Texas State Constitution, Legislature, Governor, and Courts

First State Constitutions

  • Modeled after colonial charters.
  • Proclaimed popular sovereignty, limited government, separation of powers, and checks and balances.
  • Did not provide full religious freedom.
  • Rigid qualifications for voting and officeholding.
  • Favored property owners.

History of the Texas Constitution

  • 1836: Republic of Texas constitution ratified, including separation of powers, checks and balances, community property, homestead exemptions.
  • 1845: Texas admitted to USA, new constitution.
  • 1861: Secession, constitution with stronger State rights.
  • 1866: New constitution post-Civil War.
  • 1869: New constitution after two conventions.
  • 1874: Attempted constitution with increased government power failed.
  • 1876: Current constitution ratified.

Texas State Constitution Principles

  • Popular sovereignty, limited government, separation of powers, checks and balances.
  • Protection of civil rights.
  • Governmental structure, powers, and processes.
  • Constitutional change provisions.

Constitutional Change

  • Proposal by a convention: Used to revise or write new one, subject to voter approval.
  • Proposal by a legislature: Most common method.
  • Proposal by initiative: Voters propose via petition and ballot.

Need for Reform

  • Length: Second longest in nation, with 390 amendments.
  • Age: Over 100 years old with outdated provisions.

Texas State Legislature: Structure and Size

  • Bicameral: Senate (31 members) and House of Representatives (150 members).

Texas State Legislators

  • Requirements: Age, citizenship, and residence.
  • Chosen by popular vote.
  • Two- or four-year terms.
  • Biennial sessions; special sessions by governor.

Powers of the Legislature

  • Can pass any law not conflicting with federal law or State constitution.
  • Powers to tax, spend, borrow, establish courts, define crimes, regulate commerce, and maintain public schools.
  • Police power to protect public health, safety, morals, and welfare.

Organization of the Texas State Legislature

  • Presiding Officers: Speaker of the House and Lieutenant Governor (Senate).
  • Committee System: Determine which bills reach the floor, amend and rewrite bills.

Legislative Process in Texas

  • Bills introduced by legislators, may be written by various parties.
  • Referendum: Used only for constitutional amendments.

The Governorship

  • Requirements: American citizen, at least 30 years old, lived in the State for at least five years.
  • Four-year terms, no limitations on reelection.
  • Succeeded by lieutenant governor if they leave office.
  • Can be removed by impeachment and conviction.

A Governor’s Many Roles

  • Executing laws, appointment and removal of assistants, supervising executive branch staff, commanding the State militia.

The Lieutenant Governor

  • Part of both executive and legislative branches.
  • Presides over the senate, influences state policy.
  • Member of the Legislative Budget Board.

Other Executive Officers

  • Secretary of State: Appointed by governor, chief clerk and record keeper.
  • Comptroller: Chief financial officer, collects taxes.
  • Attorney General: State's lawyer.
  • Commissioner of the General Land Office: Manages State-owned lands.
  • Commissioner of Agriculture: Administers agriculture laws.

Kinds of Law Applied in Texas State Courts

  • Constitutional law: Based on U.S. and State constitutions.
  • Statutory law: Laws enacted by legislatures.
  • Administrative law: Rules, orders, and regulations by executive officers.
  • Common law: Judge-made rulings based on accepted ideas of right and wrong.
  • Equity: Preventative laws based on fairness, justice, and right.

Criminal and Civil Law

  • Criminal Law: Defines public wrongs and provides punishment (felonies and misdemeanors).
  • Civil Law: Disputes between private parties or between private parties and the government are not covered by criminal law.

The Jury System

  • Grand Jury: Determines if evidence justifies a trial (12 people, majority needed to indict).
  • Petit Jury: Hears evidence and decides facts (6 jurors at county level, 12 at State district level).

Organization of Texas State Courts

  • First Tier: Local Trial Courts (Justices of the peace, Municipal courts).
  • Second Tier: County-Level Courts (Constitutional county courts, County courts of law).
  • Third Tier: General Trial & District Courts (Trial courts with original jurisdiction).
  • Fourth Tier: Intermediate Appellate Courts (Courts of appeals).
  • Fifth Tier: Highest Courts (State supreme court, Court of Criminal Appeals).

Selection of Texas Judges

  • By popular vote, gubernatorial appointment, or local executive appointment.