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Texas Constitutional Amendments Election (Explanatory Ballot Statements)
Texas SOS ^ | 11/03/2009

Posted on 11/03/2009 11:54:02 AM PST by BuckeyeTexan

Explanatory Statements for the November 3rd, 2009 Constitutional Amendment Election

Proposition 1 (HJR 132)

HJR 132 would amend the constitution to authorize the legislature to allow a municipality or a county to issue bonds and notes to finance the purchase of buffer areas or open spaces adjacent to military installations. The buffer areas would be used to prevent encroachment or to construct roadways utilities, or other infrastructure to protect or promote the mission of the military installation. The municipality or county may pledge increases in ad valorem tax revenues for repayment of the bonds or notes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the financing, including through tax increment financing, of the acquisition by municipalities and counties of buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or for the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation."

Proposition 2 (HJR 36 - #1)

HJR 36 would amend the constitution to authorize the legislature to provide for the taxation of a residence homestead solely on the basis of the property's value as a residence homestead, regardless of whether the property may have a higher value if it were used for other purposes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property’s value as a residence homestead."

Proposition 3 (HJR 36 - #3)

HJR 36 would amend the constitution to require the legislature to provide for the administration and enforcement of uniform standards and procedures for appraisal of property for ad valorem tax purposes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment providing for uniform standards and procedures for the appraisal of property for ad valorem tax purposes."

Proposition 4 (HJR 14 - #2)

HJR 14 would amend the constitution to establish the national research university fund to provide a source of funding that will enable emerging research universities in this state to develop into major research universities. The amendment would require the legislature to dedicate state revenue to the fund and to transfer the balance of the existing higher education fund to the national research university fund. This amendment would further require the legislature to establish the criteria by which a state university may become eligible to receive and use distributions from the fund.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment establishing the national research university fund to enable emerging research universities in this state to achieve national prominence as major research universities and transferring the balance of the higher education fund to the national research university fund."

Proposition 5 (HJR 36 - #2)

HJR 36 would amend the constitution to authorize the legislature to allow for a single appraisal review board for two or more adjoining appraisal entities that elect to provide for consolidated reviews of tax appraisals.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations."

Proposition 6 (HJR 116)

HJR 116 would amend the constitution to authorize the Veterans' Land Board to issue general obligation bonds, subject to certain constitutional limits, for the purpose of selling land and providing home or land mortgage loans to veterans of the state.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the Veterans ’ Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized."

Proposition 7 (HJR 127)

HJR 127 would amend the constitution to allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices."

Proposition 8 (HJR 7)

HJR 7 would amend the constitution to authorize the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veterans’ hospitals in this state.

The proposed amendment would appear on the ballot as follows: “The constitutional amendment authorizing the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veterans hospitals in this state.”

Proposition 9 (HJR 102)

HJR 102 would define what is a state-owned public beach. The public, individually and collectively, would have an unrestricted right to use and a right of ingress to and egress from a public beach. The amendment would authorize the legislature to enact laws to protect these rights.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward shore of the Gulf of Mexico."

Proposition 10 (HJR 85)

HJR 85 would amend the constitution to authorize the legislature to provide that members of the governing board of an emergency services district may serve terms not to exceed four years.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to provide that elected members of the governing boards of emergency services districts may serve terms not to exceed four years."

Proposition 11 (HJR 14 - #1)

HJR 14 would amend the constitution to provide that the taking of private property for public use (“eminent domain”) is authorized only if it is for the ownership, use, and enjoyment of the property by the State, its political subdivisions, the public at large, or by entities granted the power of eminent domain, or for the removal of urban blight. The amendment would prohibit the taking of private property for transfer to a private entity for the purpose of economic development or to increase tax revenues. The amendment would also limit the legislature's authority to grant the power of eminent domain in the future unless it is approved by a two-thirds vote of all the members elected to each house.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature ’s authority to grant the power of eminent domain to an entity."


TOPICS: Constitution/Conservatism; Government; Politics/Elections; US: Texas
KEYWORDS: amendment; constitution; election; texas
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Recommended conservative positions for these amendments are as follows.

Prop 1: No
Prop 2: Yes
Prop 3: No
Prop 4: No
Prop 5: No
Prop 6: Neutral
Prop 7: Yes
Prop 8: No
Prop 9: No
Prop 10: No
Prop 11: No

http://www.aipnews.com/talk/forums/thread-view.asp?tid=9697&posts=1

1 posted on 11/03/2009 11:54:04 AM PST by BuckeyeTexan
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To: Pantera; TWfromTEXAS; BoringGuy; Richard Kimball; girlscout; omegabea; Warrior_Queen; erkyl; ...
Ping

(Not exactly related to 2010 TX Gubernatorial race, but pinging anyway.)

2 posted on 11/03/2009 11:57:08 AM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan

Curious as to why you think opposition to a restriction on eminent domain (prop 11) is a conservative position. Narrowing the definition of “public use” to actually mean “public use” rather than allowing any confiscation of private property - even for the purpose of simply transferring it to another more “favored” private property owner - is consistent with constitutional restraint of government power. Under the current legal environment, I saw homeowners in Hurst Texas robbed of their homes under eminent domain condemnations of their property so that the city of Hurst could then hand their homes over to Simon DeBartolo (of the San Francisco 69ers DeBartolo family) so he could expand Northeast Mall. These families were “compensated” for the taking of their property in the neighborhood of 50 cents on the dollar or less. Proposition 11 would prohibit this sort of confiscation for the purpose of transferring private property from on private party to another.


3 posted on 11/03/2009 12:03:33 PM PST by VRWCmember
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To: BuckeyeTexan

It’s extra important to have a good voter turnout this soon after the 9/12 Tea Party to let them know we are still engaged and are keeping our eyes on them. So go vote!


4 posted on 11/03/2009 12:04:01 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan

Why a “No” on #11? Sounds like it is meant to prevent the taking of private property to benefit other private companies?


5 posted on 11/03/2009 12:04:20 PM PST by Liberty Tree Surgeon (Mow your own lawn!)
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To: VRWCmember

From the link:

This is an effort to provide further protections from the abuses of eminent domain that can arise thanks to the Supreme Court decision Kelo v. City of New London (2005).

Unfortunately, the wording in the statute authorizing this Amendment is very deceptive. It was changed numerous times during the legislative session and the final version was amended to include the authorization for Amendment #4, the University funding Amendment. Needless to say that’s very shaky ground to begin with, especially when the original wording was much stronger before all the adjustments occurred.

Secondly, this authorizes the legislature to grant eminent domain authority to any undefined “entity” it wishes with a simple 2/3rds vote and we don’t believe that that’s a high enough hurdle! They’ve already granted eminent domain authority to some utilities and hospitals, do we really want that to continue with just a simple 2/3rds vote? I’d rather this one go back to the drawing board and be written up with some real teeth to it and if that’s too difficult, too bad.

Finally, the appearance of this bill is as though the legislature simply wanted to pass some kind of eminent domain restrictions and if we the people vote it down, they can say it’s our fault. Well, we’ve had enough of legislatures not doing the job that we the people sent them to do and then expecting us to live with the results. This should not only be voted down, but those legislators who openly and actively supported it should have to account for why the bill was weakened repeatedly throughout the session and why they haven’t enacted tougher restrictions already. It’s only our fault that they don’t do their jobs, if we don’t vote them out when we have the opportunity.

(I may vote yes on this. I think more restrictions on eminent domain are good, but I see the author’s point.)


6 posted on 11/03/2009 12:07:43 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: Liberty Tree Surgeon

See comment #6. I may vote yes on this. I am undecided right now.


7 posted on 11/03/2009 12:09:04 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan
GOSH! Peggy Venebale of the very conservative Americans for Prosperity sent out a different suggestion. An excerpt of it follows, so would you let me know what organization sent you a different list?

"Here are our recommendations:

FOR: Props 2, 3, 5, 7, 11

AGAINST: Props 1, 4, 6, 8, 9, 10

If you have any questions about our recommendations, please e-mail us at info@afptx.org."

I'm especially concerned about #11 and eminent domain rights. (I cast my votes early today.) THANKS!

Regards . . . Penny

8 posted on 11/03/2009 12:09:35 PM PST by Penny
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To: BuckeyeTexan

How is Prop #9 different than the status quo?


9 posted on 11/03/2009 12:10:21 PM PST by SSS Two
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To: BuckeyeTexan

How is Prop #9 different than the status quo?


10 posted on 11/03/2009 12:10:23 PM PST by SSS Two
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To: SSS Two

From the link:

Unfortunately, this Amendment would further undermine the property rights of individual home owners whose property borders those public beaches that exist in the State of Texas. The wording that is used “a free and unrestricted right to access” is very troublesome and fails to place any benefits on the side of those individual homeowners.


11 posted on 11/03/2009 12:12:01 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan
Prop 4 should be a yes.

There already exists such a fund, but it is restricted for the use of The University of Texas, Texas A & M University, and Prairie View A & M. The new fund would be available to all Texas universities.

There is no provision in this amendment for adding money to the fund. It's just a wider division. The fund is based on revenues from land owned by the fund (mostly oil royalties) and is a legacy of the old land grant system.

12 posted on 11/03/2009 12:14:28 PM PST by SeeSharp
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To: Penny

Check out the vote explanations at the link provided in #1.

Did Peggy Venebale explain the reasons for their positions? I’d like to review them if you have them.


13 posted on 11/03/2009 12:14:31 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: SeeSharp

From the link:

While proponents of this say that it is an effort to increase funding for our Universities that will result in a higher profile and thus greater academic competitiveness, this is really about providing a limitation on other universities around the state so that an elite handful can have more money to play with.

Technically, this proposal wouldn’t raise taxes, as it is money that’s already been set aside for education, however we believe, as do others, that this will simply result in and encourage further reliance on the taxpayers, rather than causing universities to seek additional private funding.

The other argument being used that this would somehow elevate the profile of these “research universities” and thus provide some additional benefits to the students who attend them, is completely unsupportable with any amount of research. Most universities simply act like “compulsive gamblers and exiled royalty; there is never enough money to satisfy their desires.” That quote is from former Harvard president Derek Bok.


14 posted on 11/03/2009 12:17:00 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan
Secondly, this authorizes the legislature to grant eminent domain authority to any undefined “entity” it wishes with a simple 2/3rds vote and we don’t believe that that’s a high enough hurdle!

2/3 vote in BOTH houses. Using the word "simple" with "2/3 vote in both houses" reminds me of Fezzig and Indigo Montoya and Fezzig's repeated use of the word "inconceivable".

15 posted on 11/03/2009 12:17:22 PM PST by VRWCmember
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To: Penny

#3 is good only if you can be sure the Lege will remain in semi-conservative hands. I like my Appraisal District (AD)fine - I’d hate the Houston representatives to have any say in defining how the WHOLE State’s AD’s do things. I’d vote NO on #3.


16 posted on 11/03/2009 12:19:19 PM PST by Liberty Tree Surgeon (Mow your own lawn!)
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To: BuckeyeTexan

CERTAINLY . . . I just sent it to you . . . (copy of the complete text of her e-mail).


17 posted on 11/03/2009 12:19:59 PM PST by Penny
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To: VRWCmember

That’s kind of where I am at this point. 2/3 is a pretty heavy requirement. A simple Democratic majority in either house won’t allow them to monkey with this provision.


18 posted on 11/03/2009 12:20:05 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan

Harvard president Derek Bok knows nothing about the Texas university system. This is about the Texas Permanent University Fund (a.k.a “the Puff”). Those universities that do not get distributions from the fund have to go to the legislature every two years for funding. The lucky three that are supported by the fund get hundreds of millions from the fund without any need for taxation.


19 posted on 11/03/2009 12:29:24 PM PST by SeeSharp
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To: BuckeyeTexan

>> Secondly, this authorizes the legislature to grant eminent domain authority to any undefined “entity” it wishes with a simple 2/3rds vote and we don’t believe that that’s a high enough hurdle!

With all due respect, that’s insane. 2/3 of a conservative Texas legislature is a helluva lot more of an impediment than the ZERO impediment currently in place on every greedy corrupt municipality and school board.

Vote YES on 11.

If something stronger ends up on the ballot, fine — vote YES on that too!


20 posted on 11/03/2009 12:40:13 PM PST by Nervous Tick (Stop dissing drunken sailors! At least they spend their OWN money.)
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