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2015-09-10

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Constitutional Amendments for November 3 Ballot


Explanatory Statements for the
November 3, 2015
Constitutional Amendment
Election
Proposition Number 1
(SJR 1)
SJR 1 - Current law provides an
exemption of $15,000 from the ad
valorem taxation for public school
purposes of a residence homestead.
The proposed amendment would
increase this exemption to $25,000,
starting in the tax year beginning
January 1, 2015. In order to refl ect
the increased exemption on the
homestead of a person 65 years of
age or older or a disabled person,
the proposed amendment would
provide a reduction to the current
limitation on the total amount of
ad valorem taxes. The proposed
amendment would protect school
districts from all or part of the
revenue loss by authorizing an
appropriation of funds according to
formulas set by the legislature. In
addition, the proposed amendment
would authorize the legislature
to prohibit a political subdivision
from reducing or repealing a
homestead exemption adopted by
the political subdivision. Finally,
the proposed amendment would
prohibit the imposition of a tax on
the conveyance of real property, but
would not prohibit the imposition of
a business tax measured by business
activity, a tax on the production of
minerals, a tax on the issuance of
title insurance, or a change in the
rate of a tax in existence on January
1, 2016.
The proposed amendment will
appear on the ballot as follows:
"The constitutional amendment
increasing the amount of the
residence homestead exemption
from ad valorem taxation for
public school purposes from
$15,000 to $25,000, providing for
a reduction of the limitation on
the total amount of ad valorem
taxes that may be imposed for
those purposes on the homestead
of an elderly or disabled person
to refl ect the increased exemption
amount, authorizing the
legislature to prohibit a political
subdivision that has adopted an
optional residence homestead
exemption from ad valorem
taxation from reducing the
amount of or repealing the
exemption, and prohibiting the
enactment of a law that imposes a
transfer tax on a transaction that
conveys fee simple title to real
property."
Proposition Number 2
(HJR 75)
HJR 75 - In 2011, voters approved
a constitutional amendment to
allow a surviving spouse of a
100 percent or totally disabled
veteran an exemption from ad
valorem taxation from all or part
of the market value on the disabled
veteran's residence homestead, as
long as the surviving spouse had
not remarried. The amendment did
not apply to surviving spouses of
veterans who died before 2011.
This amendment would extend
the exemption in such cases. The
proposed amendment would apply
only to ad valorem taxes imposed
for a tax year beginning on or after
January 1, 2016.
The proposed amendment would
appear on the ballot as follows:
"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 100 percent or totally
disabled veteran who died before
the law authorizing a residence
homestead exemption for such a
veteran took effect."
Proposition Number 3
(SJR 52)
SJR 52 proposes a constitutional
amendment to repeal the
requirement for the Comptroller of
Public Accounts, the Commissioner
of the General Land Offi ce, the
Attorney General, and any other
offi cers elected statewide to reside
in Austin, Texas, the state capital.
Under current law, these statewide
elected offi cers are required to reside
in the capital of the State of Texas
while in offi ce. This amendment
would not apply to the residency
requirement for the Governor.
The proposed amendment will
appear on the ballot as follows:
"The constitutional amendment
repealing the requirement that
state offi cers elected by voters
statewide reside in the state
capital."
Proposition Number 4
(HJR 73)
HJR 73 proposes a constitutional
amendment that would grant the
legislature the authority to pass
statutes to allow a professional
sports team charitable foundation to
conduct charitable raffl es under the
terms and conditions imposed by
general law. The laws passed under
this authority may provide that the
professional sports team charitable
foundation may use proceeds
from such charitable raffl es
to pay reasonable advertising,
promotional, and administrative
expenses. Any law enacted by this
provision only applies to entities
defi ned as professional sports team
charitable foundations on January 1,
2016. Additionally, any law enacted
by this provision may only allow
charitable raffl es to be conducted
at games hosted at the home venue
of the professional sports team
associated with a professional sports
team charitable foundation.
The proposed amendment would
appear on the ballot as follows:
"The constitutional amendment
authorizing the legislature to
permit professional sports team
charitable foundations to conduct
charitable raffl es."
Proposition Number 5
(SJR 17)
SJR 17 proposes a constitutional
amendment which would increase
from 5,000 to 7,500 the maximum
total population threshold of a
county that is allowed to construct
and maintain private roads as long
as the county imposes a reasonable
charge for the work.
The proposed amendment will
appear on the ballot as follows:
"The constitutional amendment
to authorize counties with a
population of 7,500 or less to
perform private road construction
and maintenance."
Proposition Number 6
(SJR 22)
SJR 22 proposes a constitutional
amendment that would add the right
to hunt, fi sh and harvest wildlife,
including by use of traditional
methods, in the Bill of Rights
of the Texas Constitution. This
right would be subject to laws and
regulations intended to conserve
and manage wildlife and to preserve
the future of hunting and fi shing.
The proposed amendment would
establish hunting and fi shing as the
preferred method of managing and
controlling wildlife in Texas. The
proposed amendment is not intended
to affect any law or provision
related to trespass, property rights
or eminent domain, and would
not prevent the legislature from
authorizing a municipality to
regulate the discharge of a fi rearm
in a populated area in the interest of
safety.
The proposed amendment will
appear on the ballot as follows:
"The constitutional amendment
recognizing the right of the people
to hunt, fi sh, and harvest wildlife
subject to laws that promote
wildlife conservation."
Proposition Number 7
(SJR 5)
SJR 5 proposes a constitutional
amendment to dedicate a portion
of revenues from (1) the state sales
and use tax, and (2) the tax imposed
on the sale, use, or rental of a motor
vehicle, to the State Highway Fund
(SHF). Under current law, these
funds would be deposited to the
General Revenue Fund. Money
deposited to the SHF is intended to
be used only to construct, maintain,
or acquire rights-of-way for public
roadways other than toll roads; or to
repay certain transportation-related
debt.
The proposed amendment would
appear on the ballot as follows:
"The constitutional amendment
dedicating certain sales and use
tax revenue and motor vehicle
sales, use, and rental tax revenue
to the state highway fund to
provide funding for nontolled
roads and the reduction of certain
transportation-related debt."
Published by Texas Secretary of State
Carlos H. Cascos, www.VoteTexas.gov,
1-800-252-VOTE (8683).