Explaining all 14 amendments on ballot for TX voters Nov. 7

Those propositions touch on issues as basic as water and electricity supply, as well as teacher retirement pay, state parks and higher education, as well as a couple of items that affect only individual counties but require constitutional amendments.

Here is a summary of the Tribune-Herald’s project to research and report on all 14 measures.

“The constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management.”

The “right to farm” amendment and related legislation that has already passed were championed by the Farm Bureau and other ag groups concerned about municipal regulations that could hurt farmers as metro areas expand.

The bill doesn’t prohibit municipalities from regulating agriculture, but forces them to show “clear and convincing” evidence of an imminent danger to public health and safety, with some exceptions. The measure applies to “generally accepted agriculture practices,” which are being defined in a manual created by the Texas A&M Agrilife Extension Service.

McLennan County Agrilife Extension Agent Shane McLellan and city of Waco officials agree that rural-urban conflicts have not been a major issue here. But the Cameron-based Farm and Ranch Freedom Alliance, representing independent producers, say the amendment is vague and overbroad, and could leave organic farmers without recourse if a neighbor’s operation contaminates their fields with pesticides or seeds.

“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.”

Carried by child welfare advocate Sen. Royce West, D-Dallas, the measure would allow cities and counties to offer a property tax exemption of at least 50% to licensed child care centers. 

“In an effort to hopefully drive down that cost of child care, we wanted to do what we could,” West told the Tribune-Herald.

According to a report from Children At Risk, Texas lost some 20% of its available child care capacity due to closures in 2020. Since then, pandemic-era money that kept many centers alive has dried up.

Only licensed centers whose enrollment includes at least 20% of children who are participating in the Texas Workforce Commission’s subsidy program, which gives child care scholarships to low-income families, would be eligible.

About 61 child care facilities in McLennan County might qualify for the tax break starting in January, according to the United Way of Waco-McLennan County. Some 57 in Brazos County are eligible.

“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.”

Texas has no income tax, much less a wealth tax, which is a levy based on the market value of assets owned, which could include real property — such as land, buildings, crops, equipment — and assets such as retirement accounts.

An analysis from the House Research Organization says several states have proposed wealth taxes, but Texas has not. Proposition 3 would go a long way toward ensuring it never does, short of an amendment to repeal it.

“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.”

Area school districts have already baked in a $100,000 homestead exemption into their 2023-24 budgets, assuming that voters will agree to a measure that will save them hundreds of dollars in taxes.

Proposition 4 was part of a bigger school funding package included in Senate Bill 2, taking advantage of the state’s $33 billion surplus to offset reductions in local property revenues.

The homestead exemption is expected to cost the state $5.6 billion every two years, Waco-based economist Ray Perryman said, who raised questions about the sustainability of the funding when surpluses dry up.

“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.”

The measure would beef up the state endowment for certain public universities outside the land-grant universities: The University of Texas and Texas A&M University. The endowment, now at nearly $1 billion, would get a $3 billion boost and would continue as a permanent revenue source, allowing them to expand research efforts.

Early beneficiaries would be Texas Tech University, the University of Houston, the University of North Texas and Texas State University, but the circle could be expanded.

In addition to the $3 billion contribution approved in the new state budget, the Texas University Fund will receive interest, investment income and other returns on the state’s rainy day fund, up to an initial annual cap of $100 million. The cap can increase as much as 2% each year to keep up with inflation.

“The constitutional amendment creating the Texas water fund to assist in financing water projects in this state.”

This bipartisan measure created by Senate Bill 30 would create a water project fund seeded with $1 billion in state funds and administered by the Texas Water Development Board.

At least 25% of the fund would be used for new water supply, such as new and expanded reservoirs, aquifer storage, desalination and wastewater reuse. Other portions would go to conservation efforts and projects to improve water distribution systems in rural areas, which are known for huge water losses.

A legislative analysis of Senate Joint Resolution 75, which put the amendment on the ballot, projects Texas will need an additional 7 million acre-feet of drinking water over the next 50 years, the equivalent of 37 Lake Wacos.

Close to home, Central Texas leaders say the funding could help create a regional water supply network for rural water suppliers east of Waco, allowing them to blend New Lake Mart water with their groundwater to reduce their arsenic levels to acceptable limits. In addition, it could be used for leaky pipes in small towns and possibly to expand Lake Aquilla for water supply in Hill County.

“The constitutional amendment providing for the creation of the Texas energy fund to support the construction, maintenance, modernization, and operation of electric generating facilities.”

The measure is designed to strengthen Texas’ vulnerable electric grid by creating a dedicated fund to incentivize upgrades and new construction of dispatchable energy generating facilities. With $5 billion authorized for the next two years, the fund would provide grants and loans for facilities able to provide power at any time — typically natural gas generators.

Opponents of the measure agree the grid needs to be strengthened but want more emphasis on renewable sources.

“The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.”

In a state where 7 million people lack high-speed broadband access, the proposed $1.5 billion fund could help close the digital divide, especially in rural areas, proponents say. The fund would be matched by federal funds through the Broadband, Equity, Access and Deployment Program.

The fund would be administered by the Comptroller’s Broadband Development Office, along with the Public Utility Commission.

“The goal is to have available and affordable high-speed internet service, and this is a means to help Texas fund that,” said Rep. Charles “Doc” Anderson, R-Waco, a longtime advocate for broadband expansion. “It also helps us reach more federal money when they see we’re up and running and getting things started.”

“The constitutional amendment authorizing the 88th Legislature to provide a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas.” 

Retired teachers have not had a cost-of-living adjustment since 2004. That means they have lost 34% of their purchasing power since then, according to the Texas Retired Teachers Association.

This measure would transfer some $3.3 billion to the Teacher Retirement System of Texas trust fund for adjustments between 2% and 6% for the roughly 475,000 retired Texas teachers and school employees, depending on their retirement date.

“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.”

Proposition 10 is intended to make Texas attractive as a place to make medical products by scrapping local property taxes on inventory and equipment involved with medical manufacturing.

State Sen. Joan Huffman, R-Houston, who authored the enabling legislation, said Texas is at a competitive disadvantage because no other state has such a tax.

The amendment would reduce the tax paid by about 17 companies in McLennan County, saving them some $100,700 in inventory tax, McLennan Central Appraisal District officials said.

Texas Representative Brian Harrison, R-Ellis County, voted against the measure in the House because he thinks it doesn’t go far enough.

“If the inventory tax is a problem, let’s scrap it for everyone,” Harrison told the Tribune-Herald.

“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.”

This hyper-local amendment would grant El Paso County water districts the authority their counterparts have in other Texas counties: Bastrop, Bexar, Brazoria, Fort Bend, Galveston, Harris, Montgomery, Tarrant, Travis, Waller and Williamson.

Like those counties, El Paso has water districts in unincorporated areas that are interested in expanding their services to building parks. The amendment would allow them to put parks and recreation bonds on their local ballots.

“The constitutional amendment providing for the abolition of the office of county treasurer in Galveston County.”

If this county-specific measure passes, it would give Galveston County voters the chance to follow in the footsteps of nine other counties that have abolished their county treasurer position and distributed those duties to other departments. The current treasurer, Hank Dugie, ran on a platform of eliminating the office to save money and streamline government.

“Our county commissioners court unanimously and bipartisanly supports it,” he said. “I am the elected treasurer and I support it. So it’s something that’s very popular here locally and we’re thankful that the state legislature agreed with us and put it on the ballot.”

“The constitutional amendment to increase the mandatory age of retirement for state justices and judges.”

The proposition would raise the retirement age from 75 to 79.

Given today’s longer life expectancies, 75 is no longer a reasonable age to mandate someone step down from the bench, a legislative analysis in favor the bill argues. Critics of Proposition 13 have said it would be unnecessary because the current mandatory retirement age allows judges to serve for a sufficient period.

McLennan County prosecutor Ralph Strother, 80, said he had to step down as 19th State District Court judge with two years left in his elected term, and he said he would have continued to be effective.

“If this amendment had been applicable when I was in office, I would have finished my last term,” Strother said in an interview this month.

“The constitutional amendment providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks.”

The measure represents the biggest park investment in the history of Texas, a state that until this year has gone 20 years without opening a new park.

The $1 billion endowment fund would be administered by Texas Parks and Wildlife and would be reserved for parkland acquisition and development but not maintenance and operation. The measure had strong bipartisan support in the centennial year of the state park system.