Texas adopted yet another new constitution when it became the twenty-eighth state to join the Union. The Constitution of 1845, according to The Handbook of Texas Online, has been the most respected of Texas's constitutions because of its simplicity and directness. Even Massachusetts Senator Daniel Webster, an opponent of statehood for Texas, commented that this Texas constitution was the best of the state constitutions.
The framers of the 1845 Constitution - which measured approximately twice the length of the Texas Republic's constitution - reportedly drew heavily from the newly adopted Louisiana constitution, as well as from the constitution drawn up by the Texas Constitutional Convention of 1833. Like these, and the Constitution of the Republic of Texas before it, the new Constitution featured separation of powers into three branches, a bicameral legislature, a democratic form of government, elected executive and legislative positions, and appointed judicial positions.
This constitution preserved the homestead and community property provisions embodied in the previous constitution. It gained length from the General Provisions article (the longest of the document's articles), most of the thirty-seven of which placed restrictions on legislative powers. Some of these - like forbidding the legislature to authorize individuals to issue bills, checks, promissory notes, or other paper to circulate as money - were changes necessary to join the Union and comply with the U.S. Constitution. Still others seemed to reflect the fabled frontier aversion to activist government and the populist concern for the working man. The total accumulated state debt was limited to $100,000, except in case of war, insurrection, or invasion. Equal and uniform taxation was required, but income and occupation taxes might be levied. Additionally, each family was allowed an exemption of $250 on household goods.
The Constitution also granted the Governor appointment powers similar to those exercised by the President on the national level. The Governor could appoint the Attorney General, Secretary of State, and Supreme and District court judges, subject to confirmation by the state Senate. However, the Comptroller of Public Accounts and the Treasurer were elected every two years by a joint session of the Legislature.
