The Texas Legislature
To initiate the amendment process, the Texas Legislature must first propose amendments, which must be approved by a two-thirds majority vote in both the Texas Senate and House of Representatives. This crucial step ensures that any proposed changes to the constitution have broad legislative support before proceeding further.
Once the proposed amendments clear the legislative hurdle, they are presented to the voters of Texas for their consideration and final decision. The legislature sets the date for this election, and the proposed amendments are then voted on by qualified voters across the state. This process underscores the importance of direct democracy, giving Texans the power to shape their constitution.
Before the election, the Secretary of State plays an informative role by preparing an explanatory statement for each proposed amendment. This statement provides voters with a clear understanding of the nature of the amendment, ensuring an informed decision-making process. The Attorney General approves these explanatory statements, and the Secretary of State sends them to each county clerk for public display in courthouses.
The Texas Constitution also outlines specific requirements for notifying the public about upcoming elections on constitutional amendments. The legislature must publish notices in officially approved newspapers, summarising each amendment and detailing how it will appear on the ballot. These notices must be published within a specified timeframe before the election, ensuring that Texans are well-informed and engaged in the process.
In summary, the Texas Legislature initiates the amendment process by proposing revisions to the constitution, subject to a stringent legislative approval process. Ultimately, however, the power rests with the people of Texas, who decide through their votes whether to accept or reject these proposed amendments, thereby shaping the future of their state's constitution.
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Texas Senate and House of Representatives
The Texas Constitution outlines the process for amending the document in Article 17. This article specifies that the Texas Legislature, comprising the Texas Senate and House of Representatives, is responsible for proposing amendments. To appear on the ballot, a proposed amendment must secure the approval of at least two-thirds of the members of both the Texas Senate and House of Representatives. This process is the sole method for proposing amendments, as the Constitution does not provide for amendment by initiative, referendum, or constitutional convention.
The Texas Legislature can propose amendments during regular or special sessions, provided the matter is included in the purposes for which the special session is convened. Once an amendment proposal receives the requisite support from both chambers of the Legislature, it is submitted to the voters for approval. The date of the election is specified by the Legislature, and the proposed amendment must be published in officially approved newspapers.
The Secretary of State plays a crucial role in this process. They are responsible for preparing an explanatory statement for each proposed amendment, which is then approved by the Attorney General. This statement includes details such as the nature of the amendment, the date of the election, and the wording of the proposition on the ballot. The Secretary of State ensures that this information is accessible to the public by sending it to each county clerk for posting in a public place in the courthouse at least 30 days before the election.
After the election, the returning officer in each county submits the results to the Secretary of State, indicating the number of legal votes cast for and against each amendment. If a majority of the votes cast are in favour of the amendment, it becomes part of the Texas Constitution, and the Governor proclaims its adoption.
Over the years, the Texas Legislature has actively proposed amendments to the Constitution. For instance, in 1971, the Legislature placed an amendment on the November 1972 ballot, calling for a constitutional convention to draft a new state constitution in 1974. While the 1974 convention fell short of proposing a new constitution by just three votes, the Legislature revived its work in 1975 and presented eight amendments to the existing constitution. However, these amendments were overwhelmingly rejected by voters, passing in only two of the state's 254 counties.
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Voters
The Texas Legislature can propose amendments to the Constitution at any regular or special session. For an amendment to be submitted to the voters, it must first be approved by at least two-thirds of the members of both the Texas Senate and the Texas House of Representatives. This process ensures that any proposed changes to the Constitution have significant legislative support before being presented to the voters.
Once an amendment has been approved by the Legislature, it is then put to a vote by the qualified voters for statewide offices and propositions, as defined in the Constitution and statutes of Texas. The date of this election is specified by the Legislature, and it is their responsibility to ensure that the public is adequately notified about the upcoming vote. This includes publishing a notice in officially approved newspapers that summarise each amendment and how it will appear on the ballot.
The Secretary of State plays a crucial role in this process by preparing an explanatory statement for each amendment, which must be approved by the Attorney General. This statement, along with the date of the election and the wording of the proposition, is published in newspapers across the state to inform voters about the proposed changes. The Secretary of State is also responsible for sending a full 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.
Finally, on the day of the election, voters have the opportunity to approve or reject the proposed amendment with a majority vote. If a majority of the votes cast are in favour of the amendment, it becomes a part of the Texas Constitution, and a proclamation is made by the Governor. This process ensures that the people of Texas have a direct say in any changes made to their state's governing document.
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Secretary of State
The Texas Secretary of State is the chief elections officer of the state and is the governor's liaison on border and Mexican affairs. The Secretary of State has a wide range of responsibilities, including overseeing the state's electoral processes, facilitating the interaction of state government with the federal government, and
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Attorney General
The Attorney General of Texas plays a crucial role in the process of amending the state's constitution. While the Texas Legislature has substantial control over how proposed amendments are submitted to voters, the Attorney General has specific responsibilities that ensure the integrity and legality of the amendment process.
Firstly, the Attorney General is responsible for approving the explanatory statement that accompanies any proposed amendment. This statement, prepared by the Secretary of State, is designed to explain the nature of the amendment to voters. It must be published in newspapers, along with the date of the election and the wording of the proposition, at specific intervals before the election. The Attorney General's approval of this statement ensures that voters receive clear and accurate information about the proposed amendment, enabling them to make informed decisions.
The Attorney General's role in approving the explanatory statement also extends to ensuring compliance with legal requirements. The statement must meet certain standards, such as clearly expressing the scope and character of the amendment. This approval process helps maintain the integrity of the amendment process by preventing misleading or inadequate explanations of the proposed changes.
In addition to approving the explanatory statement, the Attorney General may also provide legal opinions on the constitutionality of proposed amendments. While judicial review of amendments has historically been limited in Texas, the Attorney General's office can offer guidance and interpretation of the state's constitution, ensuring that any proposed changes align with existing constitutional framework. This advisory role contributes to the overall legality and validity of the amendment process.
Furthermore, the Attorney General may be involved in addressing any disputes or contests that arise during the amendment process. Texas law allows for election contests as the exclusive method for adjudicating questions related to the validity or outcome of a constitutional amendment election. The Attorney General, as the state's chief legal officer, could be involved in resolving these disputes, ensuring that the amendment process adheres to legal principles and protecting the rights of voters and stakeholders.
Overall, while the Texas Attorney General does not initiate or directly propose amendments to the state constitution, their role in approving explanatory statements, ensuring compliance with legal standards, providing constitutional interpretations, and resolving disputes is vital to the integrity and legality of the amendment process. Their involvement helps maintain a transparent and fair environment for proposing and adopting amendments to the Texas Constitution.
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Frequently asked questions
Any member in either chamber of the Texas Legislature can propose an amendment to the Texas Constitution.
A joint resolution proposing the constitutional amendment is passed by the Texas Legislature. This must be approved by a vote of two-thirds of all the members elected to each House. The proposed amendment is then put to a special election, where a majority of Texas voters must approve it.
The Secretary of State is required to publicize the proposed amendment ahead of the election. This includes publishing a brief explanatory statement of the nature of the proposed amendment, the date of the election, and the wording of the proposition as it will appear on the ballot.
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