Constitutional amendments to appear on November ballot

County residents have followed the ongoing discussions about construction of a new Lampasas County Jail, and they will have an opportunity to ratify or defeat bond funding for the project when the Nov. 6 election rolls around.

Voters may not know much, however, about the 16 state constitutional amendments that also will appear on the ballot next month.

What follows is a summary of proposals 9-16, with arguments for and against each amendment, so voters can make an informed choice at the polling booth. (Summaries of propositions 1-8 ran in the previous edition.) The office of Rep. Jimmie Don Aycock supplied research information for this analysis.

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Proposition 9: "The constitutional amendment authorizing the legislature to exempt all or part of the residence homesteads of certain totally disabled veterans from ad valorem taxation and authorizing a change in the manner of determining the amount of the existing exemption from ad valorem taxation to which a disabled veteran is entitled."

Supporters say the amendment would align the state's disabled veterans property tax exemption with procedures used by the VA to calculate a disability rating to ensure the veteran receives the exemption to which he is entitled. It also would allow veterans clas- sified as totally disabled to a full exemption on their residence homestead. Such an exemption is appropriate for individuals who sustained serious injuries in service to their country.

Opponents say restructuring the disabled veterans property tax exemption would cost local governments -- including school districts, cities and counties -- and leave other taxpayers to make up the lost revenue. Also, totally disabled veterans already are eligible for a school property tax freeze and a local-option freeze by other taxing units.

Proposition 10: "The constitutional amendment to abolish the constitutional authority for the office of inspector of hides and animals." The county office of inspector of hides and animals was established in 1871 to aid in the prevention of cattle theft by inspecting the brands on hides and animals shipped out of the county.

Supporters say this office no longer serves a purpose in Texas. Prop. 10 would delete archaic references to the office from the state constitution.

Opponents say to actually abolish the office, the legislature would have to delete all remaining statutory references to it, which it failed to do last session.

Proposition 11: "The constitutional amendment to require that a record vote be taken by a house of the legislature on final passage of any bill, other than certain local bills, of a resolution proposing or ratifying a constitutional amendment, or of any other nonceremonial resolution, and to provide for public access on the Internet to those record votes."

Supporters say legislators should be accountable for their votes. Texas is one of only 10 states that does not require record votes on final passage of legislation. The requirement should be written into the constitution so the rules can't be changed each session.

Opponents say the measure is largely symbolic and not necessary because the House and Senate already require these votes to be recorded. The time and cost it takes to record a vote on final passage of every bill also could be considerable.

Proposition 12: "The constitutional amendment providing for the issuance of general obligation bonds by the Texas Transportation Commission in an amount not to exceed $5 billion to provide funding for highway improvement projects."

Supporters say the measure would help the state finance badly needed highway infrastructure to meet its transportation needs. While toll roads increasingly have been used as an alternative to finance highways, this revenue source is limited. Other states and local governments use bonding authority for transportation projects under the rationale that long-term projects warrant long-term borrowing.

Opponents say long-term borrowing to pay for state highway improvements would require the state to spend money it cannot afford to cover the debt service. Texas has a longstanding policy of funding highway projects solely through dedicated funds. Borrowing money for construction increases the costs and passes them on to future taxpayers. Others say the state should put more money into the State Highway Fund for these projects by raising motor fuel taxes, vehicle registration fees or both.

Proposition 13: "The constitutional amendment authorizing the denial of bail to a person who violates certain court orders or conditions of release in a felony or family violence case."

Supporters say this measure would give judges discretion to deny bail in two narrowly defined circumstances and will improve public safety. Victims of family violence, who often are extremely vulnerable, deserve these protections.

Opponents say the proposition would erode the basic tenet that bail should not be denied except in the most limited circumstances. It could lead to a further expansion of the crimes for which bail can be denied.

Proposition 14: "The constitutional amendment permitting a justice or judge who reaches the mandatory retirement age while in of- fice to serve the remainder of the justice's or judge's current term." The constitutionally mandated retirement age for trial or appellate court judges is 75. A judge elected to serve a six-year term who reaches the age of 75 during the first four years of the term would have to vacate the office by Dec. 31 of the fourth year.

Supporters say this proposal would honor the intent of Texas voters to allow judges to serve out their elected terms. Arbitrarily forcing judges to retire mid-term when they reach a certain age creates disruption in the disposition of cases. The proposed amendment would not eliminate mandatory retirement for judges but simply would extend their services until the term ended.

Opponents say aging judges can contribute to an increasingly ineffective judiciary, and they can be difficult to remove because of the protections of incumbency. Mandatory retirement permits those judges who are most likely to suffer from an age-related disability to be removed from the bench.

Proposition 15: "The constitutional amendment requiring the creation of the Cancer Prevention and Research Institute of Texas and authorizing the issuance of up to $3 billion in bonds payable from the general revenues of the state for research in Texas to find the causes of and cures for cancer."

Supporters say Prop. 15 would make Texas a global leader in cancer research. It also would attract new biomedical businesses to Texas, enhancing economic development and creating new jobs. By taking the lead in a collaborative effort of public and private entities to provide a dependable funding source for cancer research, the state would facilitate a more focused effort to benefit all Texans afflicted with the disease.

Opponents say that while cancer research is a worthy undertaking, private organizations rather than the state government should take the lead in medical research. Government assistance for cancer research should be addressed at the national level, if at all, rather than requiring Texas taxpayers to foot the bill for research that would benefit all Americans.

Others say if the state wants to demonstrate its commitment to cancer research, it should fund these programs directly rather than increasing state debt by issuing bonds.

Proposition 16: "The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $250 million to provide assistance to economically distressed areas." This would provide financial assistance in the form of grants and loans to bring water and wastewater services to colonias, which are unincorporated communities developed without basic infrastructure.

Supporters say the Economically Distressed Areas Program has been successful in providing essential water and wastewater infrastructure to communities in need. EDAP has safeguards requiring any county or city that applies to enforce model subdivision rules before receiving assistance for a project. These rules prevent the proliferation of new colonias by unscrupulous developers. The program is not confined to border communities but would provide assistance to qualifying communities statewide.

Opponents say EDAP should not be expanded. Extending water and sewer lines to unincorporated areas could prove counterproductive, since it encourages people to move into areas that are costly to serve.

These bonds would not be selfsupporting, and the funds borrowed to finance the program would have to be repaid with state general revenue, which adds to state debt.

Early voting:

Office of

County Elections

Administrator 412 S. Live Oak St.

Courtyard Square

Dates and hours: Oct. 22 to Nov. 2.......8 a.m. to 5 p.m. Last day to apply for ballot by mail, Oct. 30