Malcolm Rivera
On November 7, 2023, Texans voted on 14 proposed amendments to the Texas Constitution. The amendments covered a range of issues, including taxation, water infrastructure, and the creation of state parks. One amendment would have prohibited any tax on capital gains, while another would have diverted sales tax revenue towards a Texas Water Fund. Another amendment would have allowed the legislature to exempt a portion of the market value of income-generating personal property from local property taxes, providing tax relief for small businesses and the self-employed. Before these amendments were put to a public vote, they had to be approved by a resolution that passed with a two-thirds majority in both the House of Representatives and the Senate.
| Characteristics | Values |
|---|---|
| Number of Amendments | 14 |
| Amendment Topics | Prohibition of tax on capital gains, denial of bail for certain offences, funding for Texas Water Fund, exemption of property from ad valorem taxation, creation of a fund for the Texas State Technical College System, creation of a centennial parks conservation fund |
| Amendment Process | Amendments proposed by legislators, added to ballot if resolution passes with 2/3 vote in House of Representatives and Senate, become law if more than 50% of voters approve |
| Election Date | November 7, 2023 |
| Number of Amendments Passed | 13 |
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What You'll Learn
Funding for Texas State Technical College System
One of the constitutional amendments up for vote in Texas involves funding for the Texas State Technical College System (TSTC). The amendment proposes creating two dedicated state funds to support infrastructure, land acquisition, and equipment for TSTC, with an initial $850 million from general revenue. This funding mechanism has been controversial, as it operates outside the normal state budget and legislative oversight, which some argue undermines fiscal accountability and transparency.
Texas State Technical College has received funding through various grants and scholarships, such as the Skills Development Fund (SDF) grant from the Texas Workforce Commission (TWC). This particular grant, totaling $179,538, was awarded to provide customized training in healthcare, healthcare compliance, medical billing, and other high-demand occupations for 100 employees of the Hendrick Health System. The TSTC Foundation also plays a crucial role in supporting students, career programs, faculty, and staff, with a focus on addressing students' critical needs.
The COVID-19 pandemic significantly impacted Texas's economy, resulting in the loss of 1.4 million jobs in the first two months. In response, the federal government provided billions in aid to colleges, which was used for scholarships, emergency aid, improved online programming, and broadband access. Texas Governor Greg Abbott dedicated a significant portion of the state's federal coronavirus stimulus funding to higher education, including short upskilling and reskilling programs.
The Texas State Technical College also received support through the Governor's Emergency Education Relief (GEER) funds, which were used for equipment purchases, teacher training, and developing new programs that align with local industry needs. The college's focus on providing job-focused programs and addressing the skills gap is in line with the state's efforts to prepare the workforce for the changing economy.
Overall, the funding for the Texas State Technical College System, including the proposed constitutional amendment, aims to support the college's mission of equipping students with the skills they need to succeed in high-demand occupations and contributing to the state's economic growth.
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Tax exemption for income-generating personal property
Texans will vote on 14 proposed amendments to the Texas Constitution on November 7, 2025. One of these amendments is the "Texas Authorize Tax Exemption for Tangible Property Used for Income Production Amendment."
This amendment proposes to exempt up to $250,000 of the market value of income-generating personal property, such as business equipment or tools, from local property taxes. In other words, it would allow the Legislature to exempt from ad valorem taxation a portion of the market value of tangible personal property owned and used for income production.
The amendment specifically targets small businesses and the self-employed, seeking to ease their tax burden. By reducing taxes on productive assets, the amendment promotes free enterprise, supports private property rights, and aligns with limited government principles. It provides targeted relief to small businesses and entrepreneurs, encouraging investment and job creation without imposing direct costs on the state.
Additionally, this amendment does not impose a blanket exemption but allows the Legislature flexibility in its implementation. While it authorizes future legislation to implement the exemption, it does not mandate it. This flexibility enables the Legislature to address tax inconsistencies and deliver fairer tax treatment without mandating new spending.
The Texas Authorize Tax Exemption for Tangible Property Used for Income Production Amendment is one of several amendments on the ballot that seek to balance limited government, free enterprise, and private property rights. Texans will have the opportunity to vote on this amendment and decide its potential impact on the state's tax structure and economic landscape.
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Prohibition on taxation of capital gains
Texas Proposition 2, also known as the Prohibit Capital Gains Tax on Individuals, Estates, and Trusts Amendment, was a ballot measure in the November 4, 2025, election. The proposition sought to amend Article 8 of the Texas Constitution to prohibit the Texas State Legislature from imposing a tax on the realized or unrealized capital gains of individuals, families, estates, or trusts.
Texas does not currently have a capital gains tax, and the proposition aimed to safeguard the state's low-tax structure and protect Texans from future financial intrusion and double taxation. The proposition defined realized gains as the profits made from selling a capital asset, while unrealized gains are the potential profits that could be made if a capital asset were sold at its current market value. Capital assets include personal investment vehicles such as stocks, bonds, real estate, and personal vehicles.
The proposition was supported by those who believed it would uphold individual liberty, private property rights, and free enterprise. It was also seen as a way to strengthen Texas's commitment to limited government and long-term economic competitiveness. Additionally, the proposition provided long-term financial predictability for investors, entrepreneurs, and business owners, particularly in sectors like real estate, finance, and technology.
However, some argued that the proposition could further entrench wealth inequality and limit the tools available to future policymakers to respond to fiscal challenges. It was also criticized for potentially reducing aggregate savings and hindering economic development.
The proposition required a two-thirds (66.67%) vote during one legislative session for the Texas State Legislature to place it on the ballot. The Senate passed the resolution with a vote of 24-6, and the House concurred with an amended version by a vote of 104-26. If approved by voters, the amendment would take effect on January 1, 2026.
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Creation of Texas Water Fund
Texans voted on 14 proposed amendments to the Texas Constitution on November 7, 2023. One of these amendments was the creation of a Texas Water Fund.
The Texas Water Fund amendment proposes to dedicate a portion of the revenue derived from state sales and use taxes to a new Texas Water Fund. This fund would support water infrastructure projects. Up to $1 billion per year in existing sales tax revenue would be diverted to the fund, which would occur automatically each year, bypassing the normal legislative appropriations process. This would continue until 2035 unless extended by the legislature.
The Texas Constitution outlines a specific process for amending its provisions. Firstly, any member of the Texas Legislature can introduce a joint resolution proposing an amendment. For the proposal to be placed on the ballot, two-thirds of the members must approve the joint resolution. The secretary of state is then responsible for publicizing the proposed amendments, including a brief explanation and the wording of the proposition as it will appear on the ballot.
On the ballot, voters are presented with one or more "propositions" and can vote for or against each one. If a majority of voters (>50%) vote in favour of a proposition, it becomes part of the Constitution, and the governor issues a proclamation to that effect.
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Raising retirement age for judges
Texas has had a mandatory retirement age for judges since 1965, with the current age set at 75. In 2023, Texans voted on Proposition 13, a ballot measure that aimed to increase the mandatory retirement age for state judges and justices from 75 to 79. This proposition also sought to increase the minimum retirement age from 70 to 75.
Proponents of the amendment argued that raising the retirement age would allow courts to retain the wisdom and experience of long-tenured judges. They also pointed to increased life expectancies and improved health conditions, making it possible for judges to serve beyond the previously mandated retirement age. Additionally, supporters believed that raising the retirement age would help reduce court backlogs by keeping respected judges in their positions.
On the other hand, critics of Proposition 13 argued that the current mandatory retirement age allows judges to serve for a sufficient period. They also raised concerns about the potential negative impact on public trust in the judicial system, as it could introduce questions about the competency of older judges. Furthermore, critics pointed out that there are many competent, younger attorneys available to fill the positions of retiring judges.
Ultimately, the ballot measure to raise the mandatory retirement age for judges in Texas was defeated in the 2023 vote. Texans voted on 14 proposed amendments to the state constitution on November 7, 2023, with Proposition 13 being one of the amendments up for consideration.
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Frequently asked questions
Constitutional amendments are changes to the Texas Constitution. All changes must be approved by the general public.
Texans voted on 14 proposed amendments to the Texas Constitution on November 7, 2023.
The amendments covered a range of issues, including taxation, water infrastructure, and the creation of state parks. For example, Proposition 8 was about exempting a portion of the market value of tangible personal property from ad valorem taxation.
Before the public can vote, legislators must agree to add the proposition to the ballot by voting on a legislative document called a "resolution". If the resolution passes with a 2/3 vote from both the House of Representatives and the Senate, voters will have the chance to approve or reject each proposed amendment in the general election. If more than 50% of voters vote in favor, the amendment becomes law.
