14 Proposed Constitutional Amendments
14 Proposed Constitutional Amendments
State of Texas - Election Day 11/7/2023
Greetings all,
Yes, Texas has 14 constitutional amendments on the November 7th ballot. It’s not usually commonly known, so please help spread the word.
Or if you paid attention to the legislative session, you may be thinking, “I thought that already passed.” It can be a little confusing in that the House and Senate did pass a bill (on each one) and, even if the governor signs the bill, no amendment takes effect until and unless the voters approve them.
It is expected that Proposition 4 will pass because that’s the property tax relief bill, and most people do want property tax relief. Not too many taxpayers vote against lower taxes.
A few things to know first:
-The legislature passed the largest Texas budget ever. Ever.
-It was increased 25% from $250 billion to $300 billion. Legislators don't like to bust the budget, as it is politically unpopular in Texas to be seen as a spendthrift with taxpayer dollars. One way they can exceed the spending cap is that any spending authorized by a state constitutional amendment is NOT considered in calculating the constitutional spending growth cap. This allows the legislators to spend taxpayer dollars far in excess of the current-allowable maximum (currently 12%). This is how the legislature busts through the allowed increase without a lot of public knowledge.
-While the maximum budget increase this legislative session was supposed to be 12%, our representatives found a way (constitutional amendment loophole?) to make it 25%.
-Even the amendments that show $0 actually have a publishing cost of over $204,000 according to TLC.
Now, to the nitty gritty…
Each amendment is quoted below and in ballot order, and I’ve shared some information to help you decide if you want your tax dollars to help pay for that amendment. Some deciding factors - questions you might want to ask yourself about each amendment - might be:
-Does that amendment appear to favor one special interest or industry?
-Who supports or opposes the amendment? Who and what does that organization represent?
-Money not spent is your tax dollars saved, and it’s money available for property tax relief next session.
-Do YOU choose to pay more taxes for this particular item?
-If these were valid, important expenses, why were they not included in the budget and weighed against other priorities?
Considering Ronald Reagan’s quote, “Government is not the solution to our problem; government is the problem,” an overarching question might be: Does the amendment expanding government’s role in supposedly solving a problem?
1. From the Secretary of State, amendments as presented on the ballot:
Proposition 1 – HJR 126 "The constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management."
Ellen’s thoughts: While there is no immediate danger here in Texas, we are seeing farms and ranches being acted against and run out of business or bought out for purposes other than farming and ranching. I will vote Yes on this one. I am willing to spend my tax dollars to protect our food sources and our farm and ranch businesses and personnel.
Taxpayer cost: $0 (Publishing cost $204,000+)
In favor: Many Ag organizations, many representatives, TX Ag Comm Sid Miller, True Texas Project (TTP), Texans for Fiscal Resp (TFR)
Against: Farm and Ranch Freedom Alliance, and Humane Society
Proposition 2 – SJR 64 "The constitutional amendment 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."
Ellen’s thoughts: I will vote No on this one. For me, this falls into the special interest category and benefits only one industry. Day cares are businesses like any other and must charge a price commensurate with their services. I’m guessing Methodist is in favor because they provide child care and would qualify for those tax cuts.
Taxpayer cost: $TBD
In favor: Methodist Healthcare Ministries, Texas Restaurant Assoc, St Sen Royce West (D)
Against: True Texas Project, Texans for Fiscal Responsibility
Proposition 3 – HJR 132 "The constitutional amendment 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."
Ellen’s thoughts: I will vote Yes to prohibit a ‘wealth tax’. A "wealth tax" is a tax on an individual's net wealth or assets, rather than their income. Paying tax on money you don’t really have? Not me. More details here.
Taxpayer cost: $TBD
In favor: TFR, TTP, all Representative legislators voted yes
Against: Texas American Federation of Teachers
Proposition 4 – HJR 2 from the second special session "The constitutional amendment to authorize the legislature to establish a temporary limit on the maximum appraised value of real property other than a residence homestead for ad valorem tax purposes; 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; to adjust the amount of the limitation on school district ad valorem taxes imposed on the residence homesteads of the elderly or disabled to reflect increases in certain exemption amounts; to except certain appropriations to pay for ad valorem tax relief from the constitutional limitation on the rate of growth of appropriations; and to authorize the legislature to provide for a four-year term of office for a member of the board of directors of certain appraisal districts."
Ellen’s thoughts: I will vote Yes to lower property taxes. We do need to continue fighting this battle. The legislature kept several more billion and increased their budget instead of using those taxpayer dollars for more property tax relief.
Taxpayer cost: $12B (from budget surplus) (This is property tax relief.)
In favor: TFR, TTP, many elected officials
Against: None known
Proposition 5 – HJR 3 "The constitutional amendment 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."
Ellen’s thoughts: I will vote No to giving money to this special interest. Four universities - Texas Tech University, the University of Houston, the University of North Texas and Texas State University - would qualify for the research endowment. Roughly $273 million would be set aside for 2024-25. Business groups supporting it - Why? That just indicates to me that the benefit is to ‘business groups’, not to benefit students…
Taxpayer cost: $273 million
In favor: Several business groups
Against: TFR, TTP
Proposition 6 – SJR 75 "The constitutional amendment creating the Texas water fund to assist in financing water projects in this state."
Ellen’s thoughts: I will vote No to giving money to this special interest also. The amendment does not give any details on the water projects or who the money would go to. Business groups in favor are likely to be beneficiaries thus, it seems like corporate welfare. Not specifying what the $1 billion would be spent on, especially when the legislators did not consider it necessary enough to go in the budget - too open-ended, no oversight.
Taxpayer cost: $1 Billion
In favor: Several business groups
Against: TTP
Proposition 7 – SJR 93 "The constitutional amendment providing for the creation of the Texas energy fund to support the construction, maintenance, modernization, and operation of electric generating facilities."
Ellen’s thoughts: $5 billion. $5 billion! This is another special interest group, and I will vote No. Again, legislators did not consider it necessary enough to go in the budget. Additionally, several much-needed bills to protect Texas’s grid were introduced, and the House would not address those.
Taxpayer cost: $5 Billion
In favor: Several energy and manufacturing groups
Against: TFR, TTP, Oneok, Inc, Consumer / Energy / Environmental groups
Proposition 8 – HJR 125 "The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects."
Ellen’s thoughts: These phone/internet companies that would benefit from this $1.5 billion are not in need of my tax dollars. My vote will be No. Special interest - again. And why not in the budget if it were truly needed?
Taxpayer cost: $1.5 Billion
In favor: AT&T, Comcast, T-Mobile, Verizon, more
Against: TFR, TTP, Texas for Liberty
Proposition 9 – HJR 2, regular session "The constitutional amendment authorizing the 88th Legislature to provide a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas."
Ellen’s thoughts: I love teachers! I wonder why this expense was NOT included in the $300 billion budget? I wonder if it falls under an expense the legislators are using in the category of loophole to not bust the budget? But they think taxpayers will pass it and their $300 billion can go for whatever they chose to put in the actual budget instead? Tough decision.
Taxpayer cost: $3.4 Billion
In favor: AFL-CIO, TASA, TASB, several teacher groups
(Who would dare say they oppose it out loud?)
Proposition 10 – SJR 87 "The constitutional amendment 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."
Ellen’s thoughts: These medical companies that would benefit from this $29 million are not in need of my tax dollars. My vote will be No. Again, special interest and legislators decided not to put it in the budget.
Taxpayer cost: $29 million
In favor: Medical business groups
Against: TFR, TTP
Proposition 11 – SJR 32 "The constitutional amendment 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."
Ellen’s thoughts: My vote will be No. Again, legislators decided not to put it in the budget. Appears El Paso Water would be the beneficiary.
Taxpayer cost: $0 (Unless you live in El Paso County) (Publishing cost of $204,000+ still applies.)
In favor: El Paso Water, Rep. Joseph Moody (D-78)
Against: TTP
Proposition 12 – HJR 134 "The constitutional amendment providing for the abolition of the office of county treasurer in Galveston County."
Ellen’s thoughts: My vote will be Yes. Our Texas Constitution does require this elected position, so that’s why an amendment is needed. The county treasurer is in favor and would be the person to know that he or she is not needed.
Taxpayer cost: $0
In favor: TFR, TTP, Galveston County Treasurer
Against: None known
Proposition 13 – HJR 107 "The constitutional amendment to increase the mandatory age of retirement for state justices and judges."
Ellen’s thoughts: My vote will be No. There is no reason for the retirement age of judges to be raised from 75 to 79 and good reasons to have a lower mandatory retirement age (currently 75).
Taxpayer cost: $TBD (raise retirement from 75 to 79)
In favor: Multiple lawyer groups
Against: TFR, TTP
Proposition 14 – SJR 74 "The constitutional amendment providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks."
Ellen’s thoughts: My vote will be No. Again, legislators decided it was not important enough to put in the budget. The state parks receive maintenance and improvement money already, and I am personally against the state obtaining more Texas land for more state parks. That would mean less land owned by taxpayers.
Taxpayer cost: $1 Billion
In favor: Environment Texas, Sierra Club Lone Star Chapter, Texans for State Parks, Texas Foundation for Conservation, Texas Travel Alliance
Against: TTP, TFR
Here’s the sample proposed amendments ballot.
Sample ballot for proposed amendments. Some voters will have more to vote on than the amendments.
Sources:
Texas Legislative Council, https://tlc.texas.gov/docs/amendments/analyses23.pdf (85 pages). The condensed version is 17 pages,
https://tlc.texas.gov/docs/amendments/analyses23_condensed.pdf
Ballotpedia - https://ballotpedia.org/Texas_2023_ballot_measures#On_the_ballot and
https://ballotpedia.org/Texas_2023_ballot_measures
https://conventionofstates.com/tx-2023conamend (non-partisan) This web page has all its sources plus multiple resources at the bottom. Very thorough!
https://ivoterguide.com/all-in-state/tx (Website says their voter guide will be complete by Oct 13, but I can't tell if it will include these amendments or the runoff races only.)
https://www.texaspolicy.com/wp-content/uploads/2023/09/2023-ConstitutionalAmendmentGuide.pdf
https://truetexasproject.com/nov2023-elections/ (conservative)
Need to Know: A Look at the Texas Constitution Amendment Propositions on the Ballot
https://www.reporterstatesman.com/articles/128/view
https://www.texastribune.org/2023/08/04/texas-legislature-child-care-budget/
VoteTexas.gov, https://www.votetexas.gov/get-involved/index.html
Until next time…
Please share your thoughts in the comments. Or email me, and let’s have a problem-solving conversation. I welcome ‘letters to the editor’ type emails and may publish yours. I hope we can create a caucus with positive, back-to-the-founders’-dream-for-America results. Have a topic you want to know more about?
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Thanks again for reading! I’m glad you’re here!
Thank you so much. This is great information for all those in Texas. I definitely didn't have this on my radar.