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Front Page October 27, 2009  RSS feed

Texans to vote on Constitutional Amendments

by Vanessa Goodwyn

On November 3rd, Texas voters will have an opportunity to vote on eleven proposed amendments to the Texas State Constitution. The amendments address a wide variety of issues, and they are being brought to the voters primarily because of the nature of our constitution. While the U.S. Constitution is broad in scope, granting power unless specifically limited, the Texas constitution is a very "narrowly written" document. It contains many details and prohibitions. Example: It is currently a law of our constitution that you can't call out the militia under a Blue Moon (two full moons in one month) to fight Indians! The very format of this constitution, therefore, requires more constitutional amendments and greater public involvement. While the U.S. Constitution has had 27 amendments (changes) since 1787, the constitution of Texas has had 456 amendments since its adoption in 1876.

In order for a proposition for any amendment to be brought before the voters, it had to have a 2/3 vote of the State Senate and House, so the propositions before you are not frivilous or casual suggestions.

If you are interested in more in-depth study, the House of Representatives website (www.house.state. tx.us) and, specifically, the House Research Organization offers the HRO site's "Focus Report on the Amendments Proposed" which gives the background of each proposition, a summary of it, what supporters say and what opponents say about it.

Representative Jim Dunnam's officeprovided the following brief explanation of the decisions voters will face at the polls on November 3.

* * * * * * *

- Proposition 11 is one of the most significant amendments on the ballot because it contains a major change to the controversial practice of eminent domain. Proposition 11 would limit eminent domain by prohibiting the taking of property for the primary purpose of economic development or the enhancement of tax revenues. It would add a key protection of private property to the Texas constitution. - Propositions 2, 3, and 5 offer three important changes to the property tax appraisals als process, which many Texans find confusing and unfair. They result from hearings across the state at which home- and business-owners alike demanded tax appraisal reform. These changes were overwhelming supported in the Legislature by both parties as necessary improvements to the current system. - Proposition 2 would require homestead property taxes to based on a property's value as a residence - not a commercial property. By requiring values based on 'actual use' rather than 'best use,' homes would be appraised based on their current value - not on what they would be worth as an office or business. Proponents claim Proposition 2 protects against inflated residential property tax appraisals, while opponents worry that it will lower local tax revenue. - Proposition 3 would allow the state to create uniform property tax appraisal standards and procedures - currently set by counties and widely varied across Texas. Proponents claim that property should be appraised equitably in the state, while opponents argue that county appraisal district should continue to set local procedure.

- Proposition 5 would allow two or more adjoining appraisal districts to form a single appraisal review board. Smaller counties may decide to consolidate to increase the speed and efficiency of the appraisal review process. Proponents believe Proposition 5 will streamline appraisal district appeals, especially in rural areas; opponents worry that it will reduce local control. - Propositions 6 and 8 tackle another important topic: services to the approximately 1.7 million veterans living in Texas. Legislators voted unanimously in support of these changes, which attempt to streamline and improve veterans' services across the state. - Proposition 6 would grant the Veterans' Land Board increased bonding authority to continue financing land purchases and home mortgages for Texas veterans at lower-than-market rates. If approved, the VLB would no longer have to seek voter approval to access funds for veterans' benefits. - Proposition 8 would authorize the state to contribute to veterans’ hospitals in Texas. If approved, the state could work with the U.S. Department of Veteran Affairs to establish more veterans' hospitals in Texas, possibly in the Rio Grande Valley region. - Proposition 4 results from the conclusion in the Legislature that students would benefit from the expansion of the top-tier university system in Texas. Currently, many highachieving students are opting to attend private or out-ofstate universities due to the relatively few elite public universities in the state. Proposition 4 would establish the National Research University Fund (NRUF) to assist the state in the development of public universities into national research universities. The NRUF would be funded by transfers from the longdormant permanent Higher Education Fund (HEF) endowment and would not affect the current state budget. Proponents hope that that Proposition 4 will increase the focus on expanding the number of top-tier universities in Texas beyond UT and A&M.

Propositions 1, 7, 9, and 10 deal with relatively minor changes to the Texas constitution.

- Proposition 1 would allow cities and counties to buy land around military institutions. It is motivated by residential and commercial growth around military bases like San Antonio's Camp Bullis, where new homes and schools threaten the base's ability to perform its duties.

- Proposition 7 would allow members of state military forces, such as the Texas State Guard, to an additional paid civil office.

- Proposition 9 would expand the Texas constitution to include the right to use and access public beaches. It would not change current practices as it is already a state law.

- Proposition 10 would allow members of a governing board of an emergency services district to serve terms of up to four years, rather than two.