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CONSTITUTIONAL AMENDMENT ELECTION NOVEMBER 8, 2011
Dear Friends:
We have an important election in the very near future that many times grabs little attention: The Constitutional Amendment election.
You have entrusted to me the honor of representing you in the Texas House. Serving as your voice is a duty I take seriously. With your help, I've worked hard to live up to the responsibility you've entrusted to me. Now it's your turn to take the helm. By voting in the Constitutional Amendment election on November 8, 2011 (early voting is Oct. 24 - Nov. 4), you can directly impact the future of Texas.
Among the ten amendments on the ballot, the topics range from water conservation to criminal justice to local election laws. To help you make an informed decision, I've included below a short rundown of all ten amendments. These are neutral synopsis of the amendments. In case you want even more details, I've also included some useful website links that offer an even longer explanation.
In the past, I sent mailers about the Constitutional Amendments via the Post Office, but in an effort to save taxpayer's dollars, I will only be sending this out by email. Please forward this information to others, or contact my office and we will forward the info. We will also have available hard copies to mail or pick up if someone you know doesn't have email.
Texas has some big challenges that will only get solved if we work together. So please stay informed and vote on or before November 8.
Again, thank you for allowing me to serve you.
For liberty,
Proposition Number 1 (SJR 14)
SJR 14 amends the constitution to authorize the legislature to provide the surviving spouse of a 100 percent or totally disabled veteran with an exemption from ad valorem (property tax) taxation of all or part of the market value of the surviving spouse’s residence homestead as long as the surviving spouse has not remarried, the property was the residence homestead of the surviving spouse when the qualifying veteran died, and the property remains the residence homestead of the surviving spouse.
The proposed amendment would appear on the ballot as follows: "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."
Proposition Number 2 (SJR 4)
SJR 4 amends the constitution to authorize the Texas Water Development Board to issue additional general obligation bonds on a continuing basis for one or more accounts of the Texas Water Development Fund II, with the restriction that the total amount of bonds outstanding at any time does not exceed $6 billion. These bonds, if approved, would fund local projects in Texas and would be self-supporting and not a detriment to the state budget. Bonds would not cost the state any money from the general revenue fund, and would not count toward the state's constitutional debt limit.
The proposed amendment would 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 $6 billion at any time outstanding.”
Proposition Number 3 (SJR 50)
SJR 50 amends the constitution to authorize the Texas Higher Education Coordinating Board or its successors to issue and sell general obligation bonds on a continuing basis for the purpose of financing educational loans for students, subject to certain constitutional restrictions, including a restriction as to the maximum principal amount of bonds outstanding at any one time. Bonds would be used to offer low-interest, fixed-rate loans, such as those offered under the Hinson-Hazelwood program, which helps Texas students when federally subsidized or federally insured loans are insufficient or are not available.
The proposed amendment would appear on the ballot as follows: "The constitutional amendment providing for the issuance of general obligation bonds of the State of Texas to finance educational loans to students.”
Proposition Number 4 (HJR 63)
HJR 63 would amend the constitution to authorize the legislature to permit a county to issue bonds or notes to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area within the county, and to pledge increases in ad valorem tax revenues imposed on property in the area by the county for repayment of such bonds or notes. The amendment does not provide independent authority for increasing ad valorem tax rates. Cities and towns already have the ability to finance needed public improvements in areas that are deteriorating or unproductive and designated as reinvestment zones. This amendment would give counties that same option.
The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the legislature to permit a county to issue bonds or notes to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area and to pledge for repayment of the bonds or notes increases in ad valorem taxes imposed by the county on property in the area. The amendment does not provide authority for increasing ad valorem tax rates."
Proposition Number 5 (SJR 26)
SJR 26 amends the constitution to authorize the legislature to allow cities and counties to enter into interlocal contracts with other cities and counties without having to assess an ad valorem tax and set aside a specified amount of funds for the payment of costs under the interlocal contract. Supporters feel that by allowing a local government to enter into a contract with a term of more than one year without having to impose a tax or create a sinking fund, Texans would see more government efficiency by allowing for local consolidation of programs, services, and projects.
The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund."
Proposition Number 6 (HJR 109)
HJR 109 amends the constitution to increase the amount of principal that is available for withdrawal from the permanent school fund each year. It would clarify certain references to that fund in the constitution, to avoid any confusion in the law. This amendment gives the authority to consider alternative market calculations when determining the amount of principal that is available for distribution to the available school fund. It would also provide authority to distribute to the available school fund annual revenue from school fund land or other properties up to $300 million per year. Supporters feel that allowing the General Land Office to distribute the funds directly to the available school fund makes sense and would provide transparency with respect to the distributions by the General Land Office.
The proposed amendment would appear on the ballot as follows: "The constitutional amendment clarifying references to the permanent school fund, allowing the General Land Office to distribute revenue from permanent school fund land or other properties to the available school fund to provide additional funding for public education, and providing for an increase in the market value of the permanent school fund for the purpose of allowing increased distributions from the available school fund."
Proposition Number 7 (SJR 28)
SJR 28 would amend the constitution by adding El Paso County to the list of counties authorized to create conservation and reclamation districts to develop parks and recreational facilities financed by taxes. The amendment would not raise taxes or automatically create a regional parks district, but rather would provide an opportunity for El Paso voters to decide whether such a district should be created and be allowed to issue bonds payable from property taxes.
The proposed amendment would appear on the ballot as follows: "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."
Proposition Number 8 (SJR 16)
SJR 16 would amend the constitution by requiring the legislature to provide for taxation of open space land devoted to water stewardship purposes on the basis of its productive capacity. Active conservation will account for more and more of the state's future water supply, so this plan endorses voluntary water stewardship as a water conservation strategy. Promoting voluntary water stewardship is a new tool to advance water conservation in a tough budget cycle and is revenue neutral because it is eligible only to landowners who would already be receiving the agricultural-use property valuation (exemption).
The proposed amendment would appear on the ballot as follows: "The constitutional amendment providing for the appraisal for ad valorem tax purposes of open-space land devoted to water-stewardship purposes on the basis of its productive capacity."
Proposition Number 9 (SJR 9)
SJR 9 amends the constitution to authorize the governor, on the written recommendation and advice of the Board of Pardons and Paroles, to grant a pardon, reprieve, or commutation of punishment to a person who successfully completes a term of deferred adjudication community supervision. Under current law, a person who is convicted of a violent crime may receive a pardon while a person who is charged with a nonviolent crime and is placed on and successfully completes a term of deferred adjudication community supervision is not allowed even to seek a pardon. This amendment gives the same opportunity to a person who successfully completes a term of deferred adjudication community supervision.
The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision."
Proposition Number 10 (SJR 37)
SJR 37 would amend the constitution by extending the length of the unexpired term that causes the automatic resignation of certain local elected officeholders if they announce candidacy or become candidates for another office from one year to one year and 30 days. Because Federal law forced Texas to change the filing deadline from January 2 of the primary election year to the second Monday in December of the preceding year, a conforming change to the constitutional resign-to-run provision is necessary. Without such change, any officeholder subject to the resign-to-run provision who files to run for another office on the primary election ballot would automatically resign because that officeholder would have at least one year remaining before the officeholder's current term of office would expire. By extending by 30 days the length of the unexpired term that triggers automatic resignation, the amendment retains the provision's intended purpose and would allow for the continued public service of local officials by allowing them to remain in their current post until their current term expires if they have less than one year and 30 days left in the term and bring their experience in public office to other elected positions.
The proposed amendment would appear on the ballot as follows: "The constitutional amendment to change the length of the unexpired term that causes the automatic resignation of certain elected county or district officeholders if they become candidates for another office.
More analysis of the Proposed Constitutional Amendments on the web:
http://www.tlc.state.tx.us/pubsconamend/analyses11/analyses11_condensed.pdf
http://www.tlc.state.tx.us/pubsconamend/analyses11/analyses11.pdf
http://www.hro.house.state.tx.us/pdf/focus/amend82.pdf
http://www.votexas.org/exp-statements-2011.html
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