AUSTIN, TEXAS – October 28, 2009 – The Executive Committee of the Libertarian Party of Texas met by teleconference last night to vote on formal positions for the proposed amendments to the Texas Constitution on the ballot this Tuesday.

"The purpose of a Constitution is to limit the power of government, not find more ways to intrude further into our lives and wallets," said Texas Libertarian Chair Patrick Dixon.

Perhaps the most controversial of the proposed amendments was Proposition 11, regulating the use of eminent domain.

"On Prop 11 we had a lengthy debate.  We realize the growing threat on private property rights and are hopeful for beneficial reforms, but we did not find consensus on whether Prop 11 provides desirable benefits."

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Proposition 1

(HJR 132)

HJR 132 would amend the constitution to authorize the legislature to allow a municipality or a county to issue bonds and notes to finance the purchase of buffer areas or open spaces adjacent to military installations. The buffer areas would be used to prevent encroachment or to construct roadways utilities, or other infrastructure to protect or promote the mission of the military installation. The municipality or county may pledge increases in ad valorem tax revenues for repayment of the bonds or notes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the financing, including through tax increment financing, of the acquisition by municipalities and counties of buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or for the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation."

RECOMMENDATION:    NO

RATIONALE: The measure would increase municipal or county spending and taxes.

Proposition 2

(HJR 36 - #1)

HJR 36 would amend the constitution to authorize the legislature to provide for the taxation of a residence homestead solely on the basis of the property's value as a residence homestead, regardless of whether the property may have a higher value if it were used for other purposes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property’s value as a residence homestead."

RECOMMENDATION:    YES

RATIONALE: This amendment promotes property tax fairness.  It provides that residences will be taxed on the basis of their actual use regardless of whether that is perceived to be the highest and best use of the property by government officials.

Proposition 3

(HJR 36-3)

This proposed constitutional amendment authorizes the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property's value as a residence homestead; authorizes the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations; and authorizes the legislature to provide for the administration and enforcement of uniform standards and procedures for appraisal of property for ad valorem tax purposes.

The Libertarian Party of Texas voted to not take a position on this proposed amendment. 

Proposition 4

(HJR 14 - #2)

HJR 14 would amend the constitution to establish the national research university fund to provide a source of funding that will enable emerging research universities in this state to develop into major research universities. The amendment would require the legislature to dedicate state revenue to the fund and to transfer the balance of the existing higher education fund to the national research university fund. This amendment would further require the legislature to establish the criteria by which a state university may become eligible to receive and use distributions from the fund.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment establishing the national research university fund to enable emerging research universities in this state to achieve national prominence as major research universities and transferring the balance of the higher education fund to the national research university fund."

RECOMMENDATION:    NO

RATIONALE: This amendment allows the creation of another state government “slush” fund, providing further opportunities for corruption and misuse, and increasing state spending and taxes.

Proposition 5

(HJR 36-2)

HJR 36-2 is a constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property's value as a residence homestead; authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations; and authorizing the legislature to provide for the administration and enforcement of uniform standards and procedures for appraisal of property for ad valorem tax purposes.

The proposed amendment would appear on the ballot as follows:  "The constitutional amendment authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations."

The Libertarian Party of Texas voted to not take a position on this proposed amendment.

Proposition 6

(HJR 116)

HJR 116 would amend the constitution to authorize the Veterans' Land Board to issue general obligation bonds, subject to certain constitutional limits, for the purpose of selling land and providing home or land mortgage loans to veterans of the state.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the Veterans ’ Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized."

RECOMMENDATION:    NO

RATIONALE: The measure provides special land deals and loans for one class of citizen – the veteran – at the expense of higher taxes for all of the citizens of this state.

Proposition 7

(HJR 127)

HJR 127 would allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices.  (Includes becoming a candidate and running for elected office.)

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices."

RECOMMENDATION:    YES

RATIONALE:  All qualified residents of Texas should be allowed an equal opportunity to serve as an elected or appointed civil official.

Proposition 8

(HJR 7)

HJR 7 would amend the constitution to authorize the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veterans’ hospitals in this state.

The proposed amendment would appear on the ballot as follows: “The constitutional amendment authorizing the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veterans hospitals in this state.”

RECOMMENDATION:    NO

RATIONALE: This measure will increase state expenses and ultimately state taxes, while providing special benefits for only a small group of citizens.   Further, the obligation for national defense, including care for veterans, is a national one, not a state one.

Proposition 9

(HJR 102)

Currently, the Texas Natural Resources Code provides for the public's right to free and unrestricted access to state-owned beaches along the Gulf Coast.  HJR 102 would make this state law a right listed in the Texas Constitution.

The proposed amendment would appear on the ballot as follows:  "The constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward shore of the Gulf of Mexico."

The Libertarian Party of Texas voted to not take a position on this proposed amendment.

Proposition 10

(HJR 85)

 H.J.R. 85 proposes a constitutional amendment to allow the legislature to provide for members of a governing board of an emergency services district to serve terms not to exceed four years.

H.B. 2653, 80th Legislature, Regular Session, 2007, changed the governing body of an emergency service district in Harris County from an appointed board to an elected board. Under the current structure, board commissioner elections must be held every year in keeping with the staggered seat assignments for the district boards.  There was discussion when H.B. 2653 was being debated about changing the terms of office for the boards from two-year terms to four-year terms. Under Section 30, Article XVI, Texas Constitution, the duration of all public terms of office is two years unless otherwise provided in the constitution. The district board commissioners currently serve two-year terms.

The proposed amendment would appear on the ballot as follows:  "The constitutional amendment to provide that elected members of the governing boards of emergency services districts may serve terms not to exceed four years."

RECOMMENDATION:    NO

RATIONALE:  The current system of one-year staggered elections provides for more public input on a serious local matter.

Proposition 11

(HJR 14-1)

HJR 14-1 seeks to prohibit eminent domain for private use, but the awkward wording grants eminent domain authority to un-named private entities authorized by the Texas Legislature.

The proposed amendment would appear on the ballot as follows:  "The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature's authority to grant the power of eminent domain to an entity."

The Libertarian Party of Texas could not reach a consensus on this proposed amendment.