Tuesday, October 22, 2013

The Texas Constitutional Amendments in Plain Language

From the editor:  The ballot for the November 5, 2013 election has no candidates for Brownsville, only 9 amendments for approval to the Texas State Constitution.  Below is our synopsis of the essence of each proposed amendment.  This was posted at the bottom of another story, but we're letting it stand alone.  If I've misstated or misrepresented anything, I will gladly adjust the wording to more accurately reflect the intent:

MMB "Cliff Notes" for the Constitutional Amendments

Amendment 1: This amendment gives the surviving spouse of someone in the U.S. military killed in action an exemption on all or part of their property tax as long as they do not remarry. The amount of that original exemption can be transferred to a new homestead(personal) property as long as the spouse doesn't remarry. This amendment, if passed, would apply starting 1/1/2014. There is little opposition to this amendment although some are concerned that if the list of those receiving property tax exemptions grows, eventually the general tax rate may have to be raised.

Amendment 2: This amendment does away with the State Medical Education Board and the funds authorized back in 1952 to lure doctors into rural areas. The program failed and has been replaced by more effective concepts. Almost no one seems to oppose this.

Amendment 3: This amendment allows a city, county or school district to extend the exemption of aircraft parts beyond 730 days. Aircraft is taxable, just not the parts for the first two years. Supposedly, the current law discourages those in the aircraft business from locating in Texas.

Amendment 4: This amendment allows a full or partial exemption on the tax of a disabled veteran or the surviving spouse of a disabled veteran on homestead property. The surviving spouse retains the exemption as long as he or she does not remarry.

Amendment 5: This amendment allows a so-called reverse mortgage on a homestead property also giving the issuer of the reverse mortgage protection if the property is no longer occupied as a principal residence. The amendment mandates counseling for the borrower and spouse before entering into a reverse mortgage. The monies from a reverse mortgage may be used to purchase another homestead in a single transaction saving closing costs for borrowers 62 and over. Language in this amendment requires borrowers to be carefully informed of their options and obligations to prevent foreclosure.

Amendment 6: This amendment creates a State Water Implementation Fund outside the general fund, authorizing the transfer of state monies into that fund. The initial contribution to the fund is $2 billion from the economic stabilization fund. Opponents cite two water funds already in place and prefer water needs be handled at the local level.

Amendment 7: Currently, the constitution calls for an election within 120 days if a vacancy occurs in a city office with at least a 2 and not more than a 4 year term regardless of how many months are left in the term. This amendment allows for a city to fill a vacancy of 12 months or less by appointment in harmony with their charter.

Amendment 8: This amendment would allow Hidalgo County to raise the current limit of 10 cents per $100 evaluation of property tax to create a hospital district.  Some feel the current constitutional limitation will handicap the county in recruiting new medical facilities.

Amendment 9: This amendment allows the State Commission on Judicial Conduct, following formal proceedings, to extend the reprimands for judicial misconduct to include public censure, removal and/or forced retirement or requiring a judge to obtain additional training in addition to current sanctions. This amendment encourages open as opposed to closed hearings.


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