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Propositions on the Nov. 6 ballot Avalanche staff Texans will go to the polls Nov. 6 to vote on 16 constitutional amendments. Early voting began Oct. 22, and continues through Friday, Nov. 2. On election day, polls will be open from 7 a.m. to 7 p.m. What follows is a guide to the 16 propositions. The ballot language, an explanation plus pros and cons are offered for each. This guide was furnished by the League of Women Voters of Texas. This week, we will profile the first 10 propositions. In next week's edition of the Avalanche, we will profile the final six propositions. Proposition 1 Ballot language: The constitutional amendment providing for the continuation of the constitutional appropriation for facilities and other capital items at Angelo State University on a change in the governance of the university. Explanation: Currently the Texas Constitution lists Angelo State University (ASU) in San Angelo as a component of the Texas State University System (TSUS), which also includes Texas State University-San Marcos, Lamar University, Sam Houston State University and Sul Ross State University. Funding from the state of Texas is based on that determination. The 2007 Texas Legislature passed legislation for Angelo State University to change its status and become a part of the Texas Tech University System. Arguments for: The transfer of ASU from TSUS to TTUS would expand educational opportunities and offer more financial resources for ASU; being a part of the TTUS would give ASU a stronger regional presence and would significantly boost student enrollment. Proposition 2 Ballot language: The constitutional amendment providing for the issuance of $500 million in general obligation bonds to finance educational loans to students and authorizing bond enhancement agreements with respect to general obligation bonds issued for that purpose. Explanation: Would authorize the Legislature to allow the Texas Higher Education Coordinating Board to issue up to $500 million in general obligation bonds for college and university students to use for their education. The currently authorized amount of $400 million will be exhausted by 2009. This amendment would increase the currently authorized amount of $400 million by $100 million to help finance the student loans. Arguments for: Students will find higher education more affordable because this totally self-supporting loan program provides reliable funds at more favorable rates than most other sources. Arguments against: Even though this is a self-supporting program, the state backs the bonds and is responsible for repayment if interest revenue is not sufficient; students should always be concerned about the danger of borrowing large amounts of money. Student loans could contribute significantly to too much overall debt. Proposition 3 Ballot language: Constitutional amendment authorizing the Legislature to provide that the maximum appraised value of a residence homestead for ad valorem taxation is limited to the lesser of the most recent market value of the residence homestead as determined by the appraisal entity or 110 percent, or a greater percentage, of the appraised value of the residence homestead for the preceding tax year. Explanation: Current law limits the rate at which a homestead can increase in value for tax purposes to a maximum of 10 percent of the property's previous appraised value for each tax year since the last appraisal. However, a homeowner who has not had a reappraisal in several years can experience a substantially increased assessed value. Proposition 3 provides the Legislature with the authority to limit the maximum increase in appraised value of a homestead to 10 percent in a tax year regardless of how long has passed since the last reappraisal. Arguments for: Would align the language in the Texas Constitution with the intent of the Legislature when it approved the 10 percent cap on increases in homestead appraisal valuations in 1997: would eliminate "sticker shock" while ensuring that all taxpayers are treated equitably and would create a more comprehensible property tax system. Arguments against: Rather than protecting taxpayers from unplanned tax increases, this provision would encourage taxing authorities to reappraise more frequently and to routinely increase the tax amount by the maximum amount (10 percent) with each appraisal; unnecessary because most of the large districts in which property values increase at the greatest rates already appraise properties on an annual basis. Smaller appraisal districts trying to appraise property more frequently would incur additional administrative costs which might not be offset by the increase in tax revenue. Proposition 4 Ballot language: The constitutional amendment authorizing the issuance of up to $1 billion in bonds payable from the general revenues of the state for maintenance, improvement, repair and construction projects and for the purchase of needed equipment. Explanation: The state needs funding for a number of maintenance, improvement, repair and construction projects, and for the purchase of needed equipment. This proposition would authorize the Texas Public Finance Authority to issue up to $1 billion in general obligation bonds. The proceeds of the sale of these bonds would be used for projects that have been authorized by the Legislature in the Appropriations Act. Some projects include deferred maintenance and asbestos abatement in state buildings; repair and renovation to mental health schools and hospitals, and to Camp Mabry, the headquarters of the Texas State Guard and the Texas Air National Guard, and 14 regional readiness centers (armories); construction of up to three new high security prisons if needed; new construction at existing Texas Youth Commission facilities and for one new facility; and repairs for state parks and the Battleship Texas. Arguments for: Putting off maintenance, repairs and renovations can result in still greater expense. It is wise to use the proceeds from the sale of bonds to take care of these needs on a more timely basis. The facilities to be repaired and renovated by the passage of this proposition and its enabling legislation are in poor condition and need immediate attention; using bond issues to fund these projects allows the state to pay for the cost over an extended period. This approach is fiscally prudent and places a small burden on the state's taxpayers. Arguments against: The state should rely more on a "pay as you go" policy. When agencies know they can expect help from state bonds, they tend to give maintenance a low priority; this amendment would give too much leeway to the Legislature and state agencies to decide how the money raised from these bonds would be spent. Proposition 5 Ballot language: The constitutional amendment authorizing the Legislature to permit the voters of a municipality having a population of less than 10,000 to authorize the governing body of the municipality to enter into an agreement with an owner of real property in or adjacent to an area in the municipality that has been approved for funding under certain programs administered by the Texas Department of Agriculture under which the parties agree that all ad valorem taxes imposed on the owner's property may not be increased for the first five tax years after the tax year in which the agreement is entered into. Explanation: The Texas Department of Agriculture has two programs which towns may use to revitalize their main streets: the Main Street Revitalization Improvement Program and Downtown Revitalization Program. These programs offer communities the ability to improve infrastructure to revitalize a downtown area and to encourage tourism. This amendment would allow certain small communities participating in the Main Street or Downtown Revitalization programs to conduct a vote of its residents to freeze property taxes in the downtown area for a period of five years or until the property is sold. Arguments for: Would provide small communities a way to create incentives for property owners to improve downtown buildings by freezing their tax burden; could give smaller communities a taxing tool that they currently do not have. A temporary freeze of the appraised value would provide a property owner the relief needed to invest realized savings into revitalization efforts. Arguments against: Property owners would receive the benefit from tax dollars used to improve infrastructure, and they should be required to pay any resulting increases in the value of their land; since this bill could reduce the tax burden for some property owners, it could shift the burden to other taxpayers. Proposition 6 Ballot language: Exempt from ad valorem taxation one motor vehicle owned by an individual and used in the course of the owner's occupation or profession and also for personal activities of the owner. Explanation: Passage of this amendment would eliminate the requirement that individuals who use personal vehicles for business purposes must pay ad valorem taxes on those vehicles. One motor vehicle owned by an individual would be exempt if it was used in the individual's occupation or profession and also used for personal activities that did not involve the production of income. Arguments for: The amendment would benefit realtors, farmers and other small business owners and contractors who operate personal vehicles dually for commercial purposes; the Legislature has not shown a desire to tax property used for personal purposes in the past, and this amendment would clarify state law in that regard. Arguments against: Vehicles exempted under this proposed amendment should be taxable and treated as any other personal property that generates income. Proposition 7 Ballot language: Would allow governmental entities to sell property acquired through eminent domain back to the previous owners at the price the entities paid to acquire the property. Explanation: Currently, if a governmental entity acquires a private real property interest through eminent domain but the public use for which the property interest was acquired is canceled before the 10th anniversary of the date of acquisition, then the previous owner is entitled to repurchase the property interest for its fair market value at the time the public use was canceled. Proposition 7 would amend the Texas Constitution to authorize, under certain conditions, a governmental entity to sell back real property acquired through eminent domain to the original owner (or to the person's heirs, successors or assigns.) This could be done at any time and at the price the entity paid to acquire the property from the original owner. Arguments for: Property owners subject to the taking of their land that wrongfully resulted in cancelled, absent, or unnecessary public uses would be the only ones eligible for restitution under this proposition: Condemning authorities would be strongly discouraged from acquiring land through eminent domain for which there were no immediate plans. Takings completed on speculative basis can deprive current owners of the future value of their property. Proposition 7 would establish an important safeguard against the excessive and reckless use of eminent domain. Arguments against: State and federal law already require that the owner be fairly compensated for property when eminent domain is exercised. If the owner has made a profit from investing money from the original sale, then is allowed to repurchase the land at the original price he will have used public money for personal financial gain; this amendment is unfair to those citizens who sell their property through eminent domain proceedings and are not able to repurchase it. A former owner who repurchases property at the acquisition value does not pay property taxes, maintenance expenses or other costs associated with property ownership during the period it is held by the governmental entity. Proposition 8 Ballot language: Would clarify certain provisions relating to the making of a home equity loan and use of home equity loan proceeds. Explanation: In 1997, Texas voters approved a constitutional amendment to allow home equity loans. In 2003 another amendment was passed to allow home equity lines of credit. Since the passage of these laws, there has been disagreement, sometimes resulting in lawsuits, about interpretation of the enabling legislation for these amendments. Proposition 8 offers clarification about several provisions of this legislation and tries to offer protections to both borrowers and lenders. For example, Proposition 8 requires that the lender must provide the borrower with copies of both the loan application and all executed final loan documents. It includes a special provision for homeowners holding home equity loans who have a homestead in an area declared a disaster area. Other provisions clarify the use of unsolicited pre-printed checks and prohibit borrowers from rolling unsecured debt into a secured home equity loan. Arguments for: Allows homeowners whose homesteads lie in an area included in a declaration of emergency to obtain a second home equity loan within a one-year period; protects the homeowner from assuming too much debt by limiting uses of the money obtained through a home equity loan. Arguments against: Does not address special fees which are often charged by lenders. Many lenders currently exclude origination and other fees from the legislated 3 percent fee cap on these loans, so borrowers are often subjected to excessive charges. Proposition 9 Ballot language: The constitutional amendment authorizing the Legislature to exempt all or part of the residence homesteads of certain totally disabled veterans from ad valorem taxation and authorizing a change in the manner of determining the amount of the existing exemption from ad valorem taxation to which a disabled veteran is entitled. Explanation: VA disability ratings are determined by the U.S. Department of Veterans Affairs. At present under state law, veterans with total disability can receive ad valorem tax exemptions of up to $12,000 on their homestead property. This means that the appraised value of their property is reduced by $12,000 before the tax rate is applied. In addition a totally disabled veteran is eligible for a property tax freeze. This proposed amendment would authorize the Legislature to exempt up to 100 percent of the ad valorem taxes on the homestead property of veterans with 100 percent or total disability resulting from military service. It would also apply to the surviving spouse and to surviving minor children. The proposition also authorizes a more equitable sliding scale of ad valorem tax exemptions for veterans certified as partially disabled. Arguments for: With little or no ability to earn a living, totally disabled veterans could have great difficulty with the tax burden caused by increasing property values. A 100 percent exemption would help totally disabled veterans keep their homes; the state should do everything it can to assist totally disabled veterans who have done so much for our country. Arguments against: This amendment would have a significant effect on resources available to tax districts because of the rising numbers of veterans receiving total disability certification as a result of their military service; totally disabled veterans already receive both a $12,000 property appraisal credit and have their ad valorem taxes frozen, so they do not experience an increase in taxes as their property appreciates in value. Proposition 10 Ballot language: The constitutional amendment to abolish the constitutional authority for the office of inspector of hides and animals. Explanation: The now-obsolete office of inspector of hides and animals was established in 1871. Lady Bucks in playoffs; first game is Tuesday The Alpine Lady Bucks volleyball team will play Denver City in the Although the Alpine City Council awarded a multimillion-dollar contract to Odessa's Key Enterprises more than three weeks ago to fix the city's water distribution problems, the bidding process continues to create talk. Avalanche staff Propositions on the Nov. 6 ballot Avalanche staff ROCKSPRINGS - It isn't every day one sees crusty ranchmen wiping tears off their faces. Last Saturday was an exception. |