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Nine propositions on November ballot...
Texas voters will decide the fate of nine constitutional amendments on the November ballot. Typically, these propositions do not draw much voter interest, but these issues are important and worthy of attention. Summaries of the propositions follow.
Proposition 1: Would create the Texas Rail Relocation and Improvement Fund, which would finance the improvement or relocation of privately and publicly owned passenger and freight rail facilities. Facilities include equipment, rights of way, track work, train controls, station and maintenance. Rail facilities may include public or private property and include commuter, intercity or high-speed rails.
The fund is designed with the intent of relieving congestion on roadways, enhancing public safety, improving air quality and expanding economic development. The intent would be accomplished by improving the quality and capacity of current rail facilities and by relocating facilities in urban areas to rural areas. This could include relocating rail facilities into the Trans-Texas Corridor.
The Texas Transportation Commission will administer the funds through the state treasury. The proposition enables the commission to issue state bonds. The 79th Legislature did not appropriate funds or dedicate a revenue source for the fund.
Proposition 2: Calls for a vote on whether to limit marriage in Texas to a union between one man and one woman.
A multitude of lawsuits by homosexual marriage advocates are trying to overturn state marriage laws, arguing that limiting marriage to between one man and one woman violates the state constitution. Marriage laws have been overturned by courts in Hawaii, Alaska, Vermont, Massachusetts, and in California (currently on appeal).
To ensure the Texas law is protected against a constitutional challenge, this proposition would place this restriction of marriage to one man and one woman into our state constitution.
Proposition 3: Clarifies wording in Article 3, sec. 52 of the Texas Constitution, authorizing local governments to provide public funds for economic development. Local governments are generally prohibited by the constitution from creating debt. Economic development programs that use public loans and grants are prohibited under the "debt" provision of the constitution, unless a revenue mechanism is dedicated to paying the debt: for example, the economic development sales tax.
Proposition 3 will allow local governments to lend credit or grant public funds for economic development without dedicating a revenue source to pay the loan or grant. However, debt incurred with public money that would be provided by ad valorem taxes will still be prohibited.
Proposition 4: Allows judges the option to deny bail to a person—accused of a felony—who is already out on bail for the same crime. Currently, judges cannot deny bail under these circumstances unless the defendant had already violated the current bail and is a threat to the public's safety.
Proposition 5: Would allow the Legislature to create exemptions for certain commercial loans from the interest rate cap in the constitution. A commercial loan is a loan made primarily for business, commercial, investment, agricultural, or similar purposes and not primarily for personal, family, or household purposes.
Commercial lenders chartered in Texas must comply with the constitutional caps on commercial interest rates. These caps force most of the commercial lending out to other states where such restrictions do not exist. Although this proposition would benefit Texas lenders and borrowers who would like to negotiate complicated commercial loans, it would remove a constitutional protection some commercial borrowers feel is important.
This proposition would allow the legislature to exempt commercial loans of $7 million or more secured by real property, and loans of $500,000 or more not secured by real property.
Proposition 6: The State Commission on Judicial Conduct currently consists of 11 members, who serve six-year terms. The members on the commission include one appeals court justice, one district judge, one justice of the peace, one municipal court judge, and one county court-at-law judge, all appointed by the Texas Supreme Court; two State Bar members with at least 10 years experience and who are not judges, appointed by the State Bar of Texas governing board; and four citizens who are neither attorneys nor judges, appointed by the governor. All members are confirmed by the state Senate. Currently, three of the members are appointed "at-large," with no restrictions on where they reside.
Proposition 6 would add two members to the commission: a citizen member, appointed by the governor, and a constitutional county court judge, appointed by the Texas Supreme Court. Supporters believe the perspective of a constitutional county court judge and greater public accountability through an additional public member are needed on the commission. The proposition would also increase the number of commissioners from three to seven, appointed at-large. This change is meant to create a larger pool of potential candidates that could be appointed.
Proposition 7: The Texas Constitution allows homeowners, or their spouses, who are at least 62 years old, to obtain a reverse mortgage based on their home equity. Under a reverse mortgage, the homeowner receives periodic payments and the loan repayment does not begin until all borrowers cease to occupy the home for more than 12 months; the borrower and spouse have passed away; or the property is sold or transferred to another owner.
Proposition 7 revises the reverse mortgage provisions in the state constitution to allow lines of credits to be used for these loans. Borrowers may receive an initial advance and future advances when the borrower requests, until the credit limit is reached, or in terms established by the loan until the outstanding balance is paid.
Reverse mortgages can not be used with a credit or debit card, preprinted solicitation check or a similar advance device. Transaction fees will be not be charged after the extension of credit with any debit or advance. The note lender or holder cannot unilaterally amend the extension of credit.
Proposition 8: Adds Art. 7, sec. 2C to the state constitution. This proposition relinquishes any state claim of sovereign ownership or title to land or mineral rights in Upshur and Smith Counties. The "vacancy" tracts of land in both counties do not include public right-of-ways, roads, navigable waterways, parks or public land owned by a governmental entity.
The land in question was part of a vacancy application submitted to the state, claiming the land belonged to the state of Texas, not property owners. This proposition would settle the suit, allowing property owners to maintain ownership of their land.
Proposition 9: Regional mobility authorities (RMAs) were created in 2001 by the 77th Texas Legislature. Any county or set of counties may petition the Texas Transportation Commission to form an RMA. These authorities finance, build, operate, and maintain toll roads and other transportation projects in a region. RMAs have the power of eminent domain, bonding authority, and the ability to contract with private entities for transportation projects.
Proposition 9 amends Art. 16, sec. 30 of the Texas constitution to allow the legislature to set the terms for appointees to regional mobile authorities (RMA) to six-year terms. The six-year terms will be staggered with no more than one-third of the members appointed in each two year cycle. The state constitution currently states any office term not specifically set-out by the constitution may not be longer than two years. The proposition simply defines a term for the RMA.
For more detailed information on these propositions, please visit the House Research Organization website at http://www.capitol.state.tx.us/hrofr/framer2.htm
