Rodeo raffles, road funding, judges: Our recommendations on Texas Constitution props

Once again, legislators are asking Texans to weigh in on small policy matters that should never come to a statewide election.

Our outdated, arcane state constitution was designed to make governing harder, not easier. So every two years, rather than trusting our elected representatives to make the right choices and holding them accountable at the ballot box when they don’t, voters must decide on constitutional amendments.

But democracy comes with responsibility, so we’re here to help you on the eight questions presented statewide on the Nov. 2 ballot.

PROPOSITION 1

If you’ve been to a Cowboys or Rangers game recently, you’ve probably been hit up to buy into the “50/50 raffle.” Pro sports teams sell tickets and give away half the jackpot, with most of the rest going to the team’s charitable foundation. Lawmakers, under a proposal by Republican Rep. Charlie Geren of Fort Worth, want to expand the program to professional rodeo events.

In essence, you’d see the same raffles at Dickies Arena rodeo events that you see at AT&T Stadium. Voters overwhelmingly approved the raffles in 2015 but rodeo wasn’t included. Strict gambling opponents may see an expansion of gaming, but this is an exceedingly modest proposal.

Our recommendation: Yes.

PROPOSITION 2

Finding enough money to maintain our highways, let alone expand for Texas’ continuing growth, is always a challenge. This amendment would give counties a power similar to what cities can do with tax-increment districts. County officials could designate a blighted area and collect most of the property tax in the district, over a certain baseline, for transportation projects.

It’s not a tax increase. Toll-road projects are excluded. And the proposition would allow targeted improvements that could spur economic development and eventually more tax revenue.

We have some concern about layering more complications onto property taxes. But this is a good tool for counties to have.

Our recommendation: Yes

PROPOSITION 3

This amendment, authored by Sen. Kelly Hancock, R-North Richland Hills, is well-intentioned but an over-correction. It would enshrine in the Constitution that government entities can never order churches to close, for any length of time or any reason.

It’s a response, of course, to COVID-19 closures. Critics noted that under emergency declarations, liquor stores were considered essential but churches were not. We’re all for protecting religious freedom, and lawmakers are right to rethink broad emergency disaster powers.

But this ban is too broad. Lawmakers approved, and Gov. Greg Abbott signed a statute with these broad prohibitions. When the heat surrounding the pandemic subsides, the Legislature should craft a more thoughtful version. Putting it in the Constitution could make that impossible.

Our recommendation: No

PROPOSITION 4

This amendment would add new requirements for people to serve as judges. Appellate court judges would have to live in Texas when elected, have been a practicing lawyer or judge for 10 years, and have a valid law license for at least 10 years. District court judges would have to have been a lawyer or judge in Texas for at least eight years; the current requirement is four years.

It’s admirable to try to ensure only qualified judges get elected. But the real problem is that we elect judges at all.

Our recommendation: Yes

PROPOSITION 5

This would give the State Commission on Judicial Conduct power to investigate complaints against candidates for office, not just sitting judges. It would make for even-handed treatment, though it could have unintended consequences, including a flood of complaints that the commission is not adequately staffed to handle.

Our recommendation: Yes

PROPOSITION 6

Another response to coronavirus fallout, this amendment would allow residents of nursing homes and similar facilities to designate one person who would have unimpeded access to the resident. Too many elderly people and other vulnerable Texans were denied visitors for far too long, and guaranteeing one is a reasonable limit.

Our recommendation: Yes

PROPOSITION 7

The first of two amendments expanding property-tax exemptions, this would allow the surviving spouses of elderly disabled Texans to continue to benefit from a property-tax freeze and an additional homestead exemption of up to $10,000.

Taxes should be kept simple, and our leaders keep carving out exemptions to the most important tool of school funding. But this would affect a small number of people in a large way without a huge loss of revenue.

Our recommendation: Yes

PROPOSITION 8

Surviving spouses of active-duty military members killed in action are eligible for continued property-tax exemption. This amendment expands the protection to those who die in the line of duty, such as in a job-related accident, not just combat. As with Proposition 7, it does a lot of good for a relative handful of people.

Our recommendation: Yes

Early voting begins Oct. 18 and ends Oct. 29. Election Day is Nov. 2.

This story was originally published October 15, 2021 at 5:04 AM.