Guide to the 2007 Texas Constitutional Amendment election

Ballot language for the November constitutional amendment elections. Sources for information provided below includes info from about.com, Texas Insider's Fresh Ink, Rep Hochberg.

Proposition 1 - HJR 103: "The constitutional amendment providing for the continuation of the constitutional appropriation for facilities and other capital items at Angelo State University on a change in the governance of the university."

What it does: This amendment updates the constitution to reflect that Angelo State University, once a part of the Texas State University System, is now part of the Texas Tech University System. Technical change. Recommendation: YES.

Proposition 2 - SJR 57: "The constitutional amendment providing for the issuance of $500 million in general obligation bonds to finance educational loans to students and authorizing bond enhancement agreements with respect to general obligation bonds issued for that purpose."

What it does: This amendment would allow the state to issue $500 million in bonds to finance education loans for college and university students. Authorizes debt-financed spending of money for a non-capital purpose, which is ill-advised. Recommendation: NO.

Proposition 3 - HJR 40: "The constitutional amendment authorizing the legislature to provide that the maximum appraised value of a residence homestead for ad valorem taxation is limited to the lesser of the most recent market value of the residence homestead as determined by the appraisal entity or 110 percent, or a greater percentage, of the appraised value of the residence homestead for the preceding tax year."

What it does: Clarifying that the appraised value of a homestead for property taxes cannot increase by more than 10% in any year, even if more than a year has passed since the home was last appraised. Technical change. Recommendation: YES.

Proposition 4 - SJR 65: "The constitutional amendment authorizing the issuance of up to $1 billion in bonds payable from the general revenues of the state for maintenance, improvement, repair, and construction projects and for the purchase of needed equipment."

What it does: This proposition would authorize the state to issue $1 billion in bonds for needed equipment and construction projects for state agencies including Texas Parks and Wildlife Department, Texas Department of Public Safety, Texas Youth Commission, and Department of State Health Services. Authorizes debt-financed spending of money for a mixed capital and non-capital purpose. Recommendation: NO.

Proposition 5 - SJR 44: "The constitutional amendment authorizing the legislature to permit the voters of a municipality having a population of less than 10,000 to authorize the governing body of the municipality to enter into an agreement with an owner of real property in or adjacent to an area in the municipality that has been approved for funding under certain programs administered by the Texas Department of Agriculture under which the parties agree that all ad valorem taxes imposed on the owner's property may not be increased for the first five tax years after the tax year in which the agreement is entered into."

What it does: This amendment would authorize the Legislature to allow a city with a population under 10,000 to hold an election to freeze the property taxes for properties within or near areas designated for redevelopment under the Downtown Revitalization Program or the Main Street Improvements Program administered by the Texas Department of Agriculture. Since the actual language is quite specific, it begs the question of which if any specific town this was written for. Recommendation: YES.

Proposition 6 - HJR 54: "The constitutional amendment authorizing the legislature to exempt from ad valorem taxation one motor vehicle owned by an individual and used in the course of the owner's occupation or profession and also for personal activities of the owner."

What it does: This proposition would authorize the Legislature by general law to exempt from ad valorem taxation one car owned by an individual that was used in the individual’s occupation or profession and also used for personal activities that did not involve the production of income. Recommendation: YES.

Proposition 7 - HJR 30: "The constitutional amendment to allow governmental entities to sell property acquired through eminent domain back to the previous owners at the price the entities paid to acquire the property."

What it does: This amendment allows property that was sold to the government through eminent domain to be bought back by the seller at the original sales price if the government does not use the property. Technical change. Recommendation: YES.

Proposition 8 - HJR 72: "The constitutional amendment to clarify certain provisions relating to the making of a home equity loan and use of home equity loan proceeds."

What it does: This amendment adds clarification and more precise language to existing provisions for home equity loans. Among the changes are a provision for a second home equity loan on the same property sooner than one year after the first home equity loan in the event of a declared state of emergency, such as a natural disaster. Technical change. Recommendation: YES.

Proposition 9 - SJR 29: "The constitutional amendment authorizing the legislature to exempt all or part of the residence homesteads of certain totally disabled veterans from ad valorem taxation and authorizing a change in the manner of determining the amount of the existing exemption from ad valorem taxation to which a disabled veteran is entitled."

What it does: With this amendment, a disabled veteran with a service-connected disability with a disability rating of 100 percent or totally disabled may be exempted from ad valorem taxation of all or part of the market value of their residence homestead. It also adds some clarifications regarding exemptions for disabled veterans with less than 100 percent disability. Technical change. Recommendation: YES.

Proposition 10 - HJR 69: "The constitutional amendment to abolish the constitutional authority for the office of inspector of hides and animals."

What it does: This amendment cleans up the wording of the constitution to remove references to the former office of Inspector of Hides and Animals. Technical change. Recommendation: YES.

Proposition 11 - HJR 19: "The constitutional amendment to require that a record vote be taken by a house of the legislature on final passage of any bill, other than certain local bills, of a resolution proposing or ratifying a constitutional amendment, or of any other nonceremonial resolution, and to provide for public access on the Internet to those record votes."

What it does: This proposition would require a vote taken in either house of the Legislature to be by record vote if the vote was on final passage of a bill or any other measure other than a resolution of a purely ceremonial or honorary nature. Open Government. Recommendation: YES.

Proposition 12 - SJR 64: "The constitutional amendment providing for the issuance of general obligation bonds by the Texas Transportation Commission in an amount not to exceed $5 billion to provide funding for highway improvement projects."

What it does: Proceeds from the sale of bonds authorized by this amendment can be used to pay for authorized highway improvement projects, costs associated with issuing the bonds, and making payments on related credit agreements. Recommendation: NO. See op-ed.


Proposition 13 - HJR 6: "The constitutional amendment authorizing the denial of bail to a person who violates certain court orders or conditions of release in a felony or family violence case."

What it does: Allows judges to deny bail to defendents in family violence cases who violate certain conditions of their initial release on bail. Gives judges flexibility in denying bail. This was put forth after a domestic violence case where a man violated bail conditions and ended up killing his wife; while this could be abused, it would be hard to deny giving judge's discretion when needed to deny bail. Recommendation: YES.

Proposition 14 - HJR 36: "The constitutional amendment permitting a justice or judge who reaches the mandatory retirement age while in office to serve the remainder of the justice's or judge's current term."

What it does: This proposition would allow judges who had reached the mandatory age of retirement (75 years old) during their termo of office to finish their terms. If an elected state justice or judge reaches mandatory retirement age during the first four years of the 6 year term to which they were elected, the expiration of that term would be on December 31 of the fourth year of the term. This is being done for the sake of one State Judge who doesn't deserve to have his stay in office extended. Recommendation: NO.

Proposition 15 - HJR 90: "The constitutional amendment requiring the creation of the Cancer Prevention and Research Institute of Texas and authorizing the issuance of up to $3 billion in bonds payable from the general revenues of the state for research in Texas to find the causes of and cures for cancer."

What it does: This proposition would establish the Cancer Prevention and Research Institute of Texas and authorize the issuance of $3 million in bonds to fund research on all forms of human cancer. Recommendation: NO. See opinion.

Proposition 16 - SJR 20: "The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $250 million to provide assistance to economically distressed areas."

What it does: This authorizes the state to issue $250 million in bonds to help meet the water and wastewater infrastructure needs in economically distressed areas. Recommendation: No.

UPDATE: 10/23/07 - Updated Prop 14 and prop 16 to "No" after further review.