Texas Constitution

The Texas Constitution is the governing document for the state of Texas.

The current Constitution was adopted by voters in 1876.

Its preamble states,

The Texas Constitution is highly restrictive: it states that the government has only the powers specifically enumerated therein (it does not have the state equivalent of the United States Constitution's "Necessary and Proper Clause") and also significantly limits the government's ability to take on debt and/or pledge the state's credit for certain obligations. As such, through the end of the 87th Texas Legislature (2022) 700 amendments have been proposed to it, of which the voters have approved 517, rejected 180, and interestingly three amendments never made it to the ballot. The number of amendments is somewhat high given that the Texas Constitution allows for only one mode of amendment: amendments passed by the Legislature and approved by the voters (the initiative method, frequently used to amend California's Constitution, is not permitted). Because of the frequent amendments, it is also the second-longest state constitution behind the extremely verbose Alabama Constitution even after a recompilation of the latter. Attempts at a total rewrite or major revisions to the Texas Constitution in the 1970's were rejected by voters: the only significant revisions took place in 1969 when the entirety of Article XIII (an obsolete provision dealing with Spanish and Mexican land titles) and 53 other obsolete sections from other Articles were proposed for removal and approved.

Unlike the Alabama or United States Constitutions, amendments (or repeals thereof) are incorporated into the actual text of the Texas Constitution. This has resulted in some odd numbering, because whatever number is assigned in the resolution proposing an amendment is the one used, even if another amendment with the same number is also proposed and approved in the same year: for example, Article III (dealing with the Legislature) has two separate sub-sections both numbered "49-n" and two other separate ones each numbered "49-d-14" (and a prior two numbered "49-g", though one of those was later repealed).

Structure

• Preamble
  • The preamble states: "Humbly invoking the blessings of Almighty God, the people of the State of Texas do ordain and establish this Constitution."
• Article I: Bill of Rights
  • The Texas Constitution's Bill of Rights is more restrictive than the United States Constitution's in places (for example, suspension of habeas corpus is strictly prohibited, whereas the national Constitution allows for suspension in limited instances) and contains provisions not found in the national Constitution (such as the guarantee of the right to hunt and fish, subject only to laws allowing for wildlife preservation).
• Article II: The Powers of Government
  • As with the national structure, the powers are separated into the three, co-equal branches of Legislative, Executive and Judicial.
• Article III: Legislative Department
  • Establishes a bicameral legislature consisting of a 150-member House of Representatives and a 31-member Senate, and qualifications for the same. Also states when the Legislature shall meet (140 days every other year, in years ending with an odd number); notably, the Legislature lacks the power to call itself into special session.
  • Sections 49 through 51 heavily restrict the Legislature's ability to take on debt, pledge the state's credit against obligations, or spend in excess of projected revenue. As such, numerous sub-sections (which are titled Sections) have been added (after voter approval) to issue bonds for various projects.
    • Section 49a requires the Texas Comptroller of Public Accounts to prepare and certify, prior to the start of each regular session, the amount of revenue estimated for the next biennium (beginning September 1 after the Legislature adjourns and ending August 31 in the second year following). Absent a public emergency and then only with 4/5 vote of both chambers can this estimate be exceeded; should the Legislature pass appropriations in excess of the estimate the Comptroller has the authority to return it to the originating chamber.
    • Section 49-g (the second sub-section so numbered, a prior one was later repealed) establishes the Economic Stabilization Fund, more popularly called the "Rainy Day Fund". The fund has grown tremendously in recent years (with rising oil and gas prices, as it is funded from severance taxes above an established threshold) and is sometimes used by the Legislature to fund major capital projects.