The Texas Constitution

Chapter 21

O’Connor and Sabato

American Government: Continuity and Change

The Texas Constitution

In this chapter we will cover…

1. Roots of the Texas Constitution

2. Current Texas Constitution

3. Constitutional Revision

Roots of the Texas Constitution Constitutions of

1836 Republic of

1845 State of

1861 Confederacy

1866 Union again

1876 Post Reconstruction

Current Texas Constitution

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

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

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

Constitutional Revision

Two methods of revision

1. Piecemeal through series of amendments

2. Comprehensive through adoption of a new constitution

Piecemeal

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 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