Thursday, October 15, 2009

Texas Constitutional Propositions for Nov 3rd ballot

I received an email the other day, talking about how prop's 1, 2, and 3 would raise your taxes if your a homeowner in Texas. This is not the case, below are some explanations of what the props are and how they will work. Take a look and decide for yourself, most state Ag organizations are in favor of 1, 2, 5, and all are in favor of prop 11!

Prop 1 - Allows towns and counties to issue bonds to build infrastructure to protect or promote the mission of a military installation through buffer areas. By acquiring buffer areas or open spaces adjacent to a military installation, this would prevent encroachment from urban sprawl and would facilitate the construction of infrastructure to protect or promote the mission of the military installation.

Basically, it would help to keep Military bases from getting squeezed by urban sprawl, and/or economic development, thereby keeping them from moving to another state. Yes, the city/town or county could issue bonds to pay for this and that means that taxes would more than likely have to be increased to pay for those bonds, but, in order for bonds to be issued, they must be voted on by the people of that community/county. And if you don't live next to a military base, then you should worry about it.

Vote Yes on Prop 1

Prop 2 - legislature authorized to provide for the ad valor em taxation of a residence homestead solely on the basis of the property's value as a residence homestead.

In previous years, the appraisal value of residence homesteads increased by 200 to 400 percent in a single year when arrived at by application of the highest and best use standard. This amendment would allow the legislature to provide for valuation of a residence homestead solely on the basis of its value as a homestead, eliminating the influence of consideration of the highest and best use.

This is pretty close to what existing property tax practices are now, but resembles the restrictions that already apply to agricultural and open-space land. Texas protects those types of properties from large appraisal increases resulting from consideration of the highest and best use. If does not similarly protect residence homesteads. This prop would extend such protection to homeowners whose neighborhoods are in transition from residential uses to commercial development. This would only apply to primary homes, and not second homes or investment properties.

In other words, your home would be appraised based on residential values and would not be based on commercial valuations, strictly residential appraisal and would not cause your taxes to rise.

Vote Yes on Prop 2

Prop 3 - Since appraisal districts/counties all over the state appraise similar properties in different ways, (i.e. mineral rights in West Texas might be worth more than mineral rights in East Texas), and this would allow the legislature to strengthen state oversight of appraisal district practices and procedures.

The only thing is, if this is passed, then the legislature would have to come up with more legislation on how to implement state enforcement authorized by the amendment, because they did not provide for this in this amendment.

Vote - NO - there is too much legislative gray area here.

Prop 5 - Would allow authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations.

Basically it would allow rural areas/counties to put together a more qualified appraisal review board made up of members with more expertise to serve, where there are sometimes fewer qualified persons within one county.

Vote Yes on Prop 5

PROP 11 - Prohibits the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature's authority to grant the power of eminent domain to an entity.

In a nutshell, this is the first step to stronger eminent domain REFORM in Texas. Texas has the most lacking eminent domain laws in the country. This is the reason why TxDot was and is still working on the Trans Texas Corridor (I-69, I-10, etc...), it’s not dead yet. Another example is the city of Austin has been or was condemning property for economic development in the last few years, which is currently legal, but this amendment would stop that from happening and keep it from happening again in the rest of the state.

We still need more eminent domain reform laws in the future, and should get them in the next legislative session in 2011, but until then, Prop 11 will go a long way in protecting the private property rights in Texas.

VOTE YES ON PROP 11 !!!!!!


The rest of the props aren't really that important to the rights of most Texans, they mainly deal with red tape. So vote on them based on your views.

Prop 6 - authorizing the Veterans' Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized. This would cut through more red tape.

Prop 7 - Allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices.

Prop 8 - Allow state to contribute money, property, and other resources for the establishment, maintenance, and operation of veteran’s hospitals in the state.

Prop 9 - Protect the right of the public to access and use public beaches on the seaward shore of the Gulf of Mexico.

Prop 10 - Elected members of the governing boards of emergency services districts may serve terms not to exceed four years.

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