Texans to decide whether to update their aging constitution
Deep in the state archives building lies a Texas treasure.
Tucked away in a custom-made box, and stored in a cool dark room, is a nearly 140-year-old historic document — the Texas Constitution — that determines how the state government works.
As state employees work to preserve the aging document, lawmakers are asking Texans to again sign off on as many as seven amendments to it.
On Nov. 3, voters will head to the polls to weigh in on issues including homestead exemptions and charity raffles at sporting events.
“This is an opportunity for Texans to directly affect the foundational governing document for our state,” Texas Secretary of State Carlos Cascos said. “I encourage all eligible Texans to register to vote and participate in the constitutional amendment election this fall.”
Until this year, lawmakers had proposed 666 amendments to the 40-page Texas Constitution for voters to decide.
Texans signed off on 484 of them and rejected 179. Records don’t show why three of the proposed amendments never went before voters.
Preserving the Constitution
Archivists are working as hard as they can to preserve the 1876 Texas Constitution.
The document, which has been fully photographed, reprinted and digitized, rarely sees the light of day from where it is stored in the Lorenzo De Zavala State Archives and Library Building near the Texas Capitol in Austin.
It’s tucked away in a room set at 68 degrees with 40 percent relative humidity.
“We monitor that on a daily basis,” State Archivist Jelain Chubb said. “That’s to help prolong the life of the document. We keep it at a stable temperature and humidity and it doesn’t come into contact much with light.”
The historic document has undergone “extensive treatment,” which included removing the original binding, treating the pages and rebinding the document.
Chubb said officials kept the original binding, which is also stored in the custom-made case with the document.
“We consider it a Texas treasure,” Chubb said. “The state archives is entrusted to preserve and protect this document for the citizens of Texas, current and future generations.
“We take that very seriously.”
For security reasons, she and others don’t talk about exactly where the Constitution is stored in the archives building.
And Texans don’t generally make a habit of asking to see the document.
But Chubb and others do occasionally bring it out for the secretary of state, when more amendments are proposed or when TV crews are filming historical shows.
“It is in really good shape,” she said. “The paper is good and flexible, not yellow and not disintegrating. The ink is in good shape. You can definitely read the pages.
“But it has been stored properly for years,” she said. “Because the document isn’t exposed to light on a regular basis, that helps it from fading.”
Spirit of the constitution
The Texas Constitution was drafted after reconstruction and a constitutional convention.
The constitution as it stands shows a lack of faith in government. Texas’ forefathers slashed the power of officials as well as the length of terms in office and salaries in general.
Because of tight restrictions, the document has had to be updated and amended time after time through the years.
“It inherently restricts state power to those provisions outlined in the constitution,” said Brandon Rottinghaus, an associate political science professor at the University of Houston.
“Changes to state government often require expansion of state authority, which must be constitutionally granted,” he said. “The frequency of the changes reflects the significant growth of the state's population and economy.”
Some say more should be done to update the document, arguing that it’s “too long, reads like a legal statute and isn’t flexible in allowing local governments to act efficiently,” Rottinghaus said.
But many voters stay home and don’t weigh in when changes are proposed.
“This is partly because there are so many amendments and partly because the wording on the amendments can be confusing,” he said. “Low voter turnout in such constitutional elections contributes to the fear that only a narrow segment of Texans are ratifying these constitutional changes.”
Anna M. Tinsley: 817-390-7610, @annatinsley
Proposed amendments to the Texas Constitution
On Nov. 3, Texans will vote on seven proposed changes to the Texas Constitution. Other issues on the local ballot include city council races in Benbrook and White Settlement, propositions in Haltom City and a bond election in Richland Hills.
Here are the proposed constitutional amendments and what they mean.
Proposition 1 — Senate Joint Resolution 1. “The constitutional amendment increasing the amount of the residence homestead exemption from ad valorem taxation for public school purposes from $15,000 to $25,000, providing for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for those purposes on the homestead of an elderly or disabled person to reflect the increased exemption amount, authorizing the legislature to prohibit a political subdivision that has adopted an optional residence homestead exemption from ad valorem taxation from reducing the amount of or repealing the exemption, and prohibiting the enactment of a law that imposes a transfer tax on a transaction that conveys fee simple title to real property.”
What it means: This issue involves four parts. The amendment would boost homestead exemption amounts for school district property taxes from $15,000 to $25,000. It would also reduce the amount of taxes that could be levied on the homesteads of elderly and disabled Texans. It would prevent public officials from reducing or getting rid of already approved property tax exemptions. And it would keep the state from charging a transfer tax on the sale of the property.
Proposition 2 — House Joint Resolution 75. “The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran who died before the law authorizing a residence homestead exemption for such a veteran took effect.”
What it means: This makes sure that widows of disabled veterans get the same exemption their spouse would have received even if the veteran died before the law allowing the exemption went into effect.
Proposition 3 — SJR 52. “The constitutional amendment repealing the requirement that state officers elected by voters statewide reside in the state capital.”
What it means: The constitution currently requires some state officials to live in Austin while in office. This measure would remove that requirement.
Proposition 4 — HJR 73. “The constitutional amendment authorizing the legislature to permit professional sports team charitable foundations to conduct charitable raffles.”
What it means: Right now, nonprofits may operate raffles twice a year and can give away anything ranging from a car to a house — but not cash. Approving a 50-50 raffle, which means half the winnings go to charity and half to a lucky winner, would let charitable foundations for a number of professional sports teams in Texas award cash to winners. In some states, these raffles have raised around $8,000 per game, which would give a charity $4,000 and a lucky fan $4,000 as well.
Proposition 5 — SJR 17. “The constitutional amendment to authorize counties with a population of 7,500 or less to perform private road construction and maintenance.”
What it means: This raises from 5,000 to 7,500 the maximum population of a county that may build and maintain private roads.
Proposition 6 — SJR 22. “The constitutional amendment recognizing the right of the people to hunt, fish, and harvest wildlife subject to laws that promote wildlife conservation.”
What it means: Lawmakers said this measure is needed at a time when lawsuits are being filed nationwide attacking people’s right to hunt and fish. This measure offers constitutional protections for hunting and fishing in Texas, and it says hunting and fishing are the preferred way to manage and conserve wildlife in this state.
Proposition 7 — SJR 5. “The constitutional amendment dedicating certain sales and use tax revenue and motor vehicle sales, use, and rental tax revenue to the state highway fund to provide funding for nontolled roads and the reduction of certain transportation-related debt.”
What it means: To help address growing transportation needs, this measure would require the Texas comptroller each year to dedicate the first $2.5 billion of vehicle sales use and rental taxes to the General Revenue Fund, dedicate the next $2.5 billion to the State Highway Fund and split between the two funds all revenue above that. Money in the State Highway Fund would be used to acquire right of way, build and maintain nontoll roads and bridges, and pay off general revenue Proposition 12 transportation debt, which is about $300 million a year.
Sources: Texas Legislature Online, Texas Legislative Council, Texas secretary of state
This story was originally published October 8, 2015 at 7:16 AM with the headline "Texans to decide whether to update their aging constitution."