Texans across the state are voting on 17 statewide propositions today covering tax cuts, water funding, veterans’ benefits, bail reform, parental rights, and more.
A majority of the proposed constitutional amendments are measures meant to lower taxes for various Texans, including:
Homeowners.
Businesses.
Elderly and disabled homeowners.
Spouses of veterans.
Homeowners who had their home destroyed in a fire.
Property owners with border security infrastructure.
Those who sell animal feed.
Other proposed amendments would prevent the state from imposing additional taxes on:
Personal or business capital gains.
Securities transactions and those working in securities.
Inheritances.
Other proposals would fund:
Water infrastructure.
The Texas State Technical College.
Research on dementia treatment and prevention.
A few proposals would amend the constitution to:
Limit when a person can be released on bail.
Enshrine parental rights.
Clarify citizenship requirements for Texas voters.
Overhaul the State Commission on Judicial Conduct
Proposition 1 (SJR 59): Texas State Technical College funding
The ballot language: “The constitutional amendment providing for the creation of the permanent technical institution infrastructure fund and the available workforce education fund to support the capital needs of educational programs offered by the Texas State Technical College System.”
What it means: This amendment would create an endowment for the Texas State Technical College Program.
Proposition 2 (SJR 18): Capital gains tax ban
The ballot language: “The constitutional amendment prohibiting the imposition of a tax on the realized or unrealized capital gains of an individual, family, estate, or trust.”
What it means: This would ban the state from taxing people or businesses on profits or potential profits from capital assets, such as investments, real estate, valuable items and certain personal property. It would also eliminate a franchise tax on business trusts, which would lead the state to lose an estimated $152,000 in revenue per fiscal year, according to the state comptroller’s office.
Proposition 3 (SJR 5): Bail reform
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The ballot language: “The constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.”
What it means: This proposition would require judges to deny bail in certain cases for individuals accused of committing specific felonies, such as murder, aggravated assault and indecency with a child. The state would have to demonstrate that bail is not enough to prevent the defendant from being a flight or public safety risk. Defendants, who are legally presumed innocent, would also be entitled to the right to an attorney during their bail hearings.
Proposition 4 (HJR 7): Water infrastructure funding
The ballot language: “The constitutional amendment to dedicate a portion of the revenue derived from state sales and use taxes to the Texas water fund and to provide for the allocation and use of that revenue.”What it means: Texas’ water supply is facing numerous threats, including an increasing demand for water due to rapid population growth, millions of gallons of water leaking out of old infrastructure, and climate change contributing to more droughts and altering precipitation patterns. By one estimate, the state’s municipal supply will not meet demand by 2030 if a major drought were to hit the state and no water solutions are implemented. A Texas 2036 report estimated that the state needs nearly $154 billion by 2050 for water infrastructure, including $59 billion for water supply projects, $74 billion for leaky pipes and infrastructure maintenance, and $21 billion to fix broken wastewater systems.
Proposition 5 (HJR 99): Tax exemption on animal feed
The ballot language: “The constitutional amendment authorizing the legislature to exempt from ad valorem taxation tangible personal property consisting of animal feed held by the owner of the property for sale at retail.”
What it means: This constitutional amendment would allow state lawmakers to extend tax exemptions on animal feed to include when animal feed is held as inventory to be sold. State Rep. Cody Harris, R-Palestine, noted animal feed is already typically tax exempt when it is harvested or purchased by a farmer or rancher.
Proposition 6 (HJR 4): Securities tax ban
The ballot language: “The constitutional amendment prohibiting the legislature from enacting a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.”
What it means: This proposal would prevent the state from creating new taxes on securities transactions, such as stock trading, and from taxing those who operate or work in the securities market, including financial institutions, brokers and dealers.
Proposition 7 (HJR 133): Tax exemption for veterans’ spouses
The ballot language: “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 veteran who died as a result of a condition or disease that is presumed under federal law to have been service-connected.”
What it means: This change would allow state lawmakers to give property tax breaks on homes to the un-remarried spouses of U.S. veterans who the federal government determined died in connection to their service. State Rep. Chris Turner, D-Grand Prairie, said during legislative discussions that the change is meant to align Texas with a more recent federal law that expanded benefits for veterans exposed to toxic substances during their service.
Proposition 8 (HJR 2): Inheritance tax ban
The ballot language: “The constitutional amendment to prohibit the legislature from imposing death taxes applicable to a decedent’s property or the transfer of an estate, inheritance, legacy, succession, or gift.”
What it means: Though Texas does not currently have an inheritance tax, this measure aims to prevent lawmakers from trying to impose a tax on an estate or when an estate or inheritance is transferred. It would not eliminate other existing taxes that can be associated with an inheritance, such as unpaid property taxes, according to committee discussions on the proposal. Critics of this constitutional amendment have said it is unnecessary and would limit state lawmakers in the future, according to the House Research Organization. — María Méndez
Proposition 9 (HJR 1): Inventory and equipment tax exemption
The ballot language: “The constitutional amendment to authorize the legislature to exempt from ad valorem taxation a portion of the market value of tangible personal property a person owns that is held or used for the production of income.”
What it means: This amendment, along with accompanying legislation, would exempt up to $125,000 of businesses’ inventory or equipment from being taxed by school districts, cities, counties or any other taxing entity. Under current law, businesses don’t have to pay taxes on that property if it’s worth $2,500 or less.
Proposition 10 (SJR 84): Tax exemption for homes destroyed by fire
The ballot language: “The constitutional amendment to authorize the legislature to provide for a temporary exemption from ad valorem taxation of the appraised value of an improvement to a residence homestead that is completely destroyed by a fire.”
What it means: This amendment and accompanying legislation would create a process to temporarily lower property taxes on homes destroyed by fire. Homeowners could apply for an adjusted tax bill on the restored home for the year in which the fire occurred, according to the accompanying legislation. To qualify, the homeowner’s home would have to remain uninhabitable for at least 30 days after the fire. These property tax bill reductions could lower local tax revenue and require the state to help make up for school districts’ losses, but potential costs for the state could not be calculated, according to the legislation’s fiscal note. — María Méndez
Proposition 11 (SJR 85): School tax exemption for the elderly or disabled homeowners
The ballot language: “The constitutional amendment authorizing the legislature to increase the amount of the exemption from ad valorem taxation by a school district of the market value of the residence homestead of a person who is elderly or disabled.”
What it means: This constitutional amendment would allow the state to raise a homestead exemption, a discount on school property taxes that lowers how much of a home’s value can be taxed to pay for public schools. The increased exemption would shave off $60,000 from the taxable value of elderly or disabled Texans’ homes, rather than just $10,000 under the current exemption.
Proposition 12 (SJR 27): Changing the State Judicial Conduct Commission
The ballot language: “The constitutional amendment regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission’s recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.”
What it means: This amendment would change the make-up of Texas’ State Commission on Judicial Conduct and related processes and powers.
Currently, the State Commission on Judicial Conduct is made up of the following:
six judges from six different court levels,
two attorneys appointed by the State Bar of Texas who aren’t judges, and
five citizens appointed by the governor who are at least 30 years of age and aren’t attorneys or judges.
If approved, the constitutional amendment would beef up the citizen representation on the commission by changing the makeup to:
six judges or justices of courts appointed by the Texas Supreme Court of, two of whom would have to be trial court judges (judicial members of the commission would not be allowed to be judges in the same type of court), and
Commission members would still have to be confirmed by the Texas Senate.
Proposition 13 (SJR 2): Increased school tax exemption for homeowners
The ballot language: “The constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district from $100,000 to $140,000.”
What it means: This constitutional amendment would allow Texans who own their home to see a boost in the state’s homestead exemption, or the slice of a home’s value that can’t be taxed to pay for public schools. The proposal would shave off $140,000 off the taxable value of the home, instead of the current $100,000.
Proposition 14 (SJR 3): Funding for dementia research and prevention
The ballot language: “The constitutional amendment providing for the establishment of the Dementia Prevention and Research Institute of Texas, establishing the Dementia Prevention and Research Fund to provide money for research on and prevention and treatment of dementia, Alzheimer’s disease, Parkinson’s disease, and related disorders in this state, and transferring to that fund $3 billion from state general revenue.”
What it means: This amendment would provide $3 billion to create the Dementia Prevention and Research Institute of Texas to study dementia, Alzheimer’s, Parkinson’s disease and other brain related conditions. The measure received bipartisan support from a majority of lawmakers and was one of Lt. Gov. Dan Patrick’s legislative priorities.
Proposition 15 (SJR 34): Codifying parental rights
The ballot language: “The constitutional amendment affirming that parents are the primary decision makers for their children.”
What it means: This proposal would include parental rights, as currently outlined out in federal case law, in the Texas Constitution. The intent of the amendment is to protect parental rights since “case law can change and disappear over time with the appointment of new judges,” according to an analysis of the legislation.
Proposition 16 (SJR 37): Clarifying citizenship requirement for voters
The ballot language: “The constitutional amendment clarifying that a voter must be a United States citizen.”
What it means: This amendment would add language to the Texas Constitution to explicitly say that “persons who are not citizens of the United States” cannot vote in the state. Though U.S. citizenship is already required to register to vote in Texas, this amendment aims to prevent local governments in Texas from allowing local residents who are not citizens to vote in local elections and comes in response to other states passing such policies, according to analysis of the legislation.
The ballot language: “The constitutional amendment to authorize the legislature to provide for an exemption from ad valorem taxation of the amount of the market value of real property located in a county that borders the United Mexican States that arises from the installation or construction on the property of border security infrastructure and related improvements.”
What it means: This proposal and accompanying legislation would allow the state to prevent property value in border counties from increasing due to border security infrastructure and related improvements.
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