State Constitutions: Amendment and Revision

Amending and Revising State Constitutions

This section outlines the procedures for changing state constitutions, with a focus on Texas.

General Procedures for Constitutional Change

• All state constitutions, except Delaware's, require two steps for amendments:

  • Proposing amendments.

  • Gaining citizen approval.

• Delaware Exception: In Delaware, amendments are approved by a two-thirds majority in both houses of the state legislature, without citizen vote.

Methods for Proposing Amendments

• Legislative Proposal:

  • All state constitutions permit the legislature to propose changes.

  • Texas specific: Two-thirds (2/3) of each house of the Texas legislature must propose amendments.

  • Other states' requirements:

    • 17 states require only a majority vote.

    • 18 states require a two-thirds (2/3) vote.

    • 9 states require a three-fifths (3/5) vote.

    • 6 states use variations of these requirements.

• Voter Initiative:

  • This method requires collecting a specified number of signatures on a petition within a set timeframe.

  • 17 states allow initiative, predominantly western states that joined the Union later.

  • Only 5 states east of the Mississippi River allow constitutional amendments by initiative.

  • Texas does not have initiative; the Texas Republican Party advocated for it for many years but dropped it from their platform in 1996.

• Constitutional Convention:

  • Most states, including Texas, allow the legislature to submit the question of calling a constitutional convention to voters.

  • This method is generally used for general revisions rather than single amendments.

  • 14 states have provisions for automatically submitting the question of a general convention to voters periodically.

  • If approved by voters, a convention is elected, assembled, and proposes amendments for voter approval.

• Constitutional Commissions:

  • Most often created by legislative acts, though other methods exist.

  • Commissions typically report recommendations to the legislature.

  • If the legislature approves, the proposed amendments are submitted to voters.

  • In Florida, commissions can bypass the legislature and go directly to voters.

  • Texas's last commission: In 1973, a 37-member commission was created for comprehensive revision of the Texas Constitution.

    • After 8 months and 19 public hearings, recommendations were submitted to the 63^{rd} Texas Legislature.

    • Contentious issues included