1. The Texas Constitution
Comparisons to the U.S. Constitution

2. Texas Constitution The Basics
Texas Constitution is much more detailed than the US Constitution
Texas Constitution has been amended 491 times since 1876
The Basic Structure
Article 1: The Bill of Rights
Article 2: Powers of Govt.
Article 3: The Legislature
Article 4: The Executive
Article 5: The Judiciary
Article 6: Suffrage
Article 7: Education
Article 8: Taxation
Article 9: Counties
Article 10: Railroads
Article 11: Municipal Corporations
Article 12: Private Corporations
Article 13: Spanish and Mexican Lands (repealed)
Article 14: Public Lands and Land Office
Article 15: Impeachment
Article 16: General Provisions
Article 17: Amendment
The Basic Structure of the US Constitution
Article I: Creates the Legislature
Article II: Creates the Executive
Article III: Creates the Supreme Court
Article IV: Establishes a Common Market within the US
Article V: Amendment Procedure
Article VI: National Supremacy over States
Article VII: Ratification Requirements
The last time I counted, the Texas Constitution had been amended 491 times (as of Nov. 2015). See:
Compare that to the US Constitution, which has been amended 27 times. Typically, a long detailed constitution (like the Texas Constitution) is amended more often than a short vague constitution (like the US Constitution). Longer constitutions address specific items in detail, and with changing times, these details need to be updated to meet the needs of a changing political environment. Shorter constitutions are vague enough such that they can be interpreted in different ways to accommodate changes in the political environment.
Another reason for the differences in the number of amendments between the Texas Constitution and the US Constitution is the difficulty of the amendment process. The Texas Constitution is a lot easier to amend (see last slide).

3. Texas Constitution Constitutional Design
Key Concepts of Constitutional Design
In a free society, a constitution needs 3 elements:
Separation of Powers
Horizontal separations among the branches of government: the executive, legislative, and judicial branches
Vertical separations between the state and counties/cities
Civil Liberties (explicitly written in a bill of rights)
Democracy – the right to vote for one’s representatives
The Purpose
The purpose of separation of powers, civil liberties, democracy: To guard against the rise of a dictatorship: to prevent the concentration of government power in one person, faction, or one branch of government
In a republic, the people have “sovereignty” (or authority) but only indirectly. Voters elect representatives who then make and enforce laws. We often use the word “democracy” to describe our system of government. This is not accurate. We have a “republican” form of government. A democratic element is part of republican government, but the democratic element is not enough. Civil liberties and separation of powers must be part of the design also. The goal is to prevent the rise of dictatorship. If the democratic element were the only part of government that was important, then the people could vote-in authoritarians who could then eliminate democracy and establish a dictatorship. Adolph Hitler’s Nazi party was elected; Hugo Chavez was elected (in Venezuela); Hamas was elected (in Gaza). None of these has (had) any interest in democracy, except to use it to come to power.
Authoritarian governments come in several different forms today: dictatorships (like Saddam Hussein’s former regime in Iraq), theocracies (like Iran’s), monarchies (like Saudi Arabia’s), and communist regimes (like North Korea’s, China’s, and Cuba’s)

4. Texas Constitution Constitutional Design
Each key concept is found in the Texas Constitution
Separation of Powers
Power separated among 3 institutions/branches: Executive, Legislative, and Judicial
Unlike the U.S. Congress, the Texas Legislature is not in session most of the time
Legislative sessions are limited to 140 days (5 months), once every 2 years…for the other 1 year 7 months, the legislature is not in session (unless the Governor calls a special session
Theory: If the legislature is not in session most of the time, then it is limited in what it can do
Legislators are lowly paid to ensure a citizen legislature (in theory), though in reality, Texas has a semi-professional legislature because there are no term limits and many legislators are elected over and over and serve for decades
The Governor’s Power is Diffused (compared to the U.S. President)
The power of the Executive is diffused by having most executive positions elected by the people, rather than chosen by the Governor (with approval of the Texas Senate)
Members of the Judiciary are also elected by the people, rather than chosen by the Governor and confirmed by the Texas Senate
Comparisons to the U.S. Constitution
The Texas Constitution defines a greater degree of the separation of powers than does the US Constitution. Popular election makes the branches less dependent upon one another. For instance, unless a vacancy occurs in one of top 3 levels of the Texas court system, judges in Texas are elected rather than being nominated by the Governor and confirmed by the Texas Senate. This gives the Texas judiciary more separation (and independence) from the other branches of Texas government, especially independence from the Governor (or executive branch).
That’s the theory, but in actual practice, the Governor gets to appoint a lot of high-level judges, when a vacancy occurs (because a judge dies or resigns to run for another position in Texas government or is removed through the impeachment process). These vacancy appointments do not require the confirmation of the Texas Senate. For instance, Gov. Perry has appointed 6 of the 9 justices on the Texas Supreme Court.
Also power in the executive branch is not centralized in the Governor. Rather, there is a greater degree of separation of powers within the executive branch in Texas than exists at the national level, where the president nominates other positions in the executive branch (with the approval of the U.S. Senate). Almost all of the highest executive positions in Texas are elected rather than being nominated by the Governor and confirmed by the Texas Senate. Individual elections for each office gives these members independence from the Governor because the Governor has no say in who assumes these positions. Besides the Governor, the following highest positions are elected by the people: Lt. Governor, Attorney General, Land Commissioner, Agriculture Commissioner, Railroad Commissioners (3), and Comptroller of Public Accounts.

5. Texas Constitution Key Concepts of Constitutional Design (continued)
Checks and Balances ( a component of Sep. of Powers)
Checks: Governor can veto proposed bills. To override a Governor’s veto, a vote of 2/3rds in the Texas House and Texas Senate is required
Line-Item Veto – Governor also has the line-item veto, which gives the Governor the power to veto individual spending budgetary items…each line-item veto can also be overridden by 2/3rd vote of the Texas House and Senate
Balances: Executive officials serve 4 year terms, Texas House members 2 year terms, Texas Senate 4-year staggered terms, Justices of the high courts (2) six-year staggered terms
Vertical Division of Power (Similar to Federalism)
The state is divided into counties (Art. 11 Section 1)
Cities (5000+ in population) can write their own charters if a majority of their residents vote to do so
Civil Liberties/Individual Rights
A Bill of Rights is included in the Texas Constitution…there are 31 separate provisions
The Governor has stronger veto powers than the U.S. President. The president does not have a line-item veto. If Congress sends the president a bill with 1000 items on which it spends money, the president has to sign into law or veto all 1000 spending items. But if the Texas Legislature sends the Governor a bill with 1000 items on which it spends money, the Governor can veto 5 spending items, 10, 50, 500, or any number of the spending items he wishes, then sign the rest of them into law.
The Texas Governor has not been overridden by the legislature since 1979, the reason being that so many bills are sent to the Governor in the last few weeks of a regular session of the legislature, and once the legislature is over, the legislature cannot override a gubernatorial veto because the legislature can no longer vote on anything once the session is over.
What is a staggered term? Take the Texas Supreme Court as an example. There are 9 members or seats on the court. In each election cycle, 3 seats are up for election while the other 6 are not. For instance, in Nov. 2014, 3 seats will be elected. Then in Nov. 2016, 3 different seats will be elected. In Nov. 2018, the last 3 seats will be elected. Elections for the Texas Senate are also staggered, half the Senate is elected in one election cycle (e.g., in 2014) and the other half is elected in the following election cycle (e.g., in 2016). The only exception is following a national census, and the subsequent redrawing of Texas Senate district boundaries, where all members of the Texas Senate are elected in the same election cycle. For example, a national census was taken in 2010, and the Texas Legislature redrew district boundaries in 2011, so in the next election cycle for the Texas Senate, the 2012 elections, all 31 seats were elected.
In the U.S. Constitution, James Madison also designed-in staggered terms for the U.S. Senate. The purpose was to “delay” the takeover of one faction or political party. Madison and many of the other framers of the constitution feared that one faction or party might takeover all branches of government and then consolidate power and rule as dictators. He introduced “delay” through balances in elections of different offices in government as a way to alert the voters in advance that a takeover was in play, hoping the voters might see a takeover coming, and then have a subsequent election to vote for a different party or faction.

6. Texas Constitution The Bill of Rights
Provisions of Texas Bill of Rights (Art. 1)
Similarities with US Bill of Rights (1st Amendment rights)
Freedom of Speech (Art 1 Sec. 8)
“Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press.”
Libel is illegal, hence the phrase, “being responsible for the abuse of that privilege”
Religious Freedom (Art 1 Sec. 6)
“All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences.”
Right of Peaceful Assembly (Art 1 Sec. 27)
“The citizens shall have the right, in a peaceable manner, to assemble together for their common good”
Comparisons to the U.S. Constitution (Bill of Rights)
The 3 provisions shown on the slide are akin to the 1st Amendment to the U.S. Constitution, which reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Art 1 Sec. 6: All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
James Madison wanted a “right to conscience” included in the Bill of Rights for the U.S. Constitution. It was not included but the 1st Amendment has since been interpreted by the courts as including a right to conscience.
Art 1 Sec. 27: The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

7. Texas Constitution Bill of Rights
Provisions of Texas Bill of Rights (Art. 1)
Similarities with US Bill of Rights (rights of criminally accused)
Searches and Seizures (Art 1 Sec. 9)
The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches…”
Rights of Accused (Art 1 Sec. 10)
Right to trial, right to know charges, no self-incrimination, right to subpoena witnesses, etc.
Habeas Corpus (Art 1 Sec. 12)
“The writ of habeas corpus is a writ of right, and shall never be suspended.”
Excessive Bail; Cruel and Unusual Punishment (Art 1 Sec. 13)
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.”
Right of Trial by Jury (Art 1 Sec. 15)
“The right of trial by jury shall remain inviolate.
Comparisons to the U.S. Constitution (Bill of Rights)
4th Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
6th Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
7th Amendment: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
8th Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Article I Section 9 Clause 2: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
The Texas Constitution (more detail)
Art 1 Sec. 9: The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
Art 1 Sec. 10: In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself, and shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger. (Amended Nov. 5, 1918.)
Art 1 Sec. 15: The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency. Provided, that the Legislature may provide for the temporary commitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period of time not to exceed ninety (90) days, by order of the County Court without the necessity of a trial by jury. (Amended Aug. 24, 1935.)

8. Texas Constitution Bill of Rights
Provisions of Texas Bill of Rights (Art. 1)
Similarities with US Bill of Rights (rights of criminally accused)
Double Jeopardy (Art 1 Sec. 14)
“No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense...”
Similarities with US Bill of Rights (2nd Amendment)
Right to Keep and Bear Arms (Art 1 Sec. 23)
“Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”
Comparisons to the U.S. Constitution
5th Amendment (Double Jeopardy): “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
2nd Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Texas Constitution (Gun Rights)
Art 1 Sec. 23: Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
The right to keep and bear arms is more detailed in the Texas Constitution. There is no question that the Texas Constitution defines a right to keep and bear arms for citizens of the state of Texas for the purpose of self-defense.
Prior to 2008, there was a longstanding debate about the meaning of the 2nd Amendment in the US Constitution because it does not explicitly say that people have a right to keep and bear arms in defense of themselves. Instead, it says that a person has a right to keep and bear arms so that the state can raise a militia. The militia system has been replaced by the National Guard, making it unnecessary to raise a militia for protection of the state. So, some argue that the 2nd Amendment does not guarantee a right to keep and bear arms for self-defense of the individual, but in District of Columbia v. Heller (2008), a 5-to-4 decision, the Court defined an individual right to own a handgun and use it in defense of one’s own home. It was a rare definitive ruling by the Supreme Court. Though they lost, the minority on the US Supreme Court also submitted a definitive opinion. Had the minority argument (4 justices) prevailed, the Second Amendment would have been abolished as an outdated relic of the 18th Century.

9. Texas Constitution Bill of Rights
Provisions of Texas Bill of Rights (Art. 1)
Differences with US Bill of Rights
Right to Abolish Texas Government (Art 1 Sec. 2)
The people have “the inalienable right to alter, reform or abolish their government in such manner as they may think expedient”
The only limitation is that the people preserve a Republican form of government
Equal Rights Amendment (Art 1 Sec. 3a)
Passed in 1972 during the women’s rights movement – equality of the sexes was added to the equality provision of the Texas Constitution
“Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin.”
Religious Tests (Art 1 Sec. 4)
No religious test required to hold office, “nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.”
Republican Government
Article IV Section 4 (U.S. Constitution)
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.”
Article 1 Section 2 (Texas) – This statement endorses a “republican” form of government.
What is a “republican” form of government? Today, we would call this form of government a “liberal democracy,” which is a government with the key components of constitutional design: separation of powers, a strong democratic element, and civil liberty protections. It is a government that governs a free people. It is the opposite of an authoritarian government—the type of government that is employed to rule over a population that is not given freedom.
In a republic (which is a “republican” form of government), the people have “sovereignty” (or authority) but only indirectly. Voters elect representatives who then make and enforce laws. We often use the word “democracy” to describe our system of government. This is not accurate. We have a “republican” form of government. A democratic element is part of republican government, but the democratic element is not enough. Civil liberties (fundamental freedoms) and separation of powers must be part of the design also. The goal is to prevent the rise of dictatorship. If the democratic element were the only part of government that was important, then the people could vote-in authoritarians who could then eliminate democracy and establish a dictatorship. Adolph Hitler’s Nazi party was elected; Hugo Chavez was elected (in Venezuela); Hamas was elected (in Gaza). None of these has (had) any interest in democracy, except to use it to come to power.
Authoritarian governments come in several different forms today: dictatorships (like Saddam Hussein’s former regime in Iraq), theocracies (like Iran’s), monarchies (like Saudi Arabia’s), and communist regimes (like North Korea’s, China’s, and Cuba’s)
Religious Tests
Notice the provision for religious tests requires that office holders in Texas believe in a Supreme Being (God). Taken literally, atheists (those who do not believe in God) would not qualify to hold office in Texas. But this provision is not enforced today, so atheists can hold office in Texas.

10. Texas Constitution: Bill of Rights
Provisions of Texas Bill of Rights (Art. 1)
Differences with US Bill of Rights
Civilian Control of Military (Art 1 Sec. 24)
“The military shall at all times be subordinate to the civil authority.”
Rights of Crime Victims (Art 1 Sec. 30)
Right to notification of court proceedings, right to be present in court proceedings, right to confer with a rep at prosecutor’s office, right to restitution, etc.
The U.S. Constitution did not have an explicit statement about civilian control of the military, but through its design, it endorsed civilian control, given that the President would be an elected civilian and not a military general—and the president (a civilian) was made commander in chief of the military. In addition, the legislative branch (Congress) was given the authority to set the rules by which the military would operate, not the president, so there were separation of powers employed over the military as well.
The U.S. Constitution does not mention the rights of victims. The Constitution assumes that the greatest threat to a free people is a government gone bad, and it is designed to protect accused criminals from excessive government power. That’s why a lot of criminals “get away with it.” The standard for convicting an accused criminal is high and sometimes cannot be proven in court, so sometimes accused criminals who are actually guilty walk free.
Rights of Crime Victims (Texas)
Art 1 Sec. 30: a) A crime victim has the following rights: (1) the right to be treated with fairness and with respect for the victim's dignity and privacy throughout the criminal justice process; and (2) the right to be reasonably protected from the accused throughout the criminal justice process. (b) On the request of a crime victim, the crime victim has the following rights: (1) the right to notification of court proceedings; (2) the right to be present at all public court proceedings related to the offense, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial; (3) the right to confer with a representative of the prosecutor's office; (4) the right to restitution; and (5) the right to information about the conviction, sentence, imprisonment, and release of the accused. (c) The legislature may enact laws to define the term "victim" and to enforce these and other rights of crime victims. (d) The state, through its prosecuting attorney, has the right to enforce the rights of crime victims. (e) The legislature may enact laws to provide that a judge, attorney for the state, peace officer, or law enforcement agency is not liable for a failure or inability to provide a right enumerated in this section. The failure or inability of any person to provide a right or service enumerated in this section may not be used by a defendant in a criminal case as a ground for appeal or post-conviction writ of habeas corpus. A victim or guardian or legal representative of a victim has standing to enforce the rights enumerated in this section but does not have standing to participate as a party in a criminal proceeding or to contest the disposition of any charge. (Added Nov. 7, 1989.)
Though crime victims have some rights, still, law enforcement is NOT obligated to “enforce the law.” The doctrine of “public duty” or that of “government immunity” protects law enforcement from being held liable for not enforcing the law (this is related to the “sovereign immunity” principle). In other words, if a crime is committed against you and you report the crime to the police, the police are not legally obligated to enforce the law. In other words, the police can do nothing and you cannot sue the police for their neglect of duty to enforce the law. The only way the police can get in legal trouble is by “over-enforcing” the law, via police brutality or some other civil rights violation in the exercise of their duties. So, often times, the police choose not to enforce the law when crime is reported because it is the safest choice – they cannot be held legally liable for doing nothing.
In very rare cases, the police are held liable for their neglect to protect the public. For instance, in the Columbine shooting in 1999, a school teacher (Dave Sanders) was shot in the stomach and over the course of 3 hours he bled to death. The local police in Columbine were sued and a judge allowed the suit to go forward (the teacher’s daughter settled out of court for $1.5 million—the Jefferon County police admitted no wrongdoing but agreed to pay the settlement) because the school teacher was in a location in the building far away from Klebold and Harris (the two mass murderers), who were in the library before committing suicide, and the police could have reasonably rescued the teacher before he bled to death. But the same judge threw out charges against the police for failure to take deterrent actions against Klebold and Harris in the year leading up to the mass killing at Columbine. One year prior, a parent reported to the police that their son was acting suspiciously and may have been plotting to commit violence. (In all, the police had about a dozen contacts with the two Columbine murders for pipe bombs and other such incidents, prior to the mass murder at Columbine.) The police took no action in response to this report, and they cannot be held to account for not investigating this incident. Had they investigated, they would have learned that Klebold and Harris were collecting guns and building bombs and that they were disturbed young men with alarming amounts of rage. There may not have been a crime here, but the police could have interrogated both Harris and Klebold about what their plans might be, and the police could have tried to plant seeds of paranoia in their heads (e.g., the police could have said, “we know what you might be planning to do”) as an effort to deter Klebold and Harris from carrying out their plans.

11. The Texas Constitution Spending Limitations
Texas is a fiscally conservative state (taxing and spending)
Balanced Budget Requirement (Art 3 Sec. 49a)
The biennial budget must not exceed “projected” revenues
The Comptroller of Public Accounts must sign off on the budget
Otherwise, the legislature must pass another budget (unless the Comptroller’s veto is overridden with 4/5th majorities in both the Texas House and Senate)
Limitations on Welfare Spending (Art. 3 Sec. 51)
Welfare spending is limited to 1% of the Texas Budget
Texas spends about 0.1% on welfare (TANF – Temporary Aid to Needy Families)
Limitations on Taxation (Art 8 Sec. 22)
Tax increases in any two-year period cannot exceed the “projected” growth rate of the Texas economy
A proposed income tax (Art 8 Sec. 24)
Passed by amendment in 1993, any income tax proposed by the Texas legislature must first be approved by the voters
Art 3 Sec. 49a: Except in the case of emergency and imperative public necessity and with a four-fifths vote of the total membership of each House, no appropriation in excess of the cash and anticipated revenue of the funds from which such appropriation is to be made shall be valid.
One of the major issues at the national level for 20+ years has been balancing the budget (or reducing the annual budget deficit, which occurs when the federal government spends more money in a given year than it raises in taxes and fees). The Texas government, on the other hand, cannot run a deficit; it is forbidden by the Texas Constitution (though there are some accounting gimmicks and borrowing provisions that allow Texas to accumulate some debt).
Art 8 Sec. 22: In no biennium shall the rate of growth of appropriations from state tax revenues not dedicated by this constitution exceed the estimated rate of growth of the state's economy.
If the Texas economy grows by 3% in a given year, then tax revenues can be raised by only 3% above their current levels. Of course, taxation is based upon a prediction of how much the Texas economy will grow in the next two years. The numbers could be skewed such that the Comptroller predicts 10% growth, when it turns out two years later that the economy only grew at 3%. This would be an accounting gimmick to allow the Texas legislature to raise more tax revenue, if it wanted to do that.
Art. 3 Sec. 51 – ASSISTANCE GRANTS AND MEDICAL CARE FOR NEEDY AGED, DISABLED, AND BLIND PERSONS AND NEEDY CHILDREN; FEDERAL FUNDS. (See LBB’s Texas Size-Up – for numbers)
The Legislature shall have the power, by General Laws, to provide, subject to limitations herein contained, and such other limitations, restrictions and regulations as may by the Legislature be deemed expedient, for assistance grants to needy dependent children and the caretakers of such children, needy persons who are totally and permanently disabled because of a mental or physical handicap, needy aged persons and needy blind persons.
…The maximum amount paid out of state funds for assistance grants to or on behalf of needy dependent children and their caretakers shall not exceed one percent of the state budget…
Art 8 Sec. 24: A general law enacted by the legislature that imposes a tax on the net incomes of natural persons, including a person's share of partnership and unincorporated association income, must provide that the portion of the law imposing the tax not take effect until approved by a majority of the registered voters voting in a statewide referendum held on the question of imposing the tax. The referendum must specify the rate of the tax that will apply to taxable income as defined by law.
Texas does not have an income tax, and to make it more difficult to impose an income tax, any proposal to that effect coming from the Texas Legislature must be approved by a majority vote of the people of Texas.

12. The Texas Constitution: Education
Unlike in the US Constitution, the Texas Constitution defines a right to education
Article 7 Section 1: “A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.”
School funding has been controversial in Texas since 1983
In 1983, the Texas Supreme Court ruled that Texas did not meet the standard for an “efficient” means of funding schools
Gov. Rick Perry convened 4 special sessions of the Texas legislature (1 in 2004, 2 in 2005, and 1 in 2006) to remedy the school funding issue
The first 1st special session, the 2005 Legislative session, and the 2 special sessions that occurred in the summer of 2005 failed to resolve school financing issue
In 2006, more of the funding for Texas schools was shifted from local government to state government
And taxes were raised on businesses to provide more funding
In 2004, a Texas district court ruled that “robin hood” was not meeting the standard of efficient schools. In 2005, Texas Supreme Court heard the case and gave the Texas Legislature until June 2006 to resolve the school funding issue.
The problem is that some Texas schools are better than others, and the Texas Constitution demands that they all provide an equal quality of education. The “robin hood” system of funding took money from rich school districts and transferred that money to poor school districts, but inequalities in education still existed.
The reason the school funding issue was so hard to solve was because of taxes. Texas is a conservative state and raising taxes, even to increase the amount of money available for schools, could hurt a politician in the next election. And Republicans particularly don’t want to raise taxes, and it is Republicans who are in control of Texas government today. But courts ruled there is a funding problem, and Texas Legislators resolved that taxes had to be raised. They then fought over who should be taxed more—Texas consumers or Texas businesses. The Texas House wanted to tax consumers more heavily, while the Senate concentrated its tax proposal more on business. In exchange, both chambers agreed there would be a property tax cut for homeowners across the state.
The 2005 Texas Legislature tax proposals:
Even though the 2005 Texas Legislature was controlled by Republicans, it could not agree on the school financing issue. The House wanted to tax consumers more heavily, while the Senate concentrated its taxes more on business, though both proposals would increase taxes on both consumers and businesses. In exchange, there would be a property tax cut.
The Senate plan would tax all businesses except sole proprietorships; this would include law firms, some medical and financial services firms. A 4.25% tax would require a constitutional amendment to repeal certain provisions of the ban on an income tax. The plan would eliminate the corporate franchise tax. The Senate plan would raise the sales tax to 6.75%. The Senate would also raise taxes on cigarettes and alcohol
The House plan would close the loopholes on the corporate franchise tax but would raise the sales tax to 7.2%.
The final plan:
In the 2006 special session, the final agreement was to close tax loopholes for most businesses, thus expanding the franchise tax to apply to more businesses (which amounted to 1% tax). This means that businesses will assume more of the burden for funding the schools. The sales tax was not raised nor was a new business tax imposed.
The real change is that the state government will assume a greater role in funding the schools of Texas. The thinking is that the state can better set standards and distribute funds where they are needed most. By 2007, the state share of education funding will increase to 50 percent, reversing a trend scheduled to take state funding down to 34 percent in 2007 if nothing had been done.
Also, according to Perry, the reform in the Franchise Tax (business tax) will reward employers for creating jobs and investing in employee benefits. Every time a business puts a Texan to work, pays for health insurance or invests in a pension plan, their tax liability will go down.
Gov Perry claims that homeowners will get a $2K cut in taxes, on average. (This was the property tax cut). Homeowners will assume a smaller role in funding Texas schools.
Legislators also passed a $2,000 across-the-board pay raise for teachers and restored the full amount of the teacher health stipend. Teacher salaries have increase by $11,700 for teachers in the classroom since 1999, and this new legislation will continue to increase teacher compensation.
According to Perry, the legislation will create the largest performance pay plan in the nation to reward classroom excellence--with $260 million for bonuses of up to $10,000 per teacher for locally-designed incentive programs, and another $100 million for the Governor's Educator Excellence Awards Program, Texas will take the national lead in rewarding educational excellence and attracting top-performing teachers to struggling campuses.

13. The Texas Constitution Impeachment Provisions
Executive positions in Texas are subject to impeachment (Article 15)
Executive officials are impeached by the Texas House, then tried by the Texas Senate
2/3rd vote in Senate required (Art 15 Sec. 1-3)
This is same procedure that is defined in the US Constitution
Unlike California, which recalled Gov. Gray Davis and replaced him with Arnold Schwarzeneger, Texas does not have the initiative and recall, two provisions that give “the people” the power of impeachment and removal
In Texas, only the Texas Legislature can remove executive officials
Only 1 Texas governor has been impeached and removed, back in 1917
Removal of Texas Judges
By 2/3rd vote in each house of the Legislature, the Governor is directed to remove specified judges of the Supreme Court, Court of Appeals, and District Courts
Art. 15 Sec. 8: The Judges of the Supreme Court, Court of Appeals and District Courts, shall be removed by the Governor on the address of two-thirds of each House of the Legislature, for willful neglect of duty, incompentency, habitual drunkenness, oppression in office, or other reasonable cause which shall not be sufficient ground for impeachment; provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address and entered on the journals of each House; and provided further, that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defense before any vote for such address shall pass, and in all such cases, the vote shall be taken by yeas and nays and entered on the journals of each House respectively.

14. The Texas Constitution Impeachment Provisions
Removal of District Judges by the Texas Supreme Court
Texas Supreme Court hears cases when at least 10 lawyers file a written request for removal of the judge
Texas Supreme Court can then vote to remove the District Judge in question
The federal judiciary has no impeachment and removal powers, but in Texas, the Texas Supreme Court has a limited removal power
Removal of Governor’s appointees
Not only must the Governor receive consent of the Texas Senate for appointees (2/3rd vote), the Governor must also receive approval of the Texas Senate to remove an appointee (by 2/3rd vote)
The US president can remove appointees to the executive branch without consent of the US Senate
The president’s removal powers were in question during the impeachment of President Andrew Johnson, but in the 1920s, the US Supreme Court ruled that the president can fire appointees without Senate approval
Art. 15 Sec. 8: Any judge of the District Courts of the State who is incompetent to discharge the duties of his office, or who shall be guilty of partiality, or oppression, or other official misconduct, or whose habits and conduct are such as to render him unfit to hold such office, or who shall negligently fail to perform his duties as judge; or who shall fail to execute in a reasonable measure the business in his courts, may be removed by the Supreme Court. The Supreme Court shall have original jurisdiction to hear and determine the causes aforesaid when presented in writing upon the oaths taken before some judge of a court of record of not less than ten lawyers, practicing in the courts held by such judge, and licensed to practice in the Supreme Court; said presentment to be founded either upon the knowledge of the persons making it or upon the written oaths as to the facts of creditable witnesses. The Supreme Court may issue all needful process and prescribe all needful rules to give effect to this section. Causes of this kind shall have precedence and be tried as soon as practicable.

15. The Texas Constitution The Amendment Procedure
The Amendment Procedure (Article 17 Section 1)
Step 1: Amendments are proposed by the Texas Legislature
Both chambers (Texas House and Texas Senate) must approve amendments by 2/3rd vote
Step 2: Amendments are approved or rejected by the voters (majority vote required)
The first step is the same as the amendment procedure at the national level, but the second step is much easier than the second step at the national level
Consequently, the Texas Constitution has been amended 470+ times since 1876, while the US Constitution has only been amended 17 times since the Bill of Rights (first 10 amendments) were passed in 1791

16. Amendments to the Texas Constitution The Effect of Special Elections
Source: O’Connor, Sabato, Yanus – American Government, Roots and Reform, 2011 Texas Edition.
The trend in Texas is to vote on amendments to the Texas Constitution in special elections, where turnout is very low. This gives more power to interest groups who are usually pushing for the change. They can motivate their supporters to vote, and since the public at large doesn’t come out to vote in special elections, this gives interest groups more voting power.

17. Amendment Rates of State Constitutions
Texas is among the states who most frequently amend their state constitutions.
For a comparative view of state constitutions, go to: