In just a few weeks, Texans will have the opportunity to make their voices heard by voting on 17 proposed amendments to the Texas Constitution. These amendments cover a wide range of issues, making it important for us to take the time to educate ourselves and participate in this democratic process. Please note that Monday, October 6, is the last day to register to vote for this election. Early Voting runs from October 20 to October 31, and Election Day is Tuesday, November 4.
As your State Senator, I supported the passage of the resolutions calling for these propositions during the legislative session. I believe that each of these amendments has the potential to positively impact our state and its residents.
The information below consists of short summaries of each of the propositions.
For more information, the Texas Legislative Council has published the Analyses of Proposed Constitutional Amendments, which can be accessed via this link, https://www.tlc.texas.gov/docs/amendments/analyses25.pdf.
Proposition 1 – Funding for Texas State Technical College –Focuses on funding for infrastructure of Texas State Technical College’s facilities and education programs for a skilled workforce. This proposition would provide a dedicated source of funding for TSTC projects and educational programs that have historically received less state support than other institutions. The legislature appropriated $850 million to the Permanent Technical Institution Infrastructure Fund, contingent on voter approval.
Proposition 2 – Banning Capital Gains Tax –There is currently no capital gains tax in Texas, but voting in favor of Proposition 2 would prohibit the legislature from taxing an individual, family, estate, or trust on actual profits (“realized capital gains”) or potential profits (“unrealized capital gains”) from capital assets. This restriction would also apply to the tax on selling or transferring a capital asset. A capital asset can be almost anything you own for personal use or investments, including stocks, bonds, cryptocurrency, real estate, and collectibles. This constitutional amendment would not affect property taxes, sales taxes on retail sales of goods or services; or a use tax on storage, use or other consumption of goods or services purchased at retail. However, it will encourage business entities to organize as business trusts to avoid paying franchise taxes, as business trusts that sell assets for a gain would be subject to capital gains tax and would no longer be constitutional. The franchise tax is an annual tax imposed on most businesses for the privilege of operating in the state. A franchise tax is not a business income tax, which Texas does not have.
Proposition 3 – Bail Reform –Requires judges to deny bail in some cases when a person is accused of certain serious felony offenses. The felony offenses include murder, aggravated assault, aggravated sexual assault, indecency with a child, and human trafficking. This will occur after a hearing establishes that granting bail will be insufficient in preventing the person from failing to appear in court and that they pose a danger to the public.
Proposition 4 – Annual Funding for Texas Water Fund –Provides $1 billion to the Texas Water Fund each state fiscal year for the next 20 years. Studies show that $154 billion will be needed over the next 50 years to fully address the state’s water infrastructure needs. This amendment provides a dedicated funding source to help the state address those needs.
Proposition 5 – Property Tax Exemption for Animal Feed – Provides property tax relief for livestock producers by not collecting property taxes on animal feed kept for sale in stores.
Proposition 6 – Prohibits Tax on Occupations or Securities Transactions –Bans the creation of an occupation tax on stockbrokers, stock exchanges, and securities market operators. It will also prohibit the creation of taxes on securities transactions done by securities market operators.
Proposition 7 – Veterans’ Spouse Property Tax Exemption – Allows the surviving spouse of a veteran who passed away due to a service-connected illness or condition to receive a property tax exemption. Federal law deems service related conditions and diseases as those linked to toxins like Agent Orange, toxic burn pits, or radiation. This exemption would apply regardless of the date of the veteran’s death if the surviving spouse otherwise qualifies for the exemption. It would also allow the spouse to apply for an amount equal to the first homestead if the spouse moves to another home. If the surviving spouse remarries, they are no longer eligible for the exemption.
Proposition 8 – Inheritance Tax Ban – Prevents the state from creating a state tax on the property, transfer of estate, inheritance, legacy, succession, or gift that is passed down after someone dies. This prevents the state from taxing what the deceased person leaves to an individual, family, estate, or trust unless the tax was in effect on January 1, 2025.
Proposition 9 – Tangible Property Business Tax Exemption – Allows a tax exemption on $125,000 worth of tangible business-related items. This applies to items that are used for the production of income and includes office equipment, tools and supplies, and inventory. This assists businesses, small business, and self employed individuals by lessening the tax burden.
Proposition 10 – Tax Exemption for Property Destroyed by Fire – Temporary tax exemption on property that is destroyed by a fire but does not include the garage, barn, land, or any structures that were not destroyed. This exemption would be for the remainder of the tax year from when the fire occurred on any improvements to a residence’s home that is deemed uninhabitable for at least 30 days.
Proposition 11 – Property Tax Relief for an Elderly or Disabled Homeowner – This would increase the school district homestead exemption for property owners older than 65 years of age and disabled individuals from $10,000 to $60,000 off the value of their home. If this proposition and Proposition 13 are approved by the voters, it would result in a homestead exemption of up to $200,000 for the elderly or disabled homeowners. School districts would receive additional state revenue to compensate for any revenue the school districts would lose from this property tax relief.
Proposition 12 – Reforms to the State Commission on Judicial Conduct – Changes the way Texas reviews judges who are accused of misconduct. A majority of the members of the State Commission on Judicial Conduct would now consist of citizens appointed by the Governor. It allows private warnings to be given to judges only if they have never received one before or if the issue does not involve a crime. Clarifies the circumstance under which judges can be removed or suspended from office.
Proposition 13 – Additional School Property Tax Relief- Provides a school property tax break for homeowners by increasing the homestead exemption from $100,000 to $140,000. School districts would receive additional state revenue to make up for any money loss as a result of this proposed amendment.
Proposition 14 – Dementia Prevention and Research Fund – Establishes the Dementia Prevention and Research Institute of Texas, establishes funds for research on and prevention and treatment of dementia, Alzheimer’s disease, Parkinson’s disease, and related disorders. This would allocate $3 billion from the state’s budget to this fund. Of that, $300 million from that fund in the 20226-2027 biennium will be spent to help the institute run its programs.
Proposition 15 – Parental Rights – Affirms that parents are the main decision-makers for their children. This includes the responsibility to nurture, care, protect, and make decisions concerning the child’s upbringing.
Proposition 16 – Voters Must be U.S. Citizens – Clarifies that a voter must be a United States citizen.
Proposition 17 – Tax Relief for Property Owners with Border Security Infrastructure –Provides property tax relief for landowners in counties along the Texas-Mexico Border if border security structures such as a border wall, and related improvements are built on their land. The tax relief will only be for improvements made through agreements with the state or federal government or on an easement granted for border security to use.