Constitution of Texas

The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas and enumerates the basic rights of its citizens. The current document was adopted on February 15, 1876, and is the seventh constitution in Texas history (including the Mexican constitution). The previous six were adopted in 1827 (while Texas was still part of Mexico and half of the state of Coahuila y Tejas), 1836 (the Constitution of the Republic of Texas), 1845 (upon admission to the United States), 1861 (at the beginning of the American Civil War), 1866 (at the end of the American Civil War), and 1869. Texas constitutional conventions took place in 1861, 1866, 1868–69, and 1875.

The constitution is the second-longest state constitution in the United States (exceeded only by the Constitution of Alabama) and is also the third-most amended state constitution (only the Alabama and California constitutions have been amended more often). From 1876 to 2024 (following the 88th Legislature), the Texas Legislature proposed 714 constitutional amendments. Of that total, 530 were approved by the electorate, 181 were defeated, and three never made it on the ballot. Most of the amendments are due to the document's highly restrictive nature: the constitution stipulates that the state of Texas has only those powers explicitly granted to it; there is no counterpart of the federal Necessary and Proper Clause.

As with many state constitutions, it explicitly provides for the separation of powers and incorporates its bill of rights directly into the text of the constitution (as Article I). The bill of rights is considerably lengthier and more detailed than the federal Bill of Rights, and includes some provisions not included in the federal Constitution.

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

— Constitution of Texas, preamble

Article 1 of the Texas Constitution serves as its bill of rights. Originally composed of 29 sections, five additional sections have since been added. Several of these provisions outline specific, fundamental limitations on the power of the state government. Importantly, the protections offered by the Texas Bill of Rights apply solely to actions by the Texas government. However, many protections found in the U.S. Constitution are also applied to state governments through the Due Process Clause of the Fourteenth Amendment.

While the Texas Bill of Rights includes many rights similar to those found in the U.S. Bill of Rights, it is notably more detailed and contains several provisions that are unique to Texas.

Article 2 provides for the separation of powers of the legislative, executive, and judicial branches of the state government, prohibiting each branch from encroaching on the powers of the others.