Election Day is Nov. 3! To find your polling location, click here.

On Tuesday, Nov. 3, Texas voters will have the chance to strengthen property rights in our state and to make the property appraisal system more fair and accountable. 

Voting on the 11 proposed amendments to the Texas Constitution happens tomorrow, but we don’t want you to enter your polling place uninformed. 
You can take this email with you – and here are our recommendations:

FOR: Props 2, 3, 5, 7, 11
AGAINST: Props 1, 4, 6, 8, 9, 10

Below, you’ll find a detailed description of all 11 proposed amendments along with AFP’s explanation and our recommendation on whether voters should approve or reject the propositions.

If you have any questions about our recommendations, please e-mail us at info@afptx.org.

To find your nearest polling location, click here.

Proposition 1 - AGAINST

Proposition 1 would amend the constitution to authorize the legislature to allow a municipality or a county to issue bonds and notes to finance the purchase of buffer areas or open spaces adjacent to military installations. The buffer areas would be used to prevent encroachment or to construct roadways utilities, or other infrastructure to protect or promote the mission of the military installation. The municipality or county may pledge increases in ad valorem tax revenues for repayment of the bonds or notes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the financing, including through tax increment financing, of the acquisition by municipalities and counties of buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or for the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation."

Against: Not the appropriate role of cities and counties, and could raise taxes. Proposition 1 would allow cities and counties to raise taxes to build infrastructure under the broad justification of protecting a military base. This could lead to higher property taxes at a time when property owners are already feeling an economic burden. While protecting military bases is a worthy goal, this should be a federal responsibility. Cities and counties should not be allowed to increase property taxes to finance the bonds.

Proposition 2 - FOR

Proposition 2 would amend the constitution to authorize the legislature to provide for the taxation of a residence homestead solely on the basis of the property's value as a residence homestead, regardless of whether the property may have a higher value if it were used for other purposes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property’s value as a residence homestead."

For: Property rights and taxpayer protection issue. Some Texas homeowners have seen their appraisals rise substantially, not because the value of their homes increased, but because the land was considered more valuable as a potential business site. Texas already prohibits agricultural land and timber land from being appraised based on other possible uses, but no similar protection exists for homeowners. This is key to homeowners to keep their property from being taxed at a higher rate in some urban areas where the land might be more valuable as a shopping mall or other enterprise. This is a property rights issue. 

NOTE: Props 2 & 3 are not going to open the door to a statewide property tax, as some viral emails are suggesting.  The Texas Constitution prohibits a statewide property tax and that portion of the constitution is not being amended.  (Sec. 1-e.  ABOLITION OF AD VALOREM PROPERTY TAXES. No State ad valorem taxes shall be levied upon any property within this State.  This can be found in Article 8: Taxation and Revenue, Section 1-e: abolition of ad valorem property taxes. http://www.statutes.legis.state.tx.us/)

Proposition 3 - FOR

Proposition 3 would amend the constitution to require the legislature to provide for the administration and enforcement of uniform standards and procedures for appraisal of property for ad valorem tax purposes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment providing for uniform standards and procedures for the appraisal of property for ad valorem tax purposes."

For: Taxpayer protection measure.  Though this opens the door further for state involvement in local property taxation, this proposed amendment would make sure that properties in different counties are appraised according to the same uniform statewide standards. It would allow appraisal standards to be enforced by direct action against appraisal districts, rather than relying on penalties against school districts. Since state funding to school districts is partially based on local property value, it’s unfair to allow values to be determined differently in different counties.

Proposition 4 - AGAINST

Proposition 4 would amend the constitution to establish the national research university fund to provide a source of funding that will enable emerging research universities in this state to develop into major research universities. The amendment would require the legislature to dedicate state revenue to the fund and to transfer the balance of the existing higher education fund to the national research university fund. This amendment would further require the legislature to establish the criteria by which a state university may become eligible to receive and use distributions from the fund.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment establishing the national research university fund to enable emerging research universities in this state to achieve national prominence as major research universities and transferring the balance of the higher education fund to the national research university fund."

Against: While the goals of the proposal are commendable, Texas should focus more of its limited resources strictly on those institutions that are the closest to attaining nationally recognized status. By setting criteria such that at least seven different universities can draw from the NRUF, it will take longer for the leading research universities, such as the University of Houston, to reach national prominence.

Proposition 5 - FOR

Proposition 5 would amend the constitution to authorize the legislature to allow for a single appraisal review board for two or more adjoining appraisal entities that elect to provide for consolidated reviews of tax appraisals.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations."

For: Taxpayer protection measure. Many rural counties have a difficult time finding enough qualified and willing candidates to sit on their appraisal review boards. Proposition 5 would let counties join together to form consolidated appraisal review boards. Having fully qualified appraisal review boards would help ensure a more professional appraisal review process.

Proposition 6 -  AGAINST

Proposition 6 would amend the constitution to authorize the Veterans' Land Board to issue general obligation bonds, subject to certain constitutional limits, for the purpose of selling land and providing home or land mortgage loans to veterans of the state.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the Veterans ’ Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized."

Against: Taxpayer protection measure. Voters should have the ability to approve bonding authority every time it is needed. This proposed amendment will reduce the board’s accountability to the voters. Voters did not vote for perpetual borrowing when they authorized the first set of bonds. There is no reason why the board should not be expected to come back to the voters for approval of these large amounts of borrowing.

Proposition 7 - FOR

Proposition 7 would amend the constitution to allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices."

For: Individual liberty issue. This proposed amendment would correct an oversight in the Texas Constitution. The Texas State Guard and other Texas military forces were overlooked during earlier amendments to this section exempting other members of the armed forces. Many civil officials would like to become active in the Texas State Guard or other Texas military forces but are prohibited from doing so by the current constitutional provision.

Proposition 8 - AGAINST

Proposition 8 would amend the constitution to authorize the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veterans’ hospitals in this state.

The proposed amendment would appear on the ballot as follows: “The constitutional amendment authorizing the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veteran’s hospitals in this state.”

Against: Not appropriate role of state government. Though a laudable objective, funding these hospitals is the responsibility of the federal government. In these tough budgetary times, the state should not devote any of its limited resources to something that is not a responsibility of Texas state government. If we want more veteran’s hospitals in Texas, our federal legislators should work to provide them with federal funding.

Proposition 9 - AGAINST

Proposition 9 would define what is a state-owned public beach. The public, individually and collectively, would have an unrestricted right to use and a right of ingress to and egress from a public beach. The amendment would authorize the legislature to enact laws to protect these rights.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward shore of the Gulf of Mexico."

Against: Property rights issue. The Open Beaches Act gives the state too much power to restrict the right of private landowners to enjoy their property. Placing this authority in the Constitution would only worsen this problem by making the law more difficult to change in the future. Under the Open Beaches Act, the state has forced homeowners to move or remove their houses after hurricanes and other changes to the coastline. The law should be weakened, not placed in the Constitution.

Proposition 10 - AGAINST

Proposition 10 would amend the constitution to authorize the legislature to provide that members of the governing board of an emergency services district may serve terms not to exceed four years.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to provide that elected members of the governing boards of emergency services districts may serve terms not to exceed four years."

Against: Taxpayer protection issue. Proposition 10 would weaken public oversight over the governing boards of emergency services districts. Since these boards have the power to set tax rates, the members should have to face the voters regularly. Members of the Texas House of Representatives and the United States House are elected every two years, and there is no reason members of the boards of emergency services districts should be any different.

Proposition 11 - FOR

Proposition 11 would amend the constitution to provide that the taking of private property for public use (“eminent domain”) is authorized only if it is for the ownership, use, and enjoyment of the property by the State, its political subdivisions, the public at large, or by entities granted the power of eminent domain, or for the removal of urban blight. The amendment would prohibit the taking of private property for transfer to a private entity for the purpose of economic development or to increase tax revenues. The amendment would also limit the legislature's authority to grant the power of eminent domain in the future unless it is approved by a two-thirds vote of all the members elected to each house.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature ’s authority to grant the power of eminent domain to an entity."

For: Private property rights protection issue. Proposition 11 would add key protections against abuses of the power of eminent domain by stating the legitimate purposes for eminent domain in the Constitution. Passage of this amendment would also have the symbolic value as a strong message from the Legislature and voters that eminent domain must be used for very limited purposes, only when it is really needed.

Prop11 will protect property rights by defining public use and prohibiting a governmental taking for economic development or enhancement of taxes.

This proposed amendment would require the government to keep any property it takes through eminent domain in its possession, to occupy the property, and to use the property for some productive purpose. It would prohibit the government from taking property without a clearly stated purpose. It would also prohibit property from being taken by government and then given to a private entity. The proposed amendment will make it more difficult for the Legislature to grant eminent domain power to additional entities.

NOTE: This amendment is a “fix” to the outrageous Kelo Supreme Court decision of 2005, and will prohibit local government from taking property and turning it over to a developer so the taxing entity can receive more in property taxes.  (The Texas Municipal League supported the decision and used your tax dollars to file an amicus brief before the U.S. Supreme Court to allow such a taking.)