Monday, October 19, 2015

2015 Texas Constitutional Amendments

Resolutions proposing changes to the state constitution must be approved by at least two-thirds of the members of both the Texas House and the Texas Senate. Texas voters then have the opportunity to approve the amendments with a majority vote. The following identifies proposed amendments to the Texas Constitution to appear on the November 3 ballot. This article on constitutional amendment resolutions approved by the 84th Texas Legislature was originally published when the 84th Legislature adjourned on June 1, 2015, and was updated on June 17, 2015 when the Texas Secretary of State published the proposition order for the constitutional amendment ballot:

Proposition 1 (SJR 1)

SJR1 approves a constitutional amendment increasing the amount of the residence homestead exemption from ad valorem taxation for public school purposes from $15,000 to $25,000 beginning January 1, 2015. SJR1 provides for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for those purposes on the homestead of an elderly or disabled person. For a person 65 or older or a disabled person, the proposed amendment would also grant an additional $10,000 exemption.the amendment would require the state to offset any school property tax revenue losses resulting from the additional homestead exemption amount the legislative budget board estimates this would be over $1.2 billion for 2015-2016.
Ballot Proposition For/Against: "The constitutional amendment increasing the amount of the residence homestead exemption from ad valorem taxation for public school purposes from $15,000 to $25,000, providing for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for those purposes on the homestead of an elderly or disabled person to reflect the increased exemption amount, authorizing the legislature to prohibit a political subdivision that has adopted an optional residence homestead exemption from ad valorem taxation from reducing the amount of or repealing the exemption, and prohibiting the enactment of a law that imposes a transfer tax on a transaction that conveys fee simple title to real property." 
Many home owners will see little reduction in their property taxes as this is only a minor increase in their homestead exemption. It is estimated that the average homeowner will receive $126 in annual tax saving. Home owners will see little, if any, increase in tax savings if appraisals increase. This amendment would increase the state share of education funding, but would not actually increase school funding.

According to the Center for Public Policy Priorities, in the current two-year budget cycle, Texas schools would lose $1.2 billion. That’s after the legislature failed to restore funding to 2011 levels when the school budget was severely slashed. This amendment to the state constitution would replace that $1.2 billion from the general fund, by shorting of other state services.

The legislative budget board estimates that over five years a sales tax cut could create more than 42,000 jobs and spark $5.2 billion more in GDP growth than an equivalent increase in the homestead exemption. A sales tax reduction would be better for the Texas economy than an increase in the homestead exemption.

Ballot Proposition For/Against: SJR1 was filed with the Texas Secretary of State on June 1, 2015

Proposition 2 (HJR 75)

HJR75 approves a constitutional amendment authorizing the legislature to provide 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 100 percent or totally disabled veteran who died before the law authorizing a residence homestead exemption for such a veteran took effect.

This amendment to article 8 of the constitution, in conjunction with its enabling legislation HB992, would extend the current homestead property tax exemption to include the surviving spouse of a totally disabled veteran who died on or before January 1, 2010, and who would have qualified for the full exemption on the homestead’s entire value if it had been available at that time. In 2011, voters approved a constitutional amendment to allow surviving spouses and totally disabled veterans an exemption from property taxation on all or part of the market value of the disabled veteran’s residence homestead, as long as the surviving spouse had not remarried. The amendment passed in 2011 did not apply to surviving spouses of veterans who died before January 1, 2010. Proposition 2 extends the homestead exemption to include these spouses. 
Ballot Proposition For/Against: "The constitutional amendment authorizing the legislature to provide 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 100 percent or totally disabled veteran who died before the law authorizing a residence homestead exemption for such a veteran took effect." 
HJR75 was filed with the Texas Secretary of State on May 28, 2015.

Proposition 3 (SJR 52)

SJR52 approves a constitutional amendment repealing the requirement that state officers elected by voters statewide reside in the state capital. When the Texas Constitution was initially adopted in 1876, Article 4, Section 23 required the comptroller of public accounts, commissioner of the general land office, the attorney general, and any statutory state officer who was elected statewide to reside at the state capital during their terms of office. Proposition 3 would amend the constitution by removing the requirement.
Ballot Proposition For/Against: "The constitutional amendment repealing the requirement that state officers elected by voters statewide reside in the state capital." 
Modern transportation and technology has made it easier for state officials to conduct business from home, but such is not appropriate for some state public officials who should be available to constituents, staff, and other state leaders at any time during the work day. Living away from Austin creates hardships on those who need to consult in person with the state officeholder. Being physically present in Austin ensures these officials are available to handle the important business of the state and not worry about when or how they can travel to Austin. It also means their staff members have better supervision.

SJR52 was filed with the Texas Secretary of State on May 29, 2015.

Proposition 4 (HJR 73)

HJR73 approves a constitutional amendment authorizing the legislature to permit professional sports team charitable foundations to conduct charitable raffles. Article 3, Sec. 47 of the Texas Constitution, prohibits lotteries and gift enterprises, with a few exceptions. One exception is an amendment adopted in 1989 that permits charitable raffles conducted by a qualified religious society, a volunteer fire department, a volunteer emergency medical service or a non-profit organization. Proposition 4 proposes an amendment to Article 3, Sec. 47 of the Texas Constitution to include another exception allowing professional sports team charitable foundations to conduct charitable raffles under the terms and conditions imposed by the law. These raffles could only be conducted at games hosted at the home venue of the professional sports team associated with the charitable foundation.
Ballot Proposition For/Against: "The constitutional amendment authorizing the legislature to permit professional sports team charitable foundations to conduct charitable raffles." 
This proposition could lead to forms of gambling more serious than charitable raffles. With every amendment to the constitution, new ways are found to push the limits of what is allowed under the law it authorizes. Opening the constitution to even more interpretation and flexibility could allow the enactment of future legislation that was never intended by the proposal, such as electronic raffles at bingo halls and race tracks. Proposition 4 differs from the amendment adopted in 1989 in that it does not specify that all proceeds from the sale of raffle tickets be spent for charitable purposes and allows for proceeds to be used for operating expenses. This could lead to a misappropriation of funds and ultimately, less funds being ear-marked for charitable foundations and causes.

HJR73 was filed with the Texas Secretary of State on May 12, 2015.

Proposition 5 (SJR 17)

SJR17 approves a constitutional amendment relating to private road work by certain counties. A county with a population of 7,500 [5,000] or less, according to the most recent federal census, may construct and maintain private roads if it imposes a reasonable charge for the work. The Legislature by general law may limit this authority. Revenue received from private road work may be used only for the construction, including right-of-way acquisition, or maintenance of public roads. An amendment to the Texas Constitution was adopted in 1980, giving rural counties with less than 5,000 inhabitants the right to construct and maintain private roads if the county imposes a reasonable charge for the work. Proposition 5 would amend Article 3, sec. 52F of the Texas Constitution to increase the statutory population cap to 7,500. It would update the constitution to reflect the population growth in Texas counties over the past 35 years and include an additional 21 counties.
Ballot Proposition For/Against: "The constitutional amendment to authorize counties with a population of 7,500 or less to perform private road construction and maintenance." 
Smaller population counties with smaller tax bases rely on this provision to maintain roads, make them passable and improve mobility. In small counties there are rarely private contractors available, so private roads are often poorly maintained, creating safety hazards for citizens and emergency services. The population cap was enacted to prevent all counties in the state from competing with private industry; in the counties covered by Proposition 5, however, there is very little if any competition from private industries. Private landowners would have more flexibility to update poorly maintained roads. They would still be able to hire a private company instead of the county if they chose to do so.

SJR17 was filed with the Texas Secretary of State on May 26, 2015.

Proposition 6 (SJR 22)

SJR22 approves a constitutional amendment relating to the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing. The proposed amendment is not intended to affect existing laws relating to trespass, property rights, eminent domain, and municipalities’ right to prevent hunters from using their guns to hunt in populated areas. Proposition 6 would change the constitutional wording to endorse hunting and fishing as the preferred method for managing and controlling fish and wildlife populations.
Proposition For/Against: "The constitutional amendment recognizing the right of the people to hunt, fish, and harvest wildlife subject to laws that promote wildlife conservation." 
 Hunting and fishing are very popular sports in Texas, and many Texans feel the need to protect their right to hunt and fish. Proposition 6 would ensure that no laws could be made to take away that right without another amendment proposed by the legislature and voted on by Texans. Revenue from hunting and fishing helps support rural communities and ranch and farm families.  Licenses for hunting and fishing provide revenue for wildlife conservation projects by the Texas Parks and wildlife department. One method of controlling the over population of wildlife such as deer is through hunting.

SJR22 was filed with the Texas Secretary of State on May 21, 2015.

Proposition 7 (SJR 5)

SJR5 approves a constitutional amendment to dedicate to the state highway fund a portion of state revenues derived from state sales and use taxes in addition to a tax imposed on the sale, use, or rental of motor vehicles. With this proposition the 84th Texas Legislature funnels a little, but not nearly enough, additional money toward building and maintaining Texas roads and highways with a constitutional amendment.

If approved by voters in the November 2015 Constitutional Amendment Election, the measure would divert $2.5 billion in sales taxes revenue to a road and highway fund beginning in 2017. Then, in 2019, an additional 35 percent of all vehicle sales tax revenue above $5 billion annually would begin in 2020 going to road building and transportation maintenance. Texans pay a 6.25 percent state sales tax on automobiles. As it stands, all of the vehicle sales tax collected, about $4 billion annually, goes into the state's all-purpose general revenue fund.
Ballot Proposition For/Against: "The constitutional amendment dedicating certain sales and use tax revenue and motor vehicle sales, use, and rental tax revenue to the state highway fund to provide funding for non-tolled roads and the reduction of certain transportation-related debt."
The population of Texas is growing rapidly, at almost 1,000 new Texans per day, which is good for the economy. All these new Texans need safe roads, highways and bridges that have adequate capacity to carry the increasing traffic load. Investment in the Texas transportation system is vital to sustaining our quality of life and continuing the state’s strong economic position.

Proposition 7 provides a politically viable "conservative" approach to allocate a limited amount of funding Texas needs to maintain roadway congestion at current levels, but still depends on substantially increasing toll road miles to fund transportation infrastructure projects, given Texas' population and economic growth. Texas voters passed Proposition 1 in November 2014, which was a critical first step in providing funding for the transportation infrastructure in Texas, but it did not provide for all our transportation needs. Proposition 7 is a sustainable – though still not adequate – funding solution to our highway infrastructure needs.

SJR5 was filed with the Texas Secretary of State on June 1, 2015.

For more information about these ballot initiatives, visit sos.gov.

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