August 18, 2021 No. 87-3 FOCUS report Constitutional amendments proposed for the November 2021 ballot Texas voters have approved 507 amendments to the state Constitution since its adoption in 1876, according to the Legislative Reference Library. Eight more proposed amendments will be submitted for voter approval at the general election on Tuesday, November 2, 2021. The following report contains an explanation of the process by which constitutional amendments are adopted and information on the proposed 2021 amendments, including a background, analysis, and arguments for and against each proposal. Amending the Texas Constitution ............................................................................................................ 2 Previous election results ............................................................................................................................ 4 Proposition 1: Authorizing the Legislature to permit charitable raffles at rodeo events .............................. 5 Proposition 2: Authorizing counties to issue debt backed by property tax increment ................................ 7 Proposition 3: Constitutionally prohibiting state limits on religious services ............................................. 9 Proposition 4: Changing eligibility requirements for appellate and district judges .................................. 11 Proposition 5: Permitting SCJC to accept complaints on all candidates for judicial office ...................... 13 Proposition 6: Creating right of long-term care residents to designate essential caregiver ........................ 15 Proposition 7: Property tax limitation for surviving spouse of person with disability .............................. 17 Proposition 8: Expanding homestead exemption eligibility for surviving spouses of service members ..... 19 HRO HOUSE RESEARCH ORGANIZATION Texas House of Representatives 87th Legislature Page 2 House Research Organization Amending the Texas Constitution Article 17 of the Texas Constitution describes the Election date process by which the Constitution may be amended and requires that amendments be approved by a majority of The Legislature specifies an election date for voter Texas voters to go into effect. For a proposition to appear consideration of proposed constitutional amendments. In on the ballot, the Legislature must adopt a proposed recent years, most proposals have been submitted at the constitutional amendment in a joint resolution. Joint November general election held in odd-numbered years. resolutions contain the ballot wording of the propositions to go before the voters, and some require “enabling” legislation to further specify how the amendment would Publication operate. Texas Constitution Art. 17, sec. 1 requires that a brief explanatory statement of the nature of each proposed Joint resolutions amendment, along with the ballot wording for each, be published twice in each newspaper in the state that prints The Texas Legislature proposes constitutional official notices. The first notice must be published 50 to amendments in joint resolutions that originate in 60 days before the election. The second notice must be either the House of Representatives or the Senate. For published on the same day of the following week. The example, Proposition 1 on the November 2, 2021, ballot secretary of state must send a complete copy of each was proposed by House Joint Resolution (HJR) 143, amendment to each county clerk, who must post it in the introduced by Rep. Charlie Geren and sponsored in the courthouse at least 30 days before the election. Senate by Sen. Jane Nelson. Art. 17, sec. 1 of the Texas Constitution requires that a joint resolution be adopted by The secretary of state prepares the explanatory at least a two-thirds vote of the membership of each house statement, which must be approved by the attorney of the Legislature (100 votes in the House, 21 votes in the general. The estimated total cost of publication twice in Senate) to be presented to voters. The governor cannot newspapers across the state for the November 2 election is veto a joint resolution. $178,333, according to the Legislative Budget Board. Amendments may be proposed in either regular or special sessions. A joint resolution includes the text of Enabling legislation the proposed constitutional amendment and specifies an election date. The ballot wording of a proposition is Some constitutional amendments are self-enacting specified in the joint resolution. The secretary of state and require no additional legislation to implement conducts a random drawing to assign each proposition their provisions. Other amendments grant discretionary a ballot number if more than one proposition is being authority to the Legislature to enact legislation in a considered. particular area or within certain guidelines. These amendments require “enabling” legislation to fill in If voters reject an amendment proposal, the the details of how the amendment would operate. The Legislature may resubmit it. For example, at an August Legislature sometimes adopts enabling legislation in 10, 1991, election, the voters rejected a proposition advance, making the effective date of the legislation authorizing $300 million in general obligation bonds contingent on voter approval of a particular amendment. for college student loans then approved an identical If voters reject the amendment, the legislation dependent proposition at the November 5, 1991, election after the on the constitutional change does not take effect. Legislature readopted the proposal and resubmitted it in essentially the same form. House Research Organization Page 3 Effective date Constitutional amendments take effect when the official vote canvass confirms statewide majority approval unless a later date is specified. Statewide election results are tabulated by the secretary of state and must be canvassed by the governor 15 to 30 days following the election. Page 4 House Research Organization Previous election results Analyses of the 10 proposals on the November 5, 2019, ballot appear in House Research Organization Focus Report No. 86-3, Constitutional Amendments Proposed for November 2019 Ballot, August 27, 2019. Prop 1: Allowing municipal court judges to hold Prop 6: Increasing CPRIT’s bond authority from $3 office in more than one municipality billion to $6 billion For 685,827 34.6% For 1,259,398 64.0% Against 1,298,866 65.4% Against 707,939 36.0% Prop 2: Allowing TWDB to issue more water Prop 7: Creating the Flood Infrastructure Fund development project bonds For 1,294,936 65.6% For 1,459,578 74.1% Against 677,619 34.4% Against 509,590 25.9% Prop 3: Allowing temporary property tax Prop 8: Allowing increased distributions to exemptions after a disaster Available School Fund For 1,679,049 85.1% For 1,538,726 77.9% Against 294,235 14.9% Against 437,384 22.1% Prop 9: Exempting precious metals held in Texas Prop 4: Prohibiting a state individual income tax depositories from property taxes For 1,477,373 74.4% For 982,881 51.3% Against 509,547 25.6% Against 932,885 48.7% Prop 5: Dedicating sporting goods sales tax Prop 10: Allowing retired law enforcement animal revenue to TPWD and THC transfer without fee For 1,745,353 88.0% For 1,858,876 93.8% Against 237,656 12.0% Against 123,648 6.2% Source: Secretary of State’s Office House Research Organization Page 5 Proposition 1: Authorizing the Legislature to permit charitable raffles at rodeo events HJR 143 by Geren (Nelson) Background or the Women’s Professional Rodeo Association to conduct charitable raffles at rodeo venues. Texas Constitution Art. 3, sec. 47(d-1) authorizes the Legislature by general law to permit professional sports The ballot proposal reads: “The constitutional team charitable foundations to conduct charitable raffles. amendment authorizing the professional sports team Occupations Code ch. 2004, the Professional Sports charitable foundations of organizations sanctioned by the Team Charitable Foundation Raffle Enabling Act, allows Professional Rodeo Cowboys Association or the Women’s charitable foundations meeting certain requirements Professional Rodeo Association to conduct charitable to conduct charitable raffles during each preseason, raffles at rodeo venues.” regular season, and postseason game hosted at the home venue of the professional sports team associated with the foundation. Under sec. 2004.007, for each raffle a Supporters say foundation may deduct no more than 10 percent of the proceeds from ticket sales to pay reasonable operating Proposition 1 would grant authority to the Legislature costs of conducting the raffle, including promotion, to allow charitable raffles to be conducted at rodeo events, advertisements, and other specified expenses. which is consistent with its current authority to allow such raffles at other professional sporting events. In 2015, Charitable raffles may be conducted by charitable voters by an overwhelming margin approved Proposition foundations associated with a professional sports team 4, which authorized the Legislature to permit charitable organized in Texas that is one of the following: a member raffles by professional sports team charitable foundations. of Major League Baseball, the National Basketball Since the approval of Proposition 4, charitable raffles Association, the National Football League, Major League have raised large amounts of money for worthy causes Soccer, the American Hockey League, the East Coast related to education, cancer research, and youth programs. Hockey League, Minor League