The November 7 election ballot will include 14 proposed amendments to the Texas Constitution. Below are the fourteen amendments along with the wording for each amendment that will appear on the ballot. In addition, we have included an explanation of each amendment, borrowed with permission from the League of Women Voters of Texas. More information about the election in general and the amendments in particular, including arguments For and Against each amendment, can be found by going to the League of Women Voters website: www.lwvtexas.org, then clicking on either “2023 Voters Guide English” or “2023 Voters Guide Spanish.” A printed copy of the League of Women Voters Election Guide can be picked up at the Brownwood Public Library.
Proposition 1: “The constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management.”
LWV Explanation: “Proposition 1 would establish a constitutional right for people and businesses to farm, ranch, produce timber, or manage wildlife on property they own or lease. The state of Texas could still allow state agencies or local governments to regulate these practices:
- If there is clear and convincing evidence that the regulation is needed to protect public health from imminent danger;
- to prevent danger to animal health or crop production; or
- to conserve the state’s natural resources.”
Proposition 2: “The constitutional amendment authorizing a local option exemption from ad valorum taxation by a county or municipality of all or part of the appraised value of real property used to operate a child-care facility.”
LWV Explanation: “Proposition 2 would allow counties and cities to lower property taxes on some child care centers. This benefit would apply to child care centers:
- that are owned or rented; and
- with at least 20% of children enrolled who receive subsidized child care services.”
Proposition 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.”
LWV Explanation: “Proposition 3 would amend the Texas Constitution to prohibit a wealth tax. A wealth tax or net worth tax is a tax on the value of a person’s assets (what a person owns) less liabilities (what they owe). Assets may include cash, bank deposits, shares of stock, equipment, real estate, pension plans, money funds and trusts.”
Proposition 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 exemptions 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.”
LWV Explanation: “Proposition 4 would amend the Texas Constitution to allow tax cuts that were approved by the Legislature in the 2023 special session to take effect this year. Proposition 4 allows the legislature to reduce property taxes as follows:
- The homestead exemption would increase from $40,000 to $100,000. The homestead exemption is the amount of the appraised value of a property residence that is not subject to taxes by the local school district.
- The increase in the appraised value for a non-homestead property (such as a business property or second home) cannot be more than 20% over the prior year’s appraised value:
*** Only non-homestead properties with value of $5 million or less qualify at this time
*** This non-homestead property tax limit expires December 31, 2026.
- The Legislature has approved sending money to school districts to replace the lost tax revenue. Proposition 4 would allow this money to be sent without counting toward spending limits in the constitution
- Currently, member of local appraisal boards are all appointed. Proposition 4 allows the Legislature to require that in counties with a population of 75,000 or more, three of nine members of a board be elected.”
Proposition 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.”
LWV Explanation: “Proposition 5 would provide money for research grants for Texas’ public universities. Currently, the University of Texas and Texas A&M University are the only nationally recognized research universities in Texas and therefore receive substantial funding for research. In 2009, Texas set up the National Research University Fund to provide research grants at other public universities. Currently, eight Texas universities qualify for research grants from this fund.
Proposition 5 proposes to replace the National Research University Fund with two new funds:
- Texas University Fund would be created to support research grants at Texas State University, Texas Tech University, the University of Houston, and the University of North Texas. The Legislature would provide $4 billion of initial funding for the Texas University Fund. The Legislature may provide $100 million per year of the interest and investment income from the Economic Stabilization Fund (also known as the Rainy Day Fund) to support this fund. The legislature can add eligible public universities to the fund only if additional money is provided.
- National Research Support Fund would be created to support the University of Texas at Arlington, University of Texas Dallas, University of Texas El Paso, and University of Texas San Antonio. Funding would have to be approved every two years by the Texas Legislature.
Also, Proposition 5 standardizes performance metrics to evaluate whether a university program qualifies for a grant.”
Proposition 6: “The constitutional amendment creating the Texas water fund to assist in financing water projects in this state.”
LWV Explanation: “Proposition 6 would create the Texas water fund. This fund would provide grants and low interest loans for water projects across Texas. The fund is being set up to address concerns about not having enough water to meet the needs of Texas’ rapidly growing population.
The Texas Water Development Board will administer the fund. This Board, whose members are appointed by the governor, is responsible for meeting the state’s water needs, so that Texans have access to enough clean and affordable water.”
Proposition 7: “The constitutional amendment providing for the creation of the Texas energy fund to support the construction, maintenance, and operation of electric generating facilities.”
LWV Explanation: “Proposition 7 would allow the creation of the Texas energy fund. Money put in the fund by the Texas Legislature would be used by the Public Utility Commission to provide low-rate loans or grants to companies to build or upgrade electric generating plants in Texas.”
Proposition 8: “The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.”
LWV Explanation: “Access to high-speed internet is now essential for employment, healthcare, education, and government, but is not evenly available throughout Texas, especially in rural areas. Proposition 8 would allow Texas to create a $5 billion fund to expand high speed internet throughout Texas. Money in the fund, along with money from the federal government broadband program and other resources, would provide grants and other support for investments in high speed internet projects. The fund would end in ten years.”
Proposition 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.”
LWV Explanation: “In 2023, the Texas Legislature approved cost-of-living adjustments and a one-time extra payment to retired teachers or their survivors who currently receive retirement or death benefits from the Teacher Retirement System of Texas. The one-time extra payment was paid in September 2023. The cost-of-living adjustments would start January 2024.
The total cost of the one-time extra payments and the cost-of living adjustments is about $5 billion. This amount will be transferred from the state’s general funds to the Teachers Retirement System so the teachers’ pension fund will remain financially sound.
Proposition 9 is required so the amount being transferred for the cost-of-living adjustment does not exceed the Texas Constitution’s limit on state spending.”
Proposition 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.”
LWV Explanation: “Proposition 10 would remove property taxes on equipment or inventory belonging to manufacturers of medical or biomedical products. Texas in one of only a few states that applies a property tax on the equipment and inventory of medical and biomedical companies. In Texas, property taxes pay for local government services such as police, firefighters, libraries, and public education. Property tax on other property of medical and biomedical companies will remain.”
Proposition 11: “The constitutional amendment authorizing the legislature to permit conservation and reclamation districts in El Paso County to issue bonds supported by ad valorum taxes to fund the development and maintenance of parks and recreational facilities.”
LWV Explanation: “In 2003, the Texas Constitution was amended to give conservation and reclamation districts (such as municipal utility districts, known as “MUDs”) in eleven counties across Texas the ability to issue bonds to fund the development and maintenance of parks and recreational facilities. El Paso County was not included in the list of counties, so it currently does not have this ability, resulting in an underfunded parks system across the county. Proposition 11 would include El Paso County on the list of Texas counties that allow their conservation reclamation districts to issue bonds to develop recreational facilities. These bonds would be supported by property taxes, but could only be authorized if voters of the district approve them.”
Proposition 12: “The constitutional amendment providing for the abolition of the office of county treasurer in Galveston County.”
LWV Explanation: Proposition 12 would eliminate the office of the county treasurer in Galveston County effective January 1, 2024. The members of the Commissioners Court of Galveston County would assign the duties of the treasurer’s office to individuals in other county offices (such as auditors, chief financial officer, county clerk) or would contract the work out to other individuals. Nine other counties in Texas have eliminated the treasurer’s office.
The current county treasurer, elected in 2022, ran on a platform to abolish the county treasurer’s position. This amendment takes effect if this constitutional amendment is approved by a majority of statewide voters and if a majority of Galveston County voters approve abolishing the office in the November 7, 2023 election.”
Proposition 13: “The constitutional amendment to increase the mandatory age of retirement for state justices and judges.”
LWV Explanation: “Currently, the Texas Constitution”
- Requires that a state judge retires at the end of the term in which he or she turns 75.
- Allows the state legislature to set a lower mandatory retirement age, not less than 70.
- Requires a state judge elected to a six-year term to retire by December 31st of their fourth year of the term if they reach the age of 75 during those first four years.
Proposition 13 would:
- Raise the mandatory retirement age for a state judge to 79 (instead of 75).
- Allow the legislature to set a lower age, not less than 75 (instead of 70).
- Repeal the provision regarding mandatory retirement at the end of the fourth year in a six-year term for those judges reaching age 75 during the first four years.
Proposition 14: “The constitutional amendment providing for the creation of a centennial parks conservation fund to be used for the creation and improvement of state parks.”
LWV Explanation: “Proposition 14 directs up to $1 billion from the current budget surplus and other sources to create the centennial parks conservation fund, a dedicated pool of money to buy land for the creation and improvement of state parks. Texas state parks contain diverse wildlife, natural landscapes and important cultural and historical sites. Population growth and loss of land to housing and commercial development, combined with increased demand for outdoor recreation, have led to crowding and some park closures. More than 95% of land in Texas is privately owned and every year land is getting more expensive to buy.”