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Constitutional Amendments


October 15, 2021

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Starting October 18th through 29th (early voting) and on November 2nd (election day), Texans will have the opportunity to vote on eight potential amendments to our state constitution. For amendment proposals to make it onto the ballot, they must first be approved in the form of a Joint Resolution by a two-thirds vote of both chambers of the Texas Legislature. Unlike passage of normal laws, Joint Resolutions do not go to the Governor for a signature or veto. They also often have accompanying "enabling legislation" which are normal bills that modify existing state code, not just the Constitution, in order to enact the changes called for in the amendment proposal.

 

It is difficult to get the necessary votes to get an amendment on the ballot. As such, most (but certainly not all) amendments are fairly non-controversial and easily approved by voters. While they are all important, Proposition 6 has a special place for me as it is the result of a ton of hard work by my staff and individuals across the state to ensure that nursing home residents are never again denied their right to in-person visitation by a loved one. In addition to Prop 6, I will be voting in support of 7 of the 8 amendments.


The proposed amendments are as follows:

 

Proposition 1: Allows charitable foundations linked to professional rodeo associations to conduct raffles.

 

Proposition 2: Provides municipalities the authority to finance infrastructure in underdeveloped areas.

 

Proposition 3: Prohibits the state from limiting religious services.

 

Proposition 4: Raises the qualifications to serve as a judge or justice on certain courts.

 

Proposition 5: Allows the State Commission on Judicial Conduct to investigate and take action against judicial candidates in the same manner as they do for sitting judges.

 

Proposition 6: Establishes the right of individuals in long-term care facilities to designate an individual as an essential caregiver for in-person visitation.

 

Proposition 7: Places a tax freeze on school district taxes on the homesteads of eligible surviving spouses of disabled individuals.

 

Proposition 8: Creates a property tax exemption for the surviving spouse of a servicemember killed in the line of duty.

 

We've included a more in-depth explainer on each proposition below. The Texas House Research Organization also has produced a good non-partisan briefing on the amendments that you can read here. As always, feel free to reach out with any questions you may have.


May God bless you and your family,

Representative James B. Frank 

Proposed Amendments


Proposition 1

 

What it says: "The constitutional amendment authorizing the professional sports team charitable foundations of organizations sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association to conduct charitable raffles at rodeo venues."

 

What it does: Currently, charitable organizations associated with professional sports teams may conduct raffles at home events. This amendment expands the definition of "professional sports team" to include an organization sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association.

 

My vote: YES

 

Proposition 2

 

What it says: "The constitutional amendment authorizing a county to finance the development or redevelopment of transportation or infrastructure in unproductive, underdeveloped, or blighted areas in the county."

 

What it does: Gives counties the authority to use tax increment financing to improve underdeveloped areas and imposes limitations on bonds or notes issued by counties for projects funded under that authority.

 

My vote: NO (I am not in support of allowing even more ways for government to add taxpayer-backed debt, potentially adding even more of a property tax burden.)

 

Proposition 3

 

What it says: "The constitutional amendment to prohibit this state or a political subdivision of this state from prohibiting or limiting religious services of religious organizations."

 

What it does: Prevents public officials from using a disaster declaration to close houses of worship.

 

My vote: YES


Proposition 4

 

What it says: "The constitutional amendment changing the eligibility requirements for a justice of the supreme court, a judge of the court of criminal appeals, a justice of a court of appeals, and a district judge."

What it does: Requires candidates for certain judicial seats to meet additional eligibility requirements in order to increase the quality of judges in the state. For Supreme Court and appeals justices, it adds a Texas residency requirement and a minimum experience requirement. For district judges, it doubles the number of years a candidate has to have practiced law or been a judge before they are eligible.

My vote: YES

 

Proposition 5

 

What it says: "The constitutional amendment providing additional powers to the State Commission on Judicial Conduct with respect to candidates for judicial office."

 

What it does: Gives the State Commission on Judicial Conduct (SCJC) the authority to accept complaints and reports and conduct investigations regarding the conduct of, and to take certain disciplinary actions against, candidates for judicial offices in the same manner as those actions with respect to persons already holding those judicial offices.

 

My vote: YES

 

Proposition 6

 

What it says: "The constitutional amendment establishing a right for residents of certain facilities to designate an essential caregiver for in-person visitation."

 

What it does: Establishes the right of residents of long-term care facilities to designate an essential caregiver with whom the facility may not prohibit in-person visitation. This would prohibit facilities from completely isolating residents like some did during parts of the COVID pandemic.

 

My vote: YES

 

Proposition 7

 

What it says: The constitutional amendment to allow the surviving spouse of a person who is disabled to receive a limitation on the school district ad valorem taxes on the spouse's residence homestead if the spouse is 55 years of age or older at the time of the person's death.


What it does: Authorizes the surviving spouse of a person who is disabled to continue to receive the homestead school tax limitation if the surviving spouse is 55 years of age or older when the disabled person dies. In other words, the school property tax remains frozen to ensure surviving spouses aren't taxed out of their homes.

 

My vote: YES

 

Proposition 8

 

What it says: 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 or fatally injured in the line of duty.

 

What it does: Changes the requirement that a member of the armed services have been "killed in action" in order for the surviving spouse to be entitled to the ad valorem tax exemption to a requirement that the member have been "killed or fatally injured in the line of duty."

 

My vote: YES

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