Saturday, October 26, 2013

Texas Constitutional Amendments

        On November 5, Texas residents will be voting on nine propositions related to the Texas Constitution. The propositions are listed below, along with an indication of how I plan to vote.
Proposition 6    Legislation (Senate Joint Resolution 1) proposes to create the State Water Implementation Fund (SWIFT) and the State Water Implementation Revenue Fund as special funds outside the state’s general fund.
    Proposition 6 will be funded by a one-time, $2 billion appropriation from the economic stabilization fund – the Rainy Day Fund.
Supporters of the water plan say it is critical for Texas’ water needs for the next half-century. Opponents object to use of the Rainy Day Fund. Instead of funding new projects, opponents say the state should ease regulatory restrictions that would encourage the development of an adequate supply.
    Vote AGAINST. While water is important, I see no reason why it should be handled outside of the general funding for the state.
Proposition 1    While a number of disabled veterans and surviving spouses receive full or partial homestead exemptions, the surviving spouses of military personnel killed in action do not receive an exemption.
    Montgomery Central Appraisal District Chief Appraiser Mark Castleschouldt said there are 10 surviving spouses who would qualify for 100 percent property exemption. The total tax revenue on those properties is $37,500, he said.
    Proposition 1 permits the surviving spouse to transfer the exemption to another residence, as long as the surviving spouse has not remarried since the service member’s death.
    Vote FOR. Surviving spouses of killed military personnel should have the same benefits as spouses of disabled personnel.
Proposition 4    The amendment permits the Legislature to authorize a new exemption from property taxation if the house was donated to a disabled veteran by a charitable organization at no cost to the veteran.
    Vote FOR. The donation of the house is irrelevant compared to ongoing taxes. Tax exemption for disabled veteran should be afforded the same as Proposition 1.
Proposition 5    This amendment permits reverse mortgages to Texas homeowners at least 62 years old, who are house-rich but cash-poor. They would be able to sell one property and purchase another in one transaction, using the equity of one home to make a cash down payment on a less expensive home. That combined deal could save a homeowner several thousand dollars in closing fees.
    The proposed amendment also requires detailed disclosures at least 12 days before closing.
    Vote FOR. Sounds reasonable
.
Proposition 9    This proposed amendment expands the range of sanctions that can be assessed against a judge or justice following a formal proceeding before the State Commission on Judicial Conduct.
    Currently, the SCJC can issue a public censure or recommend a judge’s removal or retirement. The additional disciplinary actions include public admonition, warning, reprimand or required to undergo more training or education.
    Vote AGAINST. We already have too much weasel wording in our regulations. The State Commission has enough choices with public censure, removal or retirement.
Proposition 7    Home-rule municipalities such as Conroe and Willis are required by state law to hold a special election to fill a vacant position on the city council, and if the term of office is more than two years but less than four years.
    Proposition 7 requires home-rule cities to provide in its charter the procedure to fill an unexpired term that is 12 months or less.
    This may not apply to Lubbock, but if it does, I would vote FOR.

Proposition 8    With its population exceeding 800,000, Hidalgo County in South Texas is the largest county in Texas without a hospital district. Proposition 8 repeals a section of the state constitution that restricts the property tax rate for a hospital district in Htdalgo County to 10 cents per $100 valuation.
The amendment would provide an ongoing source of revenue to help fund the creation and operation of a planned University of Texas medical school in the Rio Grande Valley. Any applicable property tax rate adopted by the district is subject to voter approval.
    This may not apply to Lubbock, but if it does, I would vote AGAINST. It seems reasonable that a county of 800,000 people should have a hospital.
However, the practice of medicine, including hospitals, is a business and should be established by private capital, including allowance of a profit incentive. Similar to the now rampant discussion on Obamacare, only Communists believe in taxpayer supported medical care.


Proposition 3    Under current legislation, aircraft parts that qualify for a freeport exemption are exempt from ad valorem taxes as long as the aircraft parts are shipped out of the state within a 175-day period. Otherwise the parts do not qualify for the current exemption.
    Proposition 3 increases the exemption to 730 days (two years). Supporters of the amendment contend aircraft parts inventories do not turn over very quickly, thus putting Texas suppliers at a competitive disadvantage.
    Vote AGAINST. I'm a believer in minimal taxes, but if taxes are necessary, they should not be loaded down with exceptions. There is no indication of how there is a "competitive disadvantage", in this case.. Stay with the current exemption or actually consider eliminating the tax altogether.
Proposition 2    The amendment eliminates the State Medical Education Board and a medical education fund. They were founded in 1952 to encourage medical students to establish their practices in rural areas, but the board has not received state appropriations or issued a new loan for more than 20 years, as the state Legislature has found more efficient ways to attract physicians to rural areas.
    Vote FOR. Anytime we get rid of a law or regulation, we should do it. I don't see that we need a State Medical Education Board or a Medical Education Fund. We probably never should have had them. I am concerned about the so-called "more efficient ways to attract physicians to rural areas", but that is not the consideration here.

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