Omar Bennett
Texas has had a long and varied constitutional history, having been part of Spain, Mexico, the Confederacy, and the United States of America, as well as an independent republic. The current Texas Constitution came into effect on February 15, 1876, and has been amended many times since. In 2023, Texas voters approved 13 out of 14 proposed amendments, covering a range of issues from property tax breaks to expanding broadband access. In 2021, Texas voters approved all eight proposed amendments, including Proposition 1, which amended the state constitution to allow raffles to be conducted at rodeo venues.
| Characteristics | Values |
|---|---|
| Date | November 8, 2023 |
| Number of proposed amendments | 14 |
| Number of approved amendments | 13 |
| Amendments approved | Proposition 1, Proposition 2, Proposition 3, Proposition 4, Proposition 5, Proposition 6, Proposition 7, Proposition 9, Proposition 10, Proposition 11, Proposition 12, Proposition 14 |
| Amendments rejected | Proposition 13 |
| Topics covered | Property tax, wealth tax, education, water fund, energy fund, broadband access, etc. |
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What You'll Learn
Right to farm, ranch, produce timber or manage wildlife
Texas has a long history of constitutional amendments, with the current constitution taking effect on February 15, 1876. Since then, the Texas Legislature has proposed hundreds of amendments, with voters deciding whether to adopt them.
One such amendment is Proposition 1, also known as the Right to Farm and Ranch Amendment. This amendment was approved by voters on November 7, 2023, and added a new section to Article I of the Texas Constitution. The purpose of this amendment is to protect the rights of landowners and lessees to engage in commonly accepted agricultural practices on their own properties, including farming, ranching, timber production, horticulture, and wildlife management.
Proposition 1 establishes that individuals have the right to participate in these practices on land they own or lease, protecting their ability to continue essential traditions that have been integral to the state's heritage and economy for generations. This amendment is particularly important in the face of increasing urbanization, which has led to local officials prioritizing tax revenue over agricultural needs and enacting restrictions that limit or prohibit the use of undeveloped land for agriculture.
The amendment also ensures that the state can protect animals, crops, and natural resources. While it does not preclude regulation, it specifies that regulations must meet a high legal threshold, requiring "clear and convincing evidence" that they protect the public from "imminent danger." This balance between protecting private property rights and allowing for necessary government intervention demonstrates the complexity of constitutional amendments and the need to consider multiple perspectives.
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Property tax cuts for child care centres
The Texas Constitution has been amended numerous times since it came into effect on February 15, 1876. In 2023, Texans voted on 14 proposed amendments, including Proposition 2, which relates to property tax cuts for child care centres.
Proposition 2, the Property Tax Exemption for Child-Care Facilities Amendment, was approved by Texas voters on November 7, 2023. The amendment authorises the state legislature to pass a law to provide a property tax exemption on all or part of the property used to operate a child-care facility. This applies to child-care facilities that are owned or rented and have at least 20% of enrolled children receiving subsidised child care. The exemption must be for at least 50% of the appraised value.
The amendment addresses the issue of inadequate child care in Texas, which is estimated to cost the state's economy more than $9 billion annually. By reducing property taxes for child care centres, the amendment aims to improve access to child care, support early childhood education, and enhance economic growth and employment opportunities for parents.
The passage of Proposition 2 has been welcomed by child care providers, who have faced challenges due to the slim profit margins in the industry, increased operating costs, and the impact of the COVID-19 pandemic. The tax exemption is expected to help reduce costs for child care centres, enabling them to pay living wages, retain qualified staff, and keep tuition affordable for families.
Overall, the Property Tax Exemption for Child-Care Facilities Amendment in Texas is a significant step towards supporting the child care industry, recognising its essential role in preparing the future workforce and contributing to the state's economy.
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Prohibition of individual wealth tax
Texas voters recently decided on 14 proposed amendments to the Texas Constitution. One of these was Proposition 3, which sought to prohibit the imposition of an individual wealth or net worth tax. This amendment was supported by Republican legislators, who argued that such a tax would penalize business owners and people with significant assets but low cash flow.
The amendment, if passed, would prevent the Texas Legislature from imposing a tax based on an individual or family’s wealth or net worth. Texas does not currently have a wealth tax, and the passage of Proposition 3 would ensure that any future imposition of such a tax would first require voters to overturn the amendment.
Voting "yes" on Proposition 3 would support limiting lawmakers' ability to impose a wealth tax in the future and require them to seek approval from voters before doing so. On the other hand, voting "no" would oppose these limitations and allow lawmakers to impose a wealth tax without prior voter approval.
The passage of Proposition 3 would add to Texas's existing tax policies, which rely heavily on sales and property taxes as sources of revenue. Texas currently does not have an income tax, and a previous constitutional amendment, approved by voters in 1993, prohibits the enactment of a personal income tax without voter approval.
The recent vote on Proposition 3 reflects the ongoing debate over tax policies in Texas and the desire to shape the state's economic outlook and competitiveness.
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Funding for Texas universities
Texas voters have recently approved a constitutional amendment to create a new state endowment fund to benefit universities. The amendment, included on the ballot as Proposition 5, passed on November 7, 2023, with 64.35% in favour, allowing for up to $3.9 billion to be allocated to the Texas University Fund (formerly the National Research University Fund). The fund aims to enhance the research capabilities of public universities that are not part of the University of Texas or Texas A&M University systems. The universities that will initially benefit from the fund include the University of Houston, Texas Tech University, the University of North Texas, and Texas State University.
The endowment will be managed by the Texas Treasury Safekeeping Trust Co., part of the Texas comptroller’s office. The Texas Legislative Budget Board, in consultation with the Texas Higher Education Coordinating Board, will determine the distribution of funds to eligible institutions. To be eligible to receive funds, institutions must have spent at least $20 million on federal or private research in each of the preceding three years and must have awarded at least 45 doctoral degrees during the previous three years. The funds can be used for various purposes, including providing faculty support, paying faculty salaries, and increasing the number of doctoral graduates.
The Permanent University Fund (PUF) is another source of funding for public higher education in Texas. It was created by the 1876 Constitution of the State of Texas and includes assets such as lands and proceeds from sales. The PUF provides extra funds to the UT System and the Texas A&M System, which collectively enrol approximately 50% of the state's public university students. Over time, the PUF's constitution has been amended to include a broader range of investments and to raise its bond issuance capacity. In 1984, the Higher Education Assistance Fund was created to help public higher education institutions not covered by the PUF.
The Texas State Legislature has also passed House Bill 1595, which requires the Texas Higher Education Coordinating Board to determine the amount of each distribution from the Texas University Fund and identify eligible institutions. The first distributions from the fund will be made in fiscal 2025, which begins in September 2024.
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Tax exemption for rodeo venues
On November 2, 2021, Texans voted on eight proposed amendments to the Texas Constitution. One of these was Proposition 1, also known as the "Authorize Charitable Raffles at Rodeo Venues Amendment". This proposition sought to amend the state constitution to allow charitable raffles to be conducted at rodeo venues.
Proposition 1 proposed to add professional rodeo charitable foundations that are sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association to the list of similar foundations for other professional sports associations that are allowed to hold raffles. This would mean that, if approved, raffles may be held at rodeos in Texas.
The proposition passed with 84% of voters in favour and 16% against. This means that the Texas Constitution now authorises the professional sports team charitable foundations of organisations sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association to conduct charitable raffles at rodeo venues.
Supporters of the amendment argued that many other professional sports charitable foundations, including those for the NFL, NBA, and MLB, are already allowed to hold raffles. Opponents, however, argued that raffles are another form of gambling and that, if authorised, this form of gambling could eventually extend beyond professional sports to other types of organisations.
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Frequently asked questions
The Texas Legislature can propose amendments to the Constitution. Texas voters then decide whether to adopt the proposed amendments.
Texas voters decided whether to reject or approve 14 proposed amendments to the Texas Constitution.
Texas voters passed 13 of the 14 proposed amendments to the Texas Constitution.
Proposition 1 amended the constitution to protect people's and businesses' right to farm, ranch, produce timber or manage wildlife on land they own or lease. Proposition 2 allowed counties and cities to lower property taxes on child care centres with at least 20% of enrolled children receiving subsidised care. Proposition 3 prohibited an individual wealth or net worth tax. Proposition 4 delivered about $18 billion in property tax cuts. Proposition 9 gave cost-of-living adjustments to retired teachers' pensions. Proposition 10 concerned tax breaks for medical manufacturers.
![Ballot Measure 9 [VHS]](https://m.media-amazon.com/images/I/51TRSVHYJPL._AC_UY218_.jpg)
