14 constitutional amendments will be on this November’s ballot; 13 from the 88(R) Legislative Session and 1 from the 88th Second Called Special Session. Below is a compilation of summaries of the propositions on this November’s ballot. Specific detailed language on these constitutional amendments can be found in this Texas Legislative Council Report and this House Research Organization Report.
Proposition 1 – HJR 126
“The constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management.”
- Creates a new right for people to engage in generally accepted farm, ranch, timber production, horticulture, and wildlife management practices on land they own or lease
- Does not affect the legislature’s authority to authorize state or local regulation of those agricultural practices when necessary to protect health and safety, animal health and crop production, or natural resources, or to use the power of eminent domain
Proposition 2 – 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.”
- Authorizes the governing body of a county or municipality to exempt from ad valorem taxation all or part of the appraised value of real property used to operate a child-care facility
- Authorizes the governing body of the county or municipality to adopt the exemption as a percentage of the appraised value of the property, provided that the percentage adopted by the governing body is not less than 50 percent
- Authorizes the legislature by general law to define “child-care facility” for purposes of the exemption and to prescribe eligibility requirements for the exemption
Proposition 3 – 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.”
- Prohibits the legislature from imposing a tax on the wealth or net worth of individuals or families
- Would specifically cover a tax on the amount equal to the difference between the assets and liabilities of an individual or family
Proposition 4 – HJR 2 (2nd Special Session)
“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.”
- Authorizes the legislature to establish a temporary limit on the maximum appraised value of real property other than a residence homestead in a tax year of the lesser of the market value of the property or 120 percent, or a greater percentage, of the appraised value of the property for the preceding tax year
- SB 2 implements this appraisal limit so that the appraised value of real property does not increase by more than 20 percent a year for the next three years.
- Increases the portion of the market value of a residence homestead that is exempt from ad valorem taxation for public school purposes from $40,000 to $100,000
- Provides for a reduction of the limitation, or “tax freeze,” on the total amount of ad valorem taxes that may be imposed for public school purposes on the homestead of an elderly or disabled person to reflect increases in the amount of school district residence homestead exemptions, including the increase to $100,000 described above and any future increases
- Excepts appropriations of state tax revenue for purposes of paying for ad valorem tax relief from the constitutional limit on the rate of growth of appropriations
- This change has the effect of exempting state payments to reduce school district taxes from the general state spending cap on appropriations and applies to the amounts appropriated by the 88th Legislature to decrease school tax rates as directed by SB 2
- Authorizes the legislature to provide for four-year terms for members of the governing body of an appraisal district established for a county with a population of 75,000 or more
- SB 2, which provides for a combination of elected and appointed appraisal district board members in counties with a population of 75,000 or more if this amendment is approved, increases the terms of board members in those populous counties to four years
Proposition 5 – 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.”
- Proposes an amendment to the Texas Constitution to rename the national research university fund as the Texas University Fund
- Excludes state universities that are supported by the Permanent University Fund from eligibility to receive money from the Texas University Fund, and exempt money in the fund and state tax revenues appropriated to the fund from the constitutional state spending cap, which generally limits the rate of growth of appropriations
- Provides for a dedicated source of revenue for the Texas University Fund from the interest income, dividends, and investment earnings attributable to the state’s economic stabilization fund (“rainy day fund”), not to exceed $100 million per state fiscal year, as adjusted for inflation up to two percent per state fiscal year after the 2024 state fiscal year
Proposition 6 – SJR 75
“The constitutional amendment creating the Texas water fund to assist in financing water projects in this state.”
- Creates the New Texas Water Supply for Texas Fund and the Texas Water Fund
- The New Texas Water Supply for Texas Fund will have the goal of financing projects to procure seven million acre-feet of new water supplies by December 31, 2033; among the allowable uses of the fund is financial assistance for desalination, produced water treatment, aquifer storage and recovery, and infrastructure to transport water related to these uses
- The Texas Water Fund is outside the general revenue fund and could be used for transfers to the Water Assistance Fund, the New Texas Water Supply for Texas Fund, the State Water Implementation Fund for Texas, State Water Implementation Revenue Fund for Texas, and the Rural Water Assistance Fund, among others
Proposition 7 – 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.”
- Bill creates the Texas Energy Fund
- Total $10b in the bill to enhance electric reliability, generation, and resilience
- $7.2b of which is for loans and completion bonuses for those who build dispatchable generation in the state
- $1b of which is for non-ERCOT areas to improve their resiliency
- SB 2112 was amended on to the bill in the conference committee report which adds $1.8b for the Texas Power Promise Program for distributed generation
- The loan interest rate is 3% and the loan structure of a 60/40 split
Proposition 8 – HJR 125
“The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.”
- Directs $1.5 billion of state funds to the Texas Broadband Infrastructure Fund to be administered by the Comptroller
- $175 million for 9-1-1 and Next Generation 9-1-1 and $75 million for the Pole Replacement Program
- $1.2 billion for broadband deployment and to meet the federal BEAD Program match
- Funds can also be used for expanding access in economically distressed areas and in administering/enforcing this legislation
Proposition 9 – 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.”
- $3.4 billion to provide a cost-of-living adjustment to eligible TRS retirees
Proposition 10 – 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.”
- Exempts medical or biomedical property located in a medical or biomedical manufacturing facility from property taxation
- Medical or biomedical property includes devices, therapeutics, pharmaceuticals, personal protective equipment, manufacturing items, component parts, etc.
Proposition 11 – 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.”
- El Paso was left out of a previous constitutional amendment in 2003 giving certain conservation and reclamation this ability
Proposition 12 – HJR 134
“The constitutional amendment providing for the abolition of the office of county treasurer in Galveston County.”
- Consolidates the duties of the county treasurer office in Galveston into other offices and would “reduce the risk of the misappropriated funds”
Proposition 13 – HJR 107
“The constitutional amendment to increase the mandatory age of retirement for state justices and judges.”
- Increases range of 70-75 to 75-79
Proposition 14 – 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.”
- The bill creates a $1 billion endowment – the Centennial Parks Conservation Fund
- The trust fund is a permanent endowment with a one-time investment managed by the Texas Treasury Safekeeping Trust Company for the purpose of purchasing real property for the expansion and creation of state parks
- TPWD may request to expend funds from the trust fund for acquiring real property only