Constitution of Texas

The Texas Constitution describes the structure and functions of the state government of Texas. It is considered the highest law of the state.

The original constitution is more than 140 years old, dating to 1876. Over the years, the constitution has been amended more than 500 times.

Preamble

The Texas Constitution begins with a one-sentence preamble:

“Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.”

Bill of Rights

Article 1 is the state’s bill of rights, which recognizes individual liberties. These include:

• Peaceable assembly: Citizens have a right to protest. However, violent assemblies (riots) are not protected.
• Freedom of worship: Citizens may worship freely as they choose, and they cannot be compelled to attend any certain place of worship. Furthermore, “no preference shall ever be given by law to any religious society or mode of worship.”
• Freedom from unreasonable search and seizure: Citizens cannot be searched by law enforcement without probable cause.
• Jury trial: Criminal defendants are entitled to “a speedy public trial by an impartial jury.”
• Freedom of speech: “Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege.” This means that citizens may speak freely but also may be held responsible in court for defamation.

Many of these rights are similar or identical to the rights enumerated in the U.S. Constitution’s Bill of Rights. For example, the Texas Constitution’s prohibition against “unreasonable searches and seizures” is essentially the same as the U.S. Fourth Amendment, except that the language is more modern. On the other hand, several provisions are unique to the Texas Constitution. For instance, Texans are guaranteed “the right to hunt, fish, and harvest wildlife…subject to laws or regulations to conserve and manage wildlife.”

The Texas Bill of Rights also defines marriage as consisting “only of the union of one man and one woman.” This section, however, was invalidated as a consequence of the U.S. Supreme Court case Obergefell v. Hodges.

Branches of Government

“The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy… and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.”

Article 2, Section 1 of the Texas Constitution, adopted 1876

Article 2 of the Texas Constitution provides for the separation of powers of the Legislative, Executive, and Judicial branches of the state government. The purpose of this article is to ensure that each branch of government properly exercises its own powers, without usurping the powers of the other branches. For example, it would be improper for the legislature to rule in a criminal trial (that would be the job of the judiciary), and likewise it would be inappropriate for the judiciary to create a new law, since that is a power of the legislature.

Nevertheless, the legislative, executive, and judicial branches interact with each other in various ways, with checks and balances among them. Overall, the three branches are considered co-equal and fulfill different roles.

Legislative Branch

“The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled ‘The Legislature of the State of Texas.'”

Article 3, Section 1 of the Texas Constitution, adopted 1876.

Article 3 is about the branch of state government that makes laws and budget of the state, the Texas Legislature. The legislature consists of two parts, the Senate, which has 31 members, and the House of Representatives, which has 150 members.and

Article 3 also lists the qualifications required of senators and representatives, and regulates certain details of the legislative process.

Article 3, Section 49 limits the power of the state to incur debt. In general, the state must spend within its revenue, and cannot rely on deficit spending, unlike the federal government. A few exceptions are allowed, such as the need to “repel invasion, suppress insurrection, or defend the State in war.” This section does not apply to political subdivisions, which can borrow money for specified purposes.

Article 3, Section 49-g establishes the state’s Economic Stabilization Fund, which is more commonly called the “Rainy Day Fund.” This fund was established after an oil bust in the 1980s, at which time state revenues were highly dependent on oil production tax.

Executive Branch

Article 4 describes Texas’s plural executive system, which divides the executive branch into separate offices, including the Governor, Lieutenant Governor, Comptroller, Commissioner of the General Land Office, Secretary of State, and Attorney General. Because these officers are each elected separately, except the Secretary of State, they are not accountable to a single executive, as is the case in the federal system. Over the years, additional offices have been added to the executive branch through law, but these six are the ones originally established by the constitution, and are still among the most prestigious and important state offices.

Article 4 sets forth the powers and duties of these officials and sets the term of office of each at four years, except for the Secretary of State. The Secretary of State is the only officer named in Article 4 who is appointed by the governor (with the consent of the senate). The Secretary of State serves a term concurrent with that of the appointing governor.

Governor’s Powers

The governor of Texas serves a four-year term, beginning in January after the legislature has convened. Sections 4, 5, and 6 of the Texas Constitution describe the qualifications for the office, authorize the governor to receive a salary and use the governor’s mansion, and prohibit the governor from holding other other offices, practicing a profession, or receiving extra pay from other sources while in office.

The Texas Constitution lays out various powers and duties of the governor:

• Commander-in-Chief: The Governor serves as Commander-in-Chief of Texas’ military forces, except when they are under U.S. control, with the authority to call the militia for state needs (Article 4, Section 7).
• Filling Vacancies: The Governor has the power to fill vacancies in state or district offices, such as district judges or district attorneys (Article 4, Section 12).
• Veto Bills: The Governor can veto bills passed by the legislature, preventing them from becoming law. The veto may be overridden by a two-thirds vote in each chamber (Article 4, Section 14)
• Call Special Sessions: The Governor can convene the Legislature for special sessions to address matters of his choosing, lasting up to 30 days. During that time, the legislature may only pass bills on matters designated by the governor in a proclamation calling the session (Article 3, Sections 5 and 40).
• State of the State Address: At the beginning of each legislative session and at the end of the term, the governor is required to providing information on the state’s condition and recommending measures for legislative action (Article 4, Section 9).
• State-Federal Relations: The Governor “shall cause the laws to be faithfully executed and shall conduct, in person, or in such manner as shall be prescribed by law, all intercourse and business of the State with other States and with the United States” (Article 4, Section 10).
• Pardons: The governor has the authority to grant pardons and reprieves to convicted criminals, but only on the written recommendation of the Board of Pardons and Paroles (Article 4, Section 11).

Additionally, the governor has certain powers granted by law, and not by the constitution. Overall, the office of governor is an important position in Texas government, but it is subject to limitations, and is generally considered weaker than the governorship in many other states.

Judicial Branch

Article 5 describes the composition, powers, and jurisdiction of the state judiciary, including the Supreme Court, Court of Criminal Appeals, regional appellate courts, District Courts, County Courts, and Justice of the Peace Courts.

Unlike most other states, which have one supreme court that sits at the apex of the judiciary, Texas has two top appeals courts. One of these, the Supreme Court, handles civil cases, and the other, the Court of Criminal Appeals, handles only criminal cases.

Article 5 also sets the number of jurors needed to try criminal and civil cases, both for grand juries and petit juries. Felony criminal cases in Texas require a jury of 12 persons, while misdemeanor cases are tried by a jury of six. Civil trials in Texas require a jury of 12, but only nine of that number must agree in order to render a verdict.

Voting Rights

Article 6 defines the qualifications for voting. Any resident of Texas who is a citizen of the United States may vote in an election, except children, felony convicts prior to completion of their sentence, and persons deemed mentally incompetent by a court.

A voter must first register in order to vote. Click here to learn how to register.

Public Education

“A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.”

Article 7, Section 1 of the Texas Constitution, adopted Feb. 15, 1876.

Article 7 governs the system of public education in the state, as well as public universities. It allows for the creation of public school districts, called independent school districts (ISDs).

Article 7, Section 3-e gives public school districts the power to impose a property tax, subject to limits set by the legislature, and provided that the voters of the district approve the tax.

Article 7 also dedicates revenues from certain sources to public education.

Taxation and Revenue

Article 8 places various restrictions on the ability of the legislature and local governments to impose taxes. It authorizes local governments to collect property tax, while prohibiting a statewide property tax and personal income tax. 

Article 8 Section 1-b establishes a residence homestead property tax exemption and regulates eligibility for the exemption.

Article Section 1-d protects farmers’ land from being appraised on the basis of the development value of the land. Land designated for agricultural use must be assessed for tax purposes “on the consideration of only those factors relative to such agricultural use.”

Article 8 Section 7-d dedicates funding from state sales tax on sporting goods to the Parks and Wildlife Department and Historical Commission.

Article 8 Section 14 establishes the office of tax assessor-collector in each county, responsible for collecting taxes, except in counties having a population of less than 10,000 inhabitants, where the sheriff of the county serves as tax collector.

Article 8 Section 22 prohibits the legislature from increasing appropriations (spending) in a biennium by more than the forecast rate of growth of the economy. However, the legislature may bypass this by passing a resolution declaring an emergency.

County Government

“The Legislature shall have power to create counties for the convenience of the people subject to the following provisions…”

Article 9, Section 1 of the Texas Constitution, adopted 1876.

Article 9 provides rules for the creation of counties (now numbering 254). County governments are responsible for certain judicial functions, public infrastructure, and public safety. Each county is headed by a county judge and four county commissioners.

A number of other county officials are elected independently, including sheriffs, constables, county attorneys, and county clerks. These offices, like those of county judge and county commissioner, are constitutionally established, though they are described in Article 5, not Article 9, indicating their close connection to the judiciary and the administration of justice.

“There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term of four years, whose duties, qualifications, perquisites, and fees of office, shall be prescribed by the Legislature, and vacancies in whose office shall be filled by the Commissioners Court until the next general election.”

Article 5, Section 23 of the Texas Constitution, adopted 1876, amended 1954 and 1993.

Another key office within county government, that of county tax assessor-collector, is described in Article 8 (Taxation and Revenue). This officer plays a central role in administering Texas’ property tax system, not only for the county itself, but on behalf of all local governments.

Lastly, Article 9 also allows for the creation of countywide hospital districts, and it contains miscellaneous provisions regarding airports and mental health. Overall, Article 9 is quite brief, since the functions and offices of county government are described in other articles of the constitution.

Railroads

Article 10 is only two sentences long and deals with railroads. It declares that railroads are “public highways” and that railroad companies are “common carriers.” Article 10 also empowers the legislature to pass laws to regulate railroads, freight, and passenger tariffs, “to correct abuses and prevent unjust discrimination and extortion in the rates.” Another eight sections of Article 10 were repealed in 1969.

Municipal Government

Article 11 governs the functioning of municipalities (cities) and the election of municipal officers.

Cities with a population of 5,000 or less have only those powers granted to them by state law. They are referred to as general-law municipalities. Larger cities may adopt a charter giving the city home-rule status, allowing it to enact local rules and modify its own structure.

A city charter may be adopted or amended by a majority vote in a charter amendment election, but it may not be changed more often than every two years.

Article 11 is relatively short and lacking in details. The Local Government Code, and not the Constitution, contains most of Texas’s legal provisions regulating municipalities.

Private Corporations

Article 12 contains two sections directing the legislature to enact general laws for the creation of private corporations and prohibiting the creation of private corporations by special law.

Public Lands and Land Office

Article 14 establishes the Texas General Land Office and the position of Land Commissioner. The Land Office keeps all land titles and manages millions of acres of state land.

Article 14 is only two sentences long. Most of it was repealed in 1969.

Impeachment

Article 15 describes the process of impeachment, which can be used to remove an official from office. Impeachment is a two-step process, with the House of Representatives first weighing accusations against the official and then passing them to the Senate for an impeachment trial.

Unlike the federal system of impeachment, in Texas, all officers impeached by the House are suspended until a verdict by the Senate has been delivered.

Miscellaneous Provisions

Article 16 contains miscellaneous provisions, including the following:

• Section 1: describes the oath of office for all officers of the state
• Sections 2 and 5: bar persons convicted of bribery, perjury, or forgery from holding office
• Section 6: limits appropriations for private purposes
• Section 9: secures the residency rights of Texans living out-of-state on federal business
• Section 10: allows for deductions from public officers’ salaries for neglect of duty
• Section 11: allows the legislature to fix maximum interest rates
• Section 12: bars members of Congress from holding state office
• Section 13: allows for unopposed candidates take office without an election
• Section 14: requires all civil officers to reside in-state, and all district or county officers within their districts or counties, or else to vacate the office held
• Section 15: defines separate and community property of spouses
• Section 26: creates civil liability for homicide
• Section 28: prohibits garnishment of wages, except for alimony and child support payments
• Section 30: “No person shall be denied the opportunity to work based on membership in a labor union or non-membership in a union.”
• Section 41: defines bribery
• Section 50: provides for protection of a homestead against forced sale to pay debts, except for foreclosure on debts related to the homestead, such as a mortgage
• Section 67: authorizes the legislature to establish benefit programs for state and local public employees, such as the Employees Retirement System of Texas.

In all, 28 sections of Article 16 have been repealed, out of 73 total.

Amending the State Constitution

Article 17, the final part of the Texas Constitution, lays out a two-step process by which the constitution may be amended. Two-thirds of the members of each chamber of the legislature must approve the proposed amendment, after which the proposal must be ratified in a general election.

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