
By the 1970s, the Texas Constitution, which had been amended over 400 times since its adoption in 1876, was outdated and overly complex. Lengthy and convoluted, it hindered effective governance and failed to address the needs of a rapidly modernizing state. In recognition of this, the Sixty-second Texas Legislature passed a resolution in May 1971, calling for a constitutional revision commission and a constitutional convention in January 1974. After seven months, the convention failed by three votes to produce a document to submit to voters. While eight amendments were approved by the legislature in 1975, they were all defeated in a special election. This article will explore the reasons behind the failure of the Texas constitutional rewrite in the 1970s.
| Characteristics | Values |
|---|---|
| Reason for rewriting | The Texas Constitution had become outdated, overly complex, and lengthy, having been amended over 400 times since its adoption in 1876. |
| Population and economic shift | Texas's population growth, economic shifts, and changing demographics required a constitution that reflected the contemporary realities of the state. |
| Lack of flexibility | The constitution imposed restrictions on the state government, limiting its ability to respond to new challenges and enact reforms. |
| Modernization | The 19th-century framework of the existing constitution did not address the needs of a rapidly modernizing state. |
| Convention outcome | The constitutional convention failed by three votes to produce a document to submit to voters. |
| Amendment outcome | Eight amendments were proposed and approved by the legislature in 1975, but they were all defeated in a special election. |
| Previous attempts | There were previous attempts to revise the constitution in 1919, 1949, 1957, and 1967, but they were unsuccessful. |
| Subsequent attempts | In 1995, Senator John Montford drafted a streamlined constitution similar to the 1974 version, but it did not gain traction. |
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What You'll Learn

The Texas Constitution was outdated and overly complex
The Texas Constitution, which was adopted in 1876, had been amended over 400 times by the 1970s, making it one of the longest state constitutions in the United States. This excessive length and complexity hindered effective governance and made it challenging to address contemporary issues efficiently. The document was rooted in a 19th-century framework, which did not adequately reflect the needs of a rapidly modernizing state.
The constitution's complexity made it difficult to navigate and interpret, impacting the state government's ability to respond to new challenges and enact necessary reforms. This lack of flexibility hindered Texas's capacity to address pressing issues effectively. As the state's population grew and its economy and demographics shifted, there was a growing realization that the constitution needed to reflect the contemporary realities of Texas.
The push for constitutional reform in the 1970s was driven by the recognition that the existing constitution was outdated and overly complex. The lengthy and convoluted document was in need of simplification and substantial changes. An interim report issued in 1959 supported this, finding that the constitution required more than just minor revisions. However, under pressure, the final report in 1960 concluded that the constitution was sound, and only minor changes were necessary.
The Texas Legislature recognized the need for a new state constitution and took steps towards achieving this. In 1971, the Sixty-second Texas Legislature passed a resolution calling for the establishment of a constitutional revision commission and a constitutional convention in 1974. The commission held nineteen public hearings across the state and presented its recommendations for a new constitution to the legislature in November 1973. Despite these efforts, the constitutional convention failed by just three votes to produce a document to submit to the voters.
While the convention did not result in a new constitution, it left a legacy of a large body of written material on the Texas constitution. In 1975, the legislature approved eight amendments to the existing constitution, which were put before the voters in a special election. Unfortunately, these amendments were also defeated, with only two of Texas's 254 counties approving them.
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The document had been amended over 400 times
The Texas Constitution had been amended over 400 times since its adoption in 1876, making it one of the longest state constitutions in the United States. The excessive length and complexity of the document hindered effective governance and made it challenging for the state government to address contemporary issues efficiently.
The constitution's length and complexity were not the only issues. The document was rooted in a 19th-century framework, which did not reflect the needs of a rapidly changing and modernizing state. As Texas's population grew and its economy and demographics shifted, it became apparent that the constitution needed to be updated to reflect the contemporary realities of the state.
The numerous amendments also imposed restrictions on the state government, limiting its flexibility and ability to respond to new challenges and enact necessary reforms. This lack of flexibility further hindered the state's capacity to address pressing issues effectively.
Recognizing these issues, the Sixty-second Texas Legislature passed a resolution in May 1971, calling for the establishment of a constitutional revision commission and a constitutional convention in January 1974. The commission held nineteen public hearings across the state and presented its recommendations for a new constitution to the legislature in November 1973. However, despite these efforts, the attempt to rewrite the constitution failed, and the existing constitution remained in place.
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Texas's population growth and shifting demographics
Between 2000 and 2010, Texas added over 4 million people to its population, the highest population increase by number for any US state during that period. By the 2020 census, Texas had a population of 29,145,505, a 15.9% increase since the 2010 census. This growth continued, and by July 2021, Texas had added another 470,708 people, becoming the largest-gaining state in the nation and crossing the 30-million-population threshold.
In addition to population growth, the demographic makeup of Texas was also changing. In 2010, Texas saw a significant shift in its racial and ethnic composition. For the first time, the non-Hispanic white population dropped below 50% (45%), while the Hispanic and Latin American population grew to 38%. Between 2000 and 2010, the total population growth was 20.6%, but Hispanics and Latin Americans grew by 65%, while non-Hispanic whites only grew by 4.2%. By 2021, Hispanics and Latinos of any race made up 40.2% of the population, surpassing non-Hispanic whites, who made up 39.3%.
These population and demographic shifts had a significant impact on the state's politics and governance. As Texas continued to grow and change, there was a growing realization that the constitution needed to reflect the contemporary realities of the state. The existing constitution, rooted in the 19th-century framework, was outdated and overly complex, having been amended over 400 times since its adoption in 1876. It imposed restrictions on the state government, limiting its flexibility and ability to respond to the needs and challenges of a modernizing state.
Thus, the drive to rewrite the Texas Constitution in the 1970s was closely tied to the state's population growth and shifting demographics. The recognition that the constitution needed to be modernized to effectively govern a diverse and rapidly changing Texas was a key factor in the push for constitutional reform during that decade. However, despite the efforts and the recognition that change was needed, the 1974 constitutional convention ultimately failed to produce a new document to submit to voters, and the existing constitution remained in place.
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The constitution limited the state government's flexibility
The Texas Constitution, which was adopted in 1876, had been amended over 400 times by the 1970s, making it one of the longest state constitutions in the United States. This length and complexity hindered effective governance and made it challenging to address contemporary issues efficiently.
The constitution of Texas had numerous restrictions on the state government, limiting its flexibility and ability to respond to new challenges and enact necessary reforms. This lack of flexibility hindered the state's capacity to address pressing issues effectively. As Texas's population grew and its economy and demographics shifted, there was a growing realization that the constitution needed to reflect the contemporary realities of the state.
The Texas Constitution imposed various restrictions on the state government's ability to impose taxes, with most restrictions concerning local property taxes. For example, Section 1-e prohibits statewide property taxes. Additionally, Section 14 requires all civil officers to reside within the state and all district or county officers within their districts or counties, potentially limiting the government's ability to attract talent from outside the state.
The length and complexity of the Texas Constitution, combined with the restrictions it imposed on the state government, limited the government's flexibility and ability to effectively address the needs of a rapidly changing and modernizing state. This lack of flexibility was a key factor in the push for constitutional reform in Texas during the 1970s.
In summary, the Texas Constitution's complexity and the restrictions it placed on the state government limited the government's flexibility and ability to address contemporary challenges effectively. This lack of flexibility, combined with the need for a modernised constitution, drove the attempt to rewrite the Texas Constitution in the 1970s.
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The 1974 constitutional convention failed by three votes
The Texas Constitution, adopted in 1876, had been amended over 400 times by the 1970s, making it one of the longest state constitutions in the United States. This led to a growing realization that the constitution needed to be modernized to reflect the contemporary realities of the state. In May 1971, the Sixty-second Texas Legislature recognized the need for a new state constitution and passed a resolution calling for a constitutional revision commission and a constitutional convention in January 1974.
The constitutional revision commission, established in February 1973, held nineteen public hearings across the state and presented its recommendations for a new constitution to the legislature in November 1973. The convention, which began in January 1974, was originally planned to last ninety days but was extended by sixty days, the maximum allowed, to July 30, 1974.
Divisive politics became a major obstacle, with the most controversial issue being a right-to-work provision in the constitution. Labor groups opposed this measure, while antilabor factions pressured delegates for support. An election primary in May 1974 also distracted many legislators who were campaigning for reelection.
After seven months, the constitutional convention closed on July 30, 1974, having failed by three votes (118 for, 62 against, and 1 not voting) to produce a document to submit to Texas voters. The failure of the 1974 constitutional convention left a legacy of a large body of written material on the Texas constitution, which served as a resource for future revision attempts.
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Frequently asked questions
By the 1970s, the Texas Constitution had been amended over 400 times since its adoption in 1876, resulting in a lengthy and complex document that hindered effective governance. There was a growing realization that the constitution needed to reflect the contemporary realities of the state.
In May 1971, the Texas Legislature passed a resolution calling for the establishment of a constitutional revision commission and for the legislature to meet as a constitutional convention in January 1974. After holding nineteen public hearings, the commission presented its recommendations for a new constitution in November 1973. The convention ultimately failed by three votes to propose a new constitution.
The constitutional convention closed on July 30, 1974, without producing a document to submit to the voters. However, in 1975, the legislature revived the work of the convention and proposed eight amendments to the existing constitution. All eight amendments were overwhelmingly rejected by the voters, except in Duval and Webb counties.
Yes, there have been several attempts to revise the Texas Constitution since the 1974 convention. In 1995, Senator John Montford drafted a streamlined constitution similar to the 1974 version, but the initiative died when he resigned. A bipartisan effort in 1998 produced a rewritten constitution, but it failed to gain support in committee.

























