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Texas Constitutional Amendments of 2019, Part III
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The 86th Legislature passed 10 joint resolutions proposing amendments to the state constitution, which will be on the election ballot for voter approval on November 5, 2019. This e-newsletter serves as the final of three which outline the 10 propositions.
Comments in support or opposition of these amendments reflect the positions that were presented in committee proceedings, during House or Senate floor debates, or prepared by the House Research Organization when the resolution was considered.
We hope these analyses will help you in determining how you will vote this November. As always, if you have any questions or feedback, please do not hesitate to contact our office!
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Propositions 8-10 (of 10)
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Proposition 8
(H.J.R. 4) 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.
The short: Amendment 8 would create a special flood infrastructure fund in the state treasury (to be overseen by the Texas Water Development Board) to assist in flood related issues across our state.
Supporters say:
- Significant funding for flood control and mitigation projects is necessary to ensure that the state is able to prepare for and recover from natural disasters like Hurricane Harvey.
- Creating the flood infrastructure fund outside the general revenue fund will better protect money needed for flood projects from being redirected for other purposes.
- By providing both grants and loans, the fund will facilitate access to flood project financing for communities that are too small or have insufficient resources to raise the local matching funds required for federal programs. 39
- The fund will enable political subdivisions to pursue projects that may not fit the criteria imposed by other funding sources, such as federal agencies.
- Administration by the Texas Water Development Board will provide a more consistent statewide approach to flood mitigation.
Opponents say:
- Federal funding and other state financing sources are sufficient to support the necessary flood projects without establishing another special fund in the constitution.
- State funding efforts should be restricted to loans so that applicants will be required to demonstrate local commitment to proposed projects.
- Proposed initial funding from the state's rainy day fund is inappropriate because the flood infrastructure fund is intended for continuing purposes, not a one-time expenditure.
Proposition 9
(H.J.R. 95) The constitutional amendment authorizing the legislature to exempt from ad valorem taxation precious metal held in a precious metal depository located in this state.
The short: Amendment 9 would end the practice of taxing precious metal as "personal property," which are held in depositories in Texas.
Supporters say:
- Precious metal held in a depository is considered personal property under the Tax Code. Personal property that is not held for the purpose of producing income is exempt from property 43 taxation, but a local taxing unit can bypass the exemption and opt to tax such property. The amendment would eliminate any uncertainty about the taxable status of precious metal held in commercial depositories.
- Subjecting precious metal to property taxation puts Texas depositories and precious metal owners at a competitive disadvantage, since other states do not do so.
- Providing an explicit exemption for precious metal held in a Texas depository, regardless of whether the precious metal is held for the production of income, would encourage owners of such metal to keep their holdings in the state, making Texas depositories more competitive.
- The amount of lost property tax revenue would be negligible
Opponents say:
- If the amendment passes, a business may be able to escape taxation of its income-producing precious metal inventory by holding it in a depository, which could reduce taxable property values and create a cost to local taxing units and the state.
- Using the tax system to encourage the purchase and holding of precious metal puts the government in the position of picking winners and losers in the economy.
Proposition 10
(S.J.R. 32) The constitutional amendment to allow the transfer of a law enforcement animal to a qualified caretaker in certain circumstances.
The short: Amendment 10 would make it easier for law enforcement animals, such as dogs or horses, to be transferred to their handlers after the animals retire.
Supporters say:
- Law enforcement agencies would like to be able to transfer retired law enforcement animals into their handlers' care free of charge, and the preference of law enforcement agencies in this matter should be honored.
- Law enforcement animals generally live with their handlers while in service. Making it easier for such an animal to retire to the home where it has lived its entire life is in the best interest of the animal.
Opponents say:
- No opposition to the proposed constitutional amendment was expressed during legislative consideration of the proposal.
Message to subscribers: The Texas Legislative Council, a source of impartial research and information, has made background information and analysis regarding constitutional amendments available for public use, and we are thankful for their support. The full publication may be found at: http://www.tlc.texas.gov/publications.
You may find additional information regarding the 2019 constitutional amendments at the following websites:
House Research Organization
Ballotpedia
Texas Tribune
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The Texas Forestry Association presented Representative Ernest Bailes with the 2019 State Legislator of The Year award during the Association’s 105th annual meeting, held at the historic Fredonia Hotel in Nacogdoches, Texas.
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Election Day is Tuesday, November 5th, 2019
Early voting will take place October 21 - November 1
Please visit the Liberty, San Jacinto, or Walker County Clerk's websites
for more information on when and where to vote.
If you are unsure of your voter registration status, or want to find out how to register to vote, please visit www.VoteTexas.gov, a Texas Secretary of State resource.
The last day to apply for a ballot by mail (received not postmarked),
is Friday, October 25th, 2019.
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Dr. LaTonya Goffney, originally from Coldspring, Texas, was honored as a Sam Houston State University Distinguished Alumni at the 47th Annual Gala. Dr. Goffney was recognized for making significant contributions to her profession, community and alma mater. You can read more about Dr. Goffney here! |
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Hurricane Season Preparation
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The Texas Department of Public Safety suggests several measures residents can take to prepare for future storms:
- Assemble an emergency kit that includes essential documents, supplies and provisions
- Review hurricane evacuation maps, and select a route for you and your family
- Plan how all family members and pets will evacuate safely
- Consider any special needs for individuals with disabilities or the elderly
- Follow the instructions of local officials if a storm develops
- Stay informed about changing weather conditions in and around your area, and sign up for alerts here.
For more information about hurricanes and how to prepare for next hurricane season, visit the Texas Division of Emergency Management website and the Texas Ready website.
You may also find out more about hurricane preparedness on the National Weather Service website, or via this South Texas Hurricane Guide.
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District Office: 936-628-6687
10501 Hwy 150, Suite B
Shepherd, TX 77371
P.O. Box 1116
Shepherd, TX 77371
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Capitol Office: 512-463-0056
1100 Congress Avenue, E2.812
Austin, TX 78701
P.O. Box 2910
Austin, TX 78768
(Satellite Offices in Huntsville and Liberty)
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