Amending the Texas Constitution 2023

Every two years voters get to change the Texas constitution. More than 10% of us should weigh in.

On Tuesday, November 7 Texas will hold one of its regular odd-numbered-year elections to consider 14 propositions to amend its constitution. In order for propositions to be placed before voters, they must be approved by both the Texas House and Senate by at least a 2/3 vote (the Governor has no say). Propositions become amendments if a majority of voters approve.

Propositions that originate in the Texas House are designated as House Joint Resolutions (HJR), Senate Joint Resolutions (SJR) from the Senate. Legislative histories for the enabling resolutions, including voting records, can be found through the Texas Legislature Online website.

Texas has one of the largest state constitutions in the US, notable for its specificity on such things as local government, taxes, and property rights. Many of the amendments that Texas voters are asked to approve are handled legislatively in other states. Through 2022, 700 amendments had been proposed by the Texas Legislature, of which 517 were approved by voters. Though Texas voters are regularly asked to weigh in on specific governance issues found in the constitution, only around 10% of registered voters typically cast ballots.

Particularly useful non-partisan discussions of the pros and cons of the propositions can be found in the Texas Legislative Council’s Analysis of Proposed Constitutional Amendments and the League of Women Voters Voters Guide. My summary take on the proposed amendments (for what it’s worth) can be found at the end of this post. Feel free to comment. You might even change my mind.

Early voting runs Monday, October 23 through Friday, November 3 (including Saturday, October 28). Election day is Tuesday, November 7. Vote. It’s important.

Proposition 1: Establishing a right to farming, ranching, timber production, horticulture, and wildlife management on owned or leased personal property.

HJR 126 (House 144/0/1, Senate 31/0)

Proposition 1 would limit the ability of governing agencies (including local ones) to overly regulate agricultural activities. Though some protections are included in the proposition’s language, it is possible that local governments could be inhibited from addressing negative impacts of ranching or farming near places where people live and work. Opposition to this proposition, however, was limited, suggesting that implementation might have little actual impact. The necessity for this constitutional change is unclear.

I will be voting NO on Proposition 1.

Proposition 2: Allowing local governments to exempt childcare facilities from property taxes.

SJR 64 (Senate 25/6, House 114/31/1)

Proposition 2 would allow (but not require) local entities to provide property tax relief to qualifying child-care facilities. The amendment could potentially increase the availability as well as affordability of day-care services. Given the paucity of day-care facilities in some jurisdictions, allowing local control over property tax relief seems warranted.

I will be voting YES on Proposition 2.

Proposition 3: Prohibiting the imposition of an individual wealth or net worth tax on individuals or families.

HJR 132 (House 101/45/0, Senate 22/9)

Though the Texas constitution allows for taxation of tangible and intangible property, Proposition 3 would make it clear that in the future, such taxes may not be extended to an individual’s total net worth (i.e., including such things as stock holdings and bank accounts). Wealth taxes have been tried unsuccessfully in Europe. Administrative difficulties and the ability of wealthy citizens to relocate make wealth taxes a particularly bad idea. However, since wealth taxes have never been proposed in Texas, the need for this amendment is unclear.

I will be voting NO on Proposition 3.

Proposition 4: Increasing the homestead tax exemption by a school district to $100,000 and increasing state funding for public education.

HJR 2 - Second Special Session (House 130/5/1, Senate 31/0)

The property tax burden on Texas citizens is among the highest in the country. There was a strong consensus in the Texas legislature that a portion of the state’s budget surplus should be used to reduce property taxes without significantly impacting public education. Proposition 4 was considered in the second special session because the legislature had previously been unable to agree on how to structure tax relief. HJR 2 was the negotiated result, garnering near unanimous support in both houses. Though there are details with which one might quibble, Proposition 4 seems to be a reasonable compromise that provides significant property tax relief, particularly for taxpayers who own moderately priced homes.

I will be voting YES on Proposition 4.

Proposition 5: Renaming State University Research Fund from National Research University Fund and establishing an ongoing revenue source from the accrued interest of the Economic Stabilization Fund (the Rainy Day Fund).

HJR 3 (House 110/30/1, Senate (30/1)

Proposition 5 would provide sources of state funding for research grants to additional universities beyond the University of Texas at Austin and Texas A&M University. Four universities (Texas State, Texas Tech, U. of Houston, U. of North Texas) would receive funding through interest and investment income from the Rainy Day Fund (not to exceed $100 million per year). Four other universities (UT Arlington, UT Dallas, UT El Paso, and UT San Antonio) would receive funding through state appropriations. Grants administered through the program have the potential to increase the research capabilities of a significant number of high-caliber state institutions beyond those that have access to the permanent university fund.

I will be voting YES on Proposition 5.

Proposition 6: Creating the Texas water fund to assist in financing water projects in this state.

SJR 75 (Senate 31/0, House 135/4/1)

Proposition 6 is intended to address the state’s increasing need for investment in water supply infrastructure through grants and low interest loans administered by the Texas Water Development Board. Proposition 6 enables the Board to support additional projects beyond those currently allowed by existing funding mechanisms. If the amendment is approved, $1 billion of appropriations will be deposited to the Texas water fund. Texas’s water needs are growing rapidly even as the state experiences ongoing drought. It would seem warranted to have state funds available to help fund local water projects.

I will be voting YES on Proposition 6.

Proposition 7: Creating the Texas Energy Fund to support the construction, maintenance, modernization, and operation of electric generating facilities.

SJR 93 (Senate 27/4, House 103/35/1)

Proposition 7 would create a Texas energy fund to be administered by the Public Utility Commission to provide low-rate loans and grants for companies to build or upgrade backup electric generation facilities. Funding is expected to be primarily used for dispatchable natural gas facilities. If the amendment is approved, the legislature has provided initial funding of $5 billion.

Since Winter Storm Uri in 2021 and with subsequent periods of stress on the Texas electric grid, it has become increasingly clear that the state requires additional reliable dispatchable electric generation sources. A well-designed and functioning electricity market should be able to provide necessary backup generation capacity financed with private capital and funded by consumers. The need for taxpayer funds to make up for electricity market failures is an indication that the Texas legislature has yet to restructure the state’s electricity market in ways that encourage private investment in dispatchable power.

I will be voting NO on Proposition 7.

Proposition 8: Creating the Texas Broadband Infrastructure Fund to expand high-speed broadband access and assist in the financing of connectivity projects.

HJR 125 (House 128/10/1, Senate 30/1)

Proposition 8 would create a fund to expand high speed internet throughout the state, particularly in rural and other underserved areas. The fund would enable Texas to take advantage of potentially available federal funds. The Texas legislature has appropriated $1.5 billion contingent on passage of the amendment. The internet has become an essential service in our modern world. Commercial reasons often leave rural areas underserved due to low population densities. Investing to extend this essential service to more Texans would seem to be in the best interest of the state.

I will be voting YES on Proposition 8.

Proposition 9: Authorizing the state legislature to provide a cost-of-living adjustment to eligible annuitants of the Teacher Retirement System of Texas.

HJR 2 (House 140/0/3, Senate 31/0)

Proposition 9 would authorize the state to transfer funds to the Teacher Retirement System for cost-of-living adjustments and a one-time extra payment to retired teachers or their survivors who receive benefits. The legislature has appropriated $3.355 billion contingent on voter approval of Proposition 9. Most school districts in Texas do not participate in the federal social security system. This is the first cost-of-living adjustment in nearly 20 years for retired teachers.

I will be voting YES on Proposition 9.  

Proposition 10: Authorizing the state legislature to exempt from ad valorem taxation tangible personal property manufactured by medical or biomedical companies.

SJR 87 (Senate 26/4, House 125/10/1)

Proposition 10 would carve out a property tax exemption for equipment and inventory held by manufacturers of medical or biomedical products. Supporters suggest that this proposition would strengthen Texas’s medical supply chain and create high-paying jobs. It is unclear why a carveout for equipment and inventory property taxes should be made for any specific manufacturing industry. The property tax burden relieved from this particular industry would have to be absorbed by other personal and business property taxes.

I will be voting NO on Proposition 10.

Proposition 11: 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.

SJR 32 (Senate 28/3, House 111/34/1)

The Texas Constitution was previously amended to give conservation and reclamation districts in eleven Texas counties the ability to issue bonds to fund development and maintenance of parks and recreation facilities. Proposition 11 would extend this permission to El Paso County, which was not included in the original list. Proposition 11 does not mandate the issuing of such bonds, only that they may be authorized by appropriate local agencies.

I will be voting YES on Proposition 11.  

Proposition 12: Providing for the abolition of the office of county treasurer in Galveston County.

HJR 134 (House 106/32/3, Senate 27/4)

Proposition 12 would allow Galveston County voters to eliminate the county treasurer position should they so choose in the November 7, 2023 election. The current county treasurer, elected in 2022, ran on a platform to abolish the position, as has been done in nine other Texas counties. Galveston County voters should be allowed to decide if this position is necessary for their county.

I will be voting YES on Proposition 12.

Proposition 13: Increasing the mandatory retirement age for state judges and justices from 75 to 79 and the minimum retirement age to 75 years, up from 70.

HJR 107 (House 145/5/1, Senate 27/4)

Proposition 13 would extend minimum and mandatory retirement ages for state judges and justices. Increasing life expectancies and a more stable judiciary are among the arguments for this change. However, reducing turnover would negatively impact the pipeline of younger judges that provides generational continuity appropriate for a growing state such as Texas.

I will be voting NO on Proposition 13.

Proposition 14: Providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks.

SJR 74 (Senate 28/3, House 123/21/1)

Proposition 14 would direct up to $1 billion to create a dedicated fund for the creation and improvement of state parks. Visitation to Texas’s parks is growing, especially as the state experiences rapid population growth. Many state parks now require reservations months in advance. More and better maintained parks would benefit all Texans.

I will be voting YES on Proposition 14.