Texas' Push For A Constitutional Amendment Convention

Texas has a long history of amending its constitution, with over 700 amendments proposed since 1876, and 529 approved and currently in force. 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 one of 11 state constitutions with no mechanism or unclear processes for calling a constitutional convention. The Texas Legislature first passes a joint resolution proposing the constitutional amendment, which is then voted on by Texans. This process has been used to make changes to the tax code, the retirement age of state judges, and the structure of local governments. Texans have also voted on amendments to the state constitution that are more politically strategic in nature, such as ensuring the state does not create a wealth tax and guaranteeing Texans' right to farm.

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Texas has held five constitutional conventions, with the current document being the seventh in Texas history

Texas has a long and complex constitutional history, with the state's first constitution being adopted in 1845 when Texas became the 28th state. This document was replaced in 1861 when Texas seceded from the Union and joined the Confederate States, necessitating a new constitution that aligned with Confederate interests. Texas has held five constitutional conventions, with the current document being the seventh in Texas history.

The first constitutional convention took place in 1861, with subsequent conventions occurring in 1866, 1868-69, and 1875. The 1875 convention resulted in the fifth state constitution, which was ratified by popular vote in 1876. This constitution is notable for its inclusion of a "'Bill of Rights' in Article 1, which outlines specific limitations on the power of the state government and guarantees certain rights to citizens.

The Texas Constitution is the second-longest state constitution in the United States and is also the third-most amended. Amending the constitution typically requires legislative action followed by voter approval. However, there have been several attempts to draft a new constitution through constitutional conventions.

One notable effort occurred in 1971 when the Texas Legislature placed an amendment on the ballot calling for a constitutional convention to draft a new state constitution. The measure passed, and the convention was held in 1974, but it ultimately failed to propose a new constitution by a narrow margin. In 1975, the Legislature revived some of the work from the 1974 convention and proposed eight amendments to the existing constitution, but these were overwhelmingly rejected by voters.

Despite these failed attempts to replace the constitution, Texas has continued to make frequent amendments. Since 1876, the legislature has proposed hundreds of amendments, most of which have been adopted by voters. This iterative process of amendment, rather than wholesale replacement, has characterized Texas's constitutional evolution.

The Texas Constitution is amended via the Legislature, subject to voter approval

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. Since its inception, the Texas Constitution has been amended numerous times, making it the third-most amended state constitution in the United States. The process of amending the Texas Constitution is outlined in Article 17 and involves the Legislature and voter approval.

The Texas Legislature first passes a joint resolution proposing the constitutional amendment. This joint resolution must be approved by two-thirds of the members in both chambers of the Texas Legislature to be placed on the ballot. The Texas Constitution can only be amended via this legislatively referred constitutional amendment process, and it does not provide for amendment by initiative, referendum, or constitutional convention. Once an amendment is approved by the Legislature, it is placed on the ballot for voter approval.

During a special election, Texas voters are presented with ""propositions" or the proposed amendments, and they can choose to vote for or against each one. If a majority of the votes cast are in favor of an amendment, it becomes part of the Constitution, and the governor issues a proclamation. From 1876 to 2019, the Texas Constitution was amended 507 times, with voters approving 507 and rejecting 180, resulting in a ratification rate of 74%.

The Texas Constitution's amendment process ensures that any changes to the foundational document of the state have substantial political and public support. The process also underscores the importance of voter participation in shaping the state's governance, rights, and limitations. The high number of amendments over the years has contributed to the Texas Constitution's length, making it the second-longest state constitution in the country.

In addition to the high number of amendments, the Texas Constitution has also undergone several revisions. Texas has held five state constitutional conventions, during which the constitution was significantly rewritten. The current Texas Constitution, adopted in 1876, is the seventh in the state's history. The lengthy document includes grammatical errors, unconstitutional portions, and contradictory sections. Despite this, state leaders seem content with the current constitution, and attempts at reform have failed due to political infighting.

The Texas Constitution is the second-longest state constitution in the US

The Texas Constitution is a lengthy document that outlines the state's framework for governance, encompassing the powers, structure, and limitations of the state government, as well as individual and civil rights. It is the second-longest state constitution in the United States, only surpassed by Alabama's constitution. Texas's constitution has undergone numerous amendments over the years and is the third-most amended state constitution, following Alabama and California.

The history of the Texas Constitution dates back to 1827 when Texas was part of Mexico. Since then, Texas has had seven constitutions, including the current one adopted in 1876. The constitution-making process in Texas has been marked by significant events, such as the state's admission to the United States in 1845 and the American Civil War in 1861. Texas has held several constitutional conventions, with the most recent one in 1875, aiming to address widespread discontent with centralized authority and the excesses of the Reconstruction-era government.

The Texas Constitution is characterised by its highly restrictive nature, imposing numerous limitations on state authority. This design has led to the need for frequent amendments to meet evolving state requirements. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by voters. The constitution's Article 1, also known as the "Bill of Rights," has expanded from 29 to 34 sections over time.

One notable aspect of the Texas Constitution is its stance on taxation. Article 8, "Taxation and Revenue," restricts the Legislature and local governments from imposing certain taxes, particularly local property taxes. Additionally, it prohibits the imposition of a statewide personal income tax. Article 9, "Counties," establishes rules for creating counties and determining county seat locations, while Article 10 addresses "Railroads."

The Texas Constitution also vests legislative power in the "Legislature of the State of Texas," consisting of the state's Senate and House of Representatives. Article 3 of the constitution outlines the qualifications and regulations for senators and representatives, while also imposing limitations on legislative power. This article is the longest in the constitution and includes exceptions to the limitations.

In summary, the Texas Constitution, as the second-longest state constitution in the US, has played a pivotal role in shaping Texas's governance and civil rights. Its lengthy nature and frequent amendments reflect the state's dynamic political landscape and the ongoing efforts to address emerging needs within the framework of a restrictive document.

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The Texas Constitution has been amended over 500 times since 1876

The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. Since 1876, the Texas Legislature has proposed 714 constitutional amendments, with 530 approved by voters, 181 defeated, and three never making it onto the ballot. The constitution's highly restrictive nature has led to most of these amendments, as it stipulates that the state of Texas only has the powers explicitly granted to it.

The 1876 Constitution was the seventh in Texas's history, following earlier constitutions in 1827 (while part of Mexico), 1836 (Constitution of the Republic of Texas), 1845 (upon admission to the US), 1861 (at the start of the Civil War), 1866 (at the end of the Civil War), and 1869. The 1876 version complied with public opinion at the time, providing for biennial legislative sessions, low salaries for officials, precinct voting, abolition of the road tax, and guarantees of a low tax rate, among other measures.

Amendments to the Texas Constitution have covered a range of topics, including the legislature, judiciary, public education, and state finances. For example, in 1993, an amendment was adopted that restricted the ability of the Texas State Legislature to impose a personal income tax. In 1979, an amendment was approved to create a single property tax "appraisal district" in each county to provide a uniform appraised value for all property. Another amendment in 1979 gave the Texas Court of Appeals criminal appellate jurisdiction.

While attempts have been made throughout the 20th and 21st centuries to overhaul or replace the 1876 Constitution, none have succeeded. Critics argue that its outdated structure hinders efficient governance, while defenders view it as a safeguard against government overreach.

Texas voters have approved 529 amendments since 1876, with 180 rejected

Texas has had a long and complex constitutional history, with numerous conventions and amendments over the years. The Texas Constitution, first adopted in 1876, is the second-longest state constitution in the US and the third-most amended. Texas voters have approved 529 amendments since 1876, with 180 rejected. This high number of amendments has resulted in a lengthy governing document that includes grammatical errors, unconstitutional portions, and contradictory sections.

The Texas Constitution can be amended through a legislatively referred process, requiring voter approval. This process is outlined in Article 17, which also includes specific requirements for notifying the public about upcoming elections to approve amendments. Despite the large number of amendments, Texas is one of 11 states with no clear mechanism for calling a constitutional convention. The state has held five constitutional conventions, with the last one taking place in 1875, leading to the current constitution.

The Texas Constitution covers a range of topics, including taxation and revenue, counties, and railroads. For example, Article 8 restricts the ability of the Legislature and local governments to impose taxes, including local and statewide property taxes. It also prohibits a personal income tax, with an amendment added in 1993 reinforcing this. Amendments can have a significant impact on the state's governance, such as the 1979 amendment that created a single property tax "appraisal district" in each county, ensuring uniform property values for taxation purposes.

While there have been attempts at constitutional reform, such as in the 1970s, they have often been met with challenges. Political infighting and concerns about power concentration can hinder progress. Additionally, the current state of polarization and distrust between Democrats and Republicans further complicates the process. Despite these challenges, Texas continues to actively engage its citizens in the amendment process, with voters regularly deciding on proposed amendments.

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