Changes I'd Make To The Texas Constitution

what i would fix in the texas constitution

The Texas Constitution, which establishes the structure and function of the Texan government, has been amended several times since its adoption in 1876. However, there are still many issues that need to be addressed to improve the lives of Texans. This essay will explore some of these issues, including the state of public schools, soaring healthcare costs, underfunded nursing homes, a flawed tax system, and the need for better infrastructure. By addressing these concerns, Texas can ensure a brighter future for its citizens and continue to thrive as a prosperous state.

Characteristics Values
Failing public schools Too many failing students
Health care costs Soaring costs that threaten the solvency of the state
Nursing homes Underfunded and may have to close
Tax system Fails to reflect the modern Texas economy
Franchise tax Riddled with loopholes and exceptions
Water crisis Looming
Higher education Inadequate quality and quantity of financial aid
Toll roads Unfairly placed in urban areas
Gasoline tax Too low

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Improve public schools

The Texas Constitution guarantees the right to public education for all children, including those with disabilities. However, there is criticism that the state leadership is holding education funding hostage over private school vouchers, denying every Texas child their constitutional rights. Texas received an "F" in school spending due to its low funding amounts, with the national average for per-student public education spending being $13,679 compared to only $9,369 in Texas.

To improve public schools in Texas, the following steps could be taken:

  • Increase funding for public schools: The state should prioritize increasing funding for public schools, rather than providing private school vouchers. The basic allotment, or base level per-student funding, should be raised to meet the national average and ensure that all children have access to a well-funded public school.
  • Invest in special education and bilingual programs: Texas has a diverse student population, with 62% being economically disadvantaged, 23% being emergent bilingual, and 13% receiving special education services. The state should invest in special education, two-way bilingual educational programs, and enrichment programs to meet the needs of all students.
  • Ensure equitable access to education: The Texas Constitution states that a "general diffusion of knowledge" is essential to preserving the rights and liberties of the people. The state should ensure that all children, regardless of their needs, backgrounds, or abilities, have equitable access to quality public education. This includes providing the necessary funding and resources to schools in all districts, including those with a high proportion of economically disadvantaged students.
  • Establish clear rules and regulations: The Texas Constitution Article 7 states that the Legislature shall fix the terms of all offices of the public school system and higher education institutions. Clear rules and regulations should be established and regularly reviewed to ensure they are effective and adapted to the needs of the people.
  • Protect the rights of undocumented children: Texas has a history of excluding undocumented children from public education. However, there is no evidence that excluding these children improves the overall quality of education in the state. The state should protect the rights of all children to access education and ensure that legislative decisions are made in the best interests of all citizens.

By implementing these steps, Texas can improve its public school system and ensure that all children have access to a quality education that meets their needs and prepares them for future opportunities.

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Reduce healthcare costs

Texas has the highest rate of uninsured residents in America, with healthcare insurance in the state being the fifth most expensive in the nation. The average cost of an employer-sponsored insurance plan that covers a family was over $22,000 in 2022, accounting for about one-third of the median household income in Texas. Even Texans with health insurance often skip care due to the high costs of copays and deductibles.

To reduce healthcare costs in Texas, the state could consider expanding eligibility for Medicaid. This would provide insurance for more low-income residents, reducing the financial burden on those who currently struggle to afford coverage. Additionally, Texas could improve awareness and utilization of safety net programs, as over half of uninsured Texans are eligible for free or government-subsidized health insurance programs but are unenrolled.

Another strategy to reduce healthcare costs is to focus on preventative care and improving access to affordable, quality care. This includes making meaningful improvements in education, workforce development, infrastructure, and natural resources, all of which can positively impact the health of Texans. For example, investing in community health centers that offer sliding scale fees based on income can help make healthcare more affordable and accessible.

Individuals in Texas can also take steps to reduce their healthcare costs, such as comparing healthcare plans annually, seeking in-network providers, and considering telemedicine services. Choosing the right insurance plan, such as a high-deductible health plan (HDHP) with a health savings account (HSA), can also help manage expenses. Negotiating medical bills and reviewing them for errors can also help reduce costs, as the Federal No Surprises Act protects against hidden charges in certain medical services.

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Better fund nursing homes

Long-term care in Texas is very expensive, with the average cost for nursing home care being $5,125 for a semi-private room and $7,092 for a private room. Many seniors and their families combine private funds and public health insurance programs to cover these costs. Some of the most common private sources of income for senior care include personal savings, pensions, retirement funds, income from stocks and bonds, and proceeds from the sale of a home. Seniors may also use health savings accounts (HSA) or borrow from their life insurance plans.

In terms of public support, some of the most common methods include VA benefits, Medicare, and Medicaid. Medicare-certified nursing homes, intermediate care facilities, and home health and hospice services are licensed by the state and certified by the federal government. Texas also has the Texas Program of All-Inclusive Care for the Elderly (PACE), which provides comprehensive medical and social services to frail, community-dwelling elderly individuals who are often dually eligible for Medicare and Medicaid benefits. PACE is centered on the belief that it is better for the well-being of seniors with chronic care needs to be served in the community whenever possible.

However, it is important to note that Medicare does not cover long-term stays in nursing homes. For seniors to receive Medicaid within a nursing home, they must meet income requirements and have an approved medical necessity. Medicaid only covers room and board at Medicaid-contracted nursing facilities. As such, additional funding for nursing homes in Texas would be beneficial to ensure that seniors can access the care they need without incurring significant financial burdens.

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Reform the tax system

Texas is one of nine states without a state income tax. Instead, it relies on a combination of local property taxes and state funding through sales tax revenue to finance its public schools. Local property taxes are a significant source of school funding, with districts relying heavily on these revenues for operational expenses such as employee compensation, student programs, classroom resources, and facility maintenance.

However, this has led to funding inequities between "property-rich" and "property-poor" districts. To address these disparities, Texas implemented the "Robin Hood" plan, or "recapture," in 1993. The intent behind recapture is to redistribute funds from wealthier districts to less affluent ones. While originally intended to equalize educational opportunities, the growth in recapture revenue collected by the state has largely been used to cover the cost of charter school expansion.

In recent years, the Texas Legislature has prioritized property tax relief over fully funding public education, despite record-breaking state budget surpluses and inflation. This has had dire implications for public schools, with educators, parents, and community members expressing concern that any reforms to the property tax system must not come at the expense of Texas's public schools.

One way to reform the tax system in Texas is to address the issue of tax fairness. Currently, the Texas tax system is considered unfair because lower-income households pay a higher percentage of their income in taxes compared to higher-income households. To make the system more progressive, Texas could consider exempting groceries, residential utilities, and medical expenses from sales tax, as well as taxing business and professional services utilized by higher-income families. Additionally, Texas could explore other sources of revenue besides property and sales taxes, such as implementing a state income tax, to reduce the reliance on volatile sales tax revenue and ensure stable funding for public education and essential local services.

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Address the water crisis

Texas is facing a water crisis due to several factors, including rapid population growth, climate change, and aging water infrastructure. The Texas Water Development Board (TWDB) projects that the state's water supply will decrease by 18% by 2070, while water demand is expected to increase by 9%. This means that approximately one-quarter of Texas' population could face municipal water shortages by 2070.

To address the water crisis in Texas, the following steps could be included in the state's constitution:

Groundwater Conservation

Groundwater conservation districts were created in 1949 to protect water resources and manage groundwater usage. However, their power to restrict landowners is limited. To address this, the constitution could empower these districts to enforce stricter water usage limits on landowners, ensuring that water extraction does not exceed sustainable levels. This may involve amending the rule that allows landowners to pump as much water as they want without facing liability to surrounding landowners.

Irrigation Conservation

The state water plan recommends irrigation conservation as a cost-effective water management strategy. While this approach may face criticism from farmers, especially during droughts, the constitution could include measures to incentivize farmers to reduce water usage. For example, the state could offer financial incentives or subsidies to farmers who implement water-efficient practices or technologies.

Infrastructure Upgrades

Aging water infrastructure is a significant contributor to water loss in Texas. The constitution could outline a comprehensive plan for upgrading and maintaining water infrastructure, including pipes, treatment facilities, and transportation systems. This could be funded through the $20 billion "Texas-sized water package" or other initiatives like the Texas Water Fund, which aims to finance water projects in the state.

Water Reuse and Desalination

The state should also focus on diversifying its water sources to reduce reliance on freshwater resources. The constitution could encourage the development of water reuse and desalination projects. For example, the Texas Water Development Board already supports water supply projects that create new water sources through desalination and produced water treatment. By including these initiatives in the constitution, Texas can ensure a more resilient and sustainable water supply for its growing population.

Public Education and Awareness

In addition to these measures, the constitution could emphasize the importance of public education and awareness about water conservation. Educating Texans about the value of water, the impacts of water waste, and simple water-saving practices can empower individuals to make a difference in their daily lives. This could include campaigns, educational programs, and community initiatives to promote a culture of water conservation across the state.

Frequently asked questions

The Texas Constitution has been amended several times since its adoption in 1876, but some issues persist, such as a tax system that doesn't reflect the modern Texas economy, underfunding of nursing homes, and a lack of funding for public schools.

The Texas Constitution is the second-longest state constitution in the US and is highly detailed. This level of complexity may contribute to challenges in interpreting and amending the document.

Yes, there have been concerns about the inclusivity of certain provisions. For example, Section 32, added in 2005, prohibited same-sex marriage, which has since been legally unenforceable following the Obergefell v. Hodges decision by the US Supreme Court.

The Texas Constitution has specific requirements for revenue allocation from state income taxes, mandating that two-thirds go toward reducing school property tax rates and the remaining third toward education.

The Texas Constitution's provisions on education funding have led to a complex situation where toll roads are being considered to fund public schools, and there are concerns about the quality of education and financial aid for lower-income students.

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