Texas Constitutional Amendments

Why This Matters

The Texas Constitution isn't a static document—it's been amended over 500 times since 1876, making it one of the most frequently modified state constitutions in the nation. This matters for your exam because these amendments reveal how Texans have responded to social movements, economic pressures, and shifting values over nearly 150 years. You're being tested on your ability to connect specific amendments to broader themes: the tension between state and federal power, the expansion of civil rights, and Texas's unique approach to local governance.

Don't just memorize dates and amendment names. Instead, focus on why each change happened and what principle it demonstrates. When you see an amendment about property taxes, think about Texas's anti-tax political culture. When you encounter voting rights changes, connect them to national movements. The amendments below are grouped by the concepts they illustrate—master these categories, and you'll be ready for any question the exam throws at you.

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Expanding Democratic Participation

The most significant constitutional changes often involve who gets to participate in democracy. These amendments reflect national movements while showing Texas's specific timeline for embracing—or resisting—expanded rights.

Women's Suffrage (1919)

• Granted women full voting rights in Texas—making Texas the first Southern state to ratify the 19th Amendment
• Primary suffrage came first in 1918, allowing women to vote in Democratic primaries before full suffrage passed
• Connected to Progressive Era reforms and the national suffrage movement led by figures like Minnie Fisher Cunningham in Texas

Same-Sex Marriage Ban (2005)

• Proposition 2 defined marriage as one man and one woman—passed with 76% voter approval
• Reflected conservative social values dominant in Texas politics during the early 2000s
• Rendered unenforceable by Obergefell v. Hodges (2015)—illustrating how federal court rulings can override state constitutional provisions

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Local Control and Governance

Texas has a strong tradition of local control—the idea that decisions should be made at the lowest possible level of government. These amendments reflect that philosophy while also revealing its limits.

Home Rule for Cities (1912)

• Allowed cities over 5,000 population to adopt their own charters—giving them authority over local matters without state legislative approval
• Empowered municipalities to address unique urban challenges like zoning, utilities, and local taxation
• Remains foundational to Texas's city governance today—though the state has increasingly preempted local ordinances in recent decades

Term Limits for Governor (1972)

• Actually, Texas has NO gubernatorial term limits—this is a common misconception worth noting
• Governors can serve unlimited four-year terms, unlike many other states that impose two-term limits
• Reflects Texas's preference for voter choice over structural restrictions on officeholders

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Individual Rights and Freedoms

The Texas Bill of Rights (Article I) establishes fundamental liberties, but amendments have both expanded and restricted these rights over time. Understanding the post-Civil War context is essential here.

Right to Bear Arms (1875)

• Article I, Section 23 guarantees the right to keep and bear arms—but originally allowed the legislature to regulate the wearing of weapons
• Reflected Reconstruction-era concerns about personal protection and distrust of federal authority
• Has been strengthened by subsequent legislation, including permitless carry (2021), though this was statutory rather than constitutional

Equal Rights Amendment (1972)

• Texas added an ERA to its state constitution—one of the few states to do so, even as the federal ERA failed to be ratified
• Article I, Section 3a prohibits sex-based discrimination under Texas law
• Provides stronger protections than federal law in some employment and legal contexts

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Taxation and Public Finance

Texas has no state income tax, making property taxes and alternative revenue sources constitutionally significant. These amendments show how Texas funds public services while maintaining its low-tax identity.

Property Tax Relief (2007)

• Proposition 1 raised the homestead exemption and provided tax relief for elderly and disabled homeowners
• Responded to rapidly rising property values that were increasing tax burdens despite stable tax rates
• Highlights the tension in Texas's tax structure—no income tax means heavy reliance on property and sales taxes

Texas Lottery (1991)

• Proposition 1 legalized a state lottery with proceeds dedicated to public education
• Marked a shift in attitudes toward gambling as an acceptable revenue source
• Generates over $1.5 billion annually for schools—though critics argue it hasn't meaningfully increased education funding overall

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Social Regulation and Moral Legislation

Some amendments reflect attempts to regulate personal behavior based on prevailing moral attitudes. These often prove controversial and sometimes get reversed.

Prohibition (1919) and Repeal (1935)

• Texas went dry before national Prohibition—the state amendment preceded the 18th Amendment
• Led to widespread bootlegging and speakeasies, particularly along the Mexican border
• Repeal came two years after the 21st Amendment—Texas was slower to end Prohibition than the federal government, reflecting continued temperance sentiment in rural areas

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Resource Management and Infrastructure

As Texas has grown, constitutional amendments have increasingly addressed long-term resource planning—particularly water, which is essential to the state's agricultural and urban economies.

Water Infrastructure Funding (2013)

• Proposition 6 created the State Water Implementation Fund for Texas (SWIFT)—transferring $2 billion from the Rainy Day Fund
• Addressed projected water shortages as Texas's population heads toward 50 million by 2050
• Reflects the constitutional importance of water rights in a state where "whiskey is for drinking, water is for fighting over"

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Quick Reference Table

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Self-Check Questions

1. Which two amendments both addressed expanding participation in legal institutions, but in opposite directions—one expanding access and one restricting it?

2. How does the Home Rule Amendment (1912) reflect Texas's political culture of local control, and what modern trend has complicated this principle?

3. Compare the Right to Bear Arms (1875) and the Equal Rights Amendment (1972): What historical contexts produced each, and what type of protection does each provide?

4. If an FRQ asked you to explain how Texas funds public services without an income tax, which two amendments would provide the best evidence for your answer?

5. Why did Texas's Prohibition amendment (1919) and its repeal (1935) occur on a different timeline than federal Prohibition, and what does this reveal about Texas's political culture?