Simone Lawson
Texas held a constitutional amendment election on November 7, 2023, where voters decided on 14 proposed amendments to the Texas Constitution. Texans voted on various issues, including property tax breaks, the right to farm, and the creation of dedicated funds for energy and broadband infrastructure. The Texas Constitution is the foundation of the state's legal system, and these amendments are proposed to address specific issues and concerns of the state's residents. While Texas' constitutional amendment elections have historically had low voter turnout, the decisions made during these elections can significantly impact the lives of Texans and shape the state's future.
| Characteristics | Values |
|---|---|
| Date of the 2023 Texas constitutional amendment election | November 7, 2023 |
| Number of proposed amendments to the Texas Constitution | 14 |
| Example amendment topics | Right to farm, broadband access, retirement age for state justices and judges, property taxes |
| Turnout | 7.05% |
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What You'll Learn
Texas constitutional amendment election date
Texas holds constitutional amendment elections every year, with the next one scheduled for November 7, 2023. Texans will vote on 14 proposed amendments to the Texas Constitution, which include propositions regarding property tax breaks, the right to farm, and expanding broadband access. Early voting began on October 23 and ended on November 3.
Proposition 1 seeks to protect the right to engage in farming, ranching, timber production, horticulture, and wildlife management. This proposition was supported by agricultural advocacy groups, who argued that existing "right to farm" laws in Texas could be strengthened by a constitutionally guaranteed right. However, critics worried that a constitutional amendment would make it harder for lawmakers to change state farming laws in the future if needed.
Proposition 7 aims to create the Texas energy fund to finance projects for improving electric generating facilities. This fund would be separate from the general revenue fund and only support natural gas facilities, excluding wind and solar projects.
Proposition 8 proposes the creation of a broadband infrastructure fund to expand high-speed broadband access and assist in financing connectivity projects across Texas.
Other propositions on the ballot include increasing the mandatory retirement age for state justices and judges (Proposition 13), providing a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas (Proposition 9), and exempting manufacturers of medical or biomedical products from property taxes to strengthen the state's medical supply chain (Proposition 10).
Texas' constitutional amendment elections typically have low voter turnout due to the lack of partisan issues, divisive topics, or high-profile races on the ballot. However, these elections address important issues that can significantly impact the day-to-day lives of Texans.
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Ballot order
The Texas constitutional amendment election took place on November 7, 2023. Texans voted on 14 proposed amendments to the Texas Constitution, from questions about property tax breaks to expanding broadband access. The ballot order was drawn by Deputy Secretary of State Joe Esparza.
The ballot order for the propositions was as follows:
- Proposition 1 – "The constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management."
- Proposition 2 – "The constitutional amendment authorizing a local option exemption from ad valorem taxation by a county or municipality of all or part of the appraised value of real property used to operate a child-care facility."
- Proposition 3 – "The constitutional amendment prohibiting the imposition of a wealth tax."
- Proposition 4 – "The constitutional amendment making changes to property tax calculation, including an increase in the homestead exemption from school property taxes from $40,000 to $100,000, and adding voter-elected members to larger county appraisal districts."
- Proposition 5 – "The constitutional amendment creating the Texas University Fund to provide dedicated funding for universities that are not part of the University of Texas System or the Texas A&M University System but have achieved national prominence as research universities."
- Proposition 6 – "The constitutional amendment creating a new dedicated water fund to assist in various water projects."
- Proposition 7 – "The constitutional amendment providing for the creation of the Texas energy fund to support the construction, maintenance, modernization, and operation of electric generating facilities."
- Proposition 8 – "The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects."
- Proposition 9 – "The constitutional amendment authorizing the 88th Legislature to provide a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas."
- Proposition 10 – "The constitutional amendment providing an exemption from property taxes for equipment or inventory held by a manufacturer of medical or biomedical products to protect the Texas healthcare network and strengthen our medical supply chain."
- Proposition 11 – "The constitutional amendment permitting conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes to fund the development and maintenance of parks and recreational facilities."
- Proposition 12 – "The constitutional amendment abolishing the office of County Treasurer in Galveston County, requiring approval by a majority of voters statewide and within Galveston County."
- Proposition 13 – "The constitutional amendment to increase the mandatory age of retirement for state justices and judges."
- Proposition 14 – Unknown.
The ballot order is important as it can influence how people vote, with the first and last positions on the ballot often receiving more votes, a phenomenon known as the "primacy and recency effects".
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Right to farm
Texas Proposition 1, also known as the Right to Farm and Ranch Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023. The ballot measure was approved.
Proposition 1 added a new section to Article I of the state constitution to establish a right to farming, ranching, timber production, horticulture, and wildlife management on owned or leased personal property. The amendment states that the right does not preclude the state legislature from passing laws to regulate farming, ranching, timber production, horticulture, or wildlife management practices to protect public health and safety, prevent danger to animals or crop production, or preserve the natural resources of the state.
The amendment also ensures that farmers and ranchers will protect the public safety, animal welfare, and the environment. It does not, however, allow someone to engage in practices that could jeopardize agriculture. The amendment also ensures the state can prevent animal cruelty.
The constitutional amendment is different from the Right to Farm statute that was passed into law by the Texas Legislature and is found in the Texas Agriculture Code. The amendment, if passed by voters, would add the HJR 126 language to the Texas Constitution, making it difficult for future legislatures to change the right to farm in the state.
The amendment's language has been criticized as being too broad and setting standards that could prevent local governments, state agencies, and future state legislatures from taking action against operations that harm their neighbors and communities.
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Texas energy fund
Texans will vote on 14 proposed amendments to the Texas Constitution as part of the November 7 Election. Proposition 7, SJR 93, is one of these proposed amendments and is concerned with the creation of the Texas Energy Fund.
The Texas Energy Fund (TEF) is intended to support the construction, maintenance, modernisation, and operation of electric-generating facilities. The first TEF loan has been allocated to a 122 MW natural gas facility in Colorado County, approximately 10 miles south of Columbus. The facility will interconnect with the South Texas Electric Cooperative Rock Island substation in the ERCOT South Load Zone, which is adjacent to one of the largest electricity demand centres in Texas, serving Houston, Pasadena, and the Woodlands.
The loan agreement was made between the PUC and KPUB, with total project costs not to exceed $175 million. The PUC is providing a 20-year TEF loan of up to $105 million at a 3% interest rate. This is the first loan finalised under the TEF’s In-ERCOT Generation Loan Program, which provides low-interest loans for projects that add new, dispatchable power to the ERCOT region.
Mike Wittler, KPUB General Manager & CEO, commented that the funding would help to shield ratepayers from future market volatility and enhance grid reliability for Texans.
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Mandatory retirement age
Texas held a constitutional amendment election on November 7, 2023, where voters decided on 14 proposed amendments to the Texas Constitution. One of these propositions, Proposition 13, pertained to the mandatory retirement age for state justices and judges.
Current Mandatory Retirement Age for State Justices and Judges in Texas
Currently, the Texas Constitution mandates that justices and judges of appellate courts, district courts, and criminal district courts retire after completing the elected term during which they turn 75 years old. The minimum retirement age is set at 70.
Proposition 13: Proposed Changes to the Mandatory Retirement Age
Proposition 13 aimed to increase the mandatory retirement age for justices and judges of appellate, district, and criminal district courts to 79. The minimum retirement age would also be raised to 75.
Arguments in Support of Proposition 13
Supporters of Proposition 13 argued that humans are living longer and healthier lives, and the current mandatory retirement age could cause the state judiciary to lose out on decades of valuable experience.
Election Results for Proposition 13
Proposition 13 was the only proposition out of the 14 proposed amendments that did not pass in the November 7, 2023, election.
Impact of Low Voter Turnout on Texas Constitutional Amendment Elections
Texas constitutional amendment elections historically have low voter turnout, which can impact the outcome of these elections. The absence of hyper-partisan ballot items or sensational races can make it challenging to drive voter engagement in these elections. However, Texas communities are attempting to address this issue by making strategic changes to their key election cycles.
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Frequently asked questions
Texas holds constitutional amendment elections on the first Tuesday after the first Monday in November. The last one was on November 7, 2023.
Constitutional amendment elections are not held regularly, but they can be called when there are proposed amendments to the Texas Constitution.
There were 14 proposed amendments in the 2023 election, ranging from property tax breaks to the creation of a Texas energy fund.
Early voting began on October 23 and ended on November 3. Texans voted on Election Day, November 7, and 13 out of 14 propositions passed.
