November 7th Constitutional Amendment Election – Statewide
Early voting in person runs from Monday, Oct. 23 to Nov. 3.
Total Denton County Registered Voters as of 10/7/2023 – 623,043
“Set the Stage” – The State Legislature went into the biennial budget period (2023-2024) with a greater
than $30 billion budget surplus with the likelihood of generating an additional $30 billion surplus from
the Texas economy over the two-year period. Everyone went to the State Legislators with their hands
out. Some of these amendments to the Texas State Constitution are establishing additional
permanent spending.
The numbering of these Amendments are in the same order on all ballots statewide.
“History” – Since 1876 there have been 714 proposed Constitutional Amendments. 3 never made it to
a ballot, 14 are in this election and 517 have been adopted (74%) with 180 (26%) failing.
Proposition 1 (H.J.R. 126, 88th Leg., R.S.) - The constitutional amendment protecting the right to engage
in farming, ranching, timber production, horticulture, and wildlife management.
Explanation: The US Constitution bestows the right to private property ownership and the right to
conduct commerce within legal limits. The “Deep State” (Yes, we have it in Texas too) would call this
right a new right in Texas but really, H.J.R. 126 amends the Bill of Rights to the Texas Constitution
(Article I) by adding Section 36, which would protect the people’s right to engage in generally accepted
farm, ranch, timber production, horticulture, or wildlife management practices on land they own or
lease. The State of Texas is using the power of eminent domain to take large ranches where cities want to build water reservoirs or to regulate ranches using city ordinances when the city annexes adjoining and as a way to harass the landowners. This emphasizes the rights of cities over individual property owners. The proposed amendment also provides that this right to engage in these activities does not affect the State Legislature’s authority to enact laws authorizing use of the power of eminent domain.
This proposed amendment also guarantees the State of Texas the right to regulate these industries.
Thimesch HD 65 – Yes; Parker SD 12 – Yes. Supported by Commissioner Sid Miller and the Farm
Bureau
Proposition 1 Recommendation: Vote YES
Proposition 2 – SJR 64 "The constitutional amendment authorizing a local option exemption from ad
valorem taxation by a county or municipality of all or part of the appraised value of real property used to
operate a child-care facility."
Explanation: This amendment allows cities and counties to provide a special property tax exemption for
child care facilities used to operate a child-care facility of at least 50% and up to 100% of the assessed
value of the real property used. This is a special purpose tax exemption.
Thimesch HD 65 – No; Parker SD 12 – No.
Proposition 2 Recommendation: Vote NO
Proposition 3 – HJR 132 "The constitutional amendment prohibiting the imposition of an individual
wealth or net worth tax, including a tax on the difference between the assets and liabilities of an
individual or family."
Explanation: This amendment would prohibit the State of Texas or any other governmental jurisdiction
from imposing a wealth or net worth tax without a voter vote to amend the Texas State Constitution.
There is already a franchise tax imposed on companies doing business in Texas which is based on both income and assets. The Texas Constitution prohibits an income tax on individuals.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 3 Recommendation: Vote YES
Proposition 4 – HJR 2 "The constitutional amendment to authorize the legislature to establish a
temporary limit on the maximum appraised value of real property other than a residence homestead for
ad valorem tax purposes; to increase the amount of the exemption from ad valorem taxation by a school district applicable to residence homesteads from $40,000 to $100,000; to adjust the amount of the limitation on school district ad valorem taxes imposed on the residence homesteads of the elderly or disabled to reflect increases in certain exemption amounts; to except certain appropriations to pay for ad valorem tax relief from the constitutional limitation on the rate of growth of appropriations; and to
authorize the legislature to provide for a four-year term of office for a member of the board of directors
of certain appraisal districts."
Explanation: The Texas Legislature approved a $12.7 billion package of property tax cuts that require
voter approval in this amendment. $7.1 billion would be sent to school districts so that they can lower
their rates. This amendment also raises the state’s maximum school district homestead exemption to
$100,000 on a temporary basis. This will cost the remainder or $5.6 billion of the total funding. This
amendment restructures the Appraisal District Board of Directors and allows voters to elect three
people at large to represent them on the Board. This amendment will also expand the number of
businesses that do not have to pay franchise tax.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 4 Recommendation: Vote YES
Proposition 5 – HJR 3 "The constitutional amendment relating to the Texas University Fund, which
provides funding to certain institutions of higher education to achieve national prominence as major
research universities and drive the state economy."
Explanation: This amendment would rename the National Research University Fund to the Texas
University Fund. The university fund would gain the annual interest income, dividends and investment
earnings from Texas’ rainy day fund to support research at state universities. Total money moved to the university fund in the 2024 fiscal year would be limited to $100 million. The annual amount may be
adjusted for inflation and is limited to a 2% growth rate. The Texas A&M and University of Texas systems will not receive money from the fund as they receive research funds from a separate Permanent University Fund.
House Bill 1595 will also take effect if the amendment is passed, requiring the Texas Higher Education
Coordinating Board to determine which universities are eligible and the size of each deposit. The fund
will be managed by the comptroller and the Texas Treasury Safekeeping Trust Company. This
amendment is made to provide funding for Texas Public Universities that are not in the University of
Texas or Texas A&M University systems.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 5 Recommendation: Vote YES
Proposition 6 – SJR 75 "The constitutional amendment creating the Texas water fund to assist in
financing water projects in this state."
Explanation: This resolution would create a new special fund in the State Treasury outside of the
general revenue fund, endowed with a $1 billion down payment. The fund would be administered by
the Texas Water Development Board to support a wide range of projects including fixing Texas’ aging,
deteriorating pipes, acquiring more water sources and mitigating water loss.
A portion of the fund would have to be used for water infrastructure projects in rural areas as well as for
water conservation strategies and water loss projects. At least 25% of the fund would be used for the
New Water Supply Fund for Texas, which will support projects to increase the state’s water supply
through, for example, marine desalination and treating “produced water,” which comes from the
ground during the oil fracking process. The new fund would be created Jan. 1, 2024.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 6 Recommendation: Vote YES
Proposition 7 – SJR 93 "The constitutional amendment providing for the creation of the Texas energy
fund to support the construction, maintenance, modernization, and operation of electric generating
facilities."
Explanation: This resolution would create a state fund allowing officials to distribute loans and grants
to companies with the aim of building new natural gas-fueled power plants. This would include giving a
3% interest loan for the construction of or upgrades to gas-fueled power plants on the state’s main
electric grid and paying a bonus for getting new plants connected by June 2029. Enabling legislation is SB 2627. The Legislature set aside $5 billion to fund these programs for the next two years. Supporters say more gas-fueled power is needed because it can come on any time, unlike wind and solar power that depend on the wind to blow and the sun to shine to operate. Still, gas-fueled power plants are not always reliable and emit greenhouse gasses, which are driving climate change but are better than coal-fueled power plants.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 7 Recommendation: Vote YES
Proposition 8 – HJR 125 "The constitutional amendment creating the broadband infrastructure fund to
expand high-speed broadband access and assist in the financing of connectivity projects."
Explanation: Texas lawmakers made an investment in broadband development by passing a bill which
would create the Texas broadband infrastructure fund — pending approval of this resolution.
With the passage of this resolution, $1.5 billion would be allocated to expand internet availability in
Texas, where some 7 million people currently lack access. These dollars would help pay to develop and
finance broadband and telecommunications services as well as 911 services. The fund will also provide
matching funds with Federal money from the Broadband Equity, Access and Deployment Program
(funds provided by cell phone bill taxes).
Thimesch (co-author) HD 65 – Yes; Parker SD 12 – Yes.
Proposition 8 Recommendation: Vote YES
Proposition 9 – HJR 2 "The constitutional amendment authorizing the 88th Legislature to provide a
cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas."
Explanation: Teachers have their own retirement system called the Teacher Retirement System of
Texas. Teachers do not pay into the Federal Social Security System. School Districts (using taxpayer
funds pay generous matches into Teacher Retirement. The Fund hires its own management and makes
its’ own investments to provide adequate funding for retirees. Generally, teachers receive higher
payment from TRS than they would from Federal Social Security. When the TRS funds do not make good investment decisions, the Fund cannot make reasonable cost-of-living adjustments.
During the regular session, lawmakers passed Senate Bill 10, which would provide some retired Texas
teachers with cost-of-living raises to their monthly pension checks. For some, this is the first raise they
will see in almost 20 years. But to afford these raises, lawmakers need to ask voters to allow them to use $3.3 billion from the general revenue fund and move it to the retired teachers fund. Since the Fund is supposed to be selfsupporting, this sets a dangerous precedent.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 9 Recommendation: Vote NO
Proposition 10 – SJR 87 "The constitutional amendment to authorize the legislature to exempt from ad
valorem taxation equipment or inventory held by a manufacturer of medical or biomedical products to
protect the Texas healthcare network and strengthen our medical supply chain."
Explanation: School districts, cities and counties are currently allowed to collect property taxes on the
value of equipment and inventory that are held by the manufacturers of medical or biomedical
products, such as pharmaceuticals, personal protective equipment stocks, and medical devices.
This amendment would exempt those from a facility’s overall property values, leading to a potential
decrease in their taxes. The new exemption would cost districts some $207 million in estimated revenue over the next five years, according to a financial analysis.
Supporters of the exemption say that it will encourage more manufacturers in the industry to locate in
Texas, lower healthcare costs and strengthen the medical supply chain. Detractors say that school
districts are already strapped for money and that the same goals can be achieved without lowering their revenue. They also point out that the amendment doesn’t keep taxing entities from raising tax rates to make up for the loss. This is an industry-specific tax exemption.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 10 Recommendation: Vote NO
Proposition 11 – SJR 32 "The constitutional amendment authorizing the legislature to permit
conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes
to fund the development and maintenance of parks and recreational facilities."
Explanation: Eleven counties’ conservation and reclamation districts are currently permitted to issue
bonds supported by property taxes to fund recreational development and improvement. This proposed
amendment would add El Paso County to the list.
Conservation and reclamation districts aid in managing stormwater storage, land irrigation and the
conservation and development of forests within their designated boundaries. Critics of the amendment
say it could cause property taxes to increase for El Paso County residents. This allows mostly rural
counties with vast land resources to fund improvements with county property taxes.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 11 Recommendation: Vote YES
Proposition 12 – HJR 134 "The constitutional amendment providing for the abolition of the office of
county treasurer in Galveston County."
Explanation: If passed by a majority of Texans and Galveston County residents, this amendment would
abolish Galveston County’s office of the county treasurer, an office that exists in other counties.
The office’s current role is to act as a bank for the county, which includes overseeing county
investments, maintaining records of deposits and withdrawals and ensuring the safety of county funds.
The Commissioner’s Court of Galveston County would be allowed to employ or contract an existing
county official or other qualified person to complete tasks previously under the office.
Galveston County’s current treasurer, Hank Dugie, ran on eliminating the position and said in his
campaign video the office is, “redundant and a waste of more than half a million dollars each year.” The
County Treasurers Association of Texas opposes the proposition, however, arguing that such a change
won't save money and that having an independently elected treasurer — rather than an employee of
the commissioners court — ensures a separation of powers in the county and creates a system that
lets a treasurer "challenge the commissioners’ court if they question the legality and propriety of a
payment order."
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 12 Recommendation: Vote NO
Proposition 13 – HJR 107 "The constitutional amendment to increase the mandatory age of retirement
for state justices and judges."
Explanation: Voters will decide if state judges can retire at 79, instead of the current mandatory
retirement age of 75. Proposition 13 would also increase the minimum retirement age from 70 to 75 for
state judges. Legal groups advocating for the change argued that more people are working later into their careers than previous generations. Supporters say extending this mandatory retirement age will minimize judicial turnover by keeping elected public servants, who are willing to do this work, on the bench.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 13 Recommendation: Vote YES
Proposition 14 – SJR 74 "The constitutional amendment providing for the creation of the centennial
parks conservation fund to be used for the creation and improvement of state parks."
Explanation: Texas ranks 35th in the nation for state park acreage per capita, according to a report by
Environment Texas. This pressured lawmakers to propose investing more than $1 billion for state parks, which advocates said would create “a new golden age” for the park system. The funding would go to buying more land for the state parks system, which celebrates its 100th anniversary this year.
The first State Park that may be purchased with these funds is the Fairfield State Park, leased by the
State for decades and now in the middle of an eminent domain fight.
Thimesch HD 65 – Yes; Parker SD 12 – Yes.
Proposition 14 Recommendation: Vote YES
November 7th Constitutional Amendment Election – Statewide
Early voting in person runs from Monday, Oct. 23 to Nov. 3.
SCORECARD:
Proposition 1 Recommendation: Vote YES
Proposition 2 Recommendation: Vote NO
Proposition 3 Recommendation: Vote YES
Proposition 4 Recommendation: Vote YES
Proposition 5 Recommendation: Vote YES
Proposition 6 Recommendation: Vote YES
Proposition 7 Recommendation: Vote YES
Proposition 8 Recommendation: Vote YES
Proposition 9 Recommendation: Vote NO
Proposition 10 Recommendation: Vote NO
Proposition 11 Recommendation: Vote YES
Proposition 12 Recommendation: Vote NO
Proposition 13 Recommendation: Vote YES
Proposition 14 Recommendation: Vote YES