Huh? Learn what Texas constitutional amendments on Nov. 7 election ballot actually mean

Cuts in property taxes and a pension increase for retired teachers are up for a vote in the Nov. 7 election, but voters may not know that just by reading their ballot.

Voters start heading to the polls on Monday, but like in years past, some of the legal-jargon laden proposals are headache inducing. Some propositions are missing context and details of the plans.

Authors must strike a balance to provide enough context and be fair without overloading voters with too much information and cluttering the ballot.

Latin phrases like “ad valorem” taxes — commonly known as property taxes — shouldn’t be on a ballot, said Rep. Mike Schofield, a Katy Republican. Instead plain language should be used, he said.

“Nobody can amend the Texas Constitution without the voters getting to vote on it,” Schofield said. “That vote isn’t particularly meaningful if regular voters going into the voting booth can’t tell what the constitutional amendment does.”

This year’s constitutional amendments require on average 18 years of education to comprehend, according to an analysis by Ballotpedia of readability — the equivalent of a second-year graduate student. An estimated 20% of Texans 18 and older had a bachelor degree as of 2022, according to Census Bureau data.

Only state lawmakers can bring a constitutional amendment to Texas voters, unlike in 26 other states where initiatives can get on the ballot through a citizen petition. The lawmaker proposals tend to have higher grade level scores, said Victoria Rose, Ballotpedia’s ballot measure team leader who is based in North Texas.

Some states include summaries of measures on ballots to help voters. North Dakota recently passed a law that requires ballot measures be written in plain, clear, understandable language, using words with common, everyday meaning, Rose added.

Schofield authored legislation to require Texas’ amendments appear on the ballot in plain language, but it didn’t get a committee hearing during the legislative session that ended in late May.

Some lawmakers have taken matters into their own hands to educate voters, including in North Texas.

Rep. Nicole Collier, a Fort Worth Democrat, is breaking down the proposals in a series of social media posts leading up to the election. Her first post Wednesday explained what Proposition 1 means in simple terms and an explanation of why it’s on the ballot, including supporter arguments for and against the proposal.

Rep. Lynn Stucky, a Denton Republican, offers explanations on his website and sent a column to local newspapers summarizing the measures.

Rep. Craig Goldman, a Fort Worth Republican, sent a newsletter to constituents with summaries.

“It’s all about educating,” Goldman said.

So what exactly are Texas voters deciding when they head to the polls?

Early voting runs from Oct. 23 to Nov. 3.

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Proposition 1

The ballot language: “The constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management.”

The plain language: The Texas constitution would be updated to affirm that people have the right to farm, ranch, produce timber, garden and manage wildlife on land they own or rent.

The context: The governing document would read: “The people have the right to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices on real property they own or lease.”

The Legislature could still allow the regulation of the agriculture practices to protect crop production, natural resources, the health of animals and, when there’s “imminent danger,” public health and safety.

Supporters say that as Texas’ population grows, particularly in suburbs that were once rural, agriculture production must be protected from possible over-regulation, according to the Texas Legislative Council. But opponents fear the amendment is too vague and could impede on governments’ ability to protect people’s health and safety.

Proposition 2

The ballot language: “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.”

The plain language: The constitutional amendment would let cities and counties exempt certain child-care facilities from property taxes.

The context: The exemption would be based on the facility’s appraised value, and local governments using the exemption would have to allow at least half of a facility’s appraised value be exempt.

It’s estimated that 145 providers in Tarrant County serving 13,300 children would benefit from the tax exemption.

Requirements to qualify for the exemption include participation in the Texas Rising Star Program, a quality rating and improvement program for early childhood programs. At least 20% of their enrolled children must also receive subsidized child-care services through Texas Workforce Commission programs.

Supporters argue the amendment could help businesses and families with high child care costs, according to the Texas Legislative Council. The savings could also help with the staff retention and hiring.

No one testified against the constitutional amendment or its enabling bill when they were heard in committee during the regular legislative session, but a number of lawmakers in both chambers did oppose the proposal. One argument against the bill is that lowering the tax for child care facilities could have the opposite effect on homes and other businesses, according to the League of Women Voters of Texas, a nonpartisan organization that regularly puts out voter guides.

Proposition 3

The ballot language: “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.”

The plain language: The Texas constitution would prohibit taxing a person or family’s net worth, including implementing a tax based on the difference between someone’s assents and their liabilities.

The context: Texas doesn’t have a “wealth tax” — a tax applied to a person’s net worth — and this constitutional amendment would keep it that way. Such a tax doesn’t exist anywhere in the U.S., though there have been proposals in several states.

The change would ensure future lawmakers can’t impose such a tax, unless they go back to voters in the future, supporters say, according to the Texas Legislative Council. (The constitution would again have to be amended, a higher threshold than the Legislature imposing the tax outright.) Opponents caution that we don’t know Texas’ future needs and say the measure is unnecessary.

The amendment is similar to one approved by voters in 2019 that banned lawmakers from creating an income tax — a tax that exists in all but seven states. Texas does not have an income tax.

Proposition 4

The ballot language: “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.”

The plain language: This one’s a doozy to understand, but in short, the constitutional amendment aims to reduce your property tax bill.

Let’s go sentence by sentence. It would:

• Create a temporary appraisal cap when calculating school property taxes for properties besides primary homes, which already get a homestead exemption.

• It would increase Texas’ homestead exemption to $100,000.

• It would ensure those who are disabled and/or 65 and older get their homestead exemptions.

• State money would fund a cut in school property taxes.

• Members of some appraisal district boards would serve four year terms.

The context: OK ... but what does that all mean for you and your property tax bill? Let’s break it down again.

• Currently businesses and other properties besides a person’s primary home don’t get an appraisal cap on school property taxes. The amendment would change that, creating a 20% appraisal cap on non-homestead residential properties and businesses valued at or below $5 million when calculating school property taxes. The cap, which lasts for three years, limits a property’s appraised value for tax purposes.

• Texas homestead exemption for school property taxes is $40,000. This bumps it up by $60,000.

• Those who are 65 and older or disabled have their property taxes frozen. This would make sure they can also access the increased exemption. Homeowners who 65 and older or disabled are also eligible for an additional $10,000 off their appraisal under current law.

• The Legislature allotted money to reduce school property tax rates by 10.7 cents for homeowners and businesses. The average total school tax rate would drop to 93 cents per $100 of value, according to estimates from Texas Taxpayers and Research Association — savings of $1,209 on a $350,000 home with the $100,000 homestead exemption.
  
  

• Property tax rates are set by local school districts, but the state can help drop them by funding public schools. The cut is in addition to one lawmakers made in 2019 that continue to apply to tax bills.

• In counties with more than 75,000 people, like Tarrant County, members of an appraisal district’s board of directors would serve four year terms, rather than two. The amendment is in conjunction with other changes to the boards, including three additional board members who are elected by voters rather than appointed.

This proposition was the result of months of negotiations between the House and Senate. Leaders in the chambers agreed property tax cuts were needed, especially with a large budget surplus to work with, but disagreed on how to best deliver the cuts. Some have criticized the plan for not directly addressing renters, but supporters have cheered the potential savings for Texans.

It is funded using $12.3 billion in surplus from the state budget.

Proposition 5

The ballot language: “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.”

The plain language: The constitutional amendment relates to the Texas University Fund, which provides funding to certain public universities to help them get national attention for research and to boost Texas’ economy.

The context: This amendment renames the national research university fund the Texas University Fund, which could be used by some universities.

Up to $100 million in interest income, dividends, and investment earnings from the Economic Stabilization Fund, commonly called the “Rainy Day Fund,” will be used to finance the Texas University Fund.

The University of Texas at Austin and Texas A&M University couldn’t tap the dollars, as they have access to a different fund, the Permanent University Fund, which other state universities cannot use. An accompanying bill that goes into effect if the amendment passes lets Texas State University, Texas Tech University, the University of Houston and the University of North Texas access the fund.

The Texas University Fund would help universities be more competitive in research and recruitment, supporters say according to the Texas Legislative Council. Opponents have raised concerns about using dollars from the rainy day account.

Proposition 6

The ballot language: “The constitutional amendment creating the Texas water fund to assist in financing water projects in this state.”

The plain language: The amendment establishes a fund to help pay for water projects in the state.

The context: The new fund would be administered by the Texas Water Development Board and financed with $1 billion from Texas’ most recent budget.

Twenty-five percent of the allotment must go to the New Water Supply for Texas Fund. The fund is established in an accompanying bill and aims to finance projects that lead to seven million acre-feet of new water supplies by December 31, 2033. These include desalination projects, aquifer storage and recovery projects, the transfer of water and projects related to produced water, which comes out of the ground during oil and gas extraction.

Supporters say that as Texas’ population booms and drought persists, the state needs funding to help aging infrastructure and fund new water projects, according to the Texas Legislative Council. Opponents say new programs are unnecessary and could be addressed by the Texas Water Development Board.

Proposition 7

The ballot language: “The constitutional amendment providing for the creation of the Texas energy fund to support the construction, maintenance, modernization, and operation of electric generating facilities.”

The plain language: The constitutional amendment creates a fund to help build, maintain, update and operate electric generating facilities.

The context: In February 2021, millions of Texas were left without power, some for days, during a winter storm that brought Texas power grid to its brinks. Since the deadly failure of Texas’ grid, there have been efforts by state lawmakers to improve its reliability.

If approved, the proposition would allow the creation of a $5 billion fund to help with the construction, maintenance and operation of electric generating facilities. The facilities could qualify for loans or grants financed through the fund, which would be administered .by the Public Utility Commission.

The funds would go to projects focused on “dispatchable” energy — energy managed by forces under human control, i.e. natural gas, rather than solar or wind power.

Supporters say the dollars are needed to bolster grid reliability, but some opponents think those funds are better financed through the ratepayer system, according to the Texas Legislative Council. The League of Women Voters notes that supporters advocate for energy that can be quickly provided when demand is high, while opponents say leaving out renewable sources means funding power sources that harm the environment and may cost more.

Proposition 8

The ballot language: “The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.”

The plain language: The amendment creates a fund to help expand high-speed internet access in Texas.

The context: Voters would approve a $1.5 billion fund to expand broadband and telecommunication services in Texas. The fund last 10 years, unless extended by Texas lawmakers.

The dollars could be used to support the Texas Broadband Development Office, 9-1-1 services, replacing broadband poles, matching federal money for broadband equity, access and development and for expanding broadband in economically distressed communities.

Supporters say it its important people have access to internet, and this would help to close the digital divide, according to the Texas Legislative Council. Opponents say funds have already been allocated from other sources, so it’s not necessary.

Proposition 9

The ballot language: “The constitutional amendment authorizing the 88th Legislature to provide a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas.”

The plain language: The amendment gives retired Texas teachers an increase on their pension.

The context: Public school teachers get their retirement benefits through the Teacher Retirement System. The pension increase is tiered based in when the former employee retired.

• Teachers who retired between Sept. 1, 2013 and Aug. 31, 2020 would get a 2% adjustment.

• Teachers who retired between Sept. 1, 2001 and Aug. 31, 2013 would get a 4% adjustment.

• Teachers who retired on or before Aug. 31, 2001, would get a 6% adjustment.

If deceased, the adjustments would extend to the former employee’s spouse. It’s been 20 years since retired teachers received a cost of living adjustment, and supporters argue the relief is much needed, according to the Texas Legislative council. The proposal wasn’t opposed during the legislative session that ended in May, according to the council.

The pension increase costs the state about $3.35 million.

Proposition 10

The ballot language: “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 health care network and strengthen our medical supply chain.”

The plain language: Businesses that produce medical or bio medical products could have equipment — think tools, protective equipment, pharmaceuticals — and inventory exempt from property taxes.

The context: Supporters say the amendment would boost investment in Texas’ medical manufacturing industry, creating jobs and helping Texas’ medical supply chain, according to the Texas Legislative Council.

The proposed amendment and its enabling bill passed out of the House and Senate with support from the majority of Republicans and Democrats, but didn’t have anyone testify against it. Arguments against the bill include potential revenue losses and an increased tax burden, particularly in communities with biomedical manufacturers, according to the League of Women Voters of Texas.

A fiscal note estimates state revenue losses of $28.8 million in fiscal 2025 and a $43.1 million loss for school districts.

Proposition 11

The ballot language: “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.”

The plain language: The amendment permits conservation and reclamation districts in El Paso County to issue property tax supported bonds for the development and maintenance of parks and recreation facilities.

The context: The amendment adds El Paso to the list of Texas counties where lawmakers can allow special districts, like water control and improvement districts, municipal management districts, and special utility districts to create parks and recreational facilities.

Districts El Paso could issue tax-funded bonds to finance and maintain recreational facilities.

Supporters think the amendment would address the community’s need for more parks, but opponents say the districts don’t need the authority to assess property taxes, according to the Texas Legislative Council.

Proposition 12

The ballot language: “The constitutional amendment providing for the abolition of the office of county treasurer in Galveston County.”

The plain language: The amendment would eliminate the county treasurer office in Galveston County.

The context: The proposal has to be approved by a majority of Texas voters and Galveston County voters to pass. The coastal area includes Galveston and League City.

The commissioners court could hire or designate someone to carry out the treasurer’s job duties.

Supporters say the role could be absorbed by other county officials, saving taxpayer dollars. Removing the office is supported by the county’s current treasurer, Hank Dugie, as well as the commissioners court and all cities in the county, according to the Texas Legislative Council.

Opponents argue the office, led by an elected official, maintains checks and balances in county government. There wouldn’t be any real cost savings since the jobs performed by the treasurer must still be done, which could mean hiring other employees, they say.

Proposition 13

The ballot language: “The constitutional amendment to increase the mandatory age of retirement for state justices and judges.”

The plain language: The constitutional increases the age when Texas judges must retire.

The context: Currently, judges older than 75 cannot serve in Texas courts. This amendment raises the maximum age to 79. Additionally, the Legislature could vote to set the mandatory retirement age to 75 (currently it’s 70.)

Supporters argue increasing the age for required retirement lets experienced judges who want to keep serving stay on the bench. This could help with turnover and stability in the judicial system, they say, according to the Texas Legislative Council. The age increase didn’t have opposition during the legislative session, the council says.

Proposition 14

The ballot language: “The constitutional amendment providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks.”

The plain language: The constitutional amendment creates a fund marking 100 years of state parks in Texas. The money could be used to create new state parks and improve existing ones.

The context: The budget approved by lawmakers earlier this year includes $1 billion for the Parks and Wildlife Department for the fund, but the constitutional amendment must pass before the dollars are allotted.

Supporters say the state park system is strained by the amount of people wanting to enjoy the land, and the dollars would help keep parks accessible for future generations.

The proposal passed out of the House and Senate with the support of most lawmaker — Republicans and Democrats. Possible opposition could come from the ideas that taxpayer dollars shouldn’t be spent on parks or that expanding the park system could infringe on private development, according to the League of Women Voters of Texas.

Want to know more?

Here are some resources that offer analysis of the 14 proposed constitutional amendments.

Phones are not allowed in the voting booth, so it could be helpful to jot down on a piece of paper how you plan to vote on each of the amendments.

Texas Legislative Council: The nonpartisan legislative agency is tasked with analyzing bills to help lawmakers and their staff. On their website. the council has an in-depth guide on all of the proposed amendments, including arguments made for and against the various measures.

League of Women Voters of Texas: The League of Women voters of Texas has released its voter guide, which offers overviews of the amendments, arguments for and against them and information on the voting process. The guide is available in English, Spanish, Vietnamese and simple Chinese.

Ballotpedia: A self described “digital encyclopedia of American politics,” Ballotpedia has breakdowns of the 14 propositions, including lawmaker vote breakdowns and links out to primary sources for those wanting to dig deeper. That information can also be found on Texas Legislature Online at capitol.texas.gov.