Election is Nov. 4
AUSTIN — Seventeen amendments are on the Nov. 4 ballot ranging from financial support for technical training, ensuring voters are U.S. citizens and creating a dementia-research institute to no-bail for defendants accused of heinous crimes.
The proposals arose from the recently concluded 89th legislative session in which lawmakers boiled down 288 constitutional amendments to the propositions voters will consider at the ballot box.
Texas is one of 16 states that require a two-thirds vote in each legislative chamber during a session to refer a constitutional amendment to the ballot.
Texas Public Policy Research has created a list of the proposals with short explanations.
The group bills itself as “a nonpartisan public policy organization committed to advancing liberty-based solutions that improve governance across the Lone Star State.”
For more, visit texaspolicyresearch.com. Early voting is Oct. 20-Oct. 31.
• Proposition 1 (SJR 59): Creating funds to support the capital needs of educational programs offered by the Texas State Technical College System.
This amendment would create two dedicated state funds to support infrastructure, land acquisition, and equipment for the TSTC system, seeded with an initial $850 million from general revenue. These funds would operate outside the normal state budget and legislative oversight.
• Proposition 2 (SJR 18): Banning taxes on the realized or unrealized capital gains of an individual, family, estate or trust.
This would permanently prohibit the Legislature from imposing any tax on capital gains, whether realized or unrealized. Texas currently does not have such a tax, so the measure functions as a safeguard to preserve the state’s existing low-tax structure.
• Proposition 3 (SJR 5): Denying bail under certain circumstances to persons accused of certain offenses punishable as a felony.
This would authorize judges to deny bail to individuals charged with a list of serious felonies, such as murder, aggravated assault and human trafficking, if the state proves by clear and convincing evidence that release would endanger the public or risk flight. It embeds mandatory bail denial for certain charges into the state constitution, with limited discretion for judges.
• Proposition 4 (HJR 7): Dedicating a portion of state sales and use tax revenues to the Texas Water Fund and to provide for the allocation and use of that revenue.
Prop 4 would divert up to $1 billion per year in existing sales tax revenue into a new Texas Water Fund to support water infrastructure projects. The funding would occur automatically each year, bypassing the normal legislative appropriations process, and would continue until 2035 unless extended by the Legislature.
• Proposition 5 (HJR 99): Exempting from ad valorem taxation tangible personal property consisting of animal feed held by the owner of the property for sale at retail.
This amendment would give the Legislature the authority to exempt animal feed held for retail sale from local property taxes. It does not require the exemption but permits future legislation to implement it, potentially correcting a tax inconsistency within the agricultural supply chain.
• Proposition 6 (HJR 4): Prohibits the Legislature from imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.
This would preemptively prohibit the Legislature from imposing taxes on securities transactions or from creating new occupation taxes on registered financial market operators such as brokers and exchanges. It aims to shield investors and financial institutions from future taxation in this space.
• Proposition 7 (HJR 133): Providing for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a veteran who died as a result of a condition or disease that is presumed to have been service-connected.
This amendment allows the Legislature to exempt the homestead of a surviving spouse of a veteran who died from a presumed service-connected condition. The exemption would continue if the spouse remains unmarried and moves to a new qualifying homestead, carrying forward the previous tax relief.
• Proposition 8 (HJR 2): Prohibiting the Legislature from imposing death taxes applicable to a decedent’s property or the transfer of an estate, inheritance, legacy, succession or gift.
Prop 8’s passage would permanently prohibit the Legislature from imposing estate, inheritance or gift taxes. Texas does not currently levy such taxes, so this measure acts as a safeguard to prevent future reintroduction.
• Proposition 9 (HJR 1): Exempting from ad valorem taxation a portion of the market value of tangible personal property a person owns that is held or used for the production of income.
This amendment would allow the Legislature to exempt up to $250,000 of the market value of income-generating personal property, such as business equipment or tools, from local property taxes. The exemption would ease the tax burden on small businesses and the self-employed.
• Proposition 10 (SJR 84): Providing a temporary exemption from ad valorem taxation of the appraised value of an improvement to a residence homestead that is completely destroyed by a fire.
This gives the Legislature authority to provide a temporary property-tax exemption for homesteads that are entirely destroyed by fire. The exemption would apply only to the value of the destroyed structure, not the land, and would be implemented through future legislation.
• Proposition 11 (SJR 85): Increasing the amount of the exemption from ad valorem taxation by a school district of the market value of the residence homestead of a person who is elderly or disabled.
Prop 11 allows the Legislature to raise the additional school property- tax exemption for elderly and disabled homeowners from $10,000 to $60,000. The increased exemption would reduce school district taxes for qualifying individuals and would be offset by state funds to maintain district funding levels.
• Proposition 12 (SJR 27): Relating to the authority of the State Commission on Judicial Conduct, the tribunal and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.
This would expand and restructure the SCJC, increasing its membership and public representation, while enhancing its ability to issue public sanctions against judges. It also introduces new powers, including the authority to suspend judges upon indictment for certain crimes.
• Proposition 13 (SJR 2): Raising the exemption of residence homesteads from ad valorem taxation by a school district from $100,000 to $140,000.
This would raise the school district property-tax exemption on homesteads from $100,000 to $140,000, reducing taxable home values and offering tax relief to homeowners. The state would reimburse school districts for the resulting loss in revenue.
• Proposition 14 (SJR 3): Creating the Dementia Prevention and Research Institute of Texas, establishing the Dementia Prevention and Research Fund to provide money for research on and prevention and treatment of dementia, Alzheimer’s disease, Parkinson’s disease and related disorders in this state.
Passage of Prop 14 would create a new state-run medical research institute and permanently dedicate $3 billion from general revenue, plus up to $300 million annually, for research and infrastructure related to dementia and other neurodegenerative diseases. The fund would exist outside the state’s regular spending cap.
• Proposition 15 (SJR 34): Parents are the primary decision makers for their children.
This would enshrine in the Texas Constitution the inherent right of parents to care for and make decisions about their children’s upbringing. It would restrict state or local government interference unless justified by a compelling government interest using the least restrictive means.
• Proposition 16 (SJR 37): Voters must be United States citizens.
Prop 16 would explicitly state in the Texas Constitution that only U.S. citizens may vote in Texas elections. While current law already limits voting to citizens, this measure codifies that restriction in the Constitution to prevent future legal or policy changes allowing non-citizen voting.
• Proposition 17 (HJR 34): Providing an exemption from ad valorem taxation of the amount of the market value of real property located in a county that borders the United Mexican States that arises from the installation or construction on the property of border security infrastructure and related improvements.
This amendment would allow the Legislature to exempt from property taxation any increase in value to land in Texas border counties that results from the addition of border security infrastructure. It is a narrowly tailored measure meant to avoid penalizing landowners for voluntary security-related improvements.
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