Constitutional Amendments, How we see it!

Early voting began October 23rd and runs until November 3rd, with election day on November 7th for Texans to have their say on seven proposed Texas Constitutional amendments that were passed by the 85th Texas Legislature. Below are the propositions with ballot language, pros & cons, synopsis, links to the enabling bills and our recommendations. We encourage everyone to do their own research and vote on these proposals.

We fully understand that most of the proposals, if not all, will pass with a high percentage, as in previous Constitution elections. We believe that's simply because of low voter turnout and voters not being completely informed on the issues or not caring enough about the issues. We encourage you to engage your friends and neighbors and encourage them to exercise their Constitutional rights.


Proposition 1 - Enabling Legislation HJR 21  Recommended Vote *Yes

“The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of part of the market value of the residence homestead of a partially disabled veteran or the surviving spouse of a partially disabled veteran if the residence homestead was donated to the disabled veteran by a charitable organization for less than the market value of the residence homestead and harmonizing certain related provisions of the Texas Constitution.”

This amendment, would change an amendment approved by Texas voters in 2011 and would authorize property tax exemptions for certain partially disabled veterans or their surviving spouses whose homes were donated to them by charity for less than market value. Proposition 1 would also include surviving spouses as long as they do not remarry.

• Supporters say disabled veterans deserve breaks
• Opponents urge focus on reducing property taxes for everyone rather than exempting specific categories of people, regardless of how deserving, and creating higher taxes for others.

More background:

In 2007 a constitutional amendment passed exempting all or part of property taxes for veterans having 100% disability.

In 2009 a LAW passed exempting 100% of property taxes for veterans with 100% disability that was "service related".

In 2011 a constitutional amendment passed exempting surviving spouses from property taxes of a 100% disabled veteran, but only for those in which the veteran died on or before Jan 1 2010.

In 2013, a constitutional amendment passed allowing the exemption amount to follow the surviving spouse to a new homestead as long as the spouse didn't remarry. (Conceivably, a young person, as long as they never remarry could have a lifetime of avoiding property taxes)

In 2015, the "date-of-death" restriction from 2011 was removed, paving the way for all surviving spouses to enjoy the property tax exemption. In addition, any surviving spouses that move to Texas also receive the exemption. (For those taxing districts with higher population of disabled veterans, the State subsidizes these cities with taxes from other districts)

*VOCAL believes the ultimate goal is to see the property tax abolished. We have much respect for those that sacrifice in our Armed Services and believe there is allowance for supporting homestead exemptions, payments based on the market price of the property, however, shrinking the tax base coupled with tax abatement's to businesses by municipalities creates more burden on fewer and fewer tax payers.  Because Prop 1 is extending benefits to a select few and clarifying language from previous passed amendments and laws already in place We reluctantly recommend a YES vote.


Proposition 2 - Enabling Legislation SJR 60   Recommended Vote *NO

“The constitutional amendment to establish a lower amount for expenses that can be charged to a borrower and removing certain financing expense limitations for a home equity loan, establishing certain authorized lenders to make a home equity loan, changing certain options for the refinancing of home equity loans, changing the threshold for an advance of a home equity line of credit, and allowing home equity loans on agricultural homesteads.”

This amendment lowers certain limits and raises others on home equity loans.

• Supporters say it will make it easier and more affordable to get an equity loan and places caps on certain fees.
• Opponents say Prop 2 could raise costs for borrowers and decrease borrower protections.

*VOCAL believes Prop 2 could potentially erase constitutional protections for homeowners which were carefully negotiated when home equity loans were first authorized. It would disguise the potential for lender fee increases because the amendment excludes from the calculation of the fee cap certain items that generally represent the highest up‐front costs ‐ that of third‐party appraisals, surveys, title insurance, and title examination reports. Lenders would have greater incentive to increase their own origination fees despite the two percent limit and Prop 2 increases the prospective profits from loan origination fees, and would encourage improvident lending.  Lenders could later sell badly performing loans on the secondary market – such was the behavior that contributed to the 2007‐2009 recession. VOCAL is also concerned with the enabling language "establishing certain authorized lenders". Will this mean, only financial institutions approved by the Texas government have this opportunity to service homeowners? VOCAL recommends a NO vote.


Proposition 3 - Enabling Legislation SJR 34  Recommended Vote *Yes

“The constitutional amendment limiting the service of certain officeholders appointed by the governor and confirmed by the senate after the expiration of the person’s term of office.”

Members of most boards and commissions appointed by the Governor serve 6-year terms, but the Constitution currently requires appointees to serve until their successors are in office.This amendment would eliminate “holdover” appointments by removing officeholders from their positions at the conclusion of their term rather than allowing them to stay on until their position has been filled through appointment.

• Supporters say it will keep Governor appointees from staying in office long after their terms expire.
• Opponents say it could leave too many vacancies.

*While VOCAL holds that term limits are unconstitutional, the appointments by the Governor to hundreds of executive offices are not in violation , specifically for non-salaried positions, in which this amendment only applies. Further, if the removal of time limits on the appointments to non-salaried positions improves the efficient and just operation of the Texas government, then we recommend a Yes vote.


Proposition 4 - Enabling Legislation SJR 6  Recommended Vote *NO

“The constitutional amendment authorizing the legislature to require a court to provide notice to the attorney general of a challenge to the constitutionality of a state statute and authorizing the legislature to prescribe a waiting period before the court may enter a judgment holding the statute unconstitutional.”

This amendment would require courts to notify the Texas Attorney General if a case could impact the constitutionality of a state law.

• Supporters say this ensures that the state has an opportunity to defend against constitutional challenges to Texas law.
• Opponents say Prop. 4 will create longer wait times in constitutional court cases, prolong justice for Texans, and interfere with the state’s separation of powers.

*VOCAL believes this amendment could blur the lines between the 3 separate branches of Texas government and cause unwarranted delay in due process.  Many are not aware that the Texas AG is part of the Executive branch, not judicial. Prop 4 would increase the cost of due process to those initiating the court action. This amendment was passed as a law originally and then declared UNCONSTITIONAL. We believe Laws should be constitutional and uphold our God-given rights. Any challenge to the constitutionality of a law should be taken seriously and in an expeditious manner. VOCAL recommends a NO vote.

Note: Representatives Matt Rinaldi, Bricoe Cain, Jonathan Stickland, Tony Tinderholt and Senator Bob Hall voted against this legislation in the regular session.

Proposition 5 - Enabling Legislation HJR 100  Recommended Vote *NO

“The constitutional amendment on professional sports team charitable foundations conducting charitable raffles.”

This amendment would expand the definition of “professional sports team,” giving more organizations the ability to conduct “charitable raffles. Current definition of "sports teams" created in 2015 with the 84th legislative session include, MLB, NBA, NFL, NHL and MLS. Prop 5 is seeking to expand the definition to include, American Hockey League, East Coast Hockey League, American Assoc. of Independent Baseball, Atlantic League of Professional Baseball, Minor League Baseball, the NBA development league, National Women's Soccer League, NASCAR, United Soccer League, Major Arena Soccer League, Women's NBA, and any organization hosting a PGA event. It also removes the "CASH ONLY" purchase of raffle tickets and would allow "DEBIT CARD" purchases.

• Supporters say Prop. 5 would increase cash flow to nonprofit charities, especially in rural areas.
• Opponents fear this would expand a form of gambling and encourage other sports and non-sports groups to seek eligibility to hold raffles as well

*The original amendment was only recently passed in 2015 and didn't take effect until 2016.  There hasn’t been sufficient history since the 2015 amendment, to make an educated decision on these raffles and more time is needed. Government is not forcing anyone to participate, however there is a government cost to administer and police the “authorized” activity. VOCAL believes government shouldn’t be in the business of deciding who participates in charity in the first place. VOCAL recommends a NO vote

Note: Representatives Biedermann, Cain, Isaac, Lang, Leach, Rinaldi, Schaefer, Shaheen, Stickland, Swanson, Tinderholt, Zedler and Senators Birdwell, Burton, Hall, Hancock, Huffines, Taylor of Collin all voted against this legislation in the regular session.

Proposition 6 - Enabling Legislation SJR 1   Recommended Vote *NO

"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 first responder who is killed or fatally injured in the line of duty.”

This amendment would allow the Texas Legislature to provide a property tax exemption of the total appraised value of a homestead for surviving spouses of first responders killed or fatally injured in the line of duty, as long as the surviving spouse does not remarry. The exemption is allowed should the surviving spouse move and is retro-active to include all surviving spouses of deceased first responders. [The list of "first responders" includes: peace officers, paid probation officers, parole officers, paid jailer, organized police reserve or auxiliary unit, employees of the correctional institutions division, jailer or guard of a county jail, juvenile correction employee, employee of the Dept of Aging and Disability Services or Dept of State Health Services, individual certified by the Texas Commission on Fire Protection, an individual whose primaries duties are aircraft crash and rescue fire fighting, a member of a organized volunteer fire fighting unit, performs emergency medical services or operates an ambulance, a Chaplain for volunteer fire unit, law enforcement agency, or Texas Dept of Criminal Justice, a trainee for any of the positions listed above, an employee of DPS and deployed into field to assist law enforcement operations and employees of Texas Parks & Wildlife that assist/supports law enforcement.]

• Supporters say Prop. 6 would ensure families of fallen first responders, who have already suffered devastating loss, are not forced out of their homes by property taxes.
• Opponents urge focus on reducing property taxes for everyone rather than exempting specific categories of people, regardless of how deserving, and creating higher taxes for others.

* Although everyone wants to show gratitude to anyone who puts their life on the line in their work, whether it be for the government or private industry, increasing the tax burden on a shrinking number of homesteaders is not the answer. All property taxes should be abolished. This amendment does not allow all property owners to qualify for this tax exemption and again shrinks the tax base creating more burden on fewer and fewer tax payers. Texans should be concerned about the rampant growth in constituencies receiving property tax exemptions. These exemptions risk making Swiss cheese of the tax code, leaving taxpayers outside of the exceptions to pick up the cost. VOCAL recommends a NO vote

Proposition 7 - Enabling Legislation  HJR 37  Recommended Vote *Neutral

“The constitutional amendment relating to legislative authority to permit credit unions and other financial institutions to award prizes by lot to promote savings.”

This amendment would allow banks, credit unions, and other financial institutions to conduct promotional activities such as “savings promotion raffles, encouraging persons who would otherwise not be inclined to save money. This amendment does expand the boundaries of who may offer raffles, where the Texas Constitution currently limits them to charity events and/or organizations.

• Supporters say: This amendment would give banks and credit unions the ability to host savings promotion raffles, also known as prize-linked savings accounts (PLSAs), which offer incentives to save rather than spend or gamble away earnings.
• Critics say: This amendment amounts to a carve-out for one industry to do a raffle and would be the only non-charitable raffle allowed in the state.

*VOCAL believes there are questions as to what business the state has in deciding such transactions that carry little to no risk for the consumer. Reportedly there is no cost to the consumer, just a business expense to the financial institution however; there will be additional government costs to administer and police this activity. While gambling is not condoned, freedom to conduct business without government interference is supported. VOCAL is Neutral on this amendment

Priorities, Priorities

The 85th Texas Legislative Session ended on May 30, 2017 with plenty of fanfare and hoopla. During the final week emotions ran high as lawmakers threatened each other, and many important bills died a slow death. Read LONESTAR VOICE recap here. This week, Governor Abbott called for a special session to begin July 18th, resurrecting many of the bills and topics he deems vital for our legislators to take up and pass.

In May of 2016, the Republican Party of Texas, delegates, at their biannual convention passed a platform that included 5 key legislative priorities. The State Republican Executive Committee subsequently added 3 more items and sent the list to Governor Abbott, Lt. Governor Patrick and Speaker Joe Straus. These were the items deemed the most important to Republicans for this session. An updated letter from RPT chairman James Dickey and the SREC, calling for a special session can be read here.

As we noted at the beginning of the session, republicans hold the majority of seats in both the House and Senate, so it would be reasonable to expect these priorities to not only have passed but have passed early on and with overwhelming support. Lets take a look at each individually and how each representative within Senate District One did in relationship to the specific priorities.

Priority #1: Pass constitutional carry while maintaining licensing as optional for reciprocity purposes.

There were no bills filed in the Senate for this measure. The House however had 5 bills related to the priority but only 2 that met the priority language. HB 375 by Jonathan Stickland (92) never made it out of the Homeland Security Committee. Only Representatives Matt Schaefer (6) and Cole Hefner (5) signed on to this bill. HB 1911 was authored by Rep. James White (19) and later substituted by Rep. Schaefer on April 18th. The CSHB was reported to calendars on the 24th where it died. Rep. Jay Dean (7) signed as coauthor on May 2, Rep Hefner, Feb 22, Rep. Chris Paddie (9) on May 8, Rep Schaefer on March 13, and Rep. Gary VanDeaver (1) signed on March 28. Representatives Travis Clardy (11) and Byron Cook (8) did not sign on as coauthors. Rep. Schaefer sat on the Homeland Committee and Rep's Paddie and Cook were on the Calendars Committee. HB 300 which did nothing for Constitutional Carry but wanted to decrease the fees for licensing was placed on the general calendar, however its companion, SB 16 was passed and signed by the Governor on May 26. All SD 1 representatives signed on to this legislation except for Rep's Schaefer and VanDeaver.

Priority #2: Abolish Abortion

Only one bill was filed to completely abolish abortion in Texas in its entirety, HB 948 by Rep. Tony Tinderholt (94).  It was referred to State Affairs and was never given a public hearing. Only Rep Hefner from SD 1 signed on as coauthor, he did so on Feb 6. Rep. Cook chairs the State Affairs Committee and Rep Paddie is a member. There were plenty of bills that addressed the practice of abortion and those will be addressed in a later issue.

Priority #3: Border Security

Only 6 total bills addressed this issue and none made it out of their respective committees.  Rep Schaefer filed HB 2042 which dealt with interstate compact on border security and immigration enforcement. It was never heard in State Affairs committee. The State budget bill SB 1 dealt with funding and will be discussed in a separate article.

Priority #4: Call for a limited Article V convention of states

SJR 2 was passed by both chambers and filed with the Secretary of State's office on May 11. All SD 1 reps voted for it. All SD 1 reps except Sen. Hughes and Rep Cook signed as cosponsor of the resolution.

Priority #5:  Replace the property tax system with an alternative other than the income tax and require voter approval to increase the overall tax burden.

Representative Valoree Swanson (150), introduced the only bill, HB 1050, which would abolish the property tax and replace it with a more equitable system of funding State obligations. It never made it out of the Ways and Means Committee. No one from SD 1 signed on to this bill. SB 2 by Senator Paul Bettencourt (7) deals with how property taxes are calculated and applied. House version here. This bill ended the session in Calendars and is one of the items to be discussed in the special session. A write up on SB 2 can be found here on our Facebook page. Senator Hughes signed on as coauthor March 20.

Priority #6: School Choice

SB 3, educational savings accounts by Senator Larry Taylor (11) passed the Senate on March 30 but stalled in the House Public Education Committee where Rep VanDeaver sits. HB 1335 by Rep Ron Simmons (65), established ESA's for special needs kids. It was left pending in Public Education Committee as well. This bill has also been placed as a special session item. No one from SD 1 has signed on to this bill.

Priority #7: Sanctuary Cities

SB 4 was passed and signed by the Governor on May 7. A more in depth analysis of this bill will come at a later date. All SD 1 representatives voted in favor of final version.


Priority #8: Religious Liberty

Several bills were filed this session regarding this issue, however the more notable ones were SB 6 by Senator Lois Kolkhorst (18) and HB 421 by Rep. Matt Rinaldi (115). SB 6 was the so called 'bathroom bill' and was passed in the Senate on March 15. The House State Affairs committee never took the bill up, however the Senate through SB 2078 included the measure under school safety concerns. Rep Paddie offered an amendment requiring school districts to have a separate bathroom facility for any child that doesn't feel comfortable using a common bathroom or locker room. Texas Tribune article here. Many grassroots organizations opposed this amendment. Letter here. This item was also listed a special session item. HB 421 is the 'church security act'. It made it to Calendars where it also died. Rep's Dean, Schaefer, Clardy and Hefner all signed on as co-authors. Rep. Cook, Paddie and VanDeaver did not. If I didn't already say it, Cook and Paddie are on the Calendars Committee.

Saturday Morning update. 4/15/17

This week the Senate passed two bills by Sen. Hughes,

SB 944, Relating to the adoption of the Uniform Foreign-Country Money Judgments Recognition Act.

SB 813, Relating to recovery of damages, attorney s fees, and costs related to frivolous ’

regulatory actions by state agencies

Of note: The Senate also passed SCR 3, Claiming sovereignty under the Tenth Amendment to the U.S. Constitution over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution, serving notice to the federal government to halt and reverse certain mandates, and providing that certain federal legislation be prohibited or repealed

Passed out of House Committee's

Corrections Committee ( Rep. Schaefer )

HB 1041, Relating to the review of certain privately operated residential facilities for persons released on parole or to mandatory supervision.

Investment & Financial Services ( Rep. Dean )

HB 471, Relating to permitting credit unions and other financial institutions to award prizes by lot to promote savings.

HB 1701, Relating to the presentation of the investment policy of certain governmental entities to a business organization that conducts investment transactions for the entity.

HB 2647, Relating to authorized investments of public funds

Licensing & Administrative Procedures ( Rep. Paddie )

HB 47, Relating to the status and taxation of powdered alcohol as an alcoholic beverage.

HB 133, Relating to the status, regulation, and taxation of powdered alcohol as an alcoholic beverage; creating an offense

HB 442, Relating to the online publication of home addresses of certain occupational license holders.

HB 1247, Relating to notice provided to vehicle owners and lienholders by operators of vehicle storage facilities

HB 1555, Relating to the sale of lottery tickets by certain wine and beer retailers.

HB 1698, Relating to the licensing and regulation of a journeyman industrial electrician.

HB 2019, Relating to the regulation of manufactured homes.

HB 2113, Relating to the regulation of for-profit legal service contract companies.

HB 2097, Relating to the sale of malt liquor, ale, and beer by the holder of a brewpub license

HB 2275, by Paddie, Relating to the regulation of a service contract.

HB 2953, Relating to the definition of a public entertainment facility and the promotion, sponsorship, or advertising of an entertainment event or venue or alcoholic beverage at certain governmentally owned public entertainment facilities.

Passed on the House Floor

HB 280, A bill to be entitled An Act relating to a grant program for reducing workplace violence against nurses. Voting Yes were Paddie, Clardy, and VanDeaver. Voting No were Hefner, Schaefer, Dean, and Cook. Statement of votes by Cook & Dean said they intended to vote Yes.

HB 257, A bill to be entitled An Act relating to a report by the Texas Workforce Commission regarding the transition from military service to employment. All reps. voted Yes except for Schaefer.

HB 1862, A bill to be entitled An Act relating to the designation of certain river or stream segments as being of unique ecological value, (Passed 91-55), Voting Yes were Paddie, Dean, Cook, and VanDeaver. Voting No were Hefner, Schaefer, and Clardy.

HB 1178, A bill to be entitled An Act relating to the punishment for burglary and theft of controlled substances. All reps. voted Yes except for Clardy.

HB 271, A bill to be entitled An Act relating to the establishment of the Veterans Recovery Pilot Program to provide certain veterans with hyperbaric oxygen treatment. All reps voted Yes except for Schaefer.

HB 915, A bill to be entitled An Act relating to named driver insurance policies and certain related exclusions. All reps voted Yes except for Schaefer. Cook was absent and would have voted Yes.

HB 827, A bill to be entitled An Act relating to a database for prospective employers to qualify veterans military service experience and employment qualifications. Voting No were Hefner and Schaefer. All others voted Yes.

HB 970, A bill to be entitled An Act relating to the establishment of a state plan for Streptococcus pneumoniae education and prevention. All voted Yes except Schaefer

From Austin this week:

On Monday this week, SJR 2 and SB 21 were referred to the House Homeland Security and Public Safety Committee. Both deal with Article V Convention of States. 

HB 522 was passed out of the Business and Industry Committee and sent to House Floor Calendars, This Bill would prevent home owners associations from enforcing or adopting policies that would hinder a property owners display of religious displays on their property. 

The Investment and Financial Services Committee ( Rep. Jay Dean, HD 7) reported favorably a few Bills this week. 

HB 2648, Relating to including the obligations of Federal Home Loan Banks as authorized investments for a governmental entity.

HB 2928, Relating to including the obligations of Federal Home Loan banks as authorized investments for a governmental entity and the requirements for certificates of deposit or share certificates held as authorized investments for a governmental entity.

HB 2964, Relating to abandonment of shares of a mutual fund

HJR 37, Proposing a constitutional amendment relating to legislative authority to permit credit unions and other financial institutions to award prizes by lot to promote savings.


The State Affairs Committee (Rep. Chris Paddie, HD 9) reported favorably to Calendars

HB 29, Relating to prostitution and the trafficking of persons, civil racketeering related to trafficking, the prosecution of and punishment for certain sexual offenses and offenses involving or related to trafficking, reimbursement of certain costs for criminal victims who are children, and the release and reporting of certain information relating to a child; increasing a criminal penalty; creating a criminal offense. This Bill is set to be heard on the floor April 18th.

HB 89, Relating to state contracts with and investments in companies that boycott Israel.

The Criminal Jurisprudence Committee ( Rep. Cole Hefner, HD 5) reported favorably to Calendars. 

HB 913, Relating to the prosecution of the criminal offense of the possession, manufacture, transport, repair, or sale of certain prohibited explosive weapons.

The Higher Education Committee (Rep. Travis Clardy, HD 11) reported favorably two Bills to Calendars.

HB 655 by Clardy, Relating to the filing of a degree plan by students at public junior colleges, and 

HB 1198, Relating to the filing of a degree plan by students at public junior colleges.

The Homeland Security & Public Safety Committee ( Rep. Matt Schaefer, HD 6) reported favorably to Calendars

HB 56, Relating to the carrying of a handgun by a first responder engaged in the actual discharge of the first responders duties. 

HB 106, Relating to certain images captured by an unmanned aircraft.

HB 421, Relating to an exemption from application of the Private Security Act for volunteer security services provided at a place of religious worship. 

The Public Education Committee, (Rep. Gary VanDeaver, HD 1) referred to Calendars

HB 21, Relating to the public school finance system. 

HB 657, Relating to procedures for a student enrolled in a speial education program who fails to perform satisfactorily on certain assesment instruments.

HB 789, Relating to minimum scores required for students in certain school districts to pass an examination for acceleration or for credit.