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Texas Constitutional Amendments

Proposed Amendments on the November 5, 2019 ballot

Early voting is Monday, October 21, 2019 – Friday, November 1, 2019
Election Day is Tuesday, November 5, 2019 from 7:00 AM – 7:00 PM

Proposition 1:

HJR 72 by White (Huffman)

Proposition 1 would amend Texas Constitution Art.
3 to allow a person to hold office as municipal judge in
more than one municipality at the same time, regardless of
whether the person was elected or appointed to each office.

The ballot proposal reads: “The constitutional
amendment permitting a person to hold more than one
office as a municipal judge at the same time.”

Proposition 2:

SJR 79 by Lucio (M. González)

Proposition 2 would add sec. 49-d-14 to Art. 3 of the
Texas Constitution to allow the Texas Water Development
Board (TWDB) to issue additional general obligation
bonds for the Economically Distressed Areas Program
account. The bonds would be used to provide financial
assistance for developing water supply and sewer service
projects in economically distressed areas of the state.
TWDB could issue the bonds in amounts such that the
aggregate principal amount of the bonds issued under the
amended section that were outstanding at any time did
not exceed $200 million.

The bonds would be sold in forms and
denominations, on terms, at times, in the manner, at
places, and in installments as determined by TWDB. The
board also would determine the rate or rates of interest the
bonds would bear

The ballot proposal reads: “The constitutional
amendment providing for the issuance of additional
general obligation bonds by the Texas Water Development
Board in an amount not to exceed $200 million to provide
financial assistance for the development of certain projects
in economically distressed areas.”

Proposition 3:

HJR 34 by Shine (Bettencourt)

Proposition 3 would amend Texas Constitution Art.
8, sec. 2 to allow the Legislature by general law to provide
that a person who owned property in a governor-declared
disaster area was entitled to a temporary exemption from
property taxes by a political subdivision for a portion of
the property’s appraised value. The law could provide that
if the disaster was declared on or after the date the political
subdivision adopted a tax rate for the year, a person
would be entitled to the exemption for that year only if
the exemption was adopted by the governing body of the
political subdivision. The Legislature could prescribe the
method of determining the amount and duration of the
exemption, as well as any other eligibility requirements.

The ballot proposal reads: “The constitutional
amendment authorizing the legislature to provide for
a temporary exemption from ad valorem taxation of a
portion of the appraised value of certain property damaged
by a disaster.”

Proposition 4:

HJR 38 by Leach (Fallon)

Proposition 4 would add sec. 24-a to Art. 8 of the
Texas Constitution to prohibit the Legislature from
imposing a net income tax on individuals, including
on individuals’ shares of partnership or unincorporated
association income.

The ballot proposal reads: “The constitutional
amendment prohibiting the imposition of an individual
income tax, including a tax on an individual’s share of
partnership and unincorporated association income.”

Proposition 5:

SJR 24 by Kolkhorst (Cyrier)

Proposition 5 would add sec. 7-d to Art. 8 of the
Texas Constitution, automatically appropriating the net
revenue received each state fiscal year from the collection
of the sporting goods sales tax to the Texas Parks and
Wildlife Department (TPWD) and the Texas Historical
Commission (THC). The Legislature could by general
SJR 24 by Kolkhorst (Cyrier) law limit the use of money appropriated under the
proposition.

Proposition 5 would prohibit money automatically
appropriated to TPWD and THC under the proposal
from being considered available for certification of
the budget by the comptroller as provided by Texas
Constitution Art. 3, sec. 49a(b).

The Legislature could, by adoption of a resolution
approved by a record vote of two-thirds of the membership
of each house, direct the comptroller to reduce by up to 50
percent the amount that would otherwise be appropriated
to TPWD and THC. The comptroller could make
that reduction only in the state fiscal year in which the
resolution was adopted or in either of the following two
state fiscal years.

The proposition would define “sporting goods” as
items of tangible personal property designed and sold for
use in a sport or sporting activity, excluding apparel and
footwear except that which is suitable only for use in a
sport or sporting activity. Excluded from the definition
would be board games, electronic games and similar
devices, aircraft and powered vehicles, and replacement
parts and accessories for any excluded item.

If approved by voters, Proposition 5 would take effect
September 1, 2021, and would apply only to state tax
revenue collected on or after that date.

The ballot proposal reads: “The constitutional
amendment dedicating the revenue received from
the existing state sales and use taxes that are imposed
on sporting goods to the Texas Parks and Wildlife
Department and the Texas Historical Commission to
protect Texas’ natural areas, water quality, and history by
acquiring, managing, and improving state and local parks
and historic sites while not increasing the rate of the state
sales and use taxes.”

Proposition 6:

HJR 12 by Zerwas (Nelson)

Proposition 6 would amend Texas Constitution Art.
3, sec. 67(c) to increase from $3 billion to $6 billion the
maximum amount of general obligation bonds the Texas
Public Finance Authority could provide for, issue, and sell
on behalf of the Cancer Prevention and Research Institute
of Texas.

The ballot proposal reads: “The constitutional
amendment authorizing the legislature to increase by $3
billion the maximum bond amount authorized for the
Cancer Prevention and Research Institute of Texas.”

Proposition 7:

HJR 151 by Huberty (Taylor)

Proposition 7 would amend Texas Constitution
Art. 7, sec. 5(g) to allow the State Board of Education,
the General Land Office, or another entity that had
responsibility for the management of revenues derived
from Permanent School Fund land or other properties to
distribute each year to the Available School Fund revenue
derived during that year from the land or properties, up to
$600 million by each entity each year.

The ballot proposal reads: “The constitutional
amendment allowing increased distributions to the
available school fund.”

Proposition 8:

HJR 4 by Phelan (Creighton)

Proposition 8 would add sec. 49-d-14 to Art. 3 of the
Texas Constitution to create the Flood Infrastructure Fund
as a special fund in the state treasury outside the general
revenue fund. As provided by general law, the fund could
be used by the Texas Water Development Board without
further appropriation to provide financing for drainage,
flood mitigation, or flood control projects, including:
• planning and design activities;
• work to obtain related regulatory approval to
provide nonstructural and structural flood
mitigation and drainage; or
• construction of flood mitigation and drainage
infrastructure.
Separate accounts could be established in the Flood
Infrastructure Fund.

The ballot proposal reads: “The constitutional
amendment providing for the creation of the flood
infrastructure fund to assist in the financing of drainage,
flood mitigation, and flood control projects.”

Proposition 9:

HJR 95 by Capriglione (Fallon)

Proposition 9 would amend Texas Constitution Art.
8 to authorize the Legislature to exempt from property
taxes precious metal held in a precious metal depository in
Texas. The Legislature could define “precious metal” and
“precious metal depository” for purposes of the exemption.

The ballot proposal reads: “The constitutional
amendment authorizing the legislature to exempt from ad
valorem taxation precious metal held in a precious metal
depository located in this state.”

Proposition 10:

SJR 32 by Birdwell (Tinderholt)

Proposition 10 would add sec. 521 to Art. 3 of the
Texas Constitution to allow the Legislature to authorize a
state agency or a county, municipality, or other political
subdivision to transfer without fee a law enforcement dog,
horse, or other animal to the animal’s handler or another
qualified caretaker upon the animal’s retirement or at
another time if it was in the animal’s best interest.

The ballot proposal reads: “The constitutional
amendment to allow the transfer of a law enforcement
animal to a qualified caretaker in certain circumstances.”

https://hro.house.texas.gov/pdf/focus/amend86.pdf