Constitutional Amendments on the Nov 2007 Ballot

[RobertB]

Early voting started today... but without Googling for the answer, how much do you know about the constitutional amendments on the ballot? I'll come clean and tell on myself: I know about one, and I kinda remember there was another one I should know about -- but I couldn't honestly say what it is.

[St-T]

I just voted... I had no idea on the constiutional amendments... skipped 'em all and just voted on the Trinity Tollway.

[ericthegardener]

Glad you brought this up! Now I will do some reading before I go vote.

Anyone want to give a Reader's Digest explanation of these amendments that are on the ballot?

[monogodo]

From Nov 6 Explanatory Statements: (http://www.sos.state.tx.us/elections/voter/2007novconexp.shtml)

PROPOSITION 1
(HJR 103)

HJR 103 would update the constitutional reference to Angelo State University to conform with the statutory transfer of that institution from membership in the Texas State University System to membership in the Texas Tech University System.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment providing for the continuation of the constitutional appropriation for facilities and other capital items at Angelo State University on a change in the governance of the university."Change wording to reflect Angelo State University belonging to Texas Tech University System instead of Texas State University System.


PROPOSITION 2
(SJR 57)

SJR 57 would authorize the legislature to permit the Texas Higher Education Coordinating Board to issue up to $500 million in general obligation bonds to finance educational loans to college and university students, and to enter into bond enhancement agreements.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment providing for the issuance of $500 million in general obligation bonds to finance educational loans to students and authorizing bond enhancement agreements with respect to general obligation bonds issued for that purpose."Allow the Texas Higher Education Coordinating Board to issue $500 million in bonds to finance college loans.


PROPOSITION 3
(HJR 40)

HJR 40 would authorize the legislature to limit the maximum appraised value of a residence homestead for property tax purposes in a tax year to the lesser of the most recent appraisal valuation, or 110 percent, or a greater percentage as determined by the legislature, of the appraised value in the preceding tax year.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment authorizing the legislature to provide that the maximum appraised value of a residence homestead for ad valorem taxation is limited to the lesser of the most recent market value of the residence homestead as determined by the appraisal entity or 110 percent, or a greater percentage, of the appraised value of the residence homestead for the preceding tax year."Limits the maximum appraised value of a residence homestead for property tax purposes in a tax year.

PROPOSITION 4
(SJR 65)

SJR 65 would authorize the legislature to permit the Texas Public Finance Authority to issue up to $1 billion in general obligation bonds, the proceeds of which would be dedicated to maintenance, construction, repairs, and equipment purchases, as authorized by the legislature for the following state agencies: the Texas Building and Procurement Commission; the Parks and Wildlife Department; the Department of the Adjutant General; the Department of State Health Services; the Department of Aging and Disability Services; the Texas School for the Blind and Visually Impaired; the Texas Youth Commission; the Texas Historical Commission; the Texas Department of Criminal Justice; the Texas School for the Deaf; and the Texas Department of Public Safety.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment authorizing the issuance of up to $1 billion in bonds payable from the general revenues of the state for maintenance, improvement, repair, and construction projects and for the purchase of needed equipment."Allow the Texas Public Finance Authority to issue up to $1 billion in bonds to fund maintenance, construction, repairs & equipment purchases for a bunch of state agencies.

PROPOSITION 5
(SJR 44)

SJR 44 would authorize the legislature to permit cities with a population of less than 10,000 to hold an election to allow the city to enter into an agreement with a property owner to temporarily freeze taxes on property either in or adjacent to an area approved for funding under the Downtown Revitalization Program or the Main Streets Improvements Program administered by the Department of Agriculture.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment authorizing the legislature to permit the voters of a municipality having a population of less than 10,000 to authorize the governing body of the municipality to enter into an agreement with an owner of real property in or adjacent to an area in the municipality that has been approved for funding under certain programs administered by the Texas Department of Agriculture under which the parties agree that all ad valorem taxes imposed on the owner's property may not be increased for the first five tax years after the tax year in which the agreement is entered into."Allows small towns to agree to temporarily freeze property taxes to help revitalize or improve their downtown area.

PROPOSITION 6
(HJR 54)

HJR 54 would authorize the legislature to exempt from ad valorem tax one motor vehicle owned by an individual that is used by the individual for both business and personal use.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment authorizing the legislature to exempt from ad valorem taxation one motor vehicle owned by an individual and used in the course of the owner's occupation or profession and also for personal activities of the owner." Allows an individual to exempt from ad valorem tax one motor vehicle used for both business & personal use.

PROPOSITION 7
(HJR 30)

HJR 30 would allow a governmental entity to sell property acquired through eminent domain to its immediately previous owner at the original purchase price, if the public use of the property has been canceled, if no progress is made toward that public use by a prescribed deadline, or if the property is unnecessary to accomplish that public use.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment to allow governmental entities to sell property acquired through eminent domain back to the previous owners at the price the entities paid to acquire the property."Allows a governmental entity to sell property gained through eminent domain back to the owner at the original purchase price, if the use for which it was originally obtained has been cancelled, or if the property is unnecessary to accomplish said use.

PROPOSITION 8
(HJR 72)

HJR 72 would clarify home equity loan procedures and protections and make conforming changes to the written disclosure provided to the borrower at the loan closing. The amendment would establish that the status of whether property is an agricultural homestead for the purpose of receiving homestead protection, would be determined by whether it was designated for agricultural use on the date of the loan closing. The amendment would provide that a declared state of emergency (e.g., following a natural disaster) would justify execution of a second home equity loan on the same property less than one year after the first home equity loan. It would provide that non-substantive omissions on a loan application would not affect the agreement. It would require a borrower to receive a copy of all executed loan documents, and a disclosure list of fees and costs at closing. It would prohibit the use of preprinted checks for the use of unsolicited loan advances to obtain a home equity line of credit.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment to clarify certain provisions relating to the making of a home equity loan and use of home equity loan proceeds."Clarifies home equity loan procedures and protections.

PROPOSITION 9
(SJR 29)

SJR 29 would authorize the legislature to exempt all or part of the market value of the residence homesteads of veterans certified as having a service-connected 100 percent disability rating. SJR 29 would also clarify the progression of property tax exemptions available to veterans who are less than 100 percent disabled.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment authorizing the legislature to exempt all or part of the residence homesteads of certain totally disabled veterans from ad valorem taxation and authorizing a change in the manner of determining the amount of the existing exemption from ad valorem taxation to which a disabled veteran is entitled."Exempts all or part of the market value of the residence homesteads of 100% service-connected disabled veterans, and clarifies the progression of exemptions available to veterans who are less than 100% disabled.

PROPOSITION 10
(HJR 69)

HJR 69 would remove constitutional references to the former office of inspector of hides and animals.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment to abolish the constitutional authority for the office of inspector of hides and animals."Removes references to a defunct office.

PROPOSITION 11
(HJR 19)

HJR 19 would require a vote taken in either house of the legislature to be recorded by record vote, if the vote was on final passage of a bill, other than local bills, a resolution proposing a constitutional amendment, or any other resolution that is not purely ceremonial. The record vote must be archived and available for public viewing on the Internet for at least two years.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment to require that a record vote be taken by a house of the legislature on final passage of any bill, other than certain local bills, of a resolution proposing or ratifying a constitutional amendment, or of any other nonceremonial resolution, and to provide for public access on the Internet to those record votes."Requires that a vote taken in the legislature on the final passage of a bill (other than local bills), a resolution proposing a constitutional amendment, or any other non-ceremonial resolution be recorded by record vote.

PROPOSITION 12
(SJR 64)

SJR 64 would authorize the Texas Transportation Commission to issue up to $5 billion in general obligation bonds for highway improvement projects, the proceeds of which will be used to pay for projects, costs, and payments owed under related credit agreements.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment providing for the issuance of general obligation bonds by the Texas Transportation Commission in an amount not to exceed $5 billion to provide funding for highway improvement projects."Allows the TX Transportation Commission to issue up to $5 Billion in bonds for highway improvement projects, to be used to pay for projects, costs & payments owed under credit agreements.

PROPOSITION 13
(HJR 6)

HJR 6 would authorize the denial of bail to a person who violates conditions of release in a family violence case and permit the legislature to authorize the denial of bail to a person who violates certain court orders in a family violence case.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment authorizing the denial of bail to a person who violates certain court orders or conditions of release in a felony or family violence case."Denies bail to a person who violates release conditions or court orders in a family violence case.

PROPOSITION 14
(HJR 36)

HJR 36 would limit a state justice or judge’s service to December 31st of the fourth year of the term if he/she is elected to all or part of a six year term, and reaches mandatory retirement age during the first four years of said term.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment permitting a justice or judge who reaches the mandatory retirement age while in office to serve the remainder of the justice's or judge's current term."Imposes term limits for state justices or judges who are old.

PROPOSITION 15
(HJR 90)

HJR 90 would require the legislature to establish the Cancer Prevention and Research Institute of Texas, and would provide for its management, duties, and powers. It would authorize the issuance of up to $3 billion in general obligation bonds to be used for operations and grants for the purpose of scientific research of all forms of human cancer.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment requiring the creation of the Cancer Prevention and Research Institute of Texas and authorizing the issuance of up to $3 billion in bonds payable from the general revenues of the state for research in Texas to find the causes of and cures for cancer."Establishes the Cancer Prevention & Research Institute of TX, and provides for its management, duties and powers. Authorizes up to $3 billion in bonds to be used for operations and research.

PROPOSITION 16
(SJR 20)

SJR 20 would authorize the issuance of up to $250 million in general obligation bonds by the Texas Water Development Board to provide financial assistance to economically distressed areas of the state to help provide adequate sewer and water supply services for residential use.
The proposed amendment will appear on the ballot as follows: "The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $250 million to provide assistance to economically distressed areas." Authorizes up to $250 million in bonds by the Texas Water Development board to provide assistance to distressed areas to help provide adequate sewer & water for residential use.

I knew there were quite a few amendments on the ballot. I'd only heard of the Cancer Prevention & Research Institute of TX amendment, but I didn't know anything about it, other than Lance Armstrong was behind it (or in support of it).

[Spjz]

I just got my absentee ballot in the mail. I typically, out of principle, vote against constitutional amendments. We might as well replace the State Constitution with the Houston Yellow pages. It's shorter and makes more sense.

[jdwillis]

PROPOSITION 3
(HJR 40)

HJR 40 would authorize the legislature to limit the maximum appraised value of a residence homestead for property tax purposes in a tax year to the lesser of the most recent appraisal valuation, or 110 percent, or a greater percentage as determined by the legislature, of the appraised value in the preceding tax year.

The proposed amendment will appear on the ballot as follows: "The constitutional amendment authorizing the legislature to provide that the maximum appraised value of a residence homestead for ad valorem taxation is limited to the lesser of the most recent market value of the residence homestead as determined by the appraisal entity or 110 percent, or a greater percentage, of the appraised value of the residence homestead for the preceding tax year."



Limits the maximum appraised value of a residence homestead for property tax purposes in a tax year.


Does it?

If an appraisal district finds itself under pressure from the county taxing authorities to raise valuations, that appraisal district might be pressured to raise valuations, on average, the maximum 10% per year.

Providing an incentive to raise valuations to the maximum per year might not exactly define tax relief.

[monogodo]

Does it?

If an appraisal district finds itself under pressure from the county taxing authorities to raise valuations, that appraisal district might be pressured to raise valuations, on average, the maximum 10% per year.

Providing an incentive to raise valuations to the maximum per year might not exactly define tax relief.All I did was paraphrase what was written. I haven't researched the amendments at all. I won't argue/discuss with you what it actually does, as I really don't care.

[RobertB]

The League of Women Voters' guide to the election may be useful. It's in .pdf format on their Voters Information (http://www.lwvtexas.org/votersintro.htm) page. They include more details about the amendments, including positions for and against each one -- even housekeeping amendments like Prop. 10 ("The constitutional amendment to abolish the constitutional authority for the office of inspector of hides and animals.").

For Prop 3, referenced above, the pros and cons are more debatable:

Arguments For

• This amendment would align the language in the Texas Constitution with the intent of the Legislature when it approved the 10 percent cap on increases in homestead appraisal valuations in 1997.

• The amendment would eliminate "sticker shock" while ensuring that all taxpayers are treated equitably and would create a more comprehensible property tax system.

Arguments Against

• Rather than protecting the taxpayers from unplanned tax increases, this provision would encourage taxing authorities to reappraise more frequently and to routinely increase the tax amount by the maximum amount (10 %) with each appraisal.

• This bill is unnecessary because most of the large districts in which property values increase at the greatest rates already appraise properties on an annual basis. Smaller appraisal districts trying to appraise property more frequently would incur additional administrative costs which might not be offset by the increase in tax revenue.

[RobertB]

From the Houston Chronicle:

Oct. 22, 2007, 7:44PM
Language vague on how Proposition 4 funds to be spent
Up to $1 billion would be set aside for prisons, parks and courthouses, but it's left unsaid

By GARY SCHARRER
Copyright 2007 Houston Chronicle Austin Bureau
http://www.chron.com/disp/story.mpl/metropolitan/5236213.html

AUSTIN — Texans who want nicer state parks or who support funding to preserve historic courthouses will have to read between the lines to find their favorite causes on the Nov. 6 election ballot.

Up to $1 billion in general obligation-bonding authority will allow construction of three state prisons, state park improvements, historic preservation and new Texas Youth Commission facilities if voters approve Proposition 4 in the constitutional amendment election.

But voters will have to do their homework to understand the ballot.

Missing links
The Proposition 4 language simply asks approval for up to $1 billion in bonds "for maintenance, improvement, repair and construction projects and for the purchase of needed equipment." No mention of state parks, county courthouse preservation and the like.

Senate Finance Chairman Steve Ogden, R-Bryan, said legislators couldn't specifically break out bonding propositions for parks, historical preservation and prisons because to do so would clutter up the ballot, which already contains 16 amendment proposals.
According to the article, the legislature has already apportioned the funds that the constitutional amendment allows them to spend:

What the money would finance:
• $233.4 million for three minimum- to medium-security prisons (if necessary) and $40 million for repair of existing prisons.

• $200 million for Department of Public Safety regional offices in Lubbock, McAllen and Rio Grande City; a new crime lab in Lubbock; and an emergency vehicle training course.

• $52.1 million for Parks and Wildlife: $25 million for the Battleship Texas renovation and $27.1 million for state park repairs.

• $48 million for county courthouse renovations and historic sites.

• $39.7 million for repair and renovation of mental health state schools.

• $32 million for deferred maintenance and asbestos abatement for state buildings.

• $30.6 million for repair and renovation of mental health state hospitals.

• $27.9 million for new construction at existing Texas Youth Commission facilities and one new complex in a metro area.

• $13.5 million for major maintenance projects at 14 Readiness Centers in the Adjutant General's department and repairs at Camp Mabry.
I'm very torn on this one. I really want the parks to get their $27 million, but I share the concerns of the activist quoted in the Houston Chronicle article (click the link) who wonders if the $233 for three new prisons is really the best way to reduce crime. If I had some assurance that the prisons wouldn't be run by lowest-bid private contractors, maybe I'd feel a bit better about the idea.