Texas Constitution

Texas Constitution
Preamble
Articles
1 • 2 3 (1-43) • 3 (44-49) • 3 (50-67) 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • Appendix

The Texas Constitution is the State constitution of Texas.

• The current Texas Constitution was adopted in 1876.
• Texas has had five state constitutions.
• The current state constitution has 17 articles.
• The current Texas Constitution has been amended 528 times.
• Voters last approved amendments to the Texas Constitution on November 7, 2023, when voters approved 13 of the 14 amendments on 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 mechanism or a lack of clarity in the process for calling a constitutional convention.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Background

Texas became the 28th state on December 29, 1845. The state's first constitution was from statehood until 1861, which was when the second constitution became effective. Texas has held five state constitutional conventions, including 1845.

The second state constitutional convention was held in 1861 when Texas seceded. The Secession Convention ratified the Constitution of the Confederate States of America and amended the Texas Constitution to conform to the Confederate Constitution.

The third state constitutional convention was held in 1866 following the end of the Civil War. In 1876, the 1866 constitution was declared illegal under Congressional Reconstruction laws, and Texas was placed under military rule.

The fourth state constitutional convention was held in 1868-1869. The 1869 constitution was ratified by a vote of 72,466 in favor to 4,928 opposed.

The fifth state constitutional convention was held in 1875. There were 90 delegates, 76 Democrats and 14 Republicans. The 1876 constitution was ratified by a vote of 136,606 in favor to 56,652 opposed.

Preamble

See also: Preamble, Texas Constitution and Preambles to state constitutions

The preamble to the Texas Constitution states:

	Humbly invoking the blessings of Almighty God the people of the State of Texas do ordain and establish this Constitution.

Article 1: Bill of Rights

See also: Article 1, Texas Constitution

Article 1 of the Texas Constitution is entitled the "Bill of Rights" and consists of 34 sections. The article originally contained 29 sections; 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 under any circumstances.

Every provision of the first ten amendments to the United States Constitution has a counterpart in Article 1 of the Texas Constitution.

Click here to read this article of the Texas Constitution.

Article 2: Power of Government

See also: Article 2, Texas Constitution

Article 2 of the Texas Constitution is labeled as the "Power of Government" and provides for the separation of the powers of the government.

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Article 3: Legislative Department

See also: Article 3, Texas Constitution

Article 3 of the Texas Constitution is labeled "Legislative Department." It vests the legislative power of the state in the Legislature of the State of Texas and establishes that the legislature consists of the Texas Senate and Texas House of Representatives.

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Article 4: Executive Department

See also: Article 4, Texas Constitution

Article 4 of the Texas Constitution is entitled "Executive Department" and consists of 26 sections. It describes the powers and duties the state's executive officials.

Article 5: Judicial Department

See also: Article 5, Texas Constitution

Article 5 of the Texas Constitution is labeled as the "Judicial Department" and consists of 32 sections, three of which have been repealed. It describes the composition, powers and jurisdiction of the Texas Supreme Court, the Court of Criminal Appeals, the Court of Appeals, the District, County and Commissioners Courts and the Justice of the Peace Courts.

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Article 6: Suffrage

See also: Article 6, Texas Constitution

Article 6 of the Texas Constitution is labeled "Suffrage" and consists of five sections. This article defines classes of persons not allowed to vote including minors, persons convicted of a felony and people deemed mentally incompetent by a court.

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Article 7: Education

See also: Article 7, Texas Constitution

Article 7 of the Texas Constitution is labeled "Education" and consists of 20 sections, two of which have been repealed. It establishes provisions for public schools, asylums and universities. This article also discusses the creation and maintenance of the Permanent University Fund and mandates the establishment of a "university of the first class" (the University of Texas) as well as an agricultural and mechanical university (Texas A&M University).

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Article 8: Taxation and Revenue

See also: Article 8, Texas Constitution

Article 8 of the Texas Constitution is labeled "Taxation and Revenue." It places various restrictions on the ability of the Legislature and local governments to impose taxes. Most of these restriction concern local property taxes and, in some cases, prohibits statewide property taxes). Texas does not have a personal income tax, and section 24, added by an amendment adopted in 1993, restricts the ability of the Texas State Legislature to impose such a tax.

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Article 9: Counties

See also: Article 9, Texas Constitution

Article 9 of the Texas Constitution is labeled as "Counties" and consists of 14 sections, three of which have been repealed and one of which is blank. It provides rules for the creation of counties and determining the location of county seats.

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Article 10: Railroads

See also: Article 10, Texas Constitution

Article 10 of the Texas Constitution is labeled "Railroads." It originally consists of nine sections, eight of which have been repealed.

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Article 11: Municipal Corporations

See also: Article 11, Texas Constitution

Article 11 of the Texas Constitution is labeled "Municipal Corporations" and consists of 13 sections, two of which have been repealed. It recognizes counties as legal political sub-units of the state, grants certain powers to cities and counties and empowers the legislature to form school districts.

Click here to read this article of the Texas Constitution.

Article 12: Private Corporations

See also: Article 12, Texas Constitution

Article 12 of the Texas Constitution is labeled "Private Corporations" and consists of seven sections, five of which have been repealed.

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Article 13: Spanish and Mexican Land Titles

See also: Article 13, Texas Constitution

Article 13 of the Texas Constitution was repealed on August 5, 1969. It was labeled as "Spanish and Mexican Land Titles" and established provisions for Spanish and Mexican land titles.

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Article 14: Public Lands and Land Office

See also: Article 14, Texas Constitution

Article 14 of the Texas Constitution is labeled as "Public Lands and Land Office" and consists of its eight sections, seven of which have been repealed. Its single section establishes the General Land Office and the office of commissioner of the General Land Office.

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Article 15: Impeachment

See also: Article 15, Texas Constitution

Article 15 of the Texas Constitution is labeled "Impeachment" and consists of nine sections. It lays out the rules under which Texas government officials can be removed from office and describes the process of impeachment. The Texas House of Representatives is granted the power of impeachment.

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Article 16: General Provisions

See also: Article 16, Texas Constitution

Article 16 of the Texas Constitution is entitled "General Provisions" and consists of 73 sections, 27 of which have been repealed and one of which has been redesignated.

Miscellaneous provisions include limits on interest rates, civil penalties for murder, the punishment for bribery, prohibitions on garnishment of wages and provisions for the constitutional protection of a mechanic's lien.

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Article 17: Mode of Amending the Constitution of This State

See also: Article 17, Texas Constitution

Article 17 of the Texas Constitution is entitled "Mode of Amending the Constitution of This State" and consists of two sections, of which one has been repealed. It prescribes the procedure for amending the constitution.

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Appendix

See also: Texas Constitution Appendix

The Appendix contains temporary provisions for adopted amendments.

Click here to read the appendix of the Texas Constitution.

Amending the Texas Constitution

See also: Amending state constitutions, Laws governing ballot measures in Texas and Article 17, Texas Constitution

The Texas Constitution provides one mechanism for amending the state's constitution—legislatively referred constitutional amendments. Texas requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.

Legislature

See also: Legislatively referred constitutional amendment

According to Article 17, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A two-thirds (66.67%) vote is required during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Texas Constitution and Statutes, "Texas Constitution"
• Constitution of the Republic, 1836 from Gammel's Laws of Texas, Vol. I. hosted by the Portal to Texas History.
• Constitution of the State of Texas, 1861 from Gammel's Laws of Texas, Vol. V. hosted by the Portal to Texas History.
• Constitution of the State of Texas, 1866 from Gammel's Laws of Texas, Vol. V. hosted by the Portal to Texas History.
• Texas Legislative Research Library - Constitutional amendments search: A search engine that retrieves summaries of proposed amendments, both adopted and defeated
• Amendments to the Texas Constitution from 1876-present
• Texas State Historical Society, "Constitution of 1876"