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Category:Amendments 2023: Difference between revisions

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Category:Amendments 2023 (view source)

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===1. HJR 2 88(2)===
===1. HJR 2 88(2)===


... amend ''Article XIII, Section 1''
... amend ''Article VIII, Section 1''


As amended November 7, 2023:
As amended November 7, 2023:
Line 13: Line 13:
'''(n-1) This subsection and Subsection (n) of this section expire December 31, 2026.'''
'''(n-1) This subsection and Subsection (n) of this section expire December 31, 2026.'''


... amend ''Article XIII, Section 1-b''
... amend ''Article VIII, Section 1-b''


As amended November 7, 2023:
As amended November 7, 2023:
Line 23: Line 23:
Note that the changes made to this section on November 7, 2023 take effect for the tax year beginning January 1, 2023.
Note that the changes made to this section on November 7, 2023 take effect for the tax year beginning January 1, 2023.


... amend ''Article XIII, Section 22''
... amend ''Article VIII, Section 22''


As amended November 7, 2023:
As amended November 7, 2023:
Line 36: Line 36:


'''(e) The Legislature by general law may provide that members of the governing body of an appraisal entity established in a county with a population of 75,000 or more serve terms not to exceed four years.'''
'''(e) The Legislature by general law may provide that members of the governing body of an appraisal entity established in a county with a population of 75,000 or more serve terms not to exceed four years.'''
NUMBER 4 (HJR 2) THE CONSTITUTIONAL AMENDMENT TO AUTHORIZE THE LEGISLATURE TO ESTABLISH A TEMPORARY LIMIT ON THE MAXIMUM APPRAISED VALUE OF REAL PROPERTY OTHER THAN A RESIDENCE HOMESTEAD FOR AD VALOREM TAX PURPOSES; TO INCREASE THE AMOUNT OF THE EXEMPTION FROM AD VALOREM TAXATION BY A SCHOOL DISTRICT APPLICABLE TO RESIDENCE HOMESTEADS FROM $40,000 TO $100,000; TO ADJUST THE AMOUNT OF THE LIMITATION ON SCHOOL DISTRICT AD VALOREM TAXES IMPOSED ON THE RESIDENCE HOMESTEADS OF THE ELDERLY OR DISABLED TO REFLECT INCREASES IN CERTAIN EXEMPTION AMOUNTS; TO EXCEPT CERTAIN APPROPRIATIONS TO PAY FOR AD VALOREM TAX RELIEF FROM THE CONSTITUTIONAL LIMITATION ON THE RATE OF GROWTH OF APPROPRIATIONS; AND TO AUTHORIZE THE LEGISLATURE TO PROVIDE FOR A FOUR-YEAR TERM OF OFFICE FOR A MEMBER OF THE BOARD OF DIRECTORS OF CERTAIN APPRAISAL DISTRICTS.
83.43% in favor


===2. HJR 2===
===2. HJR 2===
Line 49: Line 53:
'''(c) This section expires September 1, 2025.'''
'''(c) This section expires September 1, 2025.'''


===3. HJR 3===
NUMBER 9 (HJR 2) THE CONSTITUTIONAL AMENDMENT AUTHORIZING THE 88TH LEGISLATURE TO PROVIDE A COST-OF-LIVING ADJUSTMENT TO CERTAIN ANNUITANTS OF THE TEACHER RETIREMENT SYSTEM OF TEXAS.


... amend ''Article III, Section 49-g''
83.73% in favor


As amended November 7, 2023:
===3. HJR 3===


'''(p) On the first business day occurring on or after the 90th day of each state fiscal year, an amount equal to the interest income, dividends, and investment earnings attributable to the economic stabilization fund for the preceding state fiscal year, not to exceed the amount determined under Subsection (q) of this section, is appropriated from the economic stabilization fund to the comptroller of public accounts for the purpose of immediate deposit to the credit of the Texas University Fund. For purposes of this subsection, the amount of interest income, dividends, and investment earnings attributable to the economic stabilization fund for a state fiscal year is computed by: (1) determining the amount of interest and dividends due to the fund for that fiscal year, including any interest credited to general revenue under Subsection (i) of this section; (2) adding to the amount determined under Subdivision (1) of this subsection an amount equal to the increase, if any, in the fair market value of the fund between the last day of that fiscal year and the last day of the preceding state fiscal year; and (3) subtracting from the amount determined under Subdivision (2) of this subsection the amount of any expenses of managing the investments of money in the fund that are paid from the fund during that fiscal year.'''
... amend ''Article III, Section 49-g'' (moved to talk page)
 
'''(q) The amount of the appropriation made under Subsection (p) of this section may not exceed: (1) for the state fiscal year beginning September 1, 2023, $100 million; or (2) for a state fiscal year beginning on or after September 1, 2024, the amount determined under this subsection for the preceding state fiscal year adjusted by the increase, if any, in the general price level during the preceding state fiscal year, as determined by the comptroller of public accounts on the basis of changes in the consumer price index published by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency and not to exceed two percent per state fiscal year.'''


... amend ''Article VII, Section 20''
... amend ''Article VII, Section 20''
Line 68: Line 70:


'''(i) For purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution: (1) money in the fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund is treated as if it were an appropriation of revenues dedicated by this constitution.'''
'''(i) For purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution: (1) money in the fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund is treated as if it were an appropriation of revenues dedicated by this constitution.'''
NUMBER 5 (HJR 3) THE CONSTITUTIONAL AMENDMENT RELATING 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.
64.35% in favor


===4. HJR 107===
===4. HJR 107===
Line 77: Line 83:
'''(1) Subject to the further provisions of this Section, the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The office of every such Justice and Judge shall become vacant on the expiration of the term during which the incumbent reaches the age of 79 years or such earlier age, not less than 75 years, as the Legislature may prescribe.'''
'''(1) Subject to the further provisions of this Section, the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The office of every such Justice and Judge shall become vacant on the expiration of the term during which the incumbent reaches the age of 79 years or such earlier age, not less than 75 years, as the Legislature may prescribe.'''


===5. HJR 125===
NUMBER 13 (HJR 107) THE CONSTITUTIONAL AMENDMENT TO INCREASE THE MANDATORY AGE OF RETIREMENT FOR STATE JUSTICES AND JUDGES.
 
... add ''Article III, Section 49-d-16'' (use 49-d-14 as model)


Added November 7, 2023:
!!! defeated !!!


''text of Article III, Section 49-d-16 proposed by Acts 2023, 88th Leg., R.S., H.J.R. No. 125''
37.31% in favor


'''(a) In this section: (1) "Comptroller" means the comptroller of public accounts of the State of Texas or its successor. (2) "Fund" means the Broadband Infrastructure Fund.'''
===5. HJR 125===
 
'''(b) The Broadband Infrastructure Fund is created as a special fund in the State Treasury outside the General Revenue Fund.'''
 
'''(c) The fund consists of: (1) money transferred or deposited to the credit of the fund by this constitution, general law, or the general appropriations act; (2) revenue that the Legislature by general law dedicates for deposit to the credit of the fund; (3) investment earnings and interest earned on money in the fund; and (4) gifts, grants, and donations to the fund.'''
 
'''(d) Money in the fund shall be administered by the Comptroller. Money from the fund may be used, without further appropriation, only for the expansion of access to and adoption of broadband and telecommunications services, including: (1) the development, construction, reconstruction, and expansion of broadband and telecommunications infrastructure or services; (2) the operation of broadband and telecommunications infrastructure; (3) the provision of broadband and telecommunications services; and (4) the reasonable expenses of administering and managing the investments of the fund.'''
 
'''(e) The Legislature by general law shall provide for the manner in which the assets of the fund may be used, subject to the limitations of this section. Money in the fund may be used in conjunction with other funds or financial resources, including money from the federal government, in accordance with procedures, standards, and limitations established by federal law and general law of this State.'''


'''(f) The Comptroller may transfer money from the fund to another fund as provided by general law. The state agency that administers the fund to which the money is transferred as authorized by this subsection may use the money without further appropriation only for the expansion of access to and adoption of broadband and telecommunications services as provided by general law.'''
... add ''Article III, Section 49-d-16'' (see page below--used 49-d-14 as model)
 
'''(g) Unless extended by adoption of a concurrent resolution approved by a record vote of two-thirds of the members of each house of the Legislature, this section expires on September 1, 2035. A resolution suspends the expiration of this section until September 1 of the 10th year following the adoption of the resolution.'''
 
'''(h) Immediately before the expiration of this section, the Comptroller shall transfer any unexpended and unobligated balance remaining in the fund to the General Revenue Fund.'''
 
'''(i) For purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution: (1) money in the fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund is treated as if it were an appropriation of revenues dedicated by this constitution.'''


===6. HJR 126===
===6. HJR 126===
Line 114: Line 104:


'''The Legislature may not impose a tax based on the wealth or net worth of an individual or family, including a tax based on the difference between the assets and liabilities of an individual or family.'''
'''The Legislature may not impose a tax based on the wealth or net worth of an individual or family, including a tax based on the difference between the assets and liabilities of an individual or family.'''
NUMBER 3 (HJR 132) THE CONSTITUTIONAL AMENDMENT PROHIBITING 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.
67.88% in favor


===8. HJR 134===
===8. HJR 134===
Line 124: Line 119:


Note that the change made to this section on November 7, 2023 is effective only if a majority of Galveston County voters were in favor of it.
Note that the change made to this section on November 7, 2023 is effective only if a majority of Galveston County voters were in favor of it.
PROPOSITION NUMBER 12 (HJR 134) THE CONSTITUTIONAL AMENDMENT PROVIDING FOR THE ABOLITION OF THE OFFICE OF COUNTY TREASURER IN GALVESTON COUNTY.
52.94% in favor statewide
53.17% in favor county


===9. SJR 32===
===9. SJR 32===
Line 132: Line 133:


'''(c-1) In addition and only as provided by this subsection, the Legislature may authorize conservation and reclamation districts to develop and finance with taxes those types and categories of parks and recreational facilities that were not authorized by this section to be developed and financed with taxes before September 13, 2003. For development of such parks and recreational facilities, the Legislature may authorize indebtedness payable from taxes as may be necessary to provide for improvements and maintenance only for a conservation and reclamation district all or part of which is located in Bexar County, Bastrop County, Waller County, Travis County, Williamson County, Harris County, Galveston County, Brazoria County, Fort Bend County, Montgomery County, or El Paso County, or for the Tarrant Regional Water District, a water control and improvement district located in whole or in part in Tarrant County. All the indebtedness may be evidenced by bonds of the conservation and reclamation district, to be issued under regulations as may be prescribed by law. The Legislature may also authorize the levy and collection within such district of all taxes, equitably distributed, as may be necessary for the payment of the interest and the creation of a sinking fund for the payment of the bonds and for maintenance of and improvements to such parks and recreational facilities. The indebtedness shall be a lien on the property assessed for the payment of the bonds. The Legislature may not authorize the issuance of bonds or provide for indebtedness under this subsection against a conservation and reclamation district unless a proposition is first submitted to the qualified voters of the district and the proposition is adopted. This subsection expands the authority of the Legislature with respect to certain conservation and reclamation districts and is not a limitation on the authority of the Legislature with respect to conservation and reclamation districts and parks and recreational facilities pursuant to this section as that authority existed before September 13, 2003.'''
'''(c-1) In addition and only as provided by this subsection, the Legislature may authorize conservation and reclamation districts to develop and finance with taxes those types and categories of parks and recreational facilities that were not authorized by this section to be developed and financed with taxes before September 13, 2003. For development of such parks and recreational facilities, the Legislature may authorize indebtedness payable from taxes as may be necessary to provide for improvements and maintenance only for a conservation and reclamation district all or part of which is located in Bexar County, Bastrop County, Waller County, Travis County, Williamson County, Harris County, Galveston County, Brazoria County, Fort Bend County, Montgomery County, or El Paso County, or for the Tarrant Regional Water District, a water control and improvement district located in whole or in part in Tarrant County. All the indebtedness may be evidenced by bonds of the conservation and reclamation district, to be issued under regulations as may be prescribed by law. The Legislature may also authorize the levy and collection within such district of all taxes, equitably distributed, as may be necessary for the payment of the interest and the creation of a sinking fund for the payment of the bonds and for maintenance of and improvements to such parks and recreational facilities. The indebtedness shall be a lien on the property assessed for the payment of the bonds. The Legislature may not authorize the issuance of bonds or provide for indebtedness under this subsection against a conservation and reclamation district unless a proposition is first submitted to the qualified voters of the district and the proposition is adopted. This subsection expands the authority of the Legislature with respect to certain conservation and reclamation districts and is not a limitation on the authority of the Legislature with respect to conservation and reclamation districts and parks and recreational facilities pursuant to this section as that authority existed before September 13, 2003.'''
NUMBER 11 (SJR 32) THE CONSTITUTIONAL AMENDMENT AUTHORIZING 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.
63.34% in favor


===10. SJR 64===
===10. SJR 64===
Line 143: Line 148:
Note that this section is numbered 1-r instead of 1-q, which was the next-available number.
Note that this section is numbered 1-r instead of 1-q, which was the next-available number.


===11. SJR 74===
NUMBER 2 (SJR 64) 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.


... add ''Article III, Section 49-e-1''
64.78% in favor


Added November 7, 2023:
===11. SJR 74===


'''(a) The Centennial Parks Conservation Fund is established as a trust fund outside the Treasury. In accordance with general law, the fund may be used only for the creation and improvement of state parks.'''
... add ''Article III, Section 49-e-1'' (see page below)
 
'''(b) The Centennial Parks Conservation Fund consists of: (1) money appropriated, credited, or transferred to the fund by the Legislature; (2) gifts, grants, and donations received by the Parks and Wildlife Department or the department's successor in function for a purpose for which money in the fund may be used under this section; and (3) investment earnings and interest earned on amounts credited to the fund.'''
 
'''(c) The Legislature may appropriate money from the Centennial Parks Conservation Fund to the Parks and Wildlife Department or the department's successor in function for the purposes prescribed for the fund by this section and general law.'''
 
'''(d) For purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution: (1) money in the Centennial Parks Conservation Fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund is treated as if it were an appropriation of revenues dedicated by this constitution.'''
 
'''(e) The reasonable expenses of managing the fund and its assets shall be paid from the fund.'''


===12. SJR 75===
===12. SJR 75===


... add ''Article III, Section 49-d-16'' (use 49-d-14 as model)
... add ''Article III, Section 49-d-16'' (see page below--added blank page)
 
''text of Article III, Section 49-d-16 proposed by Acts 2023, 88th Leg., R.S., S.J.R. No. 75''
 
'''(a) The Texas Water Fund is created as a special fund in the State Treasury outside the General Revenue Fund. The fund is administered by the Texas Water Development Board or by that board's successor in function as provided by general law. The Legislature may appropriate money for the purpose of depositing the money to the fund to be available for transfer as provided by Subsection (b) of this section.'''
 
'''(b) The administrator of the Texas Water Fund may use the fund only to transfer money to other funds or accounts administered by the Texas Water Development Board or that board's successor in function. Money transferred from the Texas Water Fund to a fund or account may be spent without further legislative appropriation in the manner provided by general law governing the use of money in the fund or account to which the money was transferred. The administrator may restore to the fund money transferred from the fund and deposited to the credit of another fund or account. Legislative appropriation is not required for the administrator to transfer money from or restore money to the fund, including the transfer of money from the fund to or the restoration of the money from: (1) the Water Assistance Fund No.A480; (2) the New Water Supply for Texas Fund; (3) the Rural Water Assistance Fund No.A301; or (4) the Statewide Water Public Awareness Account.'''
 
'''(c) The Texas Water Fund consists of: (1) money transferred or deposited to the credit of the fund by general law, including money appropriated by the Legislature directly to the fund and money from any source transferred or deposited to the credit of the fund authorized by general law; (2) any other revenue that the Legislature by statute dedicates for deposit to the credit of the fund; (3) investment earnings and interest earned on amounts credited to the fund; (4) money from gifts, grants, or donations to the fund; and (5) money returned from any authorized transfer.'''
 
'''(d) The Legislature by general law shall provide for the manner in which money from the Texas Water Fund may be used, subject to the limitations provided by this section.'''
 
'''(e) Of the amount of money initially appropriated to the Texas Water Fund, the administrator of the fund shall allocate not less than 25 percent to be used only for transfer to the New Water Supply for Texas Fund.'''
 
'''(f) The expenses of managing the investments of the Texas Water Fund shall be paid from that fund.'''
 
'''(g) For purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution: (1) money in the Texas Water Fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the Texas Water Fund is treated as if it were an appropriation of revenues dedicated by this constitution.'''
 
'''(h) Any unexpended and unobligated balance remaining in the Texas Water Fund at the end of a state fiscal biennium is appropriated to the administrator of that fund for the following state fiscal biennium for the purposes authorized by this section.'''
 
There are currently two Article III sections numbered 49-d-16.
 
Both were approved by voters on November 7, 2023.
 
Neither has been amended or repealed since that date.


===13. SJR 87===
===13. SJR 87===
Line 196: Line 169:


Note that this section is numbered 1-x instead of 1-q, which was the next-available number.
Note that this section is numbered 1-x instead of 1-q, which was the next-available number.
NUMBER 10 (SJR 87) THE CONSTITUTIONAL AMENDMENT TO AUTHORIZE 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.
54.99% in favor


===14. SJR 93===
===14. SJR 93===
Line 214: Line 191:
'''(e) The reasonable expenses of managing the Texas Energy Fund's assets shall be paid from the fund.'''
'''(e) The reasonable expenses of managing the Texas Energy Fund's assets shall be paid from the fund.'''


'''(f) The Legislature by a provision of a general appropriations act may provide for the transfer to the General Revenue Fund of money that is subject to this section.'''
'''(f) The Legislature by a provision of a General Appropriations Act may provide for the transfer to the General Revenue Fund of money that is subject to this section.'''


'''(g) The Legislature may appropriate general revenue for the purpose of depositing money to the credit of the Texas Energy Fund to be used for the purposes of that fund.'''
'''(g) The Legislature may appropriate general revenue for the purpose of depositing money to the credit of the Texas Energy Fund to be used for the purposes of that fund.'''


'''(h) For purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution: (1) money in the Texas Energy Fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the Texas Energy Fund is treated as if it were an appropriation of revenues dedicated by this constitution.'''
'''(h) For purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution: (1) money in the Texas Energy Fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the Texas Energy Fund is treated as if it were an appropriation of revenues dedicated by this constitution.'''
NUMBER 7 (SJR 93) THE CONSTITUTIONAL AMENDMENT PROVIDING FOR THE CREATION OF THE TEXAS ENERGY FUND TO SUPPORT THE CONSTRUCTION, MAINTENANCE, MODERNIZATION, AND OPERATION OF ELECTRIC GENERATING FACILITIES.
64.92% in favor
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