Information for making informed decisions
By State Rep. Raul Torres
Texas Insider Report: AUSTIN Texas On Tuesday
November 8 voters will decide on 10 Amendments to the Texas Constitution. Unlike the U. S. Constitution our Texas Constitution is a very long and detailed document. Voters are often called upon to make changes to the Texas Constitution and have approved more than 450 changes since its original adoption in 1876.
These amendments will be on the ballot on the same day that we will elect our mayor controller city council members and school board members.
Proposed constitutional amendments go to the voters if they are first approved by 2/3rds of the members of both the Texas House and the Texas Senate. The governor cannot veto a constitutional amendment. That right is left to the voters of the state.
Most of the propositions on this years ballot are relatively non-controversial but that doesnt mean they are not important. For example Propositions 2 and 3 would authorize the issuance of additional state bonds for water development loans to local government agencies and for student loans.
And Proposition 9 would allow the governor to grant pardons to a category of accused persons who currently are denied that opportunity.
In the next two releases of our District 33 Newsletter I will provided information for each of the remaining amendments. Each will come with a
summary of what the amendment does some arguments for and against its passage and the exact wording of the changes to the Constitution that each amendment would make.
I do not recommend how you should vote on these proposals but rather provide information so you can make informed decisions.
For a complete analysis for each bill please visit the following website:
http://www.hro.house.state.tx.us/pdf/focus/amend82.pdf.
This week I will discuss the first two of these proposed amendments.
Proposition 1 (SJR 14): Property Tax Exemption for the Surviving Spouse of a Disabled Veteran
The Ballot Reads: 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.
Summary: In 2007 Texas voters approved a constitutional amendment to allow for totally disabled veterans to receive a complete exemption from property taxes on their primary residence.
Proposition 1 extends the property tax exemption for the residential homestead of a totally disabled veteran to his/her surviving spouse upon the death of the disabled veteran if the following conditions are met:
- The property the disabled veteran resided at received a complete exemption in the prior tax year;
- The surviving spouse is over 55 years old and has not remarried; and
- The property remains the residential homestead of the surviving spouse.
Supporters Say: Current state law allows for a complete property tax exemption for disabled veterans but when the veteran dies their surviving spouse would be subject to full tax liability in the following year. A
surviving spouse can inherit existing property tax freezes for the elderly and disabled so this law will remain consistent with current constitutional provisions.
Opponents Say: The property tax exemption would lower property tax revenues to school districts and local governments slightly.
Proposition 2 (SJR 4): Provide the Texas Water Development Board Additional Bonding Authority
The Ballot Reads: 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.
Summary: Proposition 2 will allow for the Texas Water Development Board to issue $6 billion in bonds to provide for projects in the State Water Plan through the Texas Water Development Fund II. This constitutional amendment will evergreen the bonding authority instead of requiring constitutional authority for future bonds submitted to the voters when the bonds are paid-off.
As local governments repay their bond debts and retire the debt the Texas Water Development Board may re-issue additional bonds for future water projects up to an aggregate principal of $6 billion.
Supporters Say: This constitutional amendment will allow the TWDB additional bonding authority but also allow the agency to issue additional bonds to finance future projects as the state and local governments retire the existing debts without having to have a future bond election.
Opponents Say: This ballot proposition will expand the States debt by $6 billion at a time when the State is near its constitutional debt limit and concerns abound over increasing public debt.
Furthermore the Legislature and voters should periodically vote to approve additional bonding authority instead of allowing the TWDB the
ability to re-issue additional bonds without a vote of approval.
Representative Raul Torres serves House District 33 and was sworn into the Texas House of Representatives on January 11 2011. He is a member of the Appropriations Committee and House Committee on Insurance.
