Boring (But Important) Amendments to the Texas Constitution

The 6500 word United States Constitution has 27 amendments while the 93000 word Texas Constitution has 440 amendments.

Apparently it takes a whole lot more words to govern Texas than it does to govern our nation and on November 6 you will have the opportunity to add more words to our state’s constitution.

During this year’s regular legislative session the 80th Texas Legislature by a two-thirds vote of the Texas Senate and a two-thirds vote of the Texas House of Representatives passed 17 joint resolutions proposing constitutional amendments.  On May 12 voters approved an amendment extending a property tax reduction to senior and disabled voters whose taxes were frozen.  Early voting on the 16 remaining proposed amendments begins October 22.

The amendment process has resulted in a 200-page state constitution "so confusing that only a lawyer can understand it" as political cartoonist Ben Sargent observed. Confusing ballot language contributes to traditionally low voter turnout.  The constitutional amendment election of 2005 for example attracted only 18 percent of Texans who were eligible to vote. 

Propositions and brief statements explaining the amendments are published in newspapers and posted in county courthouses prior to the election.  Demands on our professional and personal lives often make it difficult for us to find the time to read official notices and/or make a trip to our local courthouses.  To help voters make informed decisions and hopefully improve voter turnout this column begins a series on the amendments which will include wording explanations and opposing views.

The first proposed amendment provides 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.

This year the 80th Legislature passed House Bill 3564 which transfers Angelo State University from the Texas State University System to the Texas Tech University System.  The proposed amendment is needed to ensure that previously allocated constitutional appropriations to Angelo State University will follow the transfer and university funding will continue without interruption.  Although there are no arguments against the proposed amendment there was some opposition to the transfer. 

Amendment two provides for the issuance of $500 million in general obligation bonds to finance educational loans to students.  In addition it authorizes bond enhance agreements with respect to general obligation bonds issued for that purpose.

Supporters believe the bonds are essential to meet the growing demand for students loans especially as tuition and fees continue to increase.  Opponents warn that the state should be wary of adding to its debt since a sudden increase in student loan default rates could require taxpayers to foot part of the bill to repay the bonds.

A complete analysis of each amendment is available on the Texas Legislative Council’s Web site: www.tlc.state.tx.us.