9.3 The Texas Constitution and its amendments

The Texas Constitution of 1876 is a cornerstone of state governance, reflecting Texan values of limited government and individual rights. It's one of the longest state constitutions, with 17 articles covering everything from the Bill of Rights to railroads.

Despite its importance, the constitution faces criticism for being outdated and inflexible. This has led to frequent amendments, with voters deciding on changes in special elections. These amendments have expanded rights, addressed modern challenges, and shaped Texas's unique political landscape.

Texas Constitution: Context and Significance

Historical Background and Development

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  Texas Government 1.0, Texas' Constitution, Chapter 2.6: Constitution of 1866 | OER Commons View original

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  Texas Government 1.0, Texas' Constitution, Chapter 2.6: Constitution of 1866 | OER Commons View original

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  Texas Government 1.0, Texas' Constitution, Chapter 2.7: Constitution of 1869 | OER Commons View original

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  Texas Government 1.0, Texas' Constitution, Chapter 2.7: Constitution of 1869 | OER Commons View original

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  Texas Government 1.0, Texas' Constitution, Chapter 2.6: Constitution of 1866 | OER Commons View original

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  Texas Government 1.0, Texas' Constitution, Chapter 2.7: Constitution of 1869 | OER Commons View original

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• Texas Constitution of 1876 adopted as a response to perceived Reconstruction-era abuses led to limited state authority and government distrust
• Document influenced by U.S. Constitution and other state constitutions (Louisiana and Pennsylvania)
• Replaced Reconstruction-era Constitution of 1869 viewed as overly centralized and oppressive by Texans
• One of the longest and most detailed state constitutions in the United States restricts governmental power
• Criticized for length, rigidity, and outdated provisions resulted in numerous amendment attempts
• Remains a fundamental expression of Texan values emphasizes individual rights, local control, and fiscal conservatism

Unique Features and Criticisms

• Exceptional length and detail compared to other state constitutions reflects framers' intent to limit government power
• Rigidity necessitates frequent amendments to address changing societal needs and technological advancements
• Outdated provisions create challenges for modern governance and efficient administration
• Emphasis on restricting government power sometimes hinders effective policymaking and problem-solving
• Detailed nature of the constitution leads to micromanagement of state affairs through constitutional amendments
• Reflects deep-seated Texan values of individualism, local autonomy, and fiscal responsibility

Key Articles and Provisions of the Texas Constitution

Structural Framework and Separation of Powers

• Consists of preamble and 17 articles addressing specific aspects of state government and civil rights
• Article I (Bill of Rights) enumerates fundamental individual rights and liberties (freedom of speech, religion, right to bear arms)
• Article II establishes separation of powers between legislative, executive, and judicial branches
• Article III outlines Texas Legislature structure and powers includes bicameral nature and term limits
• Article IV defines executive branch powers and responsibilities features plural executive system unique to Texas
• Article V establishes Texas court system structure and jurisdiction includes Supreme Court and Court of Criminal Appeals

Specific Policy Areas and Governance

• Article VIII addresses taxation and revenue outlines state's fiscal policies and limitations
• Article XI focuses on local government defines powers and limitations of counties, cities, and other local entities
• Article VII covers education establishes framework for public education system and funding
• Article IX deals with counties outlines their creation, organization, and powers
• Article X addresses railroads regulates railroad companies and their operations within the state
• Article XVI (General Provisions) covers miscellaneous topics includes regulations on alcohol, gambling, and public offices

Amending the Texas Constitution

Legislative Process and Voter Approval

• Amendments proposed only by Texas Legislature not through citizen initiatives
• Joint resolution for amendment requires two-thirds approval from total membership of each legislative house
• Proposed amendments submitted to Texas voters for approval in statewide election
• Simple majority of votes cast required for amendment ratification and addition to Constitution
• Governor has no formal role in amendment process cannot veto proposed amendments
• Texas experiences high frequency of constitutional amendments compared to other states
• Amendment elections typically held in odd-numbered years to focus voter attention on constitutional issues

Technical Aspects and Support

• Texas Legislative Council responsible for drafting clear and impartial ballot language for proposed amendments
• Secretary of State's office provides voter education materials on proposed amendments
• State agencies and interest groups often conduct public information campaigns to explain amendment implications
• Amendment process allows for correction of errors or unintended consequences in previously adopted amendments
• Unsuccessful amendment proposals can be reintroduced in subsequent legislative sessions
• Some amendments require enabling legislation to implement their provisions after voter approval

Impact of Significant Amendments

Expansion of Rights and Government Functions

• Home Rule Amendment of 1912 granted cities with populations over 5,000 right to adopt own charters increased local autonomy
• 1954 amendment established Veterans' Land Board provided land purchase assistance to Texas veterans
• 1972 Equal Rights Amendment prohibited discrimination based on sex, race, color, creed, or national origin
• Creation of Texas Lottery in 1991 significantly impacted state revenue and education funding
• 2005 amendment defining marriage as between one man and one woman later superseded by U.S. Supreme Court decision (Obergefell v. Hodges)

Addressing Modern Challenges and Priorities

• 2015 amendment dedicated certain sales tax revenue to state highway fund addressed ongoing transportation infrastructure needs
• Recent amendments focused on property tax relief aimed at easing burden on homeowners and businesses
• Water conservation amendments established funds and programs to address Texas' long-term water security
• Creation of Cancer Prevention and Research Institute of Texas through amendment reflects commitment to medical research and public health
• Amendments allowing for remote legislative sessions during emergencies addressed needs highlighted by COVID-19 pandemic
• Environmental protection amendments established funds for state parks and historical site preservation