As I mentioned in class, we now have a longer constitution than we had at the beginning of the semester.
I'm trying to make sense of the results of the recently election. 14 amendments were proposed to the Texas electorate, 13 were approved. Turnout was around 14% - which is high compared to past amendment elections. Generally the figure is around 5%. The number were likely up because of the Mayor's race in Houston.
From the Texas Legislative Reference Library:
The Texas Constitution is one of the longest in the nation and is still growing. As of 2022 (the 87th Legislature), the Texas Legislature has proposed a total of 700 amendments. Of these, 517 have been adopted, and 180 have been defeated by Texas voters, and three amendments never made it to the ballot. Thus, the Texas Constitution has been amended 517 times since its adoption in 1876.
[Update: As of 11/7/23: 714 amendments have been proposed. 530 have been passed. 181 have been defeated.]
Links:
- Tarlton Law Library 1876 Texas Constitution.
- Texas Legislative Reference Library: Constitutional Amendments.
- Texas Legislative Council: Amendments to the Texas Constitution Since 1876.
- Texas Legislature Online: Current Texas Constitution.
- Texas Legislative Council: ANALYSES OF PROPOSED CONSTITUTIONAL AMENDMENTS.
- Texas Secretary of State: Election results.
Proposed Amendment 1. The constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management.
Article I, Texas Constitution, is amended by adding Section 36 to read as follows:
Sec. 36.
(a) The people have the right to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices on real property they own or lease.
(b) This section does not affect the authority of the legislature to authorize by general law the regulation of generally accepted farm, ranch, timber production, horticulture, or wildlife management practices by:
(1) a state agency or political subdivision when there is clear and convincing evidence that the law or regulation is necessary to protect the public health and safety from imminent danger;
(2) a state agency to prevent a danger to animal health or crop production; or
(3) a state agency or political subdivision to preserve or conserve the natural resources of this state under Section 59, Article XVI, of this constitution.
(c) This section does not affect the authority of the legislature to authorize by general law the use or acquisition of property for a public use, including the development of the natural resources of this state under Section 59, Article XVI, of this constitution.
- 1876 Texas Bill of Rights.
- Current Texas Bill of Rights.
- Ballotpedia.
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Proposed Amendment 2. 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.
Article VIII, Texas Constitution, is amended by adding Section 1-r to read as follows:
Sec. 1-r. The governing body of a county or municipality may exempt from ad valorem taxation all or part of the appraised value of real property used to operate a child-care facility. The governing body may adopt the exemption as a percentage of the appraised value of the real property. The percentage specified by the governing body may not be less than 50 percent. The legislature by general law may define “child-care facility” for purposes of this section and may provide additional eligibility requirements for the exemption authorized by this section.
- 1876 Texas Article VIII.
- Current Texas Article VIII.
- Ballotpedia.
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Proposed Amendment 3. 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.
Article VIII, Texas Constitution, is amended by adding Section 25 to read as follows:
Sec. 25. The legislature may not impose a tax based on the wealth or net worth of an individual or family, including a tax based on the difference between the assets and liabilities of an individual or family.
- 1876 Texas Article VIII.
- Current Texas Article VIII.
- Ballotpedia.
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Proposed Amendment 4. 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.
SECTION 1.
Section 1, Article VIII, Texas Constitution, is amended by adding Subsections (n) and (n-1) to read as follows:
(n) This subsection does not apply to a residence homestead to which Subsection (i) of this section applies.
Notwithstanding Subsections (a) and (b) of this section, the Legislature by general law may limit the maximum appraised value of real property for ad valorem tax purposes in a tax year to the lesser of the most recent market value of the property as determined by the appraisal entity or 120 percent, or a greater percentage, of the appraised value of the property for the preceding tax year.
The general law enacted under this subsection may prescribe additional eligibility requirements for the limitation on appraised values authorized by this subsection. A limitation on appraised values authorized by this subsection:
(1) takes effect as to a parcel of real property described by this subsection on the later of the effective date of the law imposing the limitation or January 1 of the tax year following the first tax year in which the owner owns the property on January 1;
and (2) expires on January 1 of the tax year following the tax year in which the owner of the property ceases to own the property. (n-1) This subsection and Subsection (n) of this section expire December 31, 2026.
SECTION 2.
Sections 1-b(c) and (d), Article VIII, Texas Constitution, are amended to read as follows:
21 (c) The amount of $100,000 [$40,000] of the market value of the residence homestead of a married or unmarried adult, including one living alone, is exempt from ad valorem taxation for general elementary and secondary public school purposes.
SECTION 3.
Section 22, Article VIII, Texas Constitution, is amended by adding Subsection (a-1) to read as follows:
(a-1) Appropriations from state tax revenues not dedicated by this constitution that are made for the purpose of paying for ad valorem tax relief as identified by the legislature by general law are not included as appropriations for purposes of determining whether the rate of growth of appropriations exceeds the limitation prescribed by Subsection (a) of this section.
SECTION 4.
Section 30, Article XVI, Texas Constitution, is amended by adding Subsection (e) to read as follows: (e) The Legislature by general law may provide that members of the governing body of an appraisal entity established in a county with a population of 75,000 or more serve terms not to exceed four years.
SECTION 5. The following temporary provision is added to the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by H.J.R. 2, 88th Legislature, 2nd Called Session, 2023. (b) The amendments to Section 1-b, Article VIII, of this constitution take effect for the tax year beginning January 1, 2023. (c) The amendment to Section 22, Article VIII, of this constitution applies to appropriations made for the state fiscal biennium beginning September 1, 2023, and subsequent state fiscal bienniums. (d) This temporary provision expires January 1, 2025.
- 1876 Texas Article VIII.
- Current Texas Article VIII.
- 1876 Texas Article XVI.
- Current Texas Article XVI.
- Ballotpedia.
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Proposed Amendment 5.
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.
Section 49-g, Article III, Texas Constitution, is amended by adding Subsections (p) and (q) to read as follows:
(p) On the first business day occurring on or after the 90th day of each state fiscal year, an amount equal to the interest income, dividends, and investment earnings attributable to the economic stabilization fund for the preceding state fiscal year, not to exceed the amount determined under Subsection (q) of this section, is appropriated from the economic stabilization fund to the comptroller of public accounts for the purpose of immediate deposit to the credit of the Texas University Fund.
For purposes of this subsection, the amount of interest income, dividends, and investment earnings attributable to the economic stabilization fund for a state fiscal year is computed by:
(1) determining the amount of interest and dividends due to the fund for that fiscal year, including any interest credited to general revenue under Subsection (i) of this section;
(2) adding to the amount determined under Subdivision (1) of this subsection an amount equal to the increase, if any, in the fair market value of the fund between the last day of that fiscal year and the last day of the preceding state fiscal year; and
(3) subtracting from the amount determined under Subdivision (2) of this subsection the amount of any expenses of managing the investments of money in the fund that are paid from the fund during that fiscal year.
(q) The amount of the appropriation made under Subsection (p) of this section may not exceed:
(1) for the state fiscal year beginning September 1, 2023, $100 million;
or (2) for a state fiscal year beginning on or after September 1, 2024, the amount determined under this subsection for the preceding state fiscal year adjusted by the increase, if any, in the general price level during the preceding state fiscal year, as determined by the comptroller of public accounts on the basis of 30 changes in the consumer price index published by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency and not to exceed two percent per state fiscal year.
SECTION 2.
Section 20, Article VII, Texas Constitution, is amended by amending Subsections (a) and (g) and adding Subsection (i) to read as follows:
(a) There is established the Texas University Fund [national research university fund] for the purpose of providing a dedicated, independent, and equitable source of funding to enable emerging research universities in this state to achieve national prominence as major research universities.
(g) The legislature shall establish criteria by which a state university may become eligible to receive a portion of the distributions from the fund. A state university that is entitled to participate in dedicated funding provided by Section 18 of this article is [becomes eligible to receive a portion of the distributions from the fund in a state fiscal biennium remains eligible to receive additional distributions from the fund in any subsequent state fiscal biennium. The University of Texas at Austin and Texas A&M University are] not eligible to receive money from the fund.
(i) For purposes of Section 22, Article VIII, of this constitution: (1) money in the fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund is treated as if it were an appropriation of revenues dedicated by this constitution.
- 1876 Texas Article III.
- Current Texas Article III.
- 1876 Texas Article VII.
- Current Texas Article VII.
- Ballotpedia.
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Proposed Amendment 6. The constitutional amendment creating the Texas water fund to assist in financing water projects in this state.
Article III, Texas Constitution, is amended by adding Section 49d-16 to read as follows:
Sec. 49-d-16.
(a) The Texas water fund is created as a special fund in the state treasury outside the general revenue fund. The fund is administered by the Texas Water Development Board or by that board’s successor in function as provided by general law. The legislature may appropriate money for the purpose of depositing the money to the fund to be available for transfer as provided by Subsection (b) of this section.
(b) The administrator of the Texas water fund may use the fund only to transfer money to other funds or accounts administered by the Texas Water Development Board or that board’s successor in function. Money transferred from the Texas water fund to a fund or account may be spent without further legislative appropriation in the manner provided by general law governing the use of money in the fund or account to which the money was transferred. The administrator may restore to the fund money transferred from the fund and deposited to the credit of another fund or account.
Legislative appropriation is not required for the administrator to transfer money from or restore money to the fund, including the transfer of money from the fund to or the restoration of the money from:
(1) the Water Assistance Fund No. 480;
(2) the New Water Supply for Texas Fund;
(3) the Rural Water Assistance Fund No. 301; or
(4) the Statewide Water Public Awareness Account.
(c) The Texas water fund consists of:
(1) money transferred or deposited to the credit of the fund by general law, including money appropriated by the legislature directly to the fund and money from any source transferred or deposited to the credit of the fund authorized by general law;
(2) any other revenue that the legislature by statute dedicates for deposit to the credit of the fund;35 (3) investment earnings and interest earned on amounts credited to the fund;
(4) money from gifts, grants, or donations to the fund; and
(5) money returned from any authorized transfer.
(d) The legislature by general law shall provide for the manner in which money from the Texas water fund may be used, subject to the limitations provided by this section.
(e) Of the amount of money initially appropriated to the Texas water fund, the administrator of the fund shall allocate not less than 25 percent to be used only for transfer to the New Water Supply for Texas Fund.
(f) The expenses of managing the investments of the Texas water fund shall be paid from that fund.
(g)
For purposes of Section 22, Article VIII, of this constitution:
(1) money in the Texas water fund is dedicated by this constitution; and
(2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the Texas water fund is treated as if it were an appropriation of revenues dedicated by this constitution.
(h) Any unexpended and unobligated balance remaining in the Texas water fund at the end of a state fiscal biennium is appropriated to the administrator of that fund for the following state fiscal biennium for the purposes authorized by this section.
- 1876 Texas Article III.
- Current Texas Article III.
- 1876 Texas Article VIII.
- Current Texas Article VIII.
- Ballotpedia.
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Proposed Amendment 7. The constitutional amendment providing for the creation of the Texas energy fund to support the construction, maintenance, modernization, and operation of electric generating facilities.
Article III, Texas Constitution, is amended by adding Section 49-q to read as follows:
Sec. 49-q.
(a) The Texas energy fund is created as a special fund in the state treasury outside the general revenue fund.
(b) As provided by general law, money in the Texas energy fund may be administered and used, without further appropriation, only by the Public Utility Commission of Texas or that commission’s successor in function to provide loans and grants to any entity 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 this state.
The commission shall allocate money from the fund for loans and grants to eligible projects:
(1) for electric generating facilities that serve as backup power sources; and
(2) in each region of the state that is part of an electric power grid in proportion to that region’s load share.
(c) The entity administering the Texas energy fund may establish separate accounts in the fund as necessary or convenient for the fund’s administration.
(d) The Texas energy fund consists of:
(1) money credited, appropriated, or transferred to the fund by or as authorized by the legislature;
(2) revenue that the legislature dedicates for deposit to the credit of the fund;
(3) the returns received from the investment of the money in the fund; and
(4) gifts, grants, and donations contributed to the credit of the fund.41
(e) The reasonable expenses of managing the Texas energy fund’s assets shall be paid from the fund. (f) The legislature by a provision of a general appropriations act may provide for the transfer to the general revenue fund of money that is subject to this section.
(g) The legislature may appropriate general revenue for the purpose of depositing money to the credit of the Texas energy fund to be used for the purposes of that fund.
(h)
For purposes of Section 22, Article VIII, of this constitution:
(1) money in the Texas energy fund is dedicated by this constitution; and
(2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the Texas energy fund is treated as if it were an appropriation of revenues dedicated by this constitution.
- 1876 Texas Article III.
- Current Texas Article III.
- 1876 Texas Article VIII.
- Current Texas Article VIII.
- Ballotpedia.
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Proposed Amendment 8. The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.
Article III, Texas Constitution, is amended by adding Section 49-d-16 to read as follows:
Sec. 49-d-16.
(a) In this section:
(1) “Comptroller” means the comptroller of public accounts of the State of Texas or its successor.
(2) “Fund” means the broadband infrastructure fund.
(b) The broadband infrastructure fund is created as a special fund in the state treasury outside the general revenue fund.
(c) The fund consists of:
(1) money transferred or deposited to the credit of the fund by this constitution, general law, or the General Appropriations Act;
(2) revenue that the legislature by general law dedicates for deposit to the credit of the fund;
(3) investment earnings and interest earned on money in the fund; and
(4) gifts, grants, and donations to the fund.
(d) Money in the fund shall be administered by the comptroller. Money from the fund may be used, without further appropriation, only for the expansion of access to and adoption of broadband and telecommunications services, including:
(1) the development, construction, reconstruction, and expansion of broadband and telecommunications infrastructure or services;
(2) the operation of broadband and telecommunications infrastructure;
(3) the provision of broadband and telecommunications services; and
(4) the reasonable expenses of administering and managing the investments of the fund.
(e) The legislature by general law shall provide for the manner in which the assets of the fund may be used, subject to the limitations of this section. Money in the 47 fund may be used in conjunction with other funds or financial resources, including money from the federal government, in accordance with procedures, standards, and limitations established by federal law and general law of this state.
(f) The comptroller may transfer money from the fund to another fund as provided by general law. The state agency that administers the fund to which the money is transferred as authorized by this subsection may use the money without further appropriation only for the expansion of access to and adoption of broadband and telecommunications services as provided by general law.
(g) Unless extended by adoption of a concurrent resolution approved by a record vote of two-thirds of the members of each house of the legislature, this section expires on September 1, 2035. A resolution suspends the expiration of this section until September 1 of the 10th year following the adoption of the resolution.
(h) Immediately before the expiration of this section, the comptroller shall transfer any unexpended and unobligated balance remaining in the fund to the general revenue fund.
(i)
For purposes of Section 22, Article VIII, of this constitution:
(1) money in the fund is dedicated by this constitution; and
(2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund is treated as if it were an appropriation of revenues dedicated by this constitution.
SECTION 2. The following temporary provision is added to the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies to the amendment to Article III of this constitution as proposed by the 88th Legislature, Regular Session, 2023, creating the broadband infrastructure fund to expand highspeed broadband access and assist in the financing of connectivity projects. (b) The change made to Article III of this constitution by the amendment described in Subsection (a) of this section takes effect January 1, 2024. (c) This temporary provision expires January 1, 2025.
- 1876 Texas Article III.
- Current Texas Article III.
- 1876 Texas Article VIII.
- Current Texas Article VIII.
- Ballotpedia.
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Proposed Amendment 9. The constitutional amendment authorizing the 88th Legislature to provide a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas.
Article XVI, Texas Constitution, is amended by adding Section 67-a to read as follows:
Sec. 67-a.
(a) As the Teacher Retirement System of Texas is actuarially sound according to an actuarial valuation update performed in February 2023, the 88th Legislature, Regular Session, 2023:
(1) by general law may provide a cost-of-living adjustment to annuitants of the Teacher Retirement System of Texas who are eligible for the adjustment as determined by that general law; and
(2) may appropriate an amount of money from the general revenue fund to the comptroller of public accounts for deposit to the trust fund of the Teacher Retirement System of Texas to pay the adjustment authorized by Subdivision (1) of this subsection. (b)
For purposes of Section 22, Article VIII, of this constitution, an appropriation of state tax revenues made by the 88th Legislature, Regular Session, 2023, for the purpose described by Subsection (a)(1) of this section is treated as if it were an appropriation of revenues dedicated by this constitution. (c) This section expires September 1, 2025.
- 1876 Texas Article VIII.
- Current Texas Article VIII.
- 1876 Texas Article XVI.
- Current Texas Article XVI.
- Ballotpedia.
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Proposed Amendment 10. 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.
Article VIII, Texas Constitution, is amended by adding Section 1-x to read as follows:
Sec. 1-x. The legislature by general law may exempt from ad valorem taxation the tangible personal property held by a manufacturer of medical or biomedical products as a finished good or used in the manufacturing or processing of medical or biomedical products.
- 1876 Texas Article VIII.
- Current Texas Article VIII.
- Ballotpedia.
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Proposed Amendment 11. 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.
Section 59, Article XVI, Texas Constitution, is amended to read as follows:
(c-1) In addition and only as provided by this subsection, the Legislature may authorize conservation and reclamation districts to develop and finance with taxes those types and categories of parks and recreational facilities that were not authorized by this section to be developed and financed with taxes before September 13, 2003. For development of such parks and recreational facilities, the Legislature may authorize indebtedness payable from taxes as may be necessary to provide for improvements and maintenance only for a conservation and reclamation district all or part of which is located in Bexar County, Bastrop County, Waller County, Travis County, Williamson County, Harris County, Galveston County, Brazoria County, Fort Bend County, [or] Montgomery County, or El Paso County, or for the Tarrant Regional Water District, a water control and improvement district located in whole or in part in Tarrant County. All the indebtedness may be evidenced by bonds of the conservation and reclamation district, to be issued under regulations as may be prescribed by law.
The Legislature may also authorize the levy and collection within such district of all taxes, equitably distributed, as may be necessary for the payment of the interest and the creation of a sinking fund for the payment of the bonds and for maintenance of and improvements to such parks and recreational facilities. The indebtedness shall be a lien on the property assessed for the payment of the bonds. The Legislature may not authorize the issuance of bonds or provide for indebtedness under this subsection against a conservation and reclamation district unless a proposition is first submitted to the qualified voters of the district and the proposition is adopted.
This subsection expands the authority of the Legislature with respect to certain conservation and reclamation districts and is not a limitation on the authority of the Legislature with respect to conservation and reclamation 62 districts and parks and recreational facilities pursuant to this section as that authority existed before September 13, 2003.
- 1876 Texas Article XVI.
- Current Texas Article XVI.
- Ballotpedia.
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Proposed Amendment 12. The constitutional amendment providing for the abolition of the office of county treasurer in Galveston County.
Section 44, Article XVI, Texas Constitution, is amended by adding Subsection (d) to read as follows:
(d) The office of County Treasurer in Galveston County is abolished. The Commissioners Court of Galveston County may employ or contract with a qualified person or may designate another county officer to perform any of the functions that would have been performed by the County Treasurer if the office had not been abolished.
- 1876 Texas Article XVI.
- Current Texas Article XVI.
- Ballotpedia.
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Proposed Amendment 13 was defeated.
- Ballotpedia.
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Proposed Amendment 14. The constitutional amendment providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks.
Article III, Texas Constitution, is amended by adding Section 49-e-1 to read as follows:
Sec. 49-e-1.
(a) The centennial parks conservation fund is established as a trust fund outside the treasury. In accordance with general law, the fund may be used only for the creation and improvement of state parks.
(b) The centennial parks conservation fund consists of:
(1) money appropriated, credited, or transferred to the fund by the legislature;
(2) gifts, grants, and donations received by the Parks and Wildlife Department or the department’s successor in function for a purpose for which money in the fund may be used under this section; and (3) investment earnings and interest earned on amounts credited to the fund.
(c) The legislature may appropriate money from the centennial parks conservation fund to the Parks and Wildlife Department or the department’s successor in function for the purposes prescribed for the fund by this section and general law.
(d) For purposes of Section 22, Article VIII, of this constitution:
(1) money in the centennial parks conservation fund is dedicated by this constitution; and
(2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund is treated as if it were an appropriation of revenues dedicated by this constitution.
(e) The reasonable expenses of managing the fund and its assets shall be paid from the fund.
- 1876 Texas Article III.
- Current Texas Article III.
- Ballotpedia.
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