What you need to know when taking to the polls: 17 constitutional amendments

Texans will be hitting the polls on November 4 to make several impactful decisions. November voting is what paves the way for a new year — hopefully one that reflects what you value, which is why it’s so important to show up to polls and cast your vote. 

This month’s election will have a few things on the ballot that have considerable weight. In addition to your municipal and county-wide elections, all registered voters will be deciding on 17 constitutional amendments. This article will help explain what each means so you can be the most informed when you take to the polls.

Proposition 1 - SJR 59

Language: The constitutional amendment providing for the creation of the permanent technical institution infrastructure fund and the available workforce education fund to support the capital needs of educational programs offered by the Texas State Technical College System.

This amendment calls for two new funds designated for educational programs offered by the Texas State Technical College System. This would also authorize the Board of Regents to use the funds in a plethora of ways, to include: acquire land, purchase books, pay off bonds, and much more. However, these funds could not be used for intercollegiate athletics or auxiliary enterprises.

Proposition 2 - SJR 18

Language: The constitutional amendment prohibiting the imposition of a tax on the realized or unrealized capital gains of an individual, family, estate, or trust.

A capital gains are when an asset such as a stock or real estate increases in value. Realized capital gains means the asset has been sold. Unrealized gains is the value it could be sold at. According to the Women’s League of Texas voters, the state does not tax any such gains and this proposition reaffirms that stance.

Proposition 3 - SJR 5

Language: The constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.

This amendment expands the options for the denial of bail for crimes that could be felonies. Denying pail usually requires a full trial. 

Proposition 4 - HJR 7

Language: The constitutional amendment to dedicate a portion of the revenue derived from state sales and use taxes to the Texas water fund and to provide for the allocation and use of that revenue.

The Texas Water Fund was created in 2023 and this proposition would allocate the first $1 billion that was generated after $46.5 billion was generated to this fund. The funding would continue through 2047 and assist the state in future water projects.

Proposition 5 - HJR 99

Language: The constitutional amendment authorizing the legislature to exempt from ad valorem taxation tangible personal property consisting of animal feed held by the owner of the property for sale at retail.

This proposition provides the exemption from taxes when it comes to animal feed held by the owner for purposes of reselling. In other areas of transaction, animal feed is typically exempt, such as when its harvested to its purchase.

Proposition 6 - HJR 4

Language: The constitutional amendment prohibiting the legislature from enacting a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.

States do not levy taxes on security transactions, which are the buying and selling of financial assets. This proposition reaffirms that stance.

Proposition 7 - HJR 133

Language: The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a veteran who died as a result of a condition or disease that is presumed under federal law to have been service-connected.

If passed, the legislature would then have the power to give surviving spouses a tax exemption on their property. This exemption only applies if the veteran passed from conditions related to their service, as deemed by law, and if they haven’t remarried.

Proposition 8 - HJR 2

Language: The constitutional amendment to prohibit the legislature from imposing death taxes applicable to a decedents property or the transfer of an estate, inheritance, legacy, succession, or gift.

This proposition prohibits the state from imposing a death tax on a deceased persons estate when it is transferred.

Proposition 9 - HJR 1

Language: The constitutional amendment to authorize the legislature to exempt from ad valorem taxation a portion of the market value of tangible personal property a person owns that is held or used for the production of income.

This increases the amount of taxable personal property used for making income eligible for tax exemption, specifically from $2,500 to $125,000.

Proposition 10 - SJR 84

Language: The constitutional amendment to authorize the legislature to provide for a temporary exemption from ad valorem taxation of the appraised value of an improvement to a residence homestead that is completely destroyed by a fire.

This amendment allows for a temporary property tax exemption for a home that has been destroyed by fire

Proposition 11 - SJR 11

Language: The constitutional amendment authorizing the legislature to increase the amount of the exemption from ad valorem taxation by a school district of the market value of the residence homestead of a person who is elderly or disabled.

This would allow state legislature to increase the amount of property tax homestead exemption for those 65 or  older, or those who are disabled, to $60,000 rather than $10,000. This would begin for the 2025 tax year.

Proposition 12 - SJR 27

Language: The constitutional amendment regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission’s recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.

This would amend the procedures and membership of the State Commission on Judicial Conduct. This would address a number of specific details about who can select members, such as changing membership standards to include six judges appointed by the Texas Supreme Court and seven citizens (at least 35 years of age) appointed by the governor – all of which would be confirmed by the Texas Senate. Secondly, it would control the commission’s ability to implement a private reprimand to someone who’s not previously been issued one or associated with criminal behavior. It would also examine a judge’s inability to maintain expectations for the position before pursuing repercussions for such behavior. 

It would also allow one form of punishment for those associated with the commission to be suspended without pay. It would permit the Chief Justice to appoint appellate-court justices to serve on a tribunal to approve changes in persons from office and that the court of appeals designate a member for eligibility. Lastly, it would restrict members to two, four, and six years – ultimately making for six-year terms.

Proposition 13 - SJR 2

Language: The constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district from $100,000 to $140,000.

This proposes an amendment to increase homestead exemption from property exemption from taxation for public schools from $100,000 to $140,000 of market value. This would require that the state reimburse school districts for fund portions used to cover the higher exemption amount.

Proposition 14 - SJR 3

Language: The constitutional amendment providing for the establishment of the Dementia Prevention and Research Institute of Texas, establishing the Dementia Prevention and Research Fund to provide money for research on and prevention and treatment of dementia, Alzheimer’s disease, Parkinson’s disease, and related disorders in this state, and transferring to that fund $3 billion from state general revenue.

This would amend the state constitution to require legislature to create a new state agency which would be the Dementia Prevention and Research Institute of Texas. This would allow for various forms of funding to be awarded for research and assistance in regards to Dementia, Alzheimer's, and Parkinson's. It would immediately allot $3 billion toward the agency to cover ten years. Safeguards would guarantee the funds were used appropriately.

Proposition 15 - SJR 34

Language: The constitutional amendment affirming that parents are the primary decision makers for their children.

This affirms that parents have the responsibility for nurturing and protecting their children, along with making decisions on their behalf, based on federal laws. This would permanently establish within the Texas Constitution parent’s rights to raise and educate their children as they see fit.

Proposition 16 - SJR 37

Language: The constitutional amendment clarifying that a voter must be a United States citizen.

This proposes an amendment for the sake of clarifying that only U.S. citizens can participate in Texas elections. Currently the Texas constitution does not include details that make it clear that those who are not citizens can’t vote in state or local elections.

Proposition 17 - HJR 34

Language: The constitutional amendment to authorize the legislature to provide for an exemption from ad valorem taxation of the amount of the market value of real property located in a county that borders the United Mexican States that arises from the installation or construction on the property of border security infrastructure and related improvements.

This proposition would allow legislature to exempt from property taxes for counties that border Mexican states, in consideration of border security infrastructure’s impact on property values. There are currently no exemptions in regard to the matter.

There is a lot to go over and read when it comes to these 17 amendments. Overall, there are several tax breaks and the state reaffirming certain stances. When you take to the polls be sure to take your time and go through each proposition. If you are unsure of what some of the specifics are saying, there are many resources to reach out to, which includes the Texas League of Women Voters. It’s important to feel confident when casting your vote. No matter what, casting your vote is one of the most important things you can do for your community.