Elections on November 6, 2007
On Election Day, November 6, 2007, polls are open 7:00 a.m. to 7:00
p.m.
This email contains information that may be helpful in understanding
the issues in the November 6th Election. I’ve included the text to
the League of Women Voters Guide in the body of the email and links
to a PDF version. There is also a link to Key Texas Laws related to
Voting
http://www.governor.state.tx.us/disabilities/resources/keylaws/voting
http://www.lwvtexas.org
The Text Version has a long introduction; however each Proposition
does have an argument for and against each Proposition.
Frequently Asked Questions: (FAQs) have been compiled with the
November 6, 2007 Election in mind.
http://www.sos.state.tx.us/elections/pamphlets/faqs.shtml
For a PDF version: League of Women Voters Guide to November 6, 2007
Elections: http://www.lwvtexas.org/PDF%20Files/2007%20CA%20VG.pdf
(A long intro but bullets for and against are included in each
Proposition)
LEAGUE OF WOMEN VOTERS OF TEXAS
Non-Partisan. Really.
Voters Guide
2007 CONSTITUTIONAL AMENDMENT ELECTION
November 6, 2007
Early voting -October 22 through November 2 Election day – Polls open
7am to 7pm
This Voters Guide is funded and published by the League of Women
Voters of Texas Education Fund, a 501(c)3 organization, to help
citizens prepare to cast an informed vote. The League of Women Voters
Education Fund works to encourage the active and informed
participation in government and to increase understanding of major
public policy issues. This educational organization, associated with
the League of Women Voters of Texas, operates exclusively for
educational purposes in the general areas of government and public
policy, carrying out its objectives through research, publication of
educational materials, and other appropriate projects. Neither the
League of Women Voters of Texas nor the LWV-TX Education
Fund supports or opposes any political party or candidate. The Voters
Guide and other helpful information are available online at the
League’s website: http://www.lwvtexas.org
.
You may bring this Voters Guide into the voting booth.*
QUALIFICATIONS FOR VOTING IN TEXAS
* You must be a citizen of the United States.
* You must be at least 18 years old on the day of the election.
* You must be registered to vote.
* You must not have been declared mentally incompetent by a court.
* You must not be on parole, probation, or in prison for a felony
conviction.
* To vote in a given election, you must be registered to vote 30 days
before that election. October 9th is the deadline to register to vote
in this election.
EARLY VOTING
Early voting begins on October 22 and ends on November 2 for this
election in counties over 100,000. Early voting is not mandated in
smaller counties, but may be offered. Check with your County Clerk or
Election Administrator for locations and hours of early voting. You
may also vote early by mail by requesting an application to be mailed
to you from your County Clerk, or by filling out a form online at
www.sos.state.tx.us. Click on Elections and Voter Information.
VOTER INFORMATION
Voting Certificate
* Once you are registered, you will receive a voter registration
certificate which you should present at the polling place in order to
vote.
* If you have lost or misplaced your certificate, you may get a
replacement from the voter registrar of your county. You may vote
without a certificate if your name appears on the list of registered
voters for your precinct, and you can show some form of
identification.
* You must vote in the precinct of residence designated on your voter
registration certificate on Election Day. You may vote at any early
voting site in your county.
* You will receive a new certificate every two years, in January of
even-numbered years, as long as your registration is not canceled. If
you move, your new card will not be forwarded, and you must notify
your county elections office to get a new certificate. The 2006-2007
voter registration certificate is yellow.
Moving Within the County
* After moving, notify the county voter registrar in writing of your
new address.
* You may vote at your previous precinct if your registration has not
been cancelled or transferred to your new address, but only in county
or statewide elections. You must still reside in the same city
precinct to vote there. You may fill out a change of address form
when you vote.
Moving from One County to Another
* If you move from one Texas county to another, you must re-register
in the county of your new residence.
* You may be eligible to vote a limited ballot for 90 days after you
move if your new registration is not yet effective, but only in
statewide races. However, the limited ballot is available only during
early voting, not on Election Day.
Issues That Affect You
TRANSPORTATION * FUNDING/TAXES
STUDENT LOANS * HEALTHCARE * PROPERTY
*In 1995, the Texas law prohibiting use of printed materials, such as
this Voters Guide, in the polling place was ruled unconstitutional
(Texas Election Code, Section 61.011)
(c) 2007 League of Women Voters of Texas Education Fund
PROPOSITION 1
CONSTITUTIONAL AMENDMENT PROCESS
Texas voters have approved 440 amendments to the Texas Constitution
since its adoption in 1876. An amendment is proposed in a joint
resolution that can originate in either house of the state
legislature during a regular or special session. A joint resolution
specifies the election date and may contain more than one amendment.
The joint resolution must receive a vote of two-thirds of each house
before it is presented to the voters. The governor cannot veto a
joint resolution, although he may veto the enabling legislation,
which is a bill to enact the amendment if it is passed by voters. Not
all joint resolutions require enabling legislation. If the voters
reject an amendment, the legislature may resubmit it.
The legislature prescribes the ballot language, and it is contained
in the joint resolution. Once the amendment is approved by both
houses of the legislature, the Secretary of State writes the brief
explanatory statement, which is approved by the Attorney General. The
Secretary of State also conducts a random drawing to assign each
proposition a ballot number. The constitution specifies that these
statements be published twice in each newspaper in the state that
prints official notices, the first 50 to 60 days before the election,
and the second the following week.
Enabling Legislation
Many constitutional amendments require enabling legislation to ensure
that the provisions of the amendment are enacted. Often this enabling
legislation is passed by the Legislature in advance of the adoption
of the amendment itself. The effective date of the legislation is
contingent on voter approval of the amendment. If the amendment is
rejected by the voters, then the enabling legislation does not take
effect. Amendments take effect when the official vote canvass
confirms statewide voter approval, unless a later date is specified.
Checkboxes have been provided to save you time when casting your
ballot. Simply check the box to indicate where you stand on each
issue.
CONSTITUTIONAL AMENDMENT PROCESS
Texas voters have approved 440 amendments to the Texas Constitution
since its adoption in 1876. An amendment is proposed in a joint
resolution that can originate in either house of the state
legislature during a regular or special session. A joint resolution
specifies the election date and may contain more than one amendment.
The joint resolution must receive a vote of two-thirds of each house
before it is presented to the voters. The governor cannot veto a
joint resolution, although he may veto the enabling legislation,
which is a bill to enact the amendment if it is passed by voters. Not
all joint resolutions require enabling legislation. If the voters
reject an amendment, the legislature may resubmit it.
The legislature prescribes the ballot language, and it is contained
in the joint resolution. Once the amendment is approved by both
houses of the legislature, the Secretary of State writes the brief
explanatory statement, which is approved by the Attorney General. The
Secretary of State also conducts a random drawing to assign each
proposition a ballot number. The constitution specifies that these
statements be published twice in each newspaper in the state that
prints official notices, the first 50 to 60 days before the election,
and the second the following week.
Enabling Legislation
Many constitutional amendments require enabling legislation to ensure
that the provisions of the amendment are enacted. Often this enabling
legislation is passed by the Legislature in advance of the adoption
of the amendment itself. The effective date of the legislation is
contingent on voter approval of the amendment. If the amendment is
rejected by the voters, then the enabling legislation does not take
effect. Amendments take effect when the official vote canvass
confirms statewide voter approval, unless a later date is specified.
Checkboxes have been provided to save you time when casting your
ballot. Simply check the box to indicate where you stand on each
issue.
Arguments Against
The transfer would require costly changes in accounting,
organization, and management. Student tuition and fees would
increase.
* As part of the TTUS, ASU could lose its local identity and have
less autonomy.
Official Ballot Language
The constitutional amendment providing for the continuation of the
constitutional appropriation for facilities and other capital items
at Angelo State University on a change in the governance of the
university.
Explanation
Currently the Texas Constitution lists Angelo State University (ASU)
in San Angelo, Texas, as a component of the Texas State University
System (TSUS), which also includes Texas State University- San
Marcos, Lamar University, Sam Houston State University, and Sul Ross
State University. Funding from the state of Texas is based on that
determination.
The 2007 Texas legislature passed legislation for Angelo State
University to change its status from TSUS supervision and become a
part of the Texas Tech University System (TTUS). This amendment would
reflect that change in the state constitution and allow the transfer
of facilities, funds and administration to occur.
Arguments For
* The transfer of ASU from TSUS to TTUS would expand educational
opportunities and offer more financial resources for ASU.
* Being a part of the TTUS would give ASU a stronger regional
presence and would significantly boost student enrollment.
PROPOSITION 2
Official Ballot Language
The constitutional amendment providing for the issuance of $500
million in general obligation bonds to finance educational loans to
students and authorizing bond enhancement agreements with respect to
general obligation bonds issued for that purpose.
Explanation
This proposed amendment would authorize the Legislature to allow the
Texas Higher Education Coordinating Board (THECB) to issue up to $500
million in general obligation bonds for college and university
students to use for their education. The THECB expects that the
currently authorized amount of $400 million will be exhausted by
2009. This amendment would increase the currently authorized amount
of $400 million by $100 million to help finance the student loans.
Arguments For
* Students will find higher education more affordable because this
totally self-supporting loan program provides reliable funds at more
favorable rates than most other sources.
* Having a highly educated work force will help Texas attract 2 more
high paying jobs to the state.
Arguments Against
* Even though this is a self-supporting program, the state backs the
bonds and is responsible for repayment if interest revenue is not
sufficient.
* Students should always be concerned about the danger of borrowing
large amounts of money. Student loans could contribute significantly
to too much overall debt.
PROPOSITION 3
Official Ballot Language
The constitutional amendment authorizing the legislature to provide
that the maximum appraised value of a residence homestead for ad
valorem taxation is limited to the lesser of the most recent market
value of the residence homestead as determined by the appraisal
entity or 110 percent, or a greater percentage, of the appraised
value of the residence homestead for the preceding tax year.
Explanation
Current law limits the rate at which a homestead can increase in
value for tax purposes to a maximum of 10 percent of the property’s
previous appraised value for each tax year since the last appraisal.
However, a homeowner who has not had a reappraisal in several years
can experience a substantially increased assessed value. Proposition
3 provides the legislature with the authority to limit the maximum
increase in appraised value of a homestead to 10% in a tax year
regardless of how long has passed since the last reappraisal.
Arguments For
* This amendment would align the language in the Texas Constitution
with the intent of the Legislature when it approved the 10 percent
cap on increases in homestead appraisal valuations in 1997.
* The amendment would eliminate “sticker shock” while ensuring that
all taxpayers are treated equitably and would create a more
comprehensible property tax system.
Arguments Against
* Rather than protecting the taxpayers from unplanned tax increases,
this provision would encourage taxing authorities to reappraise more
frequently and to routinely increase the tax amount by the maximum
amount (10 %) with each appraisal.
* This bill is unnecessary because most of the large districts in
which property values increase at the greatest rates already appraise
properties on an annual basis. Smaller appraisal districts trying to
appraise property more frequently would incur additional
administrative costs which might not be offset by the increase in tax
revenue.
PROPOSITION 4
Official Ballot Language
The constitutional amendment authorizing the issuance of up to $1
billion in bonds payable from the general revenues of the state for
maintenance, improvement, repair, and construction projects and for
the purchase of needed equipment.
Explanation
The state needs funding for a number of maintenance, improvement,
repair, and construction projects, and for the purchase of needed
equipment. This proposition would authorize the Texas Public Finance
Authority to issue up to $1 billion in general obligation bonds. The
proceeds of the sale of these bonds would be used for projects that
have been authorized by the legislature in the Appropriations Act.
Some of the projects include deferred maintenance and asbestos
abatement in state buildings; repair and renovation to mental health
schools and hospitals, and to Camp Mabry, the headquarters of the
Texas State Guard and the Texas Air National Guard, and 14 regional
readiness centers (armories); construction of up to three new high
security prisons if needed; new construction at existing Texas Youth
Commission facilities and for one new facility; and repairs for Texas
state parks and the Battleship Texas.
Arguments For
* Putting off maintenance, repairs, and renovations can result in
still greater expense. It is wise to use the proceeds from the sale
of bonds to take care of these needs on a more timely basis. The
facilities to be repaired and renovated by the passage of this
proposition and its enabling legislation are in poor condition and
need immediate attention.
* Using bond issues to fund these projects allows the state to pay
for the cost over an extended period of time. This approach is
fiscally prudent and places a relatively small burden on the state’s
taxpayers.
Arguments Against
* The state should rely more on a “pay as you go” policy. When
agencies know they can expect help from state bonds, they tend to
give maintenance a low priority.
* This amendment would give too much leeway to the legislature and
state agencies to decide how the money raised from these bonds would
be spent.
PROPOSITION 5
Official Ballot Language
The constitutional amendment authorizing the legislature to permit
the voters of a municipality having a population 3 of less than
10,000 to authorize the governing body of the municipality to enter
into an agreement with an owner of real property in or adjacent to an
area in the municipality that has been approved for funding under
certain programs administered by the Texas Department of Agriculture
under which the parties agree that all ad valorem taxes imposed on
the owner’s property may not be increased for the first five tax
years after the tax year in which the agreement is entered into.
Explanation
The Texas Department of Agriculture has two programs which towns may
use to revitalize their main streets: the Main Street Revitalization
Improvement Program and Downtown Revitalization Program. These
programs offer communities the ability to improve infrastructure to
revitalize a downtown area and to encourage tourism.
This amendment would allow certain small communities participating in
the Main Street or Downtown revitalization programs to conduct a vote
of its residents to freeze property taxes in the downtown area for a
period of five years or until the property is sold.
Arguments For
* Proposition 5 would provide small communities a way to create
incentives for property owners to improve downtown buildings by
freezing their tax burden.
* The Legislature could give smaller communities a taxing tool that
they currently do not have. A temporary freeze of the appraised value
would provide a property owner the relief needed to invest realized
savings into revitalization efforts.
Arguments Against
* Property owners would be receiving the benefit from tax dollars
used to improve infrastructure, and they should be required to pay
any resulting increases in the value of their land.
* Since this bill could reduce the tax burden for some property
owners, it could shift the burden to other taxpayers. The tax burden
would be borne by a smaller pool of people.
PROPOSITION 6
Official Ballot Language
The constitutional amendment authorizing the legislature to exempt
from ad valorem taxation one motor vehicle owned by an individual and
used in the course of the owner’s occupation or profession and also
for personal activities of the owner.
Explanation
Passage of this amendment would eliminate the requirement that pay ad
valorem taxes on those vehicles. One motor vehicle owned by an
individual would be exempt if it was used in the individual’s
occupation or profession and also used for personal activities that
did not involve the production of income.
Arguments For
* The amendment would benefit realtors, farmers, and other small
business owners and contractors who operate personal vehicles dually
for commercial purposes.
* The legislature has not shown a desire to tax property used for
personal purposes in the past and this amendment would clarify state
law in that regard.
Arguments Against
* Vehicles exempted under this proposed amendment should be taxable
and treated as any other personal property that generates income.
* The limitation that an individual could exempt only one vehicle
would be too strict. Many individuals have two or three vehicles that
they use for both purposes.
PROPOSITION 7
Official Ballot Language
The constitutional amendment to allow governmental entities to sell
property acquired through eminent domain back to the previous owners
at the price the entities paid to acquire the property.
Explanation
Currently, if a governmental entity acquires a private real property
interest through eminent domain but the public use for which the
property interest was acquired is canceled before the 10th
anniversary of the date of acquisition, then the previous owner is
entitled to repurchase the property interest for its fair market
value at the time the public use was canceled.
Proposition 7 would amend the Texas Constitution to authorize, under
certain conditions, a governmental entity to sell back real property
acquired through eminent domain to the original owner (or to the
person’s heirs, successors, or assigns.) This could be done at any
time and at the price the entity paid to acquire the property from
the original owner.
Arguments For
* Property owners subject to the taking of their land that wrongfully
resulted in cancelled, absent, or unnecessary public uses would be the
only ones eligible for restitution under this proposition.
* Condemning authorities would be strongly discouraged from acquiring
land through eminent domain for which there were no immediate plans.
Takings completed on a speculative basis can deprive current owners
of the future value of their property. Proposition 7 would establish
an important safeguard against the excessive and reckless use
individuals who use personal vehicles for business purposes must of
eminent domain.
Arguments Against
* State and federal law already require that the owner be fairly
compensated for property when eminent domain is exercised. If the
owner has made a profit from investing money from the original sale,
then is allowed to repurchase the land at the original price he will
have used public money for personal financial gain.
* This amendment is unfair to those citizens who sell their property
through eminent domain proceedings and are not able to repurchase it.
A former owner who repurchases property at the acquisition value does
not pay property taxes, maintenance expenses or other costs
associated with property ownership during the period it is held by
the governmental entity.
PROPOSITION 8
Official Ballot Language
The Constitutional Amendment to clarify certain provisions relating
to the making of a home equity loan and use of home equity loan
proceeds.
Explanation
In 1997, Texas voters approved a constitutional amendment to allow
home equity loans. In 2003 another amendment was passed to allow home
equity lines of credit. Since the passage of these laws, there has
been disagreement, sometimes resulting in lawsuits, about
interpretation of the enabling legislation for these amendments.
Proposition 8 offers clarification about several provisions of this
legislation and tries to offer protections to both borrowers and
lenders. For example, Proposition 8 requires that the lender must
provide the borrower with copies of both the loan application and all
executed final loan documents. It includes a special provision for
homeowners holding home equity loans who have a homestead in an area
declared a disaster area. Other provisions clarify the use of
unsolicited pre-printed checks and prohibit borrowers from rolling
unsecured debt into a secured home equity loan.
Arguments For
* This amendment allows homeowners whose homesteads lie in an area
included in a declaration of emergency to obtain a second home equity
loan within a one year period.
* This amendment protects the homeowner from assuming too much debt
by limiting uses of the money obtained through a home equity loan.
Arguments Against
* This amendment does not address special fees which are often
charged by lenders. Many lenders currently exclude origination and
other fees from the legislated 3% fee cap on these loans, so
borrowers are often subjected to excessive charges.
* Though this amendment addresses some of the problems with home
equity loan administration, it does not go far enough to protect
Texas homesteads. If the state is going to permit home equity loans,
it should require stronger borrower protection and better monitoring
of lenders.
PROPOSITION 9
Official Ballot Language
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.
Explanation
VA disability ratings are determined by the U.S. Department of
Veterans Affairs. At present under state law, veterans with total
disability can receive ad valorem tax exemptions of up to $12,000 on
their homestead property. This means that the appraised value of
their property is reduced by $12,000 before the tax rate is applied.
In addition a totally disabled veteran is eligible for a property tax
freeze.
This proposed amendment would authorize the Legislature to exempt up
to 100% of the ad valorem taxes on the homestead property of veterans
with 100% or total disability resulting from military service. It
would also apply to the surviving spouse and to surviving minor
children. The proposition also authorizes a more equitable sliding
scale of ad valorem tax exemptions for veterans certified as
partially disabled.
Arguments For
* With little or no ability to earn a living, totally disabled
veterans could have great difficulty with the tax burden caused by
increasing property values. A 100% exemption would help totally
disabled veterans keep their homes.
* The state should do everything it can to assist totally disabled
veterans who have done so much for our country. It should help them
to remain in their homes.
Arguments Against
* This amendment would have a significant effect on resources
available to tax districts because of the rising numbers of veterans
receiving total disability certification as a result of their
military service.
* Totally disabled veterans already receive both a $12,000 property
appraisal credit and have their ad valorem taxes frozen, so they do
not experience an increase in taxes as their property appreciates in
value. They should not receive a further tax reduction.
PROPOSITION 10
Official Ballot Language
The constitutional amendment to abolish the constitutional authority
for the office of inspector of hides and animals.
Explanation
The now obsolete office of Inspector of Hides and Animals was
established in 1871. In 1999 numerous references to obsolete offices
and provisions were deleted from the Texas Constitution; however
there is still mention of the office of inspector of hides and
animals. If this proposed amendment were passed, it would eliminate
this archaic reference.
Argument For
* The clean-up legislation of 1999 did not include the county office
of inspector of hides and animals. That was just an oversight;
archaic references should be eliminated.
Argument Against
* While this amendment would remove references to the Inspector of
Hides and Animals from the state constitution, the office will not be
abolished until the Legislature deletes all remaining statutory
references to the office.
PROPOSITION 11
Official Ballot Language
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.
Explanation
Texas is one of ten states which do not require that legislators
record their votes by name. Currently, the legislators make rules
every session determining the conditions under which they will record
their votes by name. When votes are not routinely recorded by name,
the common practice is to have a voice vote.
This method does not allow citizens to know how their representatives
voted on a specific issue.
Arguments For
* Recording votes of each legislator will establish a record of
accountability by which Texans can evaluate the performance of their
representatives.
* The Internet can provide real time, user-friendly access to voting
records. The technology to record and publish a Legislator’s vote is
in place and with improvements can be expected to be even faster and
more cost effective.
Arguments Against
* Written records of votes may inhibit legislators from engaging in
the processes of negotiation and compromise often needed to pass
legislation.
* This constitutional amendment does not go far enough and should
require record votes on all steps of the legislative process, such as
votes in committees, second readings and amendments. If citizens know
how their representatives are voting before final passage, they can
be involved more effectively with their legislators throughout the
process.
PROPOSITION 12
Official Ballot Language
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.
Explanation
Currently the state can issue up to $1 billion in bonds backed by the
State Highway Fund (Fund 6). This amendment would add an additional
source of funding by authorizing the issuance of state general
obligation bonds for transportation projects, with the requirement of
the state that the principal and interest on the bonds that matured or
became due would be incontestable and would be paid during that fiscal
year.
Arguments For
* This amendment provides a new source of revenue for the
transportation needs of the state. Bonds issued from the general
revenue would have a lower interest rate than current funding. The
proposition would not affect the state’s fiscal standing since Texas
has a lower state debt burden than many other states.
* Population increases in Texas have overloaded the capacity of the
road and bridge system. This proposition would allow more rapid
construction to improve mobility and would aid economic development.
Arguments Against
* Funding transportation needs could be met by raising gas tax rates,
vehicle registration fees, or other dedicated revenue rather than
incurring additional state debt.
* Texas has been providing funding for transportation projects
through dedicated funds (Fund 6) and not through general revenue
bonds. Other emergency needs for funds from the general revenue may
arise, and they might not be able to be met if the transportation
bonds have the revenue committed to roads and bridges.
PROPOSITION 13
Official Ballot Language
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.
Explanation
Current law provides for a person accused of a felony, but not a
misdemeanor, to be detained without bond under certain circumstances.
There have been occasions when the accused violated the bond
conditions and a protective order, or committed certain misdemeanor
offenses, endangering the safety of the victim or the community.
Proposition 13 proposes a constitutional amendment to authorize the
denial of bail to a person who has been arrested for an offense
involving family violence when the judge or magistrate has issued an
emergency protective order, or the person is accused of violating an
active protective order, including a temporary ex parte order.
Arguments For
* This constitutional amendment and its enabling legislation would
strengthen Texas laws related to domestic violence. A judge could
evaluate the threat that a defendant presents to the victim and the
community. If the threat is unacceptable, the judge can deny bail.
* When the defendant is denied bail, the victim and the community are
better protected than bail bonds,
community monitoring, or even electronic monitoring allows.
Arguments Against
* Bail is a constitutional right and should be eliminated only in the
most limited circumstances. If bail is constitutionally unavailable,
defendants are punished by confinement even before they have been
found guilty.
* Denying bail based on a classification of victims contradicts the
reforms of the Penal Code made in the mid-1990s, which emphasized the
seriousness of the crime, not the status of the victim.
PROPOSITION 14
Official Ballot Language
The constitutional amendment permitting a justice or judge who
reaches the mandatory retirement age while in office to serve the
remainder of his or her current term.
Explanation
The Texas Constitution currently requires a judge to leave the
Proposition 14 proposes a constitutional amendment to permit a judge
reaching retirement age to complete the remainder of his or her term.
Arguments For
* Allowing a judge to continue to serve until the completion of his
or her term permits continuity and more efficiency in the court.
Cases may be heard without the disruption of working with a temporary
judge or a new judge, who would have to be brought up to date on the
case.
* Long-term judicial service provides an incentive to keep
experienced judges on the bench since their retirement is based on
length of service and pay rate.
Arguments Against
* Current law establishes a clear standard for the retirement of
judges.
* If judges serve past their 75th birthdays, the entrance of new
judges who might be more aware of modern trends and developments in
the law into the judiciary is delayed.
PROPOSITION 15
Official Ballot Language
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.
Explanation
This amendment would establish a state-wide cancer research and
prevention institute which could manage and disburse state monies for
cancer research and prevention studies and programs in Texas. It
authorizes the issuance of up to $3 billion in general revenue bonds
for this purpose.
Arguments For
* Each year more than 75,000 Texans are diagnosed with some form of
cancer, while more than 35,000 Texans die from cancer. More support
for research and prevention can reduce those statistics.
* The cost of the bonds would be offset by new jobs generated by
these projects and studies, and by the decreased direct and indirect
costs of treating cancer patients.
Arguments Against
* Government funding of medical research should be done at the
federal level, since the research would benefit everyone who lives in
the U.S., not just residents of Texas.
* While cancer is a devastating disease, there are many sources of
funding for its prevention and cure. State money could be better
spent on other health care needs, bench when the judge turns 75 years
of age, but not earlier than such as taking care of the uninsured and
prevention of 70 years which the legislature prescribes as retirement
age.
PROPOSITION 16
Official Ballot Language
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.
Explanation
The Texas Water Development Board (TWDB) administers the Economically
Distressed Areas Program (EDAP) established in 1989. EDAP provides
financial assistance in the form of grants, loans, or grant/loan
combinations to bring water and wastewater services primarily to
colonias along the Texas-Mexico border. The program funds
construction, acquisition, and improvements to water supply and
wastewater collection and treatment facilities, including all
engineering work. The applicant must fund maintenance and operations.
In 1991 a constitutional amendment was approved by voters to allow
$250 million in general obligation bonds to be issued for the EDAP
program. In 2005 the legislature expanded EDAP to allow other
economically distressed areas throughout the state to receive
assistance under the program. SJR 20 would amend the Texas
Constitution to allow TWDB to issue an additional $250 million in
general obligation bonds for the EDAP program account with the Texas
Water Development Fund II.
Arguments For
* The EDAP has been successful in meeting water and wastewater needs,
but many Texas residents continue to lack these basic infrastructures.
According to TWDB traditional EDAP communities still require about
$250 million to meet their needs.
* Extending water service makes strong economic sense. While many of
the EDAP communities are poor, the existence of water lines would
enable businesses to move into these areas, improving the tax base
and providing jobs.
Arguments Against
* The program should not be expanded because, in spite of spending
more than $500 million in state and federal funds, the problem has
not gone away. Texas should search for other ways to address its
water and wastewater needs.
* Continuing to extend water lines to unincorporated areas could
prove counter-productive since it would encourage people to move into
the regions that are costly to serve.
FREQUENTLY ASKED QUESTIONS
Where do I vote?
For early voting and election day voting locations, call the county
clerk or elections administrator’s office in the county in which you
are registered, or go to: www.sos.state.tx.us and click on Elections
and Voter Information. Your local newspaper may also list voting
locations.
How do I register to vote?
You may register to vote at any time with your County Tax Assessor or
Election Administrator, or register to vote online at:
http://www.sos.state.tx.us
and click on Elections and Voter Information.
It is also possible to register with a deputized voter registrar
during a voter registration drive. To vote in a particular election,
your application for registration must be postmarked or received by
the registrar at least thirty days before that election. (October 9th
is the deadline to register to vote in this election.)
What is a provisional ballot?
If your name is not on the list of registered voters in your
precinct, and you do not have a valid registration card, you are
entitled to vote a “provisional ballot” which will be kept sealed
while a ballot board investigates the problem. You must provide some
form of identification to show that you reside in that precinct. You
also must vote in the correct precinct on Election Day. Even if you
are found to be legally registered, your provisional vote will not be
counted if you did not cast it in the correct precinct.
This Voters Guides is funded by the League of Women Voters of Texas
Education Fund, which is supported by contributions from individuals,
corporations, and foundations. The Education Fund gratefully
acknowledges major contributions from:
Special thanks to Jacqueline Pike for the Spanish translation of the
Voters Guide.
Harold Simmons Foundation
Hatton W. Sumners Foundation
Ruth McLean Bowman Bowers Foundation
Ruth Bowers
Ruthann Geer
Susybelle Gosslee
Julia Marsden
Diane Sheridan
Linda Wassenich
Elaine Wiant
Nancy Wilson
More Information
Secretary of State
www.sos.state.tx.us
House Research Organization
http://www.hro.house.state.tx.us