Friday, July 14, 2023

More on the amendments to the Texas Constituton proposed by the 88th Texas Legislature

This info should help you (GOVT 2306 Summer 2) complete your second written assignment.

You might want to consider why these changes had to be done by changing the constitution rather than simply changing statutory law.

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HJR 2 - The constitutional amendment authorizing the 88th Legislature to provide a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas.

- Articles affected Article 16 : Adds §67-a
- Analysis:

CSHJR 2 would amend the constitution to allow the Legislature to provide one or more cost-of-living adjustments or supplemental payments as benefit enhancements to annuitants of the Teacher Retirement System of Texas (TRS) who were eligible for the enhancements. The Legislature could provide such a benefit enhancement and direct the comptroller of public accounts to transfer funds to TRS for the payment of the enhancement only if TRS was actuarially sound and the Legislature appropriated money in a sufficient amount to fully pay for the enhancement, as determined by the TRS board of trustees. The resolution would include a temporary provision for the constitution. The temporary provision would require the comptroller of public accounts to transfer $3.45 billion from the general revenue fund to the TRS trust fund as soon as practicable after the amendment’s effective date


HJR 3 - 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.

- Articles affected
- - Article 3 : Amends §49-g
- - Article 7 : Amends §20
- Analysis.

CSHJR 3 would amend the Texas Constitution to rename the national research university fund as the Texas University Fund (TUF). The resolution would remove the provision stating that a state university that becomes eligible to receive a portion of the distributions from the national research university fund in a fiscal biennium remains eligible to receive additional distributions from the fund in any subsequent fiscal biennium. The resolution would specify that money in TUF was dedicated by the constitution and an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund would be treated as if it were an appropriation of revenues dedicated by the constitution.  The resolution would appropriate $3.5 billion from the general revenue fund on January 1, 2024, to the comptroller of public accounts for the purpose of immediately depositing that amount to the credit of TUF. This provision would expire on February 1, 2024. CSHJR 3 would amend certain provisions of the economic stabilization fund (ESF). The resolution would appropriate an amount from the ESF to the comptroller of public accounts for the purpose of immediate deposit to the credit of TUF.

 
SJR 32 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.

- Articles affected Article 16 : Amends §59

- Analysis.

In 2003, the Texas Constitution was amended, giving conservation and reclamation districts in certain counties across the state the ability to issue bonds to fund the development and maintenance of parks and recreation facilities. El Paso County was left out of this constitutional amendment and currently does not have this authority, resulting in an underfunded parks system across the county. El Paso County should be included on the list of Texas counties that allow their conservation and reclamation districts to issue bonds to develop recreational facilities. Allowing bonds to be issued for recreational purposes will benefit the health and wellness of El Paso County residents and encourage further economic development and growth for the region.

S.J.R. 32 would propose an amendment to the Texas Constitution to authorize conservation and reclamation districts, all or part of which are located in El Paso County, to issue bonds supported by property taxes to fund recreational purposes. S.B. 938 is the enabling legislation.

S.J.R. 32 proposes a constitutional amendment relating to the authority of 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.


SJR 64 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.

- Articles affected Article 8 : Adds §1-r

- Analysis.

SJR 64 would amend the Texas Constitution to allow the governing body of a county or municipality to exempt from property taxation all or part of the appraised value of real property used to operate a child-care facility. The governing body could adopt the exemption as a percentage of appraised value, and if so, the percentage could not be less than 50%. The Legislature could define "child-care facility" and provide additional eligibility requirements to implement the exemption. A ballot proposal would be presented to voters at an election on November 7, 2023 and would read: "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."

 
SJR 74 The constitutional amendment providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks.

- Articles affected Article 3 : Adds §49-e-1

- Analysis:

CSSJR 74 would amend the Texas Constitution to allow for the establishment of the centennial parks conservation fund as a trust fund outside the treasury. The fund could be used only for the creation and improvement of state parks. The fund would consist of:
• money appropriated to the fund;
• money transferred or deposited to the credit of the fund by general law;
• investment earnings and interest earned on amount credited to the fund; and
• gifts grants and donations received for the fund.
The Legislature could appropriate money from the centennial parks conservation fund to the Texas Parks and Wildlife Department or the department's successor in function for the purposes prescribed for the fund by this resolution and general law.

 
SJR 75 The constitutional amendment creating the Texas water fund to assist in financing water projects in this state.

- Articles affected Article 3 : Adds §49-d-16

- Analysis.

CSSJR would amend the Texas Constitution to create the Texas water fund as a special fund in the state treasury outside the general revenue fund. The fund would be administered by the Texas Water Development Board (TWDB) and could be used only to transfer money to other funds or accounts administered by TWDB. The resolution would authorize TWDB to restore to the fund money transferred from the fund. Legislative appropriation would not be required for TWDB to transfer money from or restore money to the fund. 
The fund would consist of:
• money from any source transferred or deposited to the credit of the fund by general law, including legislative appropriations;
• any other revenue that the Legislature by statute dedicated for deposit to the credit of the fund;
• investment earnings and interest earned on amounts credited to the fund;
• money from gifts, grants, or donations to the fund; and
• money returned from any authorized transfer.
Subject to limitations in the resolution, the Legislature would be required to provide for the manner in which money from the fund could be used, and could provide for the costs of investment of the fund to be paid from the fund.


SJR 87 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.

- Articles affected Article 8 : Adds §1-x

- Analysis.

- SJR 87 would amend the Texas Constitution to authorize the Legislature to exempt from property tax the tangible personal property held by a manufacturer of medical or biomedical products as a finished good or to be used in the manufacturing or processing of medical or biomedical products.

 
SJR 93 The constitutional amendment providing for the creation of the Texas energy fund to support the construction, maintenance, modernization, and operation of electric generating facilities.

- Articles affected Article 3 : Adds §49-q

- Analysis.

- CSSJR 93 would amend the Texas Constitution to create the Texas energy fund as a special fund outside the general revenue fund. Money in the fund could be administered and used, without further appropriation, only by the Public Utility Commission (PUC) or its successor to provide loans and grants to finance or incentivize the construction, maintenance, modernization, and operation of electric generating facilities, including associated infrastructure, necessary to ensure the reliability or adequacy of an electric power grid in the state. PUC would be required to allocate money from the fund for loans and grants to eligible projects for electric generating facilities that served as backup power sources and in each region of the state in proportion to that region’s load share in an electric power grid.

 
HJR 107 The constitutional amendment to increase the mandatory age of retirement for state justices and judges.

- Articles affected Article 5 : Amends §1-a

- Analysis.

- HJR 107 would amend Tex. Const. Art 5, sec 1-a(1) to change the mandatory retirement age for a justice or judge to 79 or an earlier age, not less than 75, as the Legislature may prescribe. The bill also would remove a provision stating that judges may serve until December 31 of their fourth year in office if they reach the age of 75 in the first four years of their term.

 
HJR 125 The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.

- Articles affected Article 3 : Adds §49-d-16

- Analysis.

- CSHJR 125 would amend the Texas Constitution to create the Broadband Infrastructure Fund as a special fund in the state treasury outside the general revenue fund, consisting of:

• appropriations from the Legislature;
• money transferred or deposited to the credit of the fund by the constitution or general law;
• revenue that the Legislature by general law dedicated to the fund;
• investment earnings and interest earned on money in the fund; and
• gifts, grants, and donations.

Money in the fund would be administered by the comptroller, and without further appropriations, could be used only for the expansion of access to and the adoption of broadband and telecommunications services, including the development and operation of infrastructure. The Legislature would be required to provide for the manner in which fund assets could be used by general law.

CSHJR 125 would require the comptroller to transfer $5 billion from the economic stabilization fund (ESF) to the broadband infrastructure fund no HJR 125 House Research Organization page 3 later than January 15, 2024. Money in the fund would be considered constitutionally dedicated, and an appropriation from the ESF to the fund would be treated as if it were constitutionally dedicated.

 
HJR 126 The constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management.

- Articles affected Article 1 : Adds §36

- Analysis.

- CSHJR 126 would amend the Texas Constitution to establish the right of the people to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices on real property they owned or leased.

The resolution would not affect the authority of the Legislature to authorize regulation of these practices by:
• a state agency or local authority when there was clear and convincing evidence that the regulation was necessary to protect public health from imminent danger;
• a state agency to prevent a danger to animal health or crop production; or
• a state agency or local authority to conserve natural resources of the state.

The resolution would not affect the authority of the Legislature to authorize the use or acquisition of property for a public use, including the development of natural resources of the state.


HJR 132 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.

- Articles affected Article 8 : Adds §25

- Analysis.

- CSHJR 132 would amend the Texas Constitution to prohibit the Legislature from imposing a tax on the net worth of individuals or business entities. The resolution would define the net worth of individuals or businesses as the amount computed by subtracting from the value of an individual's or entity's assets the value of the individual's or entity’s liabilities 
The resolution would not be construed as prohibiting the imposition of:
• an ad valorem tax on property; or
• a general business tax measured by business activity.


HJR 134 The constitutional amendment providing for the abolition of the office of county treasurer in Galveston County.

- Articles affected Article 16 : Amends §44

- Analysis.

- HJR 134 would abolish the office of County Treasurer in Galveston County. The resolution would authorize the Commissioners Court of Galveston County to employ or contract with a qualified person or to designate another county officer to perform any of the functions that would have been performed by the County Treasurer.