Isabella Carter
Texans vote on amendments to the Texas Constitution during elections held in odd-numbered years. The Texas State Legislature can refer statewide ballot measures, in the form of constitutional amendments, to the ballot in odd-numbered years and even-numbered years. However, as the legislature convenes regular sessions in odd-numbered years but not in even-numbered years, most amendments have been referred to the ballots in odd-numbered years. For instance, Texans will vote on 14 proposed amendments to the Texas Constitution during the November 7 Election.
| Characteristics | Values |
|---|---|
| Frequency of voting for Texas Constitution Amendments | In Texas, statewide ballot measures can be voted on in odd-numbered and even-numbered years. However, as the Texas State Legislature convenes regular sessions in odd-numbered years, most amendments have been referred to ballots in odd-numbered years. |
| Voter Turnout | Between 1988 and 2023, the average voter turnout for odd-numbered year elections featuring constitutional amendments was 11.1%, 40 percentage points lower than the average turnout at general elections in even-numbered years. |
| Number of Amendments | During the 2023 regular legislative session, 297 constitutional amendments were filed for the 2023 ballot. |
| Party Breakdown of Amendments | In 2023, Democrats filed 113 (38%) of the constitutional amendments, and Republicans filed 184 (62%). |
| Legislative Chamber Breakdown | In the state Senate, 93 (31.3%) of the constitutional amendments were filed, and in the state House, 204 (68.7%) were filed. |
| Ballot Language | Examples include: "The constitutional amendment prohibiting the imposition of a tax on the realized or unrealized capital gains of an individual, family, estate, or trust." |
| Summary | Examples include: "This amendment would permanently prohibit the Texas Legislature from imposing any tax on capital gains, whether realized or unrealized." |
| Texas Policy Research Recommendations | Examples include: Vote No to amendments that undermine limited government and transparency, or shift the tax burden onto specific groups. Vote Yes to amendments that uphold individual liberty, private property rights, and free enterprise. |
| Date of Next Election | Texans will vote on 14 proposed amendments as part of the November 7 Election. |
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What You'll Learn
School property tax exemption for elderly and disabled homeowners
Texans will vote on 14 proposed amendments to the Texas Constitution on November 7. One of the proposed amendments relates to school property tax exemptions for elderly and disabled homeowners.
Currently, in Texas, Tax Code Section 11.13(b) requires school districts to provide a $100,000 exemption on a residence homestead. Tax Code Section 11.13(c) requires school districts to provide an additional $10,000 residence homestead exemption for persons aged 65 or older or disabled. A surviving spouse aged 55 or older may be eligible for their deceased spouse's age 65 or older exemption if the deceased spouse qualified for the exemption and lived in the home as their primary residence. To qualify for the exemption, the surviving spouse must continue to live in the home as their principal residence.
For disabled persons, they must meet the definition of disabled to receive disability insurance benefits under the Federal Old-Age, Survivors, and Disability Insurance Act, administered by the Social Security Administration. Disabled veterans may also qualify for a partial exemption for any property they own, with the amount of the exemption depending on their disability rating. Surviving spouses of disabled veterans may also be eligible for exemptions, as long as they occupy and hold legal or beneficial title to the primary residence.
In addition to the school property tax exemptions mentioned above, Texas also allows local taxing units to adopt a local option residence homestead exemption. This exemption cannot be less than $5,000, and taxing units may offer an additional exemption of up to 20% of the total value.
Amendments: A Historical Timeline of the US Constitution
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Protecting Texans from financial intrusion and double taxation
Texans will vote on 14 proposed amendments to the Texas Constitution on November 7, 2025. One of these amendments, Proposition 2, aims to protect Texans from financial intrusion and double taxation.
Proposition 2, endorsed by the Texas Farm Bureau and Texas Policy Research, seeks to uphold individual liberty, strengthen limited government, and protect private property rights and free enterprise. By prohibiting the imposition of capital gains taxes on individuals, families, estates, or trusts, Texans would be shielded from double taxation and financial intrusion by the government. This measure would add Section 24-b to the Texas Constitution, explicitly preventing the legislature from taxing the sale or transfer of capital assets by these entities.
Additionally, Proposition 8 is another amendment that aims to protect Texans from punitive taxation. This amendment would authorize the Legislature to exempt a portion of the market value of tangible personal property used for income production from ad valorem taxation. Specifically, it would allow for up to $250,000 of the market value of business equipment or tools owned by self-employed individuals or small businesses to be exempt from local property taxes, easing their tax burden.
Another amendment seeks to protect investment activity from targeted taxation. By granting the legislature the power to exempt all or part of the market value of the residence homestead of a surviving veteran's spouse from ad valorem taxation, this amendment would shield investors and financial institutions from future taxation. This measure upholds the state's pro-business climate while safeguarding institutional and individual investors from government interference.
These amendments reflect a commitment to protecting Texans from excessive taxation and financial intrusion, promoting economic competitiveness, and strengthening private property rights and individual liberty. Texans will have the opportunity to vote on these amendments and decide the future of taxation in their state.
Amending the Constitution: A Deliberate Process
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Exempting animal feed from local property taxes
In Texas, proposed amendments to the state constitution are voted on during a constitutional amendment election. The next election of this type is scheduled for November 7.
One of the proposed amendments is related to exempting animal feed from local property taxes. Currently, in Texas, some animals and their feed do not qualify for the agricultural/timber exemption, but they do qualify for the standard sales and use tax exemption. To purchase such items without paying tax, a Texas Sales and Use Tax Exemption Certificate (Form 01-339) must be provided to the retailer, clearly stating the exempt purpose for which the animal or feed will be used.
Feed for work animals and animals being held for sale in the regular course of business (including dogs, cats, rabbits, and exotic animals) qualifies for exemption. This includes feed such as oats, corn, chicken scratch, and hay. On the other hand, pet food is taxable, although food prescribed by a veterinarian can be purchased tax-free without the need for an exemption certificate.
Additionally, machinery and equipment used exclusively on a farm or ranch for producing food for human consumption, grass, or feed for animal life are exempt from taxation. A farm machine or trailer is also exempt from motor vehicle sales and use tax if it is used at least 80% of the time to produce feed for animals or is used by an original producer in processing, packing, or marketing their livestock or agricultural products for sale.
The Amendments: Constitutional Convention's Proposed Changes
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Prohibiting taxpayer-funded lobbying
Texans will vote on 14 proposed amendments to the Texas Constitution on November 7. One of the proposed amendments is to prohibit taxpayer-funded lobbying. This amendment, Senate Bill 12, was introduced by Senator Mayes Middleton and seeks to ban the use of public funds to pay for lobbying services from individuals or entities registered as lobbyists with the state government.
The bill specifically targets the practice of local governments hiring lobbyists with taxpayer money to advocate on their behalf in Austin, the state capital. During the 2021 legislative session, local governments in Texas spent $75 million in public funds on lobbying. Supporters of the bill, such as Lt. Gov. Dan Patrick, argue that this practice goes against the interests of taxpayers and that elected officials should advocate on behalf of their constituents, not "outsource their voice to special interests who subvert them."
The bill would not apply to certain organizations such as chambers of commerce, parent-teacher associations, and law enforcement associations. It also would not prohibit local elected officials from using state money to lobby on behalf of their constituents due to existing state laws that exempt them from registering as lobbyists.
If passed, the amendment would represent a significant shift in the way lobbying is conducted in Texas, with potential implications for the influence of special interests in state politics.
The First Amendments: Constitutional Drafting History
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Protecting women's privacy in sex-segregated spaces
In Texas, the "Protecting Women's Privacy in Sex-Segregated Spaces" issue falls under Gov. Greg Abbott's special session topic. The Texas Women's Privacy Act, or House Bill 32, was introduced by Rep. Valoree Swanson and addresses the use of sex-segregated "multiple-occupancy private spaces" by transgender individuals. The bill requires that people use facilities that align with their sex assigned at birth in government buildings, public schools, jails, prisons, and other settings like locker rooms, showers, and women's shelters. It empowers the Texas Attorney General to investigate and fine political subdivisions for violations, but not individuals.
The bill has sparked controversy, with advocates for transgender Texans holding rallies and press conferences in opposition. They argue that it would create an unenforceable ban on transgender women's access to restrooms and shelters, infringing on the rights of transgender individuals.
On the other hand, supporters of the bill, like Sen. Mayes Middleton, emphasize safety and privacy concerns. They believe that women's rights and privacy in shared spaces need to be protected and prioritized.
The Texas Women's Privacy Act has significant implications for transgender Texans and has been the subject of intense debate. While it aims to protect women's privacy, it also raises questions about the rights and inclusion of transgender individuals in public spaces.
Texans will have the opportunity to vote on amendments to the Texas Constitution as part of the November 7 Election, and it remains to be seen whether this specific issue will be directly addressed through these amendments or through future legislation.
Amendment X: States' Rights and Powers Reserved to the People
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Frequently asked questions
Texans vote on constitutional amendments in odd-numbered years, with most amendments having been referred to ballots in these years. Between 1995 and 2022, 175 out of 179 (97.8%) statewide ballot measures appeared on odd-numbered-year ballots.
Texans typically vote on constitutional amendments in November. For example, Texans will vote on 14 proposed amendments on November 7.
The highest turnout for an odd-numbered year election during this period was 26% in 1991 when voters decided on 13 constitutional amendments.
Texans have voted on a range of constitutional amendments, including:
- An amendment to prohibit the imposition of a tax on capital gains
- An amendment to increase the school property tax exemption for elderly and disabled homeowners
- An amendment to authorize judges to deny bail to individuals charged with certain serious felonies
- An amendment to exempt animal feed held for retail sale from local property taxes
