HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Places » U.S. » Texas (Group) » HELP PLEASE! … … …  The U...

Wed Oct 9, 2013, 04:55 PM

HELP PLEASE! … … …  The Upcoming Election November 5th, and the Nine Amendments

I do not speak legalese, and therefore do not understand any of these amendments. Can someone help me understand them and which ones are good and which ones are evil?



Thanks


“This fall voters will be asked to approve 9 amendments to the Texas Constitution,” said Secretary Steen. “By randomly selecting the order in which the amendments appear, we can help ensure no amendment unfairly benefits from its placement on the ballot.”

The amendments will appear in the following order:

Proposition 1 (HJR 62) The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed in action.

Proposition 2 (HJR 79) The constitutional amendment eliminating an obsolete requirement for a State Medical Education Board and a State Medical Education Fund, neither of which is operational.

Proposition 3 (HJR 133) The constitutional amendment to authorize a political subdivision of this state to extend the number of days that aircraft parts that are exempt from ad valorem taxation due to their location in this state for a temporary period may be located in this state for purposes of qualifying for the tax exemption."

Proposition 4 (HJR 24) The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of part of the market value of the residence homestead of a partially disabled veteran or the surviving spouse of a partially disabled veteran if the residence homestead was donated to the disabled veteran by a charitable organization.

Proposition 5 (SJR 18) The constitutional amendment to authorize the making of a reverse mortgage loan for the purchase of homestead property and to amend lender disclosures and other requirements in connection with a reverse mortgage loan.

Proposition 6 (SJR 1) The constitutional amendment providing for the creation of the State Water Implementation Fund for Texas and the State Water Implementation Revenue Fund for Texas to assist in the financing of priority projects in the state water plan to ensure the availability of adequate water resources.

Proposition 7 (HJR 87) The constitutional amendment authorizing a home-rule municipality to provide in its charter the procedure to fill a vacancy on its governing body for which the unexpired term is 12 months or less.

Proposition 8 (HJR 147 and SJR 54) The constitutional amendment repealing Section 7, Article IX, Texas Constitution, which relates to the creation of a hospital district in Hidalgo County.

Proposition 9 (SJR 42) The constitutional amendment relating to expanding the types of sanctions that may be assessed against a judge or justice following a formal proceeding instituted by the State Commission on Judicial Conduct.

Adding a sense of history to today’s event, the actual 1876 Texas Constitution was displayed and the amendments were drawn from a wooden box made from materials from the home where Texas delegates met at Washington-on-the-Brazos to declare independence from Mexico in 1836.

“Texas still operates under the 1876 Constitution so its presence is a good reminder about the importance and lasting impact of amending this document,” said Steen.

The 1876 Constitution and historic wood box were generously made available by the Texas State Library and Archives Commission, which also hosted the event at the Lorenzo de Zavala State Archives and Library Building.

As part of his presentation, Secretary Steen reminded voters that the November 5 election will be the first statewide election with new photo ID requirements in effect for voting in person.

“Now is a good time for voters to make sure they have the appropriate photo ID and update their registration if their voter registration does not match the name on their ID,” said Steen. “To learn more, voters are encouraged to visit VoteTexas.gov or contact their county elections office.”

Voters ages 65 and older and those with a disability may vote by mail for any election.

For more information about voting in Texas, visit: www.votetexas.gov

For more information about the Texas State Library and Archives Commission, including the 1876 Constitution, visit: https://www.tsl.state.tx.us/

http://www.sos.state.tx.us/about/newsreleases/2013/080513.shtml


14 replies, 3108 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 14 replies Author Time Post
Reply HELP PLEASE! … … …  The Upcoming Election November 5th, and the Nine Amendments (Original post)
MagickMuffin Oct 2013 OP
gopiscrap Oct 2013 #1
MagickMuffin Oct 2013 #5
northoftheborder Oct 2013 #2
MagickMuffin Oct 2013 #6
tanyev Oct 2013 #3
MagickMuffin Oct 2013 #7
dem in texas Oct 2013 #4
MagickMuffin Oct 2013 #8
flamin lib Oct 2013 #9
MagickMuffin Oct 2013 #12
WolverineDG Oct 2013 #10
MagickMuffin Oct 2013 #13
MagickMuffin Oct 2013 #11
They_Live Oct 2013 #14

Response to MagickMuffin (Original post)

Wed Oct 9, 2013, 05:11 PM

1. Wow I didn't know Texas was doing this

Reply to this post

Back to top Alert abuse Link here Permalink


Response to gopiscrap (Reply #1)

Wed Oct 9, 2013, 07:36 PM

5. Same here. Got the notice from Tarrant County Elections

I'm a precinct chair and was notified (today) if I would be working the election. That's when I read there were amendments to vote on. And I had no idea there would be nine to vote on.




I did know there were going to be an election in November, but thought it was for bond related issues.

I bet there are a lot of Texans that don't know about it either. Sneaky, sneaky

Reply to this post

Back to top Alert abuse Link here Permalink


Response to MagickMuffin (Original post)

Wed Oct 9, 2013, 05:15 PM

2. League of Women Voters has a detailed description on their website:

This is the page:

http://www.lwvtexas.org/ConstitutionalAmendments.php

It lists the amendments as will appear on the ballot, then at the bottom of the page under "Texas Voters Decide" are links to press releases from the past month explaining each.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to northoftheborder (Reply #2)

Wed Oct 9, 2013, 07:38 PM

6. Thanks, I forgot about the LOWV

They've been pushed out of playing a role in informing voters I guess by doing so it is working.

I will most definitely check them out!


Reply to this post

Back to top Alert abuse Link here Permalink


Response to MagickMuffin (Original post)

Wed Oct 9, 2013, 05:36 PM

3. Thanks for posting this.

I need to learn more about these, too.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to tanyev (Reply #3)

Wed Oct 9, 2013, 07:39 PM

7. Definitely a lot to vote on!

I hope the media does its job and informs everyone.



Reply to this post

Back to top Alert abuse Link here Permalink


Response to MagickMuffin (Original post)

Wed Oct 9, 2013, 06:29 PM

4. Dallas Morning News had article about them

Last week, explained what they meant and if the DMN thought you ought to vote for them. Some are needed, like closing out the medical education boards and allowing Hidalgo county to build a hospital. What is so stupid is that we have to vote these things as constitution ammendents all the time. It is time for a new constitution, wait - I take that back. With our ultra-right wing wacko legislature, they'd write a law to make all the Democrats move to Presidio.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to dem in texas (Reply #4)

Wed Oct 9, 2013, 07:42 PM

8. I will check their website

However, the DMN does tend to lean a little bit to right for my taste. But having the amendments explained so I can understand them will definitely be beneficial.

Thanks!

Reply to this post

Back to top Alert abuse Link here Permalink


Response to MagickMuffin (Original post)

Thu Oct 10, 2013, 11:10 AM

9. As I read them (and please correct me)

prop 1 exempts the spouse of a service member killed in action from some or all property taxes on the homestead.

prop 2 disbands the State Medical Education Board and cancels funding for scholarships to medical students if they promise to locate in and serve in rural areas.

prop 3 eliminates taxes on aircraft parts located for short times within the state. Sort of turns the state into a duty free zone for transient airplane parts as far as local taxes are concerned.

prop 4 does what prop 1 does for disabled service members and surviving spouses if the homestead was donated to them by a charitable organization. For instance if the Wounded Warrior Project gives a house to a wounded vet it will be property tax exempt.

prop 5 changes the disclosure rules for reverse mortgage lenders. Not sure what the rest of it is (state issuing the mortgage?) or what the changes are. I'll have to look into this one and if I find details will post them here as a new reply.

prop 6 provides state funding for the creation and management of state water supplies. Things like financing new reservoirs, managing water usage i.e. irrigation vs municipal drinking water.

prop 7 allows cities and municipalities to write rules for filling a vacancy on the governing board for even short term vacancies. For instance a city council place is vacated 6 months before the next election. Does not prescribe the rules but allows to write them.

prop 8 allows Hidalgo county to create a hospital district but restricts property tax funding to $.10/100. property value (opposed to .75/100).

prop 9 expands penalties against judges after a hearing by the State Judicial Commission. Not sure what the changes are and why they are necessary. This needs more looking into and when/if I find out anything will include in the prop 5 reply.

If any of this is inaccurate PLEASE issue corrections.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to flamin lib (Reply #9)

Mon Oct 14, 2013, 02:53 PM

12. I Just Received An Email From Rep. Yvonne Davis

She explains the Amendments. Posted below.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to MagickMuffin (Original post)

Fri Oct 11, 2013, 07:32 AM

10. My government professor was a libertarian

& his advice when it comes to voting on amendments or charter revisions is to vote "no" because "they're up to something."

ymmv but I've found it handy to vote down stuff I don't understand.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to WolverineDG (Reply #10)

Mon Oct 14, 2013, 02:55 PM

13. I Just Received An Email From Rep. Yvonne Davis

Posted below. I think voting yes for the Democratic ones are probably the ones to vote in favor of republicons not so much. They are always up to something and it usually doesn't favor the citizens of Texas!



Reply to this post

Back to top Alert abuse Link here Permalink


Response to MagickMuffin (Original post)

Mon Oct 14, 2013, 02:50 PM

11. Just Received An Email From Rep. Yvonne Davis Concerning the Amendments

I added the name of the person who authored the amendments. I hope this proves to be somewhat helpful!




Proposition No. 1 ……… Based on HJR 62 authored by Rep. Chris Turner (D, Grand Prairie)
Ballot Text: The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed in action.

Summary: The proposed amendment will provide a property tax exemption for all or part of the home for a military widow whose spouse was killed in action. To qualify for the property tax exemption, the military widow cannot remarry after the death of their U.S. military spouse. Also, the military widow can keep the property tax exemption on a new house, but the exemption is limited to the previously exempted amount so long as the widow remains unmarried. This proposed amendment will apply for all tax years beginning on and after January 1, 2014, if approved by voters.

Supporters Say: Military widows are deserving of financial relief after their loss, and this exemption will provide real financial assistance.

Opponents Say: Local governments may need to raise property taxes to offset the loss created by the exemption, and it may encourage out-of-state military windows to move to Texas.

Proposition No. 2 ……… Based on HJR 79 by Rep. Dan Branch (R, Dallas)
Ballot Text: The constitutional amendment eliminating an obsolete requirement for a State Medical Education Board and a State Medical Education Fund, neither of which is operational.

Summary: The proposed amendment will remove the constitutional language that authorizes the State Medical Education Board (SMEB) and the State Medical Education Fund (SMEF). The SMEB and the SMEF were ineffective in their purpose of getting doctors to work in rural areas of Texas. Thereby, the functions of the SMEB and SMEF were transferred to another agency over 20 years ago.

Supporters Say: This removal would reduce our constitution and shrink state government by ending an obsolete governmental agency.

Opponents Say: No opposition was raised during the entire legislative process.

Proposition No. 3 ……… Based on HJR 133 by Rep. Linda Harper-Brown (R, Irving)
Ballot Text: The constitutional amendment to authorize a political subdivision of this state to extend the number of days that aircraft parts that are exempt from ad valorem taxation due to their location in this state for a temporary period may be located in this state for purposes of qualifying for the tax exemption.

Summary: The proposed amendment will allow municipalities, counties, or school districts to increase the time for tax exemption status for aircraft parts that are temporarily held by Texas businesses with the sole purpose of assembly, storage, manufacturing, or other processing before being transported out of Texas. However, the date cannot last longer than the 730th day after the date the person acquired or imported the aircraft parts in Texas. This proposed amendment will apply for all tax years beginning on and after January 1, 2014, if approved by voters.

Supporters Say: This local governmental option could promote economic development because it is common for aircraft parts to remain in warehouses for a long time due to their nature.

Opponents Say: Issues on uniformity in taxation exist since other industries may seek a similar exemption. Because the costs to the state and local government are unpredictable, some reluctance existed for individuals.

Proposition No. 4 ……… Based on HJR 24 by Rep. Charles Perry (R, Lubbock)
Ballot Text: The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of part of the market value of the residence homestead of a partially disabled veteran or the surviving spouse of a partially disabled veteran if the residence homestead was donated to the disabled veteran by a charitable organization.

Summary: The proposed amendment will provide a partial property tax exemption for a disabled veteran's home when the home was donated by a charitable organization. The exemption would be equal to the percentage of the veteran's disability. Also, current unmarried, military widows can receive the exemption if their military spouse met certain qualifications before their death. Further, the proposed amendment does not affect other exemptions where the veteran qualifies.

Supporters Say: Since a donated home can be a financial burden and service injuries may limit employment, deserving veterans can remain in their donated homes with this amendment.

Opponents Say: Issues on uniformity in taxation exist since it singles out a specific group for an exemption. Also, local governments' property tax bases could diminish with passage.

Proposition No. 5 ……… Based on SJR 18 by Sen. John Carona (R, Dallas)
Ballot Text: The constitutional amendment to authorize the making of a reverse mortgage loan for the purchase of homestead property and to amend lender disclosures and other requirements in connection with a reverse mortgage loan.

Summary: The proposed amendment will permit advances under a reverse mortgage for a home purchase when the buyer will occupy the home as their primary residence for a certain time after the mortgage closes. Additionally, a borrower must complete financial counseling before the reverse mortgage closes, and the lenders must provide detailed, written notices to a borrower that must be signed by all parties.

Supporters Say: Older Texans could buy a new house in one transaction using equity from their current home toward paying for the new home while requiring important safeguards.

Opponents Say: Home equity lending may leave senior Texans with greater debt than equity in their homes, which could make senior Texans more vulnerable to future financial difficulties.

Proposition No. 6 ……… Based on SJR 1 by Sen. Tommy Williams (R, The Woodlands)
Ballot Text: The constitutional amendment providing for the creation of the State Water Implementation Fund for Texas and the State Water Implementation Revenue Fund for Texas to assist in the financing of priority projects in the state water plan to ensure the availability of adequate water resources.

Summary: The proposed amendment will create the State Water Implementation Fund for Texas (SWIFT) and the State Water Implementation Revenue Fund for Texas (SWIRFT) as special funds to be controlled by the Texas Water Development Board (TWDB) for carrying out the state water plan. Further, the amendment allows the legislature to authorize the TWDB to: 1) enter into bond enhancement agreements, 2) to finance water projects by direct loans, and 3) to issue bonds and enter into related credit agreements. Finally, the amendment authorizes the transfer or deposit of state revenue into either the SWIFT or SWIRFT without actually making a transfer or deposit itself. However, if the amendment is approved, $2 billion from the Economic Stabilization Fund which is commonly known as the Rainy Day Fund would be transferred to SWIFT, as provided by H.B. 1025 of the 83rd Regular Legislative Session. Additionally, the proposed amendment's supporting law, H.B. 4, which was passed during the 83rd Regular Legislative Session contains more detailed information about the operation of the two water funds--SWIFT and SWIRFT.

Supporters Say: An adequate water supply is vital to Texans and Texas. So a proper funding program for water infrastructure is a necessary and proper use of the Rainy Day Fund.

Opponents Say: Using the Rainy Day Fund may leave Texas unable to respond to future emergencies. New funds are unnecessary since similar funds already exist for water development.

Proposition No. 7 ……… Based on HJR 87 by Rep. Sergio Munoz, Jr. (D, Palmview)
Ballot Text: The constitutional amendment authorizing a home rule municipality to provide in its charter the procedure to fill a vacancy on its governing body for which the unexpired term is 12 months or less.

Summary: The proposed amendment will authorize a municipality to provide the method including appointments to fill a vacancy on its governing body when the unexpired term is 12 months or less. However, the method must be specified in the municipality's charter or a charter amendment.

Supporters Say: The prevention of burdensome and costly special elections to fill a short-term vacancy better serves the community while preserving democratic accountability.

Opponents Say: Voting and elections are essential governmental functions that ensure democratic accountability. Corruption may occur by permitting appointments for vacant offices.

Proposition No. 8 ……… Based on HJR 147 by Rep. Bobby Guerra (D, Mission)
Ballot Text: The constitutional amendment repealing Section 7, Article IX, Texas Constitution, which relates to the creation of a hospital district in Hidalgo County.

Summary: The proposed amendment will repeal the constitutional provision that authorizes the creation of a hospital district in Hidalgo County and limits the property tax rate to support the hospital district to $0.10 for every $100 property valuation. However if approved, the amendment does not prevent Hidalgo County or an area within Hidalgo County from creating a hospital district.

Supporters Say: By removing the low property tax rate, Hidalgo County could create a sustainable hospital district that provides affordable healthcare to the county.

Opponents Say: By removing the restrictions on the property tax rate, Hidalgo County property owners may experience an increase in property taxes which could be as high as $0.75 for every $100 property valuation.

Proposition No. 9 ……… Based on SJR 42 by Sen. Joan Huffman (R, Houston)
Ballot Text: The constitutional amendment relating to expanding the types of sanctions that may be assessed against a judge or justice following a formal proceeding instituted by the State Commission on Judicial Conduct.

Summary: The proposed amendment will expand the punishments available to the State Commission on Judicial Conduct for judges after a formal proceeding into judicial misconduct. The new punishments include an order of public admonition, warning, reprimand, or requirement that the judge or justice obtain additional training or education. The proposed amendment will only apply to proceedings occurring on or after January 1, 2014, if approved by voters.

Supporters Say: By allowing the commission to use its full range of disciplinary actions, the commission's ability to discipline judges and deter judicial misconduct would be enhanced.

Opponents Say: The expansion of the commission's authority may diminish the public's confidence in the judiciary and unfairly harm individual judges due to meritless claims. Also, the commission may need more resources since formal proceedings may increase if the amendment passes.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to MagickMuffin (Original post)

Mon Oct 14, 2013, 06:59 PM

14. Thanks!

I printed out the response you received and will use it for study and as our cheat sheet.



Something squirrely is going on especially with the "Rainy Day Fund" and the Water/Road management issues, but I haven't figured out what the angle for PerryCo to screw everybody is yet.

I have this funny feeling that the disappearance of Lake Travis (near Austin) has to do with fracking in the South coastal plain regions, but that it hasn't yet been discovered (found out). The LCRA keeps saying that it is because of drought and diverting water for rice paddy farms. The lake levels have been decreasing steadily just as the fracking industry grew. Hmmm. Anyway, if PerryCo thinks it's important, it about him making money, not for the good of society or to help anyone (except those who would funnel money back into his crooked pockets).

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread