A variety of propositions to amend the Texas Constitution are on the November ballot
DAVID TAFFET | Senior Staff Writer
taffet@dallasvoice.com
Early voting has begun for the Nov. 7 constitutional amendments election. On the ballot are 14 propositions. If passed, they’ll become Texas law.
Why so many amendments?
Framers of the Texas Constitution wanted to limit government power. So the document is written to put limits what the Texas Legislature can do. The legislature can, however, pass resolutions that go to voters to amend the constitution and thereby pass laws through a direct vote of the people.
Not counting the current crop of amendments, Texans have voted on 700 proposed amendments since the current constitution was passed in 1876, passing 517 of them.
What’s on the ballot this year?
A wide variety of issues face voters in this year’s election. Some affect people across the state — like increasing the homestead exemption. Some affect just one area — like eliminating the position of county treasurer in Galveston County.
Much of the spending for these amendments has already passed, but since Texas has a $32 billion surplus, we’d be spending money we already have. Still, that’s not the only reason to vote yes on any of the propositions.
Here’s a brief outline of each of the proposed amendments with recommendations of a yes or no vote.
Amendment 1: “… protecting the right to engage in farming, ranching, timber production, horticulture and wildlife management.”
This amendment would prevent local governments from limiting farming or ranching within their jurisdictions without demonstrating danger to the public.
Don’t think this has anything to do with large cities like Dallas? My last house in Oak Cliff was built on property sold off by a ranch owner in the 1950s. While the smaller residential lots were zoned residential, the original house built in 1907 on about three acres remains zoned as a ranch. My neighbor kept two horses on the property. In the middle of Dallas, about seven miles from downtown, I felt like I was living in the country.
To prevent the city from banning reasonable use of property for farming or ranching, vote yes. To give cities more zoning power, vote no.
Amendment 2: “… authorizing a local option exemption from ad valorem taxation by a county or municipality of all or part of the appraised value of real property used to operate a child-care facility.”
This would allow cities and counties to grant a property tax exemption to properties used as child care facilities.
To allow property tax exemptions for child care facilities, vote yes.
Amendment 3: “… prohibiting the imposition of an individual wealth or net worth tax, including a tax on the difference between the assets and liabilities of an individual or family.”
No one has proposed a “wealth tax” on individuals or families in Texas. There hasn’t been a discussion of such a tax in Texas, although such a tax has been proposed but not passed in other states.
This is an amendment looking for a problem and is one of just three of the amendments state Rep. Venton Jones suggests voting no on.
Amendment 4: “… to increase the amount of the exemption from ad valorem taxation by a school district applicable to residence homesteads from $40,000 to $100,000 …”
This amendment would increase the homestead exemption for primary residences from $40,000 to $100,000. It benefits only homeowners. Landlords don’t get a homestead exemption on their rental properties and, therefore, wouldn’t receive a tax cut to pass along to renters.
But tax cuts granted to some have to be made up by others. Dallas attorney Scott Chase, who has studied the amendments, wrote to Dallas Voice, “Part and parcel of the assault on public education. Vote no.”
Homeowners who would like a larger tax break should vote yes. However, should this amendment pass, nothing would stop a school district that grants the higher exemption from raising the tax rate.
Amendment 5: “… relating to the Texas University Fund, which provides funding to certain institutions of higher education to achieve national prominence as major research universities and drive the state economy.”
This would provide funding to additional schools that don’t currently receive money from the fund and expand the amount of research going on at the university level across the state.
To increase the number of schools receiving money to conduct research, vote yes.
Amendment 6: “… creating the Texas water fund to assist in financing water projects in this state.”
As Texas’ population grows, the state’s need for more water grows. In addition, pipes are aging and need to be replaced. No one’s opposing this one, and it got on the ballot with bipartisan support. Just vote yes.
Amendment 7: “… providing for the creation of the Texas energy fund to support the construction, maintenance, modernization, and operation of electric generating facilities.”
This amendment subsidizes only new gas-powered electric plants, which emit greenhouse gases. Renewable and clean energy sources are not addressed.
The Galveston News points out, “It never ends,” “It’s structured to benefit one industry only,” “There is no guarantee that new generation will be built,” and “It doesn’t fix the generation problem.”
If passed, an estimated 3,500 MW of power will come on line by 2028. ERCOT has said it needs 3,000 additional MWs this winter.
Both Jones and Chase recommend a “no” vote.
Amendment 8: “… creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.”
If passed, $1.5 billion would be allocated to expand broadband service to the 7 million people in the state with limited or no access. It would also expand 911 service in the state.
To expand broadband and 911 service, vote yes.
Amendment 9: “… authorizing the 88th Legislature to provide a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas.”
The Legislature has already voted to move $3.3 billion from the general fund to the retirement fund to underwrite the raise should this amendment pass.
To give retired teachers their first pay increase in 20 damn years, vote yes.
Amendment 10: “… to authorize the legislature to exempt from ad valorem taxation equipment or inventory held by a manufacturer of medical or biomedical products to protect the Texas healthcare network and strengthen our medical supply chain.”
This amendment is expected to lower healthcare costs and strengthen the medical supply chain. On the other hand, reduced taxes have to be made up by taxing someone else, and no one expects lower healthcare costs to be passed along to the consumer. It’s easy to be either for or against this one. With no organized opposition, it’s expected to pass.
To vote for lower taxes on medical and biomedical products, vote yes.
Amendment 11: “… authorizing the legislature to permit conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes to fund the development and maintenance of parks and recreational facilities.”
Chase wrote, “Because of a quirk in Texas law, El Paso County needs to be the subject of a constitutional amendment.” Let El Paso have parks that would be paid for by El Paso County residents and actual park users. Vote yes.
Amendment 12: “… providing for the abolition of the office of county treasurer in Galveston County.”
County treasurer is an important position that provides checks and balances when it comes to county spending. Either a political battle is going on in Galveston, or the wrong person currently has the job, but that’s no reason to abolish the position.
To maintain the position of county treasurer in Galveston, vote no.
Amendment 13: “… to increase the mandatory age of retirement for state justices and judges.”
This will increase the mandatory retirement age from 75 to 79 and the minimum retirement age from 70 to 75. To allow judges to remain on the bench longer, vote yes. To keep the retirement age at 75, vote no.
Amendment 14: “… providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks.”
This amendment is supported by environmental groups. According to the Texas Tribune, the state ranks 35th for state park acreage per capita. If passed, the Legislature has approved $1 billion for acquiring land to create new state parks.
To spend more to open additional state parks, vote yes.
