The Texas Constitution

¶ … government of Texas like all state governments in the United States was formed subject to the provisions of a constitution. In the case of the state of Texas, their current constitution took effect on February 15, 1876 but it was preceded by four prior constitutions since Texas became a state in 1845. Interestingly, not only has Texas had five separate constitutions its present constitution has been amended a total of 456 times since its enactment.

Like the constitution itself, which is quite lengthy and seemingly unorganized, the amendment procedure under the Texas constitution is complicated and prolonged. Article 17, which governs the amendment procedure, all proposed constitutional amendments must be brought by joint resolution of both houses of the Texas legislature. Either house, the Senate or the House, may originate the amendment but in order for the amendment to be presented to the voters for approval it must receive support from at least two-thirds of the members of both the Senate and the House of Representatives.

Once a potential amendment is approved by both houses the proposal is submitted to the voters for approval. The scheduling of the election to consider the amendment can be done at any time as long as the proper notice is provided to the voters and time is allotted to print the ballots. Proper notice to the voters includes a brief explanatory statement relative to the nature of the proposed amendment along with the precise ballot wording of the amendment. This notice must be published at least twice in every newspaper in the state that typically publishes official notices with the first notice occurring 50 to 60 days prior to the election. The notice must also be posted in each county courthouse at least 30 days prior to the election. Responsibility for assuring that these notice provisions are complied with lies with the Secretary of State.

In the event that the amendment is approved, the amendment will take effect when the official vote canvass confirms that the proposal has received majority approval unless the terms of the amendment specify a later effective date. The canvassing procedure is required to be completed within 15 to 30 days following the election date. If the amendment is rejected by the voters the legislature has the option of resubmitting the proposal to the voters for reconsideration.

As odd as it may seem, the fact that Texas' constitution has been amended so frequently is not an anomaly. The changing nature of state constitutions is far more the standard procedure than otherwise. Unlike the U.S. Constitution which is an abstract document most state constitutions tend to be more detailed and lengthier and subject to far more amending. In fact, the length of state constitutions is arguably one of the reasons why they are subject to far more amendments. With length comes specificity which reduces flexibility and as public policies change the need for amendment arises.