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The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, and enumerates the basic rights of the
citizens
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
of Texas.
The current document was adopted on February 15, 1876, and is the seventh constitution in Texas history (including the Mexican constitution). The previous six were adopted in 1827 (while Texas was still part of
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
and half of the state of
Coahuila y Tejas
Coahuila y Tejas, officially the Estado Libre y Soberano de Coahuila y Tejas (), was one of the constituent states of the newly established United Mexican States under its 1824 Constitution.
It had two capitals: first Saltillo (1822–1825) for ...
), 1836 (the
Constitution of the Republic of Texas
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845.
On March 2, 1836, Texas declared itself an independent republic because of a lack of support in the United States for the Texas Revolution. The declaration ...
), 1845 (upon admission to the United States), 1861 (at the beginning of the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
), 1866 (at the end of the American Civil War), and 1869.
At 86,936 words, the constitution is the second-longest
state constitution in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, exceeded only by the
Constitution of Alabama
The Constitution of the State of Alabama is the basic governing document of the U.S. state of Alabama. It was adopted in 2022 and is Alabama's seventh constitution.
History
Alabama has had seven constitutions to date, all but the current one est ...
, which is 388,882 words long. Much of that length comes from its status as one of the most amended state constitutions; only the Alabama and
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
constitutions have been amended more often. From 1876 to 2019, the Texas Legislature proposed 690 constitutional amendments. Of that total, 507 were approved by the electorate, 180 were defeated, and 3 never made it on the ballot. Most of the amendments are due to the document's highly restrictive nature. The constitution stipulates that the State of Texas has only those powers explicitly granted to it; there is no counterpart of the federal
necessary and proper clause
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution:
Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause gr ...
. Despite its length, it is not nearly as long as the Alabama Constitution (which has been amended over 900 times despite having been adopted 25 years after Texas' current constitution).
As with many state constitutions, it explicitly provides for the separation of powers and incorporates its bill of rights directly into the text of the constitution (as Article I). The bill of rights is considerably lengthier and more detailed than the federal
Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
, and includes some provisions unique to Texas.
Articles of the Texas Constitution of 1876
Article 1: "Bill of Rights"
Article 1is the Texas Constitution's
bill of rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
. The article originally contained 29 sections; five sections have since been added. Some of the article's provisions concern specific fundamental limitations on the power of the state. The provisions of the Texas Constitution apply only against the government of Texas. However, a number of the provisions of the U.S. Constitution are held to apply to the states as well, under the
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
of the
14th Amendment to the U.S. Constitution.
Differences with the US Bill of Rights
While the bill of rights contains many similar rights as the
United States Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections rais ...
, it is considerably lengthier and more detailed and includes some provisions unique to Texas.
Section 12 recognizes the writ of
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
as a right and prohibits its suspension under any circumstance whatsoever. This differs slightly from the U.S. Constitution, which allows its suspension "in Cases of Rebellion or Invasion the public security shall require it".
Section 21 prohibits corruption of blood and forfeiture of estates (including in cases of suicide), extending beyond the federal limitation (
Article III, Section 3) which applies only in cases of Treason and even permits forfeiture during the life of the attained (but not after).
Section 34 guarantees the right to hunt, fish and harvest wildlife, subject to wildlife conservation laws. However, the section explicitly states that it does not affect "any provision of law relating to trespass, property rights or eminent domain".
Invalidated sections
Section 32, added in 2005, denies state
recognition
Recognition may refer to:
*Award, something given in recognition of an achievement
Machine learning
*Pattern recognition, a branch of machine learning which encompasses the meanings below
Biometric
* Recognition of human individuals, or biomet ...
of
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
, a practice which was invalidated by the
US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
ruling in ''
Obergefell v. Hodges
''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
''.
Section 4 purports to prohibit officeholders from the requirements of any religious test, provided they "acknowledge the existence of a
Supreme Being
In monotheistic thought, God is usually viewed as the supreme being, creator, and principal object of faith. Swinburne, R.G. "God" in Honderich, Ted. (ed)''The Oxford Companion to Philosophy'', Oxford University Press, 1995. God is typically ...
". This conflicts with the U.S. Constitution's
No Religious Test Clause, and would be held unenforceable if challenged, as was a similar South Carolina requirement in ''
Silverman v. Campbell
''Silverman v. Campbell'' was a South Carolina Supreme Court case regarding the constitutionality of a provision in the South Carolina Constitution requiring an oath to God for employment in the public sector.
Details
In 1992, Herb Silverman was a ...
'', and a broader Maryland restriction in ''
Torcaso v. Watkins
''Torcaso v. Watkins'', 367 U.S. 488 (1961), was a United States Supreme Court case in which the court reaffirmed that the United States Constitution prohibits states and the federal government from requiring any kind of religious test for pub ...
''.
Other rights
Section 11 guarantees that every person detained prior to trial are bailable by sufficient sureties, save for Capital offenses, subject to specific exceptions.
Article 2: "The Powers of Government"
Article 2provides for the
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
of the legislative, executive, and judicial branches of the state government, prohibiting each branch from encroaching on the powers of the others.
Article 3: "Legislative Department"
Article 3vests the legislative power of the state in the "
Legislature of the State of Texas", consisting of the state's
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. It also lists the qualifications required of senators and representatives, and regulates many details of the legislative process. The article contains many substantive limitations on the power of the legislature and a large number of exceptions to those limitations.
Two-thirds (2/3) of the elected members in either house constitutes a quorum to do business therein (Section 10), contrary to the provision for the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
requiring only a majority. A smaller number in each House is empowered to adjourn from day to day, and compel the attendance of absent members.
As with the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, either house may originate
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
s (Section 31), but bills to raise revenue must originate in the House of Representatives (Section 33).
Section 39 allows a bill to take effect immediately upon the Governor's signature if the bill passes both chambers by a two-thirds vote, unless otherwise specified in the bill. If the bill does not pass by this majority it takes effect on the first day of the next fiscal year (September 1).
The largest Section within this article is Section 49 ("State Debts"), which includes 30 separate sub-sections (including two sub-sections both added in 2003 and both curiously numbered as "49-n"). Section 49 limits the power of the Legislature to incur debt to only specific purposes as stated in the Constitution; in order to allow the Legislature to incur debt for a purpose not stated numerous amendments to this section have had to be added and voted upon by the people In addition, Section 49a requires the
Texas Comptroller of Public Accounts
The Texas Comptroller of Public Accounts is an executive branch position created by the Texas Constitution. The comptroller is popularly elected every four years, and is primarily tasked with collecting all state tax revenue and estimating the a ...
to certify the amount of available cash on hand and anticipated revenues for the next biennium; no appropriation may exceed this amount (except in cases of emergency, and then only with a four-fifths vote of both chambers), and the Comptroller is required to reject and return to the Legislature any appropriation in violation of this requirement. Section 49-g created the state's "
Rainy Day Fund
A rainy day or rainy day fund is a reserved amount of money to be used in times when regular income is disrupted or decreased in order for typical operations to continue. In the United States, the term is usually used to apply to the funds mainta ...
" (technically called the "Economic Stabilization Fund").
Article 4: "Executive Department"
Article 4describes the powers and duties of the
Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
,
Lieutenant Governor
A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
,
Secretary of State,
Comptroller
A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level executi ...
,
Commissioner of the General Land Office
The General Land Office was an Independent agencies of the United States government, independent agency of the United States government responsible for Public domain (land), public domain lands in the United States. It was created in 1812, and it m ...
, and
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
. With the exception of the Secretary of State the above officials are directly elected in what is known as a "plural executive" system. (Although the
Texas Agriculture Commissioner
The Texas Department of Agriculture (TDA) is a state agency within the state of Texas, which is responsible for matters pertaining to agriculture, rural community affairs, and related matters. It is currently headed by Agriculture Commissioner ...
is also directly elected, that is the result of Legislative action, not a Constitutional requirement.)
The qualifications of the Governor of Texas is that he is at least thirty years of age, a citizen of the United States, and had resided in the State for at least five years preceding his election. The Governor is prohibited from holding any other office, whether civil, military or corporate, during his tenure in office, nor may he practice (or receive compensation for) any profession.
The Governor is the "Chief Executive Officer of the State" and the "Commander in Chief of the military forces of the State, except when they are called in actual service of the United States". He is vested with power to call forth the Militia, convene the Legislature for special session in extraordinary occasions, to execute the laws of the State, and to fill up vacancies not otherwise provided for by law, if consented to by two-thirds of the Senate. The Governor has a qualified negative on all bills passed by the Legislature, which may be overridden by two-thirds of both Houses of the Legislature by votes of the yeas and nays. Finally, the Secretary of State (who has the constitutional duty of keeping the Seal of the State) is appointed by the Governor, by and with the advice and consent of the Senate.
All commissions are signed by the Governor, being affixed with the State Seal and attested to by the Secretary of State.
Under Section 16 of this article, the Lieutenant Governor automatically assumes the power of Governor if and when the Governor travels outside of the state, or is subject to impeachment by the Texas House of Representatives.
Article 5: "Judicial Department"
Article 5describes the composition, powers, and jurisdiction of the state's Supreme Court, Court of Criminal Appeals, and District, County, and Commissioners Courts, as well as the
Justice of the Peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
Courts.
Article 6: "Suffrage"
Article 6denies voting rights to minors, felons, and people who are deemed mentally incompetent by a court (though the Legislature may make exceptions in the latter two cases). It also describes rules for elections.
Qualified voters are, except in treason, felony and breach of peace, privileged from arrest when attending at the polls, going and returning therefrom.
Article 7: "Education"
establishes provisions for
public schools, asylums, and universities. Section 1 states, "it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools". This issue has surfaced repeatedly in lawsuits involving the State's funding of education and the various restrictions it has placed on local school districts.
This Article also discusses the creation and maintenance of the
Permanent University Fund
The Permanent University Fund (PUF) is a sovereign wealth fund created by the State of Texas to fund public higher education within the state. A portion of the returns from the PUF are annually directed towards the Available University Fund (AU ...
(Sections 11, 11a, and 11b) and mandates the establishment of "a University of the first class" (Section 10) to be called
The University of Texas
The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas. It was founded in 1883 and is the oldest institution in the University of Texas System. With 40,916 undergraduate students, 11,075 ...
, as well as "an Agricultural, and Mechanical department" (Section 13, today's
Texas A&M University
Texas A&M University (Texas A&M, A&M, or TAMU) is a public, land-grant, research university in College Station, Texas. It was founded in 1876 and became the flagship institution of the Texas A&M University System in 1948. As of late 2021, T ...
, which opened seven years prior); it also establishes
Prairie View A&M University in Section 14. The University of Texas was originally created in the Constitution of 1858, and Texas A&M University was created from the Morrill Act. In 1915 and 1919, Constitutional Amendments were proposed to separate the two university systems, although both failed.
Article 8: "Taxation and Revenue"
Article 8places various restrictions on the ability of the Legislature and local governments to impose taxes. Most of these restrictions concern local
property tax
A property tax or millage rate is an ad valorem tax on the value of a property.In the OECD classification scheme, tax on property includes "taxes on immovable property or net wealth, taxes on the change of ownership of property through inheri ...
es.
Section 1-e prohibits statewide property taxes. This Section has been the subject of numerous school district financing lawsuits claiming that other Legislative restrictions on local property taxes have created a ''de facto'' statewide property tax; the
Texas Supreme Court
The Supreme Court of Texas (SCOTX) is the court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the Texas Court of ...
has at times
ruled that the restrictions did in fact do so (and thus were unconstitutional) and at other times ruled that they did not.
Texas has never had a personal
income tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
. In 2019, the constitution was amended to ban any future income tax, which has the effect of requiring a 2/3 majority of the legislature to vote to repeal the ban. Previously, the requirement to pass any future income tax was passage by a statewide
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
, which requires a simple majority vote of the legislature to add the question to a referendum.
In May 2006 the Legislature replaced the existing
franchise tax
A franchise tax is a government levy (tax) charged by some US states to certain business organizations such as corporations and partnerships with a nexus in the state. A franchise tax is not based on income. Rather, the typical franchise tax ca ...
with a
gross receipts tax
A gross receipts tax or gross excise tax is a tax on the total gross revenues of a company, regardless of their source. A gross receipts tax is often compared to a sales tax; the difference is that a gross receipts tax is levied upon the seller of ...
.
Article 9: "Counties"
Article 9provides rules for the creation of counties (
now numbering 254) and for determining the location of county seats. It also includes several provisions regarding the creation of county-wide hospital districts in specified counties, as well as other miscellaneous provisions regarding airports and mental health.
Article 10: "Railroads"
Article 10contains a single section declaring that railroads are considered "public highways" and railroad carriers "
common carrier
A common carrier in common law countries (corresponding to a public carrier in some civil law systems,Encyclopædia Britannica CD 2000 "Civil-law public carrier" from "carriage of goods" usually called simply a ''carrier'') is a person or compan ...
s". Eight other sections were repealed in 1969.
Article 11: "Municipal Corporations"
Article 11recognizes counties as legal political subunits of the State, grants certain powers to cities and counties, empowers the legislature to form school districts.
Texas operates under
Dustin's Rule: counties and special districts are not granted
home rule
Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...
privileges, while cities and school districts have those privileges only in the limited instances specified below.
Sections 4 and 5 discuss the operation of cities based on population. Section 4 states that a city with a population of 5,000 or fewer has only those powers granted to it by general law; Section 5 permits a city, once its population exceeds 5,000, to adopt a charter under
home rule
Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...
provided the charter is not inconsistent with limits placed by the Texas Constitution or general law (the city may amend to maintain home rule status even if its population subsequently falls to 5,000 or fewer).
School districts may adopt home rule, but none have chosen to do so.
Article 12: "Private Corporations"
Article 12contains two sections directing the Legislature to enact general laws for the creation of private
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...
s and prohibiting the creation of private corporations by special law. Four other sections were repealed in 1969, and a fifth section in 1993.
Article 13: "Spanish and Mexican Land Titles"
Article 13 established provisions for Spanish and Mexican land titles from the
Mexican War Era to please the Mexican government. This article was repealed in its entirety in 1969.
Article 14: "Public Lands and Land Office"
Article 14contains a single section establishing the General Land Office and the office of commissioner of the General Land Office. Seven other sections were repealed in 1969.
Article 15: "Impeachment"
describes the process of
impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
and lists grounds on which to impeach judges. The House of Representatives is granted the power of impeachment, while the Senate has power
to try all impeachments.
No person may be convicted save by the consent of two-thirds of the Senators present, who have taken an oath or affirmation to impartially try the impeached. Judgement in impeachment cases does not extend beyond removal from office and disqualification from public office. The convicted remains subject to trial, indictment and punishment according to law.
All officers while subject to impeachment charges are suspended until the verdict by the Senate has been delivered.
Article 16: "General Provisions"
Article 16contains miscellaneous provisions, including limits on interest rates, civil penalties for murder, and the punishment for bribery.
Section 28 prohibits
garnishment
Garnishment is a legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant. Garnishment allows the plaintiff (the "garnishor") to take the money or property of the debtor from the person or institution that holds t ...
of wages, except for spousal maintenance and
child support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
payments (however, this does not limit Federal garnishment for items such as student loan payments or income taxes).
Section 37 provides for the constitutional protection of the
mechanic's lien
A mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property. In the realm of real property, ...
.
Section 50 provides for protection of a homestead against forced sale to pay debts, except for foreclosure on debts related to the homestead (mortgage, taxes, mechanic's liens, and
home equity loan
A home equity loan is a type of loan in which the borrowers use the equity of their home as collateral. The loan amount is determined by the value of the property, and the value of the property is determined by an appraiser from the lending inst ...
s including
home equity lines of credit). This section also places specific restrictions on home equity loans and lines of credit (Texas being the last state to allow them), the section:
*limits the amount of a home equity loan, when combined with all other loans against a home, to no more than 80 percent of the home's fair market value at the time of the loan,
*requires that the advance on a home equity line of credit be at least $4,000 (even if the borrower wants to borrow less than that amount, though nothing prohibits a borrower from immediately repaying the credit line with a portion of said advance),
*requires a 14-day waiting period before any loan or line of credit is effective (at the initial borrowing; later borrowings against a line of credit can still be made in less time), and
*places restrictions on where closing can take place.
Although Texas is a
right-to-work state
In the context of labor law in the United States, the term "right-to-work laws" refers to state laws that prohibit union security agreements between employers and labor unions which require employees who are not union members to contribute to ...
, such protections are governed by law; the state does not have a constitutional provision related to right-to-work.
Article 17: "Mode of amending the Constitution of this State"
Notwithstanding the large number of amendments (and proposed amendments) that the Texas Constitution has had since its inception, the only method of amending the Constitution prescribed b
Article 17is via the Legislature, subject to voter approval. The Constitution does not provide for amendment by
initiative
In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...
,
constitutional convention, or any other means. A 1974 constitutional convention required the voters to amend the Constitution to add a separate section to this Article; the section was later repealed in 1999.
The section also prescribes specific details for notifying the public of elections to approve amendments. It requires that the legislature publish a notice in
officially approved newspapers that briefly summarizes each amendment and shows how each amendment will be described on the ballot. It also requires that the full text of each amendment be posted at each county courthouse at least 50 days (but no sooner than 60 days) before the election date.
Once an amendment passes it is compiled into the existing framework (i.e., text is either added or deleted), unlike the United States Constitution.
Attempts at revision
Because of the unwieldiness of the state constitution, there have been attempts to draft a new constitution or to significantly revise the existing one:
*The most successful of the attempts took place in 1969, when 56 separate obsolete provisions (including the entirety of Article 13, and 22 entire sections from Articles 10, 12, and 14) were successfully repealed.
*In 1971 the Texas Legislature placed on the November 1972 ballot an Amendment which called for the Legislature to meet in January 1974 for 90 days as a
constitutional convention, for purposes of drafting a new state Constitution. The measure passed (thus adding Section 2 to Article 17; the section was later repealed in November 1999) and the Legislature met. However, even with an additional 60 days added to the session, the convention failed by a mere three votes to propose a new constitution.
*In 1975, the Legislature, meeting in regular session, revived much of the work of the 1974 convention and proposed it as a set of eight amendments to the existing constitution. All eight of the amendments were overwhelmingly rejected by the voters (in 250 the state's 254 counties, all eight amendments were defeated; only in
Duval
Duval is a surname, literally translating from French language, French to English language, English as "of the valley". It derives from the Normans, Norman "Devall", which has both English and French ties. Variant spellings include: Davolls, Deav ...
and
Webb
Webb most often refers to James Webb Space Telescope which is named after James E. Webb, second Administrator of NASA.
It may also refer to:
Places Antarctica
* Webb Glacier (South Georgia)
* Webb Glacier (Victoria Land)
* Webb Névé, Victor ...
counties did all eight amendments pass).
*In 1979 the Legislature placed on the ballot four amendments which had their origins in the 1974 convention; of which three were approved by the voters:
**One amendment created a single property tax "appraisal district" in each county for purposes of providing a uniform appraised value for all property in a county applicable to all taxing authorities (previously, each taxing authority assessed property individually and frequently did so at dissimilar values between the authorities)
**Another amendment gave to the
Texas Court of Appeals
The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from district and county courts, criminal and civil, go to one of the fourteen intermediate courts of appeals, with one exception: death penalty cases. ...
criminal appellate jurisdiction (previously, the Courts had jurisdiction over civil matters only; though death penalty cases still bypass this level)
**The last amendment gave the
Governor of Texas
The governor of Texas heads the state government of Texas. The governor is the leader of the executive and legislative branch of the state government and is the commander in chief of the Texas Military. The current governor is Greg Abbott, who ...
limited authority to remove appointed statewide officials
*In 1995, Senator John Montford drafted a streamlined constitution similar to the 1974 version. However, Montford resigned his seat to become chancellor of the
Texas Tech University System
The Texas Tech University System is a state university system in Texas consisting of five universities in the state of Texas, of which three are general-academic universities, Texas Tech University, Angelo State University and Midwestern State U ...
, and his initiative subsequently died.
Later that year, though, voters approved an amendment abolishing the office of
State Treasurer
In the state governments of the United States, 48 of the 50 states have the executive position of treasurer. New York abolished the position in 1926; duties were transferred to New York State Comptroller. Texas abolished the position of Texas ...
and moving its duties to the
Texas Comptroller of Public Accounts
The Texas Comptroller of Public Accounts is an executive branch position created by the Texas Constitution. The comptroller is popularly elected every four years, and is primarily tasked with collecting all state tax revenue and estimating the a ...
office.
*In 1998, a bipartisan effort (led by Republican Senator
Bill Ratliff
William Roark Ratliff (born August 16, 1936), is an American politician and engineer who served as a member of the Texas Senate from 1988 to 2004. and Democratic Representative Rob Junell) produced a rewritten constitution, with the help of students from
Angelo State University
Angelo State University is a public university in San Angelo, Texas. It was founded in 1928 as San Angelo College. It gained university status and awarded its first baccalaureate degrees in 1967 and graduate degrees in 1969, the same year it too ...
(Junell's district included the San Angelo area). The second draft was submitted to the 76th Legislature, but failed to gain support in committee.
History
On March 1, 1845, the US enacted a congressional joint resolution proposing the annexation of Texas to the United States (Joint Resolution for annexing Texas to the United States, J.Res. 8, enacted March 1, 1845, ). On June 23, 1845, the Texan Congress accepted the US Congress's joint resolution, and consented to
President Jones' calling of a convention to be held on July 4, 1845. A Texas convention debated the annexation offer and almost unanimously passed an ordinance assenting to it on July 4, 1845. The convention debated through August 28, and adopted the Constitution of the State of Texas on August 27, 1845. The citizens of Texas approved an annexation ordinance and new constitution on October 13, 1845. On December 29, 1845, the United States
admitted the State of Texas to the Union (Joint Resolution for the admission of the state of Texas into the Union, J.Res. 1, enacted December 29, 1845, ).
On June 17, 1865, President
Andrew Johnson
Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...
appointed
Andrew Jackson Hamilton
Andrew Jackson Hamilton (January 28, 1815 – April 11, 1875) was an American politician during the third quarter of the 19th century. He was a lawyer, state representative, military governor of Texas, as well as the 11th Governor of Texas during ...
as the provisional civilian governor of the state and directed him to convene a constitutional convention restricted to loyal Americans. A referendum was held on June 25, 1866, pursuant to the laws then in force on March 29, for the ratification of the amendments proposed by the convention.
Texas adopted yet a new constitution document in 1866 once the United States accepted Texas back into the Union. Then, delegates met in 1869 and drafted a new constitution once again. This time, the newly modified law of the land aimed to protect rights for former slaves, and placed more power on centralized state power (p. 57, Practicing Texas Politics, 2015).
See also
*
Texas Declaration of Independence
The Texas Declaration of Independence was the formal declaration of independence of the Republic of Texas from Mexico in the Texas Revolution. It was adopted at the Convention of 1836 at Washington-on-the-Brazos on March 2, 1836, and was formal ...
*
Constitution of the Republic of Texas
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845.
On March 2, 1836, Texas declared itself an independent republic because of a lack of support in the United States for the Texas Revolution. The declaration ...
*
Law of Texas
The law of Texas is derived from the ''Constitution of Texas'' and consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local laws and regulations.
Sources
The Constitution of Texas is t ...
* The
Constitution of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...
, the world's longest national constitution
* The
California Constitution
The Constitution of California ( es, Constitución de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's original co ...
, also known for its length
* The
Constitution of Alabama
The Constitution of the State of Alabama is the basic governing document of the U.S. state of Alabama. It was adopted in 2022 and is Alabama's seventh constitution.
History
Alabama has had seven constitutions to date, all but the current one est ...
, also known for its length
References
*
* Hill, John L., ed. (1976). ''Constitution of the State of Texas.'' Austin:
ffice of the Attorney General of Texas
** ''Includes the text of the constitution as of November 2, 1976, along with a brief informational introduction.''
External links
*
* Text of all amendments added to the Texas Constitution since 1876.
* Part of a larger website about Texas government and politics.
* Constitution text as of April 22, 1975, including "information regarding the origins, historical development, and contemporary meaning of each section" along with "interpretive comments" (annotations completed 1973–1976).
* Historic constitutions and constitutional convention materials, 1824–1876, including the original, unamended text of the 1876 constitution.
* 32-volume "compilation of the laws and political documents of Texas" covering 1822–1939; includes th
1836 Constitution of the Republic of Texas as well as the state constitutions o
1861an
1866
{{Constitutions of the United States
1876 in law
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...