The Texas Constitution
Chapter 21
O’Connor and Sabato
American Government: Continuity and Change
The Texas Constitution
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In this chapter we will cover…
1. Roots of the Texas Constitution
2. Current Texas Constitution
3. Constitutional Revision
Roots of the Texas Constitution
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Constitutions of
1836
Republic of
1845
State of
1861
Confederacy
1866
Union again
1876
Post Reconstruction
Current Texas Constitution
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Shaped by Reconstruction
Convention of 1875 - Delegates (number,
demographics, and interests)
Constitution of 1876 – restrictive
Separation of powers
Dedicated funds
Education
Amending
Type of Election, Voter Turnout, and
Constitutional Amendment Adoption
Amendments to the Texas Constitution,
1877-2002
Current Constitution
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Has seventeen numbered articles
Restrictive – quite detailed in describing the
structure and powers of government
Several articles dealing with local
government
The constitution limits legislature in enacting
fiscal policies (taxing/spending)
Requires a balanced budget
Current Constitution
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Dedicated funds require that certain tax monies be
deposited in particular funds
Dedicated funds can only be used for specific
purposes e.g., portion of state gasoline tax to
Highway Trust Fund
1876 Constitution always establishes one method of
amendment- including proposed by two-thirds of
both Houses and voter approval by simple majority
Criticism of Today’s Constitution
Too many amendments
 Too long
 Too limiting
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Constitutional Revision
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Two methods of revision
1.
Piecemeal through series of
amendments
2.
Comprehensive through adoption
of a new constitution
Piecemeal
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Constitution has been amendment often- beginning
soon after adoption
Many piecemeal changes resulted from
comprehensive reform efforts
League of Women Voters and the Citizens Advisory
Committee
Many Texans favor rewriting state Constitution
Comprehensive Revision Efforts
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First calls for comprehensive revision - 1877
Between 1991-1949 legislature regularly
considered constitutional reform
Constitutional Revision Commission 1974
Why did it fail?
1999 efforts – including stronger chief
executive powers - also failed