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(last updated on October 24, 2007)
The pros and cons of proposed constitutional amendments
By Jason Clay Jansky
With 16 proposed initiatives on the November 6 Texas constitutional amendment election ballot, The Countywide has solicited the opinions of the county’s current state representative and one local political activist.
Democrat State Representative Yvonne Gonzales Toureilles said she plans to vote "yes" on all 16 of the amendments and describes them each as bi-partisan, "good public policy."
Karnes County Chair for the Republican Party Eric Opiela also weighed in, advising voters to support 11 of the amendments and to reject four (the remaining amendment he cites as a tough call and asks voters to vote their conscience on it).
Both submitted their in-depth looks at each constitutional amendment.
Amendment 1
Providing for the continuation of the constitutional appropriation for facilities and other capital items at Angelo State University on a change in the governance of the university.
Opiela advises voters to vote yes.
"This amendment shifts Angelo State into the Texas Tech University System," he said. "Why should this be on a statewide ballot? It shouldn’t, but since our Constitution is one of the longest in the nation with over 440 amendments that go into excruciating detail about everything from universities to sewer lines in Pecos, it’s on the ballot."
Toureilles explains further.
"Angelo State University is located in San Angelo and the constitutional amendment will clarify and ensure that previously allocated constitutional appropriations to the university will remain available to the university after it is transferred," she said.
Amendment 2
Providing for the issuance of up to $500 million in general obligation bonds by the Texas Higher Education Coordinating Board to finance educational loans to students and authorizing bond enhancement agreements for general obligation bonds issued for that purpose.
Toureilles said the program is self-sustaining and will not cost the taxpayers.
"This program since its inception has never required general revenue from the state, because it is self-sustaining," she said. "The bonds are paid by the repayments of student loans under the program."
Opiela disagrees and encourages voters to vote against the initiative.
"While proponents … will argue that the bonds authorized under this amendment will be paid back by students making payments on their loans, a certain percentage (which grows every year) cannot repay their loans and default," Opiela said. "In this event, as a general obligation of the state, taxpayers foot the bill. Since the return on investment is guaranteed (by you and I), THECB can resell these loans for higher prices on the secondary loan market. The student ‘benefits’ only by having more debt to pay off. The real solution is to lower the cost of higher education by repealing Tuition Deregulation passed two sessions ago."
Amendment 3
Authorizing the legislature to limit the maximum appraised value of a residential homestead to the lesser of the homestead’s most recent market value as determined by the appraisal entity or 110 percent, or a greater percentage, of its appraised value for the preceding tax year.
Both Opiela and Toureilles agree on passing this amendment for the same reason. Each said it will reduce by 66 percent the amount an appraisal district is allowed to increase a home’s property value during a reappraisal.
Amendment 4
Providing for the issuance of up to $1 billion in general obligation bonds by the Texas Public Finance Authority to finance certain improvement, repair, and construction projects and the purchase of needed equipment.
"This amendment spends money we don’t have now for state facilities improvements, leaving taxpayers to foot the bill later with interest. That interest is not insignificant — almost doubling the $1 billion cost over the next 20 years," Opiela said while strongly encouraging voters to vote against the amendment.
Toureilles says the bond issuance is necessary for many things.
"The proposed amendment provides for necessary projects for state infrastructure and homeland security," she said.
Amendment 5
Authorizing the legislature to permit the voters of a municipality with a population of less than 10,000 to allow the municipality’s governing body to enter into an agreement with an owner of real property in or adjacent to an area in the municipality that has been approved for funding under certain programs administered by the Texas Department of Agriculture under which ad valorem taxes imposed on the owner’s property may not be increased for the first five tax years after the tax year in which the agreement is entered into.
Toureilles said she thinks the initiative is a good idea for small towns, and Opiela agreed.
"This amendment would provide eligible small cities a tool to create incentives for private property owners to renovate downtown buildings and improve downtown properties in conjunction with other downtown revitalization efforts undertaken by those cities," she said.
"This amendment would allow small communities, like ours, revitalize downtowns by giving property owners an incentive to help beautify their buildings, and hopefully attract new businesses. Vote yes," Opiela added.
Amendment 6
Authorizing the legislature to exempt from ad valorem taxation one motor vehicle owned by an individual and used for both business and personal activities of the owner.
As a conservative, Opiela supports the potential tax break for families that run their own businesses. Toureilles supports the tax break for many of the same reasons.
"This amendment will remedy the inconsistency in the taxation of personal motor vehicles also used for the production of income, providing tax relief to small business owners, contractors, real estate agents, accountants, lawyers and doctors," she said.
Amendment 7
Allowing a governmental entity to sell property acquired through eminent domain back to the previous owner at the price the entity paid to acquire the property.
Both political analysts agreed on this amendment, citing how it eases the burden on a family trying to get back land the government forcibly has bought out while using its power of eminent domain.
Amendment 8
Clarifying certain provisions relating to the making of a home equity loan and the use of the loan’s proceeds.
Both political analysts agreed clarifying certain rules about home equity loans would be a good idea.
"Too often, the terms and conditions of these loans are unclear, and this amendment cleans the law somewhat," Opiela said. "More work needs to be done, but this amendment is a good first step."
Amendment 9
Authorizing the legislature to exempt all or part of the residence homesteads of certain totally disabled veterans from ad valorem taxation and authorizing a change in the manner of determining the amount of the existing tax exemption to which a disabled veteran is entitled.
Allowing 100-percent disabled veterans a tax break is something neither Opiela nor Toureilles are against.
"This amendment would grant 100% service disabled veterans a 100% property tax exemption for their home. This recognizes the limited income potential of 100% disabled veterans, and the contribution—just short of their own lives—that they gave in defense of our country," Opiela said.
Amendment 10
Abolishing the constitutional authority for the office of inspector of hides and animals.
Seeing as counties no longer need an inspector of this variety, both political analysts agreed to vote "yes" to amendment 10.
Amendment 11
Requiring that a record vote be taken by a house of the legislature on final passage of any bill, other than certain local bills, of a resolution proposing or ratifying a constitutional amendment, or of any other nonceremonial resolution, and providing for public access on the Internet to those record votes.
Toureilles’ reasons for voting yes are that "the member’s vote would be recorded in the appropriate journal and made available for at least two years on the Internet in a form accessible to the public by referencing the number or subject of the bill or resolution."
Opiela also encouraged a "yes" vote on this amendment.
"Voice votes by legislators allow them to duck public accountability on important issues," he said. "This amendment would mandate a change to the House Rules first tried this session and impose the same requirement on the Senate."
Amendment 12
Providing for the issuance of up to $5 billion in general obligation bonds by the Texas Transportation Commission to finance highway improvement projects.
As with all the previous amendments authorizing Texas to go into debt, Opiela strongly encouraged otherwise.
"Obligating taxpayers for another $5 billion in future taxes, plus $3 billion in interest, when we don’t have the money to pay the even the interest and maintenance costs on highway debt we have already incurred, makes little sense," he said. "I want good roads just as much as the next person, but when TxDOT cannot even maintain the current system without increasing taxes or tolling existing roads; we have a problem which will not be solved by paving the road to the future with billions of more dollars in general obligation bonds."
Toureilles said the alternative to passing the amendment may be worse.
"The issuance of bonds enables the state to finance projects without raising the gas tax or tolling highways," she said. "This amendment would help alleviate the demands of our growing state and aging infrastructure."
Amendment 13
Authorizing the denial of bail to a person who violates certain court orders or conditions of release in a felony or family violence case.
Both analysts saw this amendment as a good idea.
"Under current law, abusers in family violence cases are guaranteed bail, even when they may still pose a threat to the victim," Opiela said. "This amendment is important to protect the safety of the public and victims of family violence, in particular."
Amendment 14
Permitting a justice or judge who reaches the mandatory retirement age while in office to serve the remainder of the justice’s or judge’s current term
Neither Toureilles nor Opiela voiced a problem with amendment 14, and Opiela said it would save taxpayers the cost of having to run a mid-term election.
Amendment 15
Requiring the creation of the Cancer Prevention and Research Institute of Texas and authorizing the issuance of up to $3 billion in general obligation bonds by the Texas Public Finance Authority to fund research in Texas to find the causes of and cures for cancer.
While Toureilles simply said she’ll be voting yes on amendment 15, Opiela said it will be a tough choice and asked voters to vote their conscience.
"This is a tough call to make. Having seen the effect of cancer in my own family, I want to do everything possible to find a cure; however, the path the Legislature took to finance cancer research is unwise, and leaves less actual money to finance research in the long-run," he said. "By issuing $3 billion in bonds to finance research now, we eliminate $4.6 billion in future state revenue over the next 10 years to finance research on cancer and other horrible diseases.
"Moreover, $3 billion spent on research in Texas will have little impact on world-wide efforts to fight cancer. Yes, it would make Texas a leader in cancer research, but we shouldn’t care about who’s ‘the leader,’ just that a cure is found."
Amendment 16
Authorizing the Texas Water Development Board to issue up to $250 million in general obligation bonds to assist economically distressed areas of the state.
Toureilles didn’t specify why she’ll be voting for amendment 16, but described it as good public policy.
Opiela disagreed.
"This bond issue would incur almost a half a billion more dollars, after interest, in additional state debt which must be paid back by taxpayers and (will) not benefit Karnes County at all," he said. "The program financed by this amendment is limited to counties bordering Mexico and select other counties with Colonias."
jjansky@thecountywide.com