Tuesday, October 20, 2009

Constitutional Amendment Analysis on November Ballot

Dear Constituents,

I would like to pass along this information regarding the Constitutional Amendments you will be voting on, in the upcoming November Election. I hope this helps you as a voter to be as informed as possible.
Early voting starts October 19th!

Click here for early voting locations in Harris County:
Harris County Early Voting Locations

CONSTITUTIONAL AMENDMENT #1
The constitutional amendment authorizing the financing, including through tax increment financing, of 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.

Brief Explanation:
Allows the legislature to authorize by law for a city or county to issue bonds or notes to finance the acquisition of buffer areas or open spaces adjacent to a military base in order to prevent encroachment, or in order to construct roadways, utilities or other infrastructure to further the military base's mission.

CONSTITUTIONAL AMENDMENT #2
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.

Brief Explanation:
Allows for the taxation of a residence homestead to be based solely on the value of the property as a residence homestead, regardless of whether residential use by the homeowner is considered to be the highest and best use of the property. This amendment would extend protection to homeowners whose neighborhoods are in transition from residential uses to commercial development. This is a necessary constitutional amendment that could possibly benefit homeowners with their property tax appraisals.

CONSTITUTIONAL AMENDMENT #3The constitutional amendment providing for uniform standards and procedures for the appraisal of property for ad valorem tax purposes.

Brief Explanation:
This amendment would give the legislature full discretion to prescribe the manner of the enforcement of uniform appraisal standards and procedures in order to promote consistency and fairness.

CONSTITUTIONAL AMENDMENT #4
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.

Brief Explanation:
Texas lags behind other major states in the number of nationally recognized research universities, with only two public research universities of national prominence- University of Texas at Austin & Texas A&M University. Texas must continue strengthening these existing universities, and it also must focus resources on establishing additional nationally prominent research universities. The proposed amendment along with HB 51 passed this session, would direct a national research university fund to spur emerging state universities in Texas, most importantly University of Houston to become a Tier 1 university.

CONSTITUTIONAL AMENDMENT #5
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.

Brief Explanation
The proposed amendment would allow the legislature by law to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations.

CONSTITUTIONAL AMENDMENT #6
The constitutional amendment authorizing the Veterans' Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized.

Brief Explanation
The amendment authorizes the Veterans' Land Board to sell bonds for the purpose of selling land or providing home-mortgage or land-purchase loans to Texas veterans above the current cap of $500 million but states that the principal amount of outstanding bonds will never exceed the total principal amount of bonds previously authorized. These bonds would not be included in the calculation of the amount of state debt payable from the General Revenue Fund used to determine the state debt limit.

CONSTITUTIONAL AMENDMENT #7
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.

Brief Explanation
The amendment would allow a civil official to be an active member in the Texas State Guard, thereby allowing state military personnel to hold another civil office while serving.

CONSTITUTIONAL AMENDMENT #8
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.

Brief Explanation
The amendment would allow Texas voters the opportunity to ensure that the state could contribute to a federal initiative to build, operate, and maintain veterans' hospitals in this state in order to improve access to medical care for Texas veterans.

CONSTITUTIONAL AMENDMENT #9
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.

Brief Explanation
The amendment would establish in the state constitution that the public has a right to the unrestricted access and use of a public beach in Texas, specifically noting those along the Gulf of Mexico. The right would be dedicated as a permanent public easement, and in effect would bolster the standing of the Texas Open Beaches Act.

CONSTITUTIONAL AMENDMENT #10
The constitutional amendment to provide that elected members of the governing boards of emergency services districts may serve terms not to exceed four years.

Brief Explanation
The amendment would extend the current term length for emergency service district members from 2 years to 4 years.

CONSTITUTIONAL AMENDMENT #11
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.

Brief Explanation
The amendment would clarify that in the use of eminent domain powers, public use would not include the taking of property for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues. It would also require that the granting of the power of eminent domain to an entity would require a two-thirds vote by the Legislature.

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