Isabella Carter
The Texas Constitution, first adopted in 1876, is the second-longest state constitution in the US and has been amended over 500 times since. Amendments to the Texas Constitution are proposed by the Texas Legislature and voted on by the people of Texas. As of 2024, 530 amendments have been approved, 181 defeated, and three have never made it to the ballot. This process of amending the Texas Constitution is outlined in Article 17 of the Texas Constitution, which details the mode of amending the constitution.
| Characteristics | Values |
|---|---|
| Total amendments proposed | 714 |
| Total amendments approved | 530 |
| Total amendments defeated | 181 |
| Amendments that didn't make it to the ballot | 3 |
| Constitution length | Second-longest in the US |
| Number of state constitutional conventions | 5 |
| Number of sections in Article 1 | 34 |
| Number of additional sections added to Article 1 | 5 |
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What You'll Learn
Texas constitutional conventions
The Texas Constitution is one of the longest in the nation and is also one of the most frequently amended. As of 2024, the Texas Legislature has proposed 714 amendments, of which 530 have been approved by the electorate, 181 have been defeated, and three have never made it to the ballot. The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval.
Texas has held five state constitutional conventions, including in 1845, 1861, 1866, 1868–69, and 1875. The second state constitutional convention was held in 1861 when Texas seceded from the Union to join the Confederate States. The convention ratified the Constitution of the Confederate States of America and amended the Texas Constitution to conform to the Confederate Constitution. After the Civil War, Texas adopted a new constitution in 1866 as a condition of rejoining the Union, which included recognizing the end of slavery. However, due to dissatisfaction from Congress over Texas's Reconstruction policies, further changes were required.
In 1875, amid widespread discontent with the centralized authority and perceived excesses of the Reconstruction-era government, delegates met once more to draft a new state constitution. This constitutional convention was dominated by Democrats, many of whom were former Confederates seeking to restore local control and reduce government spending. The resulting document, the 1876 Constitution, was ratified by a vote of 136,606 in favor to 56,652 opposed and remains the foundation of Texas government today. The 1876 Constitution reflects a deep mistrust of government power and imposed numerous limitations on state authority.
The Texas Constitution's highly restrictive nature has led to the need for frequent amendments to address emerging state needs. The constitution stipulates that the state of Texas has only those powers explicitly granted to it, and it lacks a counterpart to the federal Necessary and Proper Clause. The Texas Constitution also includes a bill of rights, which is considerably lengthier and more detailed than the federal Bill of Rights and includes some unique provisions. For example, Section 12 of the Texas Bill of Rights recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances, unlike the U.S. Constitution, which allows suspension in certain cases.
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Voter approval
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. The Texas Constitution is one of 11 state constitutions with no clear mechanism for calling a constitutional convention. Texas has held five state constitutional conventions, including in 1845, 1861, 1866, 1868-69, and 1875. The second state constitutional convention was held in 1861 when Texas seceded from the Union to join the Confederate States. The Secession Convention ratified the Constitution of the Confederate States of America and amended the Texas Constitution to conform to the Confederate Constitution.
Following the Civil War, federal authorities required seceded states to create new governing documents before rejoining the Union. In 1865, a constitutional convention composed of loyal Unionists proposed amendments, and a referendum was held in 1866 to ratify those changes. Texas adopted the 1866 Constitution as a condition of rejoining the Union, ending slavery, and re-establishing civil government. However, due to dissatisfaction with Texas's Reconstruction policies, further changes were mandated by Congress.
The current Texas Constitution was adopted on February 15, 1876, and it remains the foundation of Texas's government today. It is the seventh constitution in Texas's history and the second-longest state constitution in the United States. The 1876 Constitution reflects a deep mistrust of government power, imposing limitations on state authority and restricting the legislature's ability to act. This restrictive design has led to frequent amendments to address emerging state needs.
From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by Texas voters, 181 were defeated, and three never made it to the ballot. The Texas Constitution's Bill of Rights, contained in Article 1, consists of 34 sections, with five added since 1876. It outlines specific limitations on the power of the state government and grants certain rights to citizens that cannot be ignored. The protections offered by the Texas Bill of Rights are more extensive and detailed than the federal Bill of Rights and include unique provisions, such as the unqualified right to habeas corpus.
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Limitations on state authority
The Texas Constitution, which is one of the longest in the nation, has been amended over 500 times since its adoption in 1876, making it one of the most amended state constitutions in the US. The document outlines a framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. The Texas Legislature proposes amendments, which are then voted on by qualified voters for statewide offices and propositions. If a majority of the votes cast are in favour of an amendment, it becomes part of the Constitution.
The Constitution of 1876 reflects a deep mistrust of government power and places numerous limitations on state authority. It fragmented executive power and restricted the legislature's ability to act outside narrow boundaries. Article 1, entitled the "Bill of Rights," consists of 34 sections, most of which concern specific fundamental limitations on the power of the state government and certain rights granted to citizens that cannot be ignored. Importantly, the protections offered by the Texas Bill of Rights apply solely to actions by the Texas government.
Article 8 of the Texas Constitution, labelled "Taxation and Revenue," places restrictions on the ability of the Legislature and local governments to impose taxes, particularly local property taxes, and prohibits statewide property taxes. Section 24, added by an amendment in 1993, restricts the ability of the Texas State Legislature to impose a personal income tax.
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The bill of rights
The Texas Constitution, which is one of the longest in the nation, can be amended with a legislatively referred constitutional amendment, requiring voter approval. The Texas Constitution is also one of 11 state constitutions with no clear mechanism for calling a constitutional convention.
The current Texas Constitution, adopted on February 15, 1876, is the seventh in the state's history. The previous six were adopted in 1827, 1836, 1845, 1861, 1866, and 1869. The 1876 Constitution has been amended over 500 times and is one of the most amended state constitutions in the US. The Texas Legislature has proposed a total of 714 amendments, of which 530 have been adopted, 181 defeated by Texas voters, and three never made it to the ballot.
Article 1 of the Texas Constitution, entitled the "Bill of Rights," serves as its bill of rights and consists of 34 sections. The article originally contained 29 sections, and since 1876, five sections have been added. Most of the article's provisions concern specific fundamental limitations on the power of the state government and certain rights granted to citizens that cannot be ignored. The Texas Bill of Rights includes rights similar to those in the US Bill of Rights but is more detailed and contains provisions unique to Texas. For example, Section 12 recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances.
The process for amending the Texas Constitution is outlined in Article 17. The Legislature may propose amendments at any regular session or special session, and these proposed amendments must be voted on by qualified voters for statewide offices and propositions. The proposal must be approved by a vote of two-thirds of all members of each House, and the date of the elections shall be specified by the Legislature. If a majority of votes are cast in favor of an amendment, it becomes part of the Constitution, and a proclamation is made by the Governor.
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Amendments process
The Texas Constitution is one of the longest in the nation and has been amended over 500 times, making it one of the most amended state constitutions in the US. The Texas Legislature has proposed a total of 714 amendments as of 2024, of which 530 have been adopted, 181 defeated by Texas voters, and three never made it to the ballot.
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. The Texas Constitution is one of 11 state constitutions with no clear process for calling a constitutional convention.
Article 17 of the Texas Constitution outlines the mode of amending the constitution. The Legislature may propose amendments at any regular session or special session, which must be voted on by qualified voters for statewide offices and propositions. The proposal must be approved by a two-thirds vote of all members of each House. A brief explanatory statement of the nature of the proposed amendment, along with the date of the election and the wording of the proposition, must be published in newspapers across the state.
The election is held according to procedures prescribed by the Legislature, and the returning officer in each county submits the number of legal votes cast for and against each amendment to the Secretary of State. If a majority of votes are cast in favor of an amendment, it becomes part of the Constitution, and the Governor makes a proclamation.
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Frequently asked questions
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval.
The Texas Constitution has been amended over 500 times since 1876, making it one of the most amended state constitutions in the US. As of 2024, the Texas Legislature has proposed a total of 714 amendments, of which 530 have been adopted, 181 have been defeated, and three never made it to the ballot.
The Texas Legislature may propose amendments revising the Constitution, to be voted on by qualified voters for statewide offices and propositions. The proposal for submission must be approved by a vote of two-thirds of all the members elected to each House. If a majority of the votes cast are in favor of an amendment, it becomes part of the Constitution, and a proclamation is made by the Governor.
The current Texas Constitution, adopted on February 15, 1876, is the seventh in the state's history and is the second-longest state constitution in the US. It reflects a deep mistrust of government power and places numerous limitations on state authority.
