What version of the Texas Constitution do we operate under today?

Hey, Texplainer: Why does the Texas Constitution have so many amendments?

This November, another 10 constitutional amendments approved by the state Legislature will be put to a vote in a biennial referendum that’s become something of a tradition in Texas.

The proposed amendments, which range from a measure allowing El Paso County to finance parks and recreational areas, to a measure facilitating partnerships between cities, counties or government agencies, will bring the total number of amendments considered by Texas voters to 656 since the current state Constitution was ratified on Feb. 15, 1876. Of those, 467 amendments have been approved — the fourth-highest number of amendments of any state, behind Alabama, California and South Carolina. Why has the Texas Constitution been changed so much?

Another reason for the difference between the two constitutions lies in the different philosophical approaches the framers of the constitutions had about the role of government. The U.S. Constitution sets out the responsibilities and powers of government, and then grants Congress the “power - To make all Laws which shall be necessary and proper for carrying” into being the powers granted in the rest of the document. This, the Necessary and Proper Clause, is the justification for a wide array of federal powers not specifically enumerated by the Constitution itself.

There is no equivalent to that clause in the Texas Constitution. Instead, the powers granted to the Legislature and governor include only those specifically written in the state Constitution. So, even small legislative changes — like allowing El Paso County to finance its own parks with local taxes — can require a constitutional amendment and a referendum.

A good example of the challenges posed by this type of restrictive constitution is Article X, one of the 17 articles in the Texas Constitution. The article dealt with the regulation of railroads — a hot-button issue in 1876. Article X has remained in the Constitution long after the federal government took over regulatory duties for transportation, and in 1969, all except one of the Article’s sections was repealed. The remaining section is likewise outdated, and has little force of law.

Over the years, there have been many attempts to clean up the ever-growing document. A constitutional convention called by the Legislature in 1974 met for 150 days before ending in gridlock: The proposed constitution fell short by three votes, with 118 for and 62 against. When the Legislature tried to add parts of the proposed constitution to the current one a year later in the form of eight constitutional amendments, all were overwhelmingly rejected by voters.

In 1999, state Sen. Bill Ratliff, R-Mt. Pleasant, and state Rep. Rob Junell, D-San Angelo, proposed a rewritten constitution which attempted to simplify the document and streamline state government. The bill died in committee, but the bill’s authors remained convinced of the need for reform.

At least Texas’ Constitution isn’t the most unwieldy: Alabama's Constitution, which has been amended 827 times, is more than 340,000 words long. That’s three times as long as the longest constitution of a soverign nation, India's. And California’s Constitution, which allows constitutional amendments to be introduced to the ballot by petition, has contributed significantly to the state’s budgetary woes and was the subject of a special report in The Economist earlier this year.

Barring a constitutional convention, though, Texas voters should get used to watching more obscure amendments sail through the approval process, whether its 2003’s Proposition 21, which allowed “a current or retired faculty member of a public college or university to receive compensation for service on the governing body of a water district," or Proposition 5, from 2001, which permitted “cities to donate used firefighting equipment to foreign countries.”

Bottom line: The way the Texas document is written makes it, perhaps paradoxically, both fairly easy to amend and highly restrictive in the powers it grants, making frequent and often highly specific changes necessary. 

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The Texas Constitution establishes the fundamental laws under which all of its citizens are governed. The Constitution that we use today was first adopted in 1876. However, Texas has operated continuously under a constitutional government since 1824, a dozen years before the Fall of the Alamo!

Under the Mexican Constitution of 1824, the regions of Texas and Coahuila were combined into one state. Soon after, the state Constitution of Coahuila and Texas was adopted and governed the region.

Constitution of 1827

In 1827, the combined state of Texas and Coahuila wrote their own constitution. Its government was comprised of a unicameral legislature, executive branch, and judicial branch. The legislature contained 12 deputies, two of which were elected by popular vote. The executive branch had a governor and vice-governor and the judicial branch had courts that could oversee minor cases and crimes. There were also two provisions that many Texans ignored. One required that required Catholicism as the state religion and one that prohibited slaves.

Constitution of 1833

Wanting separation from Coahuila and their own state government, Texans met in San Felipe for the Conventions of 1832 and 1833. Several controversial Mexican policies were discussed as well. The Texans wanted to petition the anti-immigration law of April 1830, prohibit the African slave trade into Texas, pass more tariff exemptions, and have better defense against Natives. In case their requests were granted by the Mexican government, the delegates wrote their own constitution, the Constitution of 1833. It set up a state government very similar to that of the United States, with a bicameral legislature, executive branch, and judicial branch. Stephen F. Austin was sent to the Mexican capital of Mexico City to deliver the proposals but was rejected and imprisoned until 1835.

Consultation of 1835

The Consultation of 1835 met to discuss options of actions to take after the quarrels with Mexico. These included the characteristics and virtues of various leaders, the purpose of war, and the power and structure of the government. After a week of meeting, the delegates voted to support the Mexican Constitution of 1824. However, almost simultaneously, Santa Anna had begun to assume more and more power past what the Constitution allowed. Therefore, the delegates decided that Texas had the right to declare independence.

Constitution of 1836

The Convention of 1836 met at Washington on the Brazos and adopted the Texas Declaration of Independence. They also framed the Constitution of 1836, which served throughout the Republic of Texas. The Constitution set up a government much like the US’s with a system of checks and balances amongst three branches. It also allowed for slavery, gave voting rights to males, and prohibited citizenship for African Americans and Natives. Additionally, it contained a complex amendment process that was never used.

Constitution of 1845

The United States Congress proposed Resolution Annexing Texas and the Convention of 1845 was assembled to consider the proposal. The Constitution of 1845 was approved by both the people of Texas and the Congress of the United States. The bicameral legislature was continued, with Representatives serving two-year terms and Senators serving four-year terms. The governor could serve up to four years in a six-year period, or two two-year terms. They had the power to grant pardons and reprieves, was the commander-in-chief of the state militia, could convene the legislature, and veto legislation. The judicial branch consisted of a Supreme Court, district courts, and other courts. Amendments required a two-thirds vote in the legislature and a majority popular vote. It also set up a public school system and the Permanent School Fund.

Constitution of 1861

At the outbreak of the Civil War, the Secession Convention of 1861 met in Austin and modified the Constitution of 1845 to reflect Texas’ new alliance with the Confederacy. The new Constitution of 1861 was kept very similar to its predecessor as most laws were consistent with the Confederacy. The terms “the United States of America” were changed to “the Confederate States of America” and the law allowing for the emancipation of slaves was taken out.

Constitution of 1866

After the war, this was replaced by the Constitution of 1866, which served during much of the Reconstruction Era following the defeat of the Confederacy. This constitution had to include the new laws required to be admitted back into the Union, namely declaring slavery and secession illegal. Legislators were also now required to be white men and the governor’s terms were changed to four years. The Supreme Court also increased from three to five judges. Additionally, the amendment process was changed so that it required a three-fourths vote in both houses and governor approval.

Constitution of 1869

In 1869, another constitution was written after the Reconstruction Acts were passed in the US Congress. After the Constitutional Convention of 1869 dissolved over factional differences, military officers drafted the new constitution. Major changes included extending equality of the law to all persons and compulsory school attendance. Senators’ terms were also extended to six years. Texans with Confederate sympathies were barred from voting to approve this constitution, which allowed for it to be passed.

Constitution of 1876

In 1873, Democrats regained control of the Texas government and decided to rewrite the state constitution. Wanting to dramatically downsize the power and influence of the government, the writers drafted a very specific and detailed document. Legislative sessions were reduced and only allowed every other year, divided the governor’s power among several executive leaders, and divided the courts into two systems for criminal and civil cases. After being amended over 450 times, the Constitution of 1876 remains in power today.

The complete text of the current Constitution of Texas, as amended through November 5, 2019, is available below or downloadable here. This is recommended reading for all Texans!