Study Notes on the Texas Constitution and State Local Government

American and Texas Government (GOVT 2313)

Part III - Texas Constitution

State and Local Governments

  • Professor: Jack Roady

Overview of Texas Constitution

  • Focus Areas:

    • History of Texas Constitutions (from Mexican rule to the present)

    • Current Texas Constitution (1876) including structure, key provisions, and amendments

    • Texas Bill of Rights, and its protections unique to Texas

    • State and Local Government in Texas including counties, cities, and special districts

History of Texas Constitutions

A Story of Political Change

  • Why Has Texas Had Multiple Constitutions?

    • Texas has had 7 different constitutions, each reflecting a dramatic political shift:

    • Transition from Mexican territory → Independent republic

    • U.S. state

    • Confederate state

    • Post-Reconstruction → Restored state

    • New governing documents have been needed for each era due to:

    • Different power structures

    • Different legal frameworks

    • Different political realities

Texas Constitutional Timeline

  • Key Dates:

    • 1827: Constitution of Coahuila y Tejas

    • 1836: Republic of Texas Constitution

    • 1845: Statehood Constitution (joined U.S.)

    • 1861: Confederate Constitution

    • 1866: Post-Civil War Constitution

    • 1869: Reconstruction Constitution

    • 1876: Current Constitution (still in effect)

Constitution Analysis
Constitution of Coahuila y Tejas (1827)

  • Texas was part of the Mexican state of Coahuila due to its small population. Operated under a federal system similar to the U.S. federalism, allowing states significant autonomy.

  • Rising tensions between Anglo settlers and the Mexican government as settlers demanded more self-governance due to cultural and political differences.

Republic of Texas Constitution (1836)

  • Drafted hastily during the Texas Revolution at Washington-on-the-Brazos. Borrowed heavily from the U.S. Constitution.

  • Established Texas as an independent nation with a President, Congress, and courts.

  • Legalized slavery; Texas remained independent for 9 years while seeking U.S. annexation.

State Constitution of 1845

  • Written when Texas joined the United States, considered one of the best state constitutions of its era.

  • Key Features:

    • Biennial legislative sessions

    • Two-year gubernatorial terms

    • Elected judges

  • Remained in effect until the Civil War.

Civil War Era Constitutions

  • Confederate Constitution (1861): Amended the 1845 constitution transferring allegiance to the Confederacy and maintained slavery.

  • Post-Civil War Constitution (1866): Declared secession null and void, abolished slavery, and restricted the rights of freedmen through Black Codes.

Reconstruction Constitution (1869)

  • Imposed during Radical Reconstruction, required for Texas's re-admission into the Union.

  • Controversial Provisions:

    • Strong centralized executive power; the governor appointed numerous officials.

    • Annual legislative sessions.

    • Unpopular among Texans as perceived as imposed by outsiders.

  • Set the stage for backlash leading to the constitutional convention in 1876.

Constitutional Convention of 1875

  • Reconstruction ended, the Democratic party regained control. Goals of the Convention:

    • Undo changes made during Reconstruction.

    • Limit government power and reduce government spending.

    • Focus on local control.

  • The convention had 76 delegates, predominantly Democrats and former Confederates.

The Texas Constitution of 1876

  • The current constitution, still in effect today.

Foundational Principles of 1876 Constitution

  • Aims to limit government; restricts powers at state and local levels.

  • Included detailed prohibitions on government action.

  • Plural Executive:

    • Authority divided among elected officials, intentionally weakening the governor's role.

    • A part-time legislature, with biennial sessions limited to a maximum of 140 days.

    • Low compensation for legislators.

    • Judiciary is elected; all judges face voters emphasizing accountability over independence.

The 17 Articles of the Texas Constitution
Articles I-IV

  • Article I: Bill of Rights - 37 sections protecting individual liberties, limits on government power.

  • Article II: Separation of Powers - Three departments: Legislative, Executive, Judicial.

  • Article III: Legislative Department - Bicameral legislature (Senate and House) with detailed restrictions on legislative power.

  • Article IV: Executive Department - Plural executive structure limiting gubernatorial authority.

Articles V-VIII

  • Article V: Judicial Department - Establishes dual appellate structure (civil/criminal) with various court levels.

  • Article VI: Suffrage - Sets out voter qualifications and residency requirements.

  • Article VII: Education - Mandates public free schools and establishes a permanent school fund.

  • Article VIII: Taxation and Revenue - Enforces tax limitations and property tax provisions.

Articles IX-XII

  • Article IX: Counties - Outlines county creation and organization.

  • Article X: Railroads - Addresses railroad commission authority and historical rate regulation.

  • Article XI: Municipal Corporations - Covers city incorporation and home rule provisions.

  • Article XII: Private Corporations - Deals with corporate regulation and anti-monopoly provisions.

Articles XIII-XVII

  • Article XIII: Spanish and Mexican Land Titles - Acknowledges prior land grants.

  • Article XIV: Public Lands and Land Office - Governs state land management.

  • Article XV: Impeachment - Lays out procedures for removal of officials.

  • Article XVI: General Provisions - Miscellaneous constitutional rules.

  • Article XVII: Mode of Amending - Specifies requirements for amending the constitution.

The Amendment Process

  • Proposal Requirements: Requires a two-thirds vote of each house of Legislature. No constitutional convention provision is included.

  • Ratification: Majority vote during statewide elections, typically appearing on the November ballot.

  • Over 500 amendments have been proposed with voters approving most, which results in the constitution growing longer with each cycle.

Why So Many Amendments?

  • Absence of a "necessary and proper" clause, contrasting U.S. Constitution Article I, Section 8.

  • Texas requires specific authorization for numerous provisions due to the highly restrictive original framework.

  • Process must address modern needs via amendments, with statutory details too often included in the constitutional text requiring amendments for updates.

Criticisms and Reform Efforts

  • Common criticisms:

    • Extreme length and disorganized structure; outdated provisions.

    • 1974 Constitutional Convention: An attempt to modernize the constitution that ended in failure as key issues could not be agreed upon, with no serious reforms attempted since.

The Texas Bill of Rights

  • Article I of the Texas Constitution ratified in 1876, still in effect.

  • Includes 37 sections protecting individual rights, similar to the U.S. Bill of Rights but with notable differences.

    • Limits on government power defining what the government cannot do to protect citizen freedoms.

Foundational Principles of the Bill of Rights

  • Section 1: Freedom and Sovereignty - Texas as a free and independent state.

  • Section 2: Inherent Political Power - All power is vested in the people who have the right to alter or abolish the government.

  • Section 3: Equal Rights - No exclusive privileges without a public purpose; guarantees equality in treatment regardless of sex, race, creed, or national origin.

Religious Liberty Protections

  • Section 4: No Religious Tests - Does not require religious belief for public office.

  • Section 6: Freedom of Worship - No compulsion to support any church; guarantees free exercise of religion.

  • Section 6-a: Protection of Religious Services - Added in 2021, prohibiting the state from prohibiting religious services.

  • Section 7: No Public Funds for Religion - Prohibits tax dollars from supporting religious institutions.

Civil Liberties Protections

  • Section 8: Freedom of Speech and Press - Prohibition against governmental restraint.

  • Section 9: Searches and Seizures - Protections from unreasonable searches.

  • Section 27: Right of Assembly - Guarantees peaceful assembly and petitioning of government.

  • Section 19: Due Process - Ensures no deprivation of life, liberty, or property without due process.

Rights of the Accused

  • Section 10: Rights in Criminal Cases - Guarantees speedy and public trial, right to counsel, and the ability to confront witnesses.

  • Section 12: Habeas Corpus - Ensures individuals cannot be held without justification.

  • Section 13: Bail and Punishment - Prohibits excessive bail and cruel or unusual punishment.

  • Section 14: Double Jeopardy - Asserts that no individual can be tried twice for the same offense.

Property and Economic Rights

  • Section 17: Eminent Domain - Guarantees just compensation for property taken for public use.

  • Section 18: No Imprisonment for Debt - Protects individuals from being jailed for owing money.

  • Section 23: Right to Bear Arms - Upholds the right to keep and bear arms for defense.

Uniquely Texan Rights

  • Section 33: Public Beach Access (2009) - Guarantees right to access public beaches on Gulf Coast.

  • Section 34: Hunting and Fishing Rights (2015) - Recognizes traditional methods as preferred wildlife management.

  • Section 36: Agricultural Practices (2023) - Protects farming, ranching, and timber production.

Modern Additions to the Bill of Rights

  • Section 30: Crime Victims' Rights (1989) - Ensures the right to notification and presence at proceedings, including restitution rights.

  • Section 35: Caregiver Visitation Rights (2021) - Ensures access for family members in care facilities.

  • Section 37: Parental Rights (2025) - Establishes the fundamental right to custody and control of children.

Texas vs. U.S. Bill of Rights

Similarities and Differences

  • Similarities with U.S. Bill of Rights:

    • Protections for freedom of speech, press, religion, and rights of the accused among others.

Key Differences from U.S. Bill of Rights

  • Texas explicitly prohibits imprisonment for debt; not addressed in the U.S. Constitution.

  • Texas includes victims' rights not present in the U.S. Bill of Rights.

  • Provisions regarding public beach access and hunting/fishing reflect Texas's geography and cultural heritage.

Additional Texas Distinctions

  • The Texas Bill of Rights is more detailed with 37 sections compared to 10 amendments in the U.S. Constitution.

  • Texas has been amended more frequently and has a structured approach that allows for the addition of new rights, reflecting changing societal values.

  • In some areas, Texas protections may be stronger with more explicit privacy and religious liberty provisions.

Summary Comparison

Feature

Texas

Federal

Debt imprisonment ban

Yes

No

Crime victims' rights

Yes

No

Beach access rights

Yes

No

Hunting/fishing rights

Yes

No

Agricultural rights

Yes

No

Total provisions

37

10

State and Local Government: How Texas Is Governed

Federalism in Texas

  • Government operates on three levels:

    • Federal (national)

    • State

    • Local

  • Article VI: Supremacy Clause (U.S. Constitution) establishes that federal law is supreme over state law. Texas must operate within this federal framework while enjoying autonomy in many areas.

State and Local Relationship

  • Texas employs a unitary system wherein the state retains central authority over local governments. These local governments are described as "creatures of the state", deriving all power from the state constitution and laws.

  • Preemption Laws: The state government can override local regulations, exemplified by recent bans on red-light cameras.

Texas State Government Structure

  • Utilizes a plural executive model, allocating powers among various elected officials, resulting in a relatively weak governorship.

  • Key Elected Executives:

    • Governor

    • Lieutenant Governor

    • Attorney General

    • Comptroller

    • Land Commissioner

    • Agriculture Commissioner

  • Part-time legislature structured to meet every two years for regular sessions lasting no more than 140 days.

Local Government in Texas: Overview

  • Texas has 254 counties (most of any state) and 1,214 cities, divided into general law and home rule categories.

  • There are also 1,079 independent school districts and 2,600+ special purpose districts, often termed as "the invisible government of Texas".

County Government: The Foundation of Local Governance
County Government Structure

  • Comprised of a Commissioners' Court with 5 members:

    • County Judge (elected at-large, presides)

    • Four County Commissioners (elected by precinct)

  • Responsible for countywide policy, budget, taxation, and operations, with commissioners exercising significant authority in their precincts for public works like roads, bridges, and parks.

Independently Elected County Officials

  • County Sheriff - Chief law enforcement officer and jail manager.

  • County/District Attorney - Provides legal representation and prosecutes crimes.

  • County Clerk - Chief election officer and custodian of records.

  • District Clerk - Manages court records and jury selection.

More County Officials

  • County Treasurer - Handles revenue collection and payroll preparation.

  • Tax Assessor-Collector - Responsible for property tax collection, issuing license plates, and voter registration.

  • Various judges depending on county population.

County Government Challenges

  • Funded largely via property taxes, lacking sales tax revenue.

  • A standardized structure applies state-wide, which may create inefficiencies and challenges for both populous and sparsely populated counties.

  • Decentralized purchasing authority can lead to duplication across precincts.

Municipal Government: Cities in Texas
Types of Cities in Texas

  • General Law Cities:

    • Typically have populations under 5,000; authority limited to powers granted by the state.

  • Home Rule Cities:

    • Have populations over 5,000, endowed with greater autonomy and greater powers not prohibited by the state.

Forms of City Government

  • Council-Manager: Most common in cities such as San Antonio, Austin, Dallas, and Fort Worth, where a mayor presides over the council while a professional manager operates city affairs.

  • Strong-Mayor System (Houston): The mayor has substantial control and operates city governance with independent oversight from the city council.

City Elections and Districts

  • Typically nonpartisan elections with candidates not representing party labels.

  • At-Large Districts: Any resident may run for any seat, criticized for limiting minority representation.

  • Single-Member Districts: Each district elects a single representative, contributing to local governance diversity.

  • Mixed Systems: Houston employs a blend of at-large and single-member districts for city representation.

Special Districts: The Invisible Government
Definition and Function

  • Special Districts: Governmental entities designed to provide specific services with defined geographic boundaries.

  • Texas possesses over 3,350 special districts, significantly outnumbering cities and counties combined. Often termed "invisible government" as citizens are largely unaware of their operations.

  • Governed by either appointed or elected boards.

School Districts

  • Texas is home to 1,031 independent school districts, managing 9,317 public schools and serving over 5 million K-12 students, governed by voluntary boards of trustees.

  • School districts often have high property tax rates, illustrated by Katy ISD's rate of $1.52 per $100 versus the City of Katy's rate of $0.49.

Other Types of Special Districts

  • Community College Districts (50): Educate over 700,000 students.

  • Municipal Utility Districts (MUDs): Provide water and sewer services for new developments.

  • Hospital Districts: Offer health care services to low-income individuals.

  • Additional districts address services like fire prevention and mosquito control.

Summary: Key Takeaways

  • Texas has seen 7 constitutions, the current one established in 1876, mirrors a historical distrust of government power.

  • The Texas Bill of Rights extends U.S. constitutional protections and includes rights specific to Texan culture.

  • The governance structure of Texas is complex, comprised of 254 counties, over 1,200 cities, and 3,300+ special districts, leading to decentralization of power.

  • The governor's role is weak in comparison to the plural executive model, emphasizing strong local control and governance at various levels.