Which of the following was the only Amendment to the 1845 Constitution of Texas?

The Constitution of 1845, which provided for the government of Texas as a state in the United States, was almost twice as long as the Constitution of the Republic of Texas. The framers, members of the Convention of 1845, drew heavily on the newly adopted Constitution of Louisiana and on the constitution drawn by the Convention of 1833 , but apparently used as a working model the Constitution of the republic for a general plan of government and bill of rights.

The legislative department was composed of a Senate of from nineteen to thirty-three members and a House of Representatives from forty- five to ninety. Representatives, elected for two years, were required to have attained the age of twenty-one. Senators were elected for four years, one-half chosen biennially, all at least thirty years old. Legislators’ compensation was set at three dollars a day for each day of attendance and three dollars for each twenty-five miles of travel to and from the capital. All bills for raising revenue had to originate in the House of Representatives. Austin was made the capital until 1850, after which the people were to choose a permanent seat of government. A census was ordered for each eighth year, following which adjustment of the legislative membership was to be made. Regular sessions were biennial. Ministers of the Gospel were ineligible to be legislators.

The governor’s term was two years, and he was made ineligible for more than four years in any period of six years. He was required to be a citizen and a resident of Texas for at least three years before his election and to be at least thirty years of age. He could appoint the attorney general, secretary of state, and supreme and district court judges, subject to confirmation by the Senate; but the comptroller and treasurer were elected biennially by a joint session of the legislature. The governor could convene the legislature and adjourn it in case of disagreement between the two houses and was commander-in-chief of the militia. He could grant pardons and reprieves. His veto could be overruled by two- thirds of both houses.

The judiciary consisted of a Supreme Court, district courts, and such inferior courts as the legislature might establish, the judges of the higher courts being appointed by the governor for six-year terms. The Supreme Court was made up of three judges, any two of whom constituted a quorum. Supreme and district judges could be removed by the governor on address of two-thirds of both houses of the legislature for any cause that was not sufficient ground for impeachment. A district attorney for each district was elected by joint vote of both houses, to serve for two years. County officers were elected for two years by popular vote. The sheriff was not eligible to serve more than four years of any six. Trial by jury was extended to cases in equity as well as in civil and criminal law.

The longest article of the constitution was Article VII, on General Provisions. Most of its thirty-seven sections were limitations on the legislature. One section forbade the holding of office by any citizen who had ever participated in a duel. Bank corporations were prohibited, and the legislature was forbidden to authorize individuals to issue bills, checks, promissory notes, or other paper to circulate as money. The state debt was limited to $100,000, except in case of war, insurrection, or invasion. Equal and uniform taxation was required; income and occupation taxes might be levied; each family was to be allowed an exemption of $250 on household goods. A noteworthy section made exempt from forced sale any family homestead, not to exceed 200 acres of land or city property not exceeding $2,000 in value; the owner, if a married man, could not sell or trade the homestead except with the consent of his wife. Section XIX recognized the separate ownership by married women of all real and personal property owned before marriage or acquired afterwards by gift or inheritance. Texas was a pioneer state in providing for homestead protection and for recognition of community property.

In the article on education the legislature was directed to make suitable provision for support and maintenance of public schools, and 10 percent of the revenue from taxation was set aside as a Permanent School Fund. School lands were not to be sold for twenty years but could be leased, the income from the leases becoming a part of the Available School Fund. Land provisions of the Constitution of 1836 were reaffirmed, and the General Land Office was continued in operation.

By a two-thirds vote of each house an amendment to the constitution could be proposed. If a majority of the voters approved the amendment and two-thirds of both houses of the next legislature ratified it, the measure became a part of the constitution. Only one amendment was ever made to the Constitution of 1845. It was approved on January 16, 1850, and provided for the election of state officials formerly appointed by the governor or by the legislature.

The Constitution of 1845 has been the most popular of all Texas constitutions. Its straightforward, simple form prompted many national politicians, including Daniel Webster, to remark that the Texas constitution was the best of all of the state constitutions. Though some men, including Webster, argued against the annexation of Texas, the constitution was accepted by the United States on December 29, 1845.

Page 2

The Texas Constitution is the fundamental governing document of the state of Texas.

Features

The Texas Constitution describes the structure and function of the government of Texas. It consists of a preamble and 17 articles.

Background

Preamble

The preamble to the Texas Constitution states:

Article 1: Bill of Rights

Article 1 of the Texas Constitution is entitled the "Bill of Rights" and consists of 34 sections. The article originally contained 29 sections; since 1876, five sections have been added. Most of the article's provisions concern specific fundamental limitations on the power of the state government and certain rights granted to citizens that cannot be ignored under any circumstances.[3]

Every provision of the first ten amendments to the United States Constitution has a counterpart in Article 1 of the Texas Constitution.

Click here to read this article of the Texas Constitution.

Article 2: Power of Government

Article 2 of the Texas Constitution is labeled as the "Power of Government" and provides for the separation of the powers of the government.

Click here to read this article of the Texas Constitution.

Article 3: Legislative Department

Article 3 of the Texas Constitution is labeled "Legislative Department." It vests the legislative power of the state in the Legislature of the State of Texas and establishes that the legislature consists of the Texas Senate and Texas House of Representatives.

Click here to read this article of the Texas Constitution.

Article 4: Executive Department

Article 4 of the Texas Constitution is entitled "Executive Department" and consists of 26 sections. It describes the powers and duties the state's executive officials.

Article 5: Judicial Department

Article 5 of the Texas Constitution is labeled as the "Judicial Department" and consists of 32 sections, three of which have been repealed. It describes the composition, powers and jurisdiction of the Texas Supreme Court, the Court of Criminal Appeals, the Court of Appeals, the District, County and Commissioners Courts and the Justice of the Peace Courts.

Click here to read this article of the Texas Constitution.

Article 6: Suffrage

Article 6 of the Texas Constitution is labeled "Suffrage" and consists of five sections. This article defines classes of persons not allowed to vote including minors, persons convicted of a felony and people deemed mentally incompetent by a court.

Click here to read this article of the Texas Constitution.

Article 7: Education

Article 7 of the Texas Constitution is labeled "Education" and consists of 20 sections, two of which have been repealed. It establishes provisions for public schools, asylums and universities. This article also discusses the creation and maintenance of the Permanent University Fund and mandates the establishment of a "university of the first class" (the University of Texas) as well as an agricultural and mechanical university (Texas A&M University).[2]

Click here to read this article of the Texas Constitution.

Article 8: Taxation and Revenue

Article 8 of the Texas Constitution is labeled "Taxation and Revenue." It places various restrictions on the ability of the Legislature and local governments to impose taxes. Most of these restriction concern local property taxes and, in some cases, prohibits statewide property taxes). Texas does not have a personal income tax, and section 24, added by an amendment adopted in 1993, restricts the ability of the Texas State Legislature to impose such a tax.

Click here to read this article of the Texas Constitution.

Article 9: Counties

Article 9 of the Texas Constitution is labeled as "Counties" and consists of 14 sections, three of which have been repealed and one of which is blank. It provides rules for the creation of counties and determining the location of county seats.

Click here to read this article of the Texas Constitution.

Article 10: Railroads

Article 10 of the Texas Constitution is labeled "Railroads." It originally consists of nine sections, eight of which have been repealed.

Click here to read this article of the Texas Constitution.

Article 11: Municipal Corporations

Article 11 of the Texas Constitution is labeled "Municipal Corporations" and consists of 13 sections, two of which have been repealed. It recognizes counties as legal political sub-units of the state, grants certain powers to cities and counties and empowers the legislature to form school districts.

Click here to read this article of the Texas Constitution.

Article 12: Private Corporations

Article 12 of the Texas Constitution is labeled "Private Corporations" and consists of seven sections, five of which have been repealed.

Click here to read this article of the Texas Constitution.

Article 13: Spanish and Mexican Land Titles

Article 13 of the Texas Constitution was repealed on August 5, 1969. It was labeled as "Spanish and Mexican Land Titles" and established provisions for Spanish and Mexican land titles.

Click here to read this article of the Texas Constitution.

Article 14: Public Lands and Land Office

Article 14 of the Texas Constitution is labeled as "Public Lands and Land Office" and consists of its eight sections, seven of which have been repealed. Its single section establishes the General Land Office and the office of commissioner of the General Land Office.

Click here to read this article of the Texas Constitution.

Article 15: Impeachment

Article 15 of the Texas Constitution is labeled "Impeachment" and consists of nine sections. It lays out the rules under which Texas government officials can be removed from office and describes the process of impeachment. The Texas House of Representatives is granted the power of impeachment.

Click here to read this article of the Texas Constitution.

Article 16: General Provisions

Article 16 of the Texas Constitution is entitled "General Provisions" and consists of 73 sections, 27 of which have been repealed and one of which has been redesignated.

Miscellaneous provisions include limits on interest rates, civil penalties for murder, the punishment for bribery, prohibitions on garnishment of wages and provisions for the constitutional protection of a mechanic's lien.

Click here to read this article of the Texas Constitution.

Article 17: Mode of Amending the Constitution of This State

Article 17 of the Texas Constitution is entitled "Mode of Amending the Constitution of This State" and consists of two sections, of which one has been repealed. It prescribes the procedure for amending the constitution.

Click here to read this article of the Texas Constitution.

Amending the constitution

• The joint resolution can originate in either branch of the legislature. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.
• Amendments may be proposed in either regular or special sessions.
• Joint resolutions endorsing a proposed amendment must include the text of the proposed constitutional amendment and specify an election date. These joint resolutions may include more than one proposed amendment.
• If more than one proposition is under consideration on a ballot, the Texas Secretary of State conducts a random drawing to assign each proposition a ballot number.
• If voters reject an amendment, the legislature can resubmit it. For example, after Proposition 2 was rejected in August 1991, the legislature re-adopted it and re-submitted it for that year's November ballot, where it was approved as Texas Proposition 13 (1991).
• The ballot wording of a proposition is specified in the joint resolution adopted by the Legislature, which has broad discretion in this matter. Texas courts have heard challenges to proposed ballot wording but have generally ruled that "ballot language is sufficient if it describes the proposed amendment with such definiteness and certainty that voters will not be misled."[4]
• The Legislature may call an election for voter consideration of proposed constitutional amendments on any date, as long as election authorities have sufficient time to provide notice to the voters and print the ballots.
• A brief explanatory statement of the nature of each proposed amendment, along with the ballot wording for each amendment, must be published twice in each newspaper in the state that prints official notices. The first notice must be published 50 to 60 days before the election. The second notice must be published on the same day of the subsequent week. The secretary of state must send a complete copy of each amendment to each county clerk, who must post it in the courthouse at least 30 days prior to the election.
• The secretary of state drafts the ballot explanation. This must be approved by the Attorney General of Texas.
• Constitutional amendments take effect when the official vote canvass confirms statewide majority approval, unless a later date is specified. Statewide election results are tabulated by the secretary of state and must be canvassed by the governor 15 to 30 days following the election.

History

On February 15, 1876, the current Texas state constitution took effect. This version is the state's fifth document since Texas achieved statehood. Prior to entering the United States, Texas had an additional two constitutions, the Coahuila y Tejas and the 1836 Constitution of the Republic of Texas.[5] Once statehood was achieved, Texas adopted a constitution in 1845, 1861, 1866, 1869 and 1876.[6][7]

The current constitution included 289 sections organized into 17 articles when it was ratified in 1876. Since then, 211 new sections have been added, and 66 of the original sections plus 49 of the added sections have been removed.[8] The Texas constitution is one the of longest and oldest still in effect.[8]

Suggest a link

1. ↑ 1.0 1.1 Texas Legislative Council, "Amendments to the Texas Constitution Since 1876," May 2014
2. ↑ 2.0 2.1 Texas Constitution and Statutes, "Texas Constitution," accessed March 30, 2014
3. ↑ Texas Constitution and Statutes, "Article 1. Bill of Rights," accessed November 2, 2016
4. ↑ Texas Legislative Library, "Description of amendment procedure, p. 3," accessed July 13, 2015
5. ↑ Lone Star Junction, "The Constitution of Texas," accessed March 30, 2014
6. ↑ Texas History, "The 1861 Constitution of Texas," accessed March 30, 2014
7. ↑ University of Texas: Austin - Texas Politics, "The Constitution," accessed March 30, 2014
8. ↑ 8.0 8.1 Texas.gov, "Amendments to the Texas Constitution Since 1876," accessed March 30, 2014