Voters will decide on 17 proposed changes to the Texas Constitution this fall, deciding whether to throw their support behind amendments that would cut property taxes, codify the rights of parents, fund long-term projects and expand who can be denied bail, among other proposals.
The amendments, which will each be voted on separately in the Nov. 4 election, include $3 billion in state tax spending to fund dementia research and a 20-year commitment to annual $1 billion payments to the Texas Water Fund to address infrastructure and supply concerns. Early voting begins Monday, Oct. 20.
The proposed changes have broad support among lawmakers, who voted overwhelmingly to approve them during the regular session earlier this year. Voters cannot propose amendments or referendums under Texas law, so every amendment must have the support of at least two-thirds of the Texas Legislature before reaching the ballot.
The constitutional amendment ballot will be the longest voters have seen in a single election since 2003, when they voted on some 22 amendments, according to the Texas Secretary of State’s Office.Typically voters decide on fewer than a dozen amendments.
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The amendments need more than 50% votes – a simple majority – to be added to the constitution.
Proposition 1: Capital needs for the Texas State Technical College System
“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.”
If approved, this proposition would create the $850 million Technical Institution Infrastructure Fund and the Available Workforce Education Fund. The initial funding would come from existing state money and be be housed in the state treasury, separate from general revenue, and the state comptroller would distribute up to 5.5% of the fund annually for construction, repairs, land acquisition and educational materials.
The Texas State Technical College is a system of public, two-year campuses across the state, where students can obtain technical and workforce training credentials in several industries, including construction and the electrician industry. Unlike community colleges or school districts, TSTC only receives performance-based state funding tied to graduate salaries. The college relies on infrequent state funding for new buildings or equipment, and limited funding from the Higher Education Fund annually, which the amendment would address.
Proposition 2: Prohibiting taxes on realized or unrealized capital gains.
“The constitutional amendment prohibiting the imposition of a tax on the realized or unrealized capital gains of an individual, family, estate, or trust.”
If approved, this amendment would bar future lawmakers from imposing taxes on profits made from the sale of personal assets such as real estate, vehicles, or stocks and bonds, by individuals, trusts, families or estates. The state does not currently tax capital gains, so there would be no immediate change to state policy. The amendment would not affect sales tax or property taxes.
Proposition 3: Denial of bail under certain circumstances
“The constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.”
If approved, this amendment would allow judges to deny bail to pre-trial defendants accused of certain crimes and if the state can prove they are flight risk or dangerous. Judges would have the ability to deny bail to people facing charges of murder, capital murder, aggravated assault if they caused serious bodily injury or used certain weapons like firearms or knives, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons or continuous trafficking of persons.
Bail reform has been a priority for Gov. Greg Abbott, who has named the issue an emergency item for the last few regular legislative sessions. The Texas Constitution ensures that most people arrested have the right to be released on bail but allows exceptions for those charged with capital murder or accused of certain repeat offenses or bond violations. The resolution’s approval would add a new exception for people accused of certain lower felonies if the defendant is deemed a flight risk or their release poses a danger.
Proposition 4: Directing sales tax revenue to the Texas water fund
“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.”
If passed, this amendment would funnel the first $1 billion in sales tax revenue exceeding $46.5 billion annually to the Texas Water Fund from 2027 to 2047. The fund finances water and wastewater projects, including fixing infrastructure, developing new sources of water and conservation efforts.
A variety of factors, including population growth, aging infrastructure and longer, hotter days, has left Texas facing an imminent water shortage problem. Earlier this year, Abbott called on state lawmakers to make a “Texas-sized” investment in water. A Texas 2036 report determined the state needs to invest $154 billion over then next half century to upgrade aging water systems and meet the needs brought on by population growth.
Proposition 5: Exemption of property taxes on animal feed for sale at retail .
“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.”
If approved, this amendment would authorize a property tax exemption for livestock feed that retailers are storing. The exemption would reduce local property tax revenue, as does any property tax exemption, and the state would have to cover the costs. The costs aren’t expected to be significant, budget writers say.
Under current law, animal feed is not taxed at any point except when it’s sitting in a store as inventory. When property taxes are calculated, feed sellers’ warehouses are typically fully stocked because of seasonal needs in the agriculture industry, causing higher taxes. Retailers in other sectors are often able to take their inventory down to the bare minimum during those times, reducing their tax burden.
Proposition 6: Prohibition on taxing certain entities that buy and sell securities or taxing securities transactions.
“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.”
If approved, this amendment would prohibit taxes targeted specifically at levers of capital markets, including the stock exchanges themselves, broker-dealers, and other market participants. It would also ban any transactions tax on the purchase or sale of securities.
Texas still has other occupation taxes in place, like one on certain oil and gas service providers. The proposed amendment was passed earlier this year as part of the Texas Capital Markets bill package, which aims to make the Lone Star State more friendly to stock trading and pave the way for the recently approved Texas Stock Exchange.
Proposition 7: Allow for property tax exemption for surviving spouses of some veterans
“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.”
If approved, the amendment would lower taxes for the surviving spouses of veterans who died as a result of their service, including due to poor health conditions considered to be service related. The proposition allows them to claim all or part of their property for a homestead exemption on their property taxes.
Proposition 8: Prohibition of death taxes
“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.”
If approved, the amendment would tie the hands of future lawmakers who may try to institute the so-called death taxes – taxes levied on estate transfers, inheritances and gifts. in state code, prohibiting such actions without voter approval.
Ten years ago, lawmakers voted to eliminate the death tax but left future legislatures the leeway to reinstate it.
Proposition 9: Allow for property tax exemption on income-generating property.
“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.”
If approved, this amendment would allow business owners to exempt up to $25,000 in computers, furniture and other company equipment from their taxes, up from the current $2,500 in exemptions. The tax cut would cost the state $700 million in general revenue in the current budget cycle.
The property exemption increase would save businesses an average of $500 per location on their tax bills, lawmakers said. Small businesses provide over half of the jobs created in Texas.
Proposition 10: Temporary property tax exemption for residences destroyed by fire.
“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.”
If approved, the amendment would allow victims whose primary residence is destroyed by fire”to apply for a property tax exemption on improvements or repairs made. The tax exemption may be claimed in the year the fire occurred, as long as the residence was uninhabitable for at least 30 days after the fire.
Proposition 11: Increased homestead exemption for elderly or disabled residents.
“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.”
If approved, seniors would see a total of $200,000 in property tax exemptions, which would allow the average Texas homeowner age 65 or older to receive zero-tax bills starting next year.
The average taxable home value of seniors in Texas is $200,000, which would be removed from their values when property taxes are calculated. Seniors are often on fixed incomes, which hinders their ability to afford property tax increases that Texas homeowners have been seeing in recent years.
Proposition 12: Rules for the State Commission on Judicial Conduct.
“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.”
If approved, it would amend the constitution to update the authority and membership of the State Commission on Judicial Conduct, increasing the number of citizens on the 13-member panel from five to seven and requiring Senate confirmation of the governor’s appointments to it. The amendment also gives commission review tribunals and the Texas Supreme Court more leeway in sanctioning judges for misconduct.
Authors of the amendment said it would bring more transparency and higher accountability to judges by encouraging impartiality and holding judges to higher standards of conduct.
Proposition 13: Increase in homestead tax exemption for school district taxes.
“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.”
If approved, the amendment would result in an average savings of $484 per year for Texas homeowners, bill authors predict.
Property tax cuts have been a cornerstone agenda item not only for state leaders but for the conservative grassroots, many of whom believe they should be eliminated altogether. Property taxes pay for public schools, among other services.
Proposition 14: Creation of the Dementia Prevention and Research Institute of Texas
“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.”
If approved, $3 billion in state tax money collected from residents, mostly in sales taxes, would go to fund the Dementia Prevention and Research Institute of Texas and fund it for 10 years.
The enacting legislation, passed by lawmakers earlier this year, calls for the governor to appoint a nine-member oversight committee to include physicians, family members and caregivers. The institute will award grants to attract, create or expand research at universities and other public or private entities. Grants would fund research into causes, prevention, treatment and rehabilitation as well as the development of therapies and pharmaceuticals, facilities and equipment.
Proposition 15: Parental rights amendment
“The constitutional amendment affirming that parents are the primary decision makers for their children.”
If approved, the amendment would codify in the constitution hundreds of years of case law that gives the rights of Texas parents to raise their children without government interference. The amendment doesn’t change any current state laws. If passed, Texas would become the first state to add parental rights to its founding document, according to advocates.
The amendment was necessary to gather up the parental rights that have already been established in individual court cases and by the U.S. Supreme Court, and codify them as permanently as other unalienable rights supporters say. Critics were concerned that it would take legal focus away from children’s rights.
Proposition 16: Citizenship voting amendment
“The constitutional amendment clarifying that a voter must be a United States citizen.”
If approved, the Texas Constitution would add “persons who are not citizens of the United States” to a list of those ineligible to vote in Texas.
Texas law already prohibits noncitizens from participating in elections. The state’s election code states that only U.S. citizens may vote or register to vote in Texas. It also provides a process for removing noncitizens from voter rolls. The state constitution’s section on suffrage also states that voters must be citizens and residents of Texas. Texas Republicans have pushed for increasing numbers of safeguards, including the amendment, although critics point out that it has no impact.
Proposition 17: Property tax exemption on land used for border security infrastructure.
“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.”
If approved, the amendment would allow private property owners along Texas’ border with Mexico to deduct from their taxable property values any increase that comes as a result of border-security infrastructure – most notably the border wall under construction along the southern border – installed by the government on their property.
Texas pays a fee to property owners at the Texas-Mexico border who voluntarily sign easement contracts to host the border wall, but there is no tax exemption available for it. Supporters feared some landowners would hesitate to participate, concerned about potential increases in property taxes, while critics argue that the move simply shifts the tax burden to other residents.
Staff writers Philip Jankowski, Lana Ferguson, Sasha Richie, Wilborn P. Nobles III and Chase Rogers contributed to this report.