Libertarian Positions on November Ballot Measures in Texas

Texas voters will go to the polls (or at least, about 15% of them based on historical data) on November 7 to cast ballots on 14 proposed amendments to the Texas Constitution. Early voting is from October 23 to November 3. The Libertarian Party of Texas (LPTexas) has taken official positions on all the propositions, by a vote of the governing board, the State Libertarian Executive Committee (SLEC). The party position is normally taken based on our positions on issues as outlined in the party platform.

Prop. 1 – YES
Protects the right to engage in farming, ranching, timber production, horticulture, and wildlife management. Enumerates the right to agriculture. Does little to prevent regulation on a state level and from administrative agencies but does limit some encroachment from municipalities by raising standards to be clear and convincing.

Prop. 2 – YES
Authorizes 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. Would provide authority for the legislature to pass tax exemptions for child-care facilities. It would also allow the legislature to define a childcare facility for the purpose of the tax exemption.

Prop. 3 – YES
Prohibits the imposition of an individual wealth or net worth tax, including a tax on the difference between the assets and liabilities of an individual or family. This is a ban on any hypothetical wealth tax and would prohibit the legislature from ever passing such a tax based on either wealth or net worth unless this amendment were repealed in the future.

Prop. 4 – YES
Increases the homestead tax exemption from $40,000 to $100,000. Self-explanatory, but again is limited only to homesteads, and places an appraisal cap on non-homesteads of 120% and allows legislature to use “tax compression” to offset school district collections.

Prop. 5 – NO
Relates to the Texas University Fund, which provides funding to certain institutions of higher education to achieve national prominence as major research universities and drive the state economy. The money in NRUF comes from a state-owned fund that receives revenue from oil and gas royalties. The NRUF was created in 2009 to provide funding for research at universities aspiring to achieve national prominence. Texas State University, Texas Tech University, the University of Houston; and the University of North Texas are eligible beneficiaries.

Prop. 6 – NO
Creates the Texas Water Fund to assist in financing water projects in this state. The Water Fund would be money allocated by the legislature. Money appropriated by the legislature to the fund would be excluded from the appropriation limit. This fund would be used for water infrastructure projects throughout Texas.

Prop. 7 – NO
Provides for the creation of the Texas Energy Fund to support the construction, maintenance, modernization, and operation of electric generating facilities. The Energy Fund would be money allocated by the legislature. Money appropriated by the legislature to the fund would be excluded from the appropriation limit. This fund could be used for loans to utility companies for dispatchable generation capacity.

Prop. 8 – NO
Creates the Broadband Infrastructure Fund to expand high-speed broadband access and assist in the financing of connectivity projects. The Broadband Fund would be money allocated by the legislature. Money appropriated by the legislature to the fund would be excluded from the appropriation limit. This fund could be used for telecommunications projects in Texas.

Prop. 9 – NO
Provides a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas. Would allow the legislature through SB10 to provide a one time COLA adjustment that would come from the General Fund and is estimated to cost $3.4 billion. The TRS was established in 1937 and is essentially social security for Texas educators.

Prop. 10 – YES
Authorizes the legislature to exempt from ad valorem taxation equipment or inventory held by a manufacturer of medical or biomedical products to protect the Texas healthcare network and strengthen our medical supply chain. Enables legislation passed in SB 2289 which provides specific exemption carve outs for medical supplies and prohibits those from computation in any ad valorem tax scheme such as sales or property taxes.

Prop. 11 – NO
Authorizes the legislature to permit 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. This allows for government bonds to be issued and repaid from property taxes for the purpose of funding parks and rec in El Paso. Currently the Constitution only allows this in Bexar, Bastrop, Waller, Travis, Williamson, Harris, Galveston, Brazoria, Fort Bend, Montgomery, and Tarrant County. This would amend the constitution to add El Paso to the list.

Prop. 12 – YES
Provides for the abolition of the office of county treasurer in Galveston County. County treasurers are elected officials who merely distribute county funds at the direction of the county commissioner’s court and have little discretion themselves. This would allow Galveston to delegate the duties of county treasurer.

Prop. 13 – YES
Increases the mandatory age of retirement for state justices and judges. Currently the age limit for state judges is 75, this would raise it to 79. It would also increase the minimum retirement age from 70 to 75.

Prop. 14 – NO
Provides for the creation of the Centennial Parks Conservation Fund to be used for the creation and improvement of state parks. The Parks Fund would be money allocated by the legislature. Money appropriated by the legislature to the fund would be excluded from the appropriation limit. This fund could be used for state park projects in Texas.