This chapter discusses the Texas state constitution and government. It provides details on the history of the Texas constitution from 1836 to the current 1876 constitution. It describes the structure of the Texas legislature which is bicameral, and the roles of the governor and other executive offices like the lieutenant governor. It also outlines the organization of Texas state courts from local trial courts up to the supreme court and court of criminal appeals. Judges can be selected through popular vote, gubernatorial appointment, or local executive appointment.

1. CHAPTER 24
The Texas State Constitution
• What are the history, contents, and importance of
the first State constitutions?
• What is the history of the Texas constitution?
• What is the process for constitutional change?
• Is there a need for reform of State constitutions?

2. CHAPTER 24
The First State Constitutions
• Most were modeled after colonial charters.
• Each proclaimed the principles of popular
sovereignty, limited government, separation of
powers, and checks and balances.
• None provided for full religious freedom.
• Each set rigid qualifications for voting and
officeholding.
• All gave property owners a favored standing.

3. CHAPTER 24
The History of the Texas Constitution
1836
• The constitution of the Republic of Texas
was ratified; included the separation of
powers as well as a system of checks and
balances, adopted community property,
homestead exemptions and protections,
and special relief to debtors
1845
• Texas was admitted into the United States
of America and ratified a new constitution
to reflect its statehood.
1861
• Texas seceded from the United States and
created a new State constitution with
stronger provisions for State rights.
1866
• The Constitutional Convention of 1866
completed a new Texas constitution
following the conclusion of the Civil War.
1869
• A new constitution was ratified after two
constitutional conventions were held over a
period of four years.
1874
• State legislators attempted to pass a new
constitution with increases in the power of
government. It was not approved by the
citizens of the State.
1876
• The current constitution of Texas was
ratified.

4. CHAPTER 24
The Texas State Constitution Today
Texas State Constitution Principles
• Basic principles of popular sovereignty, limited
government, separation of powers, and checks
and balances
• Protections of civil rights
• Governmental structure
• Governmental powers and processes
• Constitutional change
• Miscellaneous provisions

5. CHAPTER 24
Constitutional Change
How to propose changes to a
State Constitution

6. CHAPTER 24
The Need for Reform
Length of Constitution
• The Texas
constitution is the
second longest in the
nation, with 390
amendments.
• There has been a
failure to separate
fundamental law from
statutory law.
Age of Constitution
• The Texas
constitution is more
than 100 years old,
with outdated
provisions.

7. CHAPTER 24
Section 1 Assessment
1. In the Texas State constitution, what basic principle makes the people the
sole source of authority for government?
(a) limited government
(b) popular sovereignty
(c) checks and balances
(d) freedom of religion
2. Which of the following is not a method used to propose State constitution
changes?
(a) by convention
(b) by legislature
(c) by court order
(d) by ballot initiative
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8. CHAPTER 24
Section 1 Assessment
1. In the Texas State constitution, what basic principle makes the people the
sole source of authority for government?
(a) limited government
(b) popular sovereignty
(c) checks and balances
(d) freedom of religion
2. Which of the following is not a method used to propose State constitution
changes?
(a) by convention
(b) by legislature
(c) by court order
(d) by ballot initiative
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9. CHAPTER 24
Texas State Legislature
• How is the Texas State legislature structured, and
what is its size?
• What are the election process, terms, and
compensation of Texas State legislators?
• What are the powers of the Texas State
legislature, and how is it organized?
• What is the legislative process at the State level?

10. CHAPTER 24
The Legislature: Structure and Size
• The basic function of the legislature is to
translate the public will into public policy.
• Like most State legislatures, the Texas legislature
is bicameral, with a senate and house of
representatives.
• An ideal size is one in which there are not too
many people to make business difficult to
conduct, but not so few that many interests go
unrepresented.
• The Texas senate is made up of 31 members, and
the house of representatives is comprised of 150
members.

11. CHAPTER 24
The Texas State Legislators
• The Texas State constitution defines legislator
requirements regarding age, citizenship, and
residence.
• Legislators are chosen by popular vote, usually in
November of even-numbered years.
• Legislators serve either two- or four-year terms.
• The typically low compensation keeps many
qualified people from running for these offices.
• The Texas legislature meets on a biennial (every-
other-year) basis, and special sessions may be
called by the governor for urgent matters.

12. CHAPTER 24
Powers of the Legislature
Legislative Powers
• The legislature can pass any law that does not
conflict with federal law or with the State
constitution.
• The legislature has the powers to tax, spend,
borrow, establish courts, define crimes and
punishments, regulate commerce, and maintain
public schools, among other powers.
• The legislature also has the vital police power to
protect and promote the public health, safety,
morals, and welfare.

13. CHAPTER 24
Organization of the Texas State Legislature
Presiding Officers
• The officer presiding over
lower house sessions is the
speaker, chosen by the house
members.
• The senate’s presiding officer
is the lieutenant governor, or,
in his or her absence, the
president pro tempore, a
member chosen by the
senate.
• The presiding officer refers
bills to committee, recognizes
members to speak on the
floor, and interprets and
applies procedural rules.
Committee System
• Committee members
determine which bills reach
the floor.
• Committees are set up by
subject matter.
• Committees amend and
rewrite bills introduced by
members of the legislature.

14. CHAPTER 24
The Legislative Process in Texas
• officers and agencies of State and local
government,
• interest groups and lobbyists, and
• private individuals.
Bills are introduced by legislators, but may be
written by
A referendum is a process by which a legislative
measure is decided upon by the State’s voters. In
Texas, the referendum is only used to approve
constitutional amendments.

15. CHAPTER 24
Section 2 Assessment
1. What legislative power protects and promotes public safety?
(a) the power to tax
(b) the power to establish courts
(c) the power to define crimes and punishment
(d) the police power
2. Texas holds new legislative sessions every
(a) year.
(b) two years.
(c) month.
(d) two months.
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16. CHAPTER 24
Section 2 Assessment
1. What legislative power protects and promotes public safety?
(a) the power to tax
(b) the power to establish courts
(c) the power to define crimes and punishment
(d) the police power
2. Texas holds new legislative sessions every
(a) year.
(b) two years.
(c) month.
(d) two months.
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17. CHAPTER 24
The Governor and State Administration
• What is the office of governor?
• What roles does the governor have?
• What are the duties and powers of the lieutenant
governor?
• What are some other State executive offices?

18. CHAPTER 24
The Governorship
• Governors must be American citizens, at least 30
years of age, and must have lived in the State for
at least five years.
• The governor and lieutenant governor are chosen
independently by popular vote in a direct primary.
• Governors serve four-year terms, with no
limitations on reelection.
• If a governor leaves office during a term, he or
she is succeeded by the lieutenant governor.
• Governors can be removed from office by
impeachment and conviction.

19. CHAPTER 24
A Governor’s Many Roles
• appointment and removal of assistants;
• supervising the staff of the State’s executive
branch;
• commanding the State militia, or National Guard.
The governor’s basic legal responsibility is to “take
care that laws be faithfully executed.” This is
accomplished through these tasks, among others:

20. CHAPTER 24
The Lieutenant Governor
• The lieutenant governor of Texas is part of both the executive and
legislative branches.
• The lieutenant governor presides over the senate. In this position,
he or she can influence state policy and the legislature.
• The lieutenant governor has the right to debate and vote on issues
when the senate sits as a committee of the whole.
• He or she is a member of the Legislative Budget Board,
considered by most Texans as the single most important arm of
the Texas legislature.
With the limited executive authority of the governor, the powers
of the lieutenant governor of Texas are considered to surpass
those of the governor.

21. CHAPTER 24
Other Executive Officers
• The only officer appointed by the governor, the secretary of State
is the State’s chief clerk and record keeper.
• The comptroller is the chief financial officer of Texas and is
charged with collecting taxes and making payments out of the
State treasury.
• The attorney general is the State’s lawyer, acting as the legal
advisor to State officers and agencies.
• The commissioner of the General Land Office is charged with
managing and collecting rentals and leases for State-owned
lands.
• The commissioner of agriculture is responsible for the
administration of all Texas laws that relate to agriculture.
The governor of Texas shares control of his or her administration
with five other executive officers.

22. CHAPTER 24
Section 3 Assessment
1. How long is the term of the Texas governor?
(a) four years
(b) three years
(c) two years
(d) one year
2. Who is the State’s lawyer?
(a) the secretary of state
(b) the governor
(c) the attorney general
(d) the lieutenant governor
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23. CHAPTER 24
Section 3 Assessment
1. How long is the term of the Texas governor?
(a) four years
(b) three years
(c) two years
(d) one year
2. Who is the State’s lawyer?
(a) the secretary of state
(b) the governor
(c) the attorney general
(d) the lieutenant governor
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24. CHAPTER 24
In the Courtroom
• What kinds of laws are applied in Texas State
courts?
• What are the differences between civil law and
criminal law?
• How can we describe the Texas jury system?

25. CHAPTER 24
Kinds of Law Applied in Texas State Courts
• Constitutional law, based on the U.S. and State
constitutions
• Statutory law, based on laws enacted by the U.S.
and Texas legislatures
• Administrative law, composed of rules, orders,
and regulations by federal, State, or local
executive officers
• Common law, based on judge-made rulings
dependent upon accepted ideas of right and
wrong
• Equity, preventative laws based on “fairness,
justice, and right”

26. CHAPTER 24
Criminal and Civil Law
Criminal Law
• Defines public wrongs
and provides for their
punishment
• There are two types:
felonies and
misdemeanors.
Civil Law
• Relates to disputes
between private
parties or between
private parties and the
government that are
not covered by
criminal law
• These cases are
referred to as “law
suits.”
• They lead to an award
of money or a fine.

27. CHAPTER 24
The Jury System
The Grand Jury
• Determines whether the
evidence against a person is
sufficient to justify a trial
• Consists of 12 people
• A majority is needed to indict.
• They meet and deliberate in
secret.
The Petit Jury
• Hears and reviews the
evidence in a case and
decides the disputed facts.
• The usual number of jurors at
the Texas county level is 6
and at the State district level
is 12.
• Their verdict must be
unanimous for criminal cases
and must have a five-sixths
majority in civil cases.

28. CHAPTER 24
Section 4 Assessment
1. Cases in civil court are referred to as
(a) jury trials.
(b) crimes against humanity.
(c) capital cases.
(d) law suits.
2. Juries that decide on a person’s or party’s guilt or innocence are called
(a) grand juries.
(b) lawyers.
(c) petit juries.
(d) criminal juries.
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29. CHAPTER 24
Section 4 Assessment
1. Cases in civil court are referred to as
(a) jury trials.
(b) crimes against humanity.
(c) capital cases.
(d) law suits.
2. Juries that decide on a person’s or party’s guilt or innocence are called
(a) grand juries.
(b) lawyers.
(c) petit juries.
(d) criminal juries.
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30. CHAPTER 24
The Courts and Their Judges
• How are Texas State courts organized?
• What kind of work does each type of Texas State
court do?
• What are the different ways that Texas State
judges are selected?

31. CHAPTER 24
Organization of Texas State Courts
First Tier
Local Trial Courts
• Justices of the peace try
misdemeanors and civil disputes
involving less than $5,000.
• Municipal courts are found in
more urban areas and hear
criminal cases with fines under
$2,000.
Second Tier
County-Level Courts
• Constitutional county courts are
established by the Texas
constitution as courts of record.
• County courts of law handle
minor criminal cases as well as
civil matters such as probate.
Third Tier
General Trial & District Courts
• Trial courts hear the more
important civil and criminal cases
and exercise original jurisdiction.
Fourth Tier
Intermediate Appellate Courts
• Courts of appeals do not hold
trials and are concerned with the
correct interpretation of the law.
Fifth Tier
Highest Courts
• The State supreme court is the
highest appellate court in civil
cases.
• The court of criminal appeals is
the last resort in criminal cases.

32. CHAPTER 24
Selection of Texas Judges
Judges are selected by
• popular vote,
• gubernatorial appointment, or
• local executive appointment.

33. CHAPTER 24
Section 5 Assessment
1. What court is the highest Texas appellate court in criminal cases?
(a) the supreme court
(b) the district court
(c) the juvenile court
(d) the court of criminal appeals
2. In what way are judges not selected?
(a) by a local executive
(b) by the governor
(c) by popular vote
(d) by a court committee
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34. CHAPTER 24
Section 5 Assessment
1. What court is the highest Texas appellate court in criminal cases?
(a) the supreme court
(b) the district court
(c) the juvenile court
(d) the court of criminal appeals
2. In what way are judges not selected?
(a) by a local executive
(b) by the governor
(c) by popular vote
(d) by a court committee
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