text: HOUSE RESEARCH 1 Proposition ORGANIZATION focus report Texas House of Representatives August 20, 2009 Amendments Proposed CONSTITUTIONAL for November 2009 Ballot Page Amending the Constitution ................................................................................................ 2 Previous Election Results ..............................................................................................4 Proposition 1 Authorizing local financing to buy buffer areas near military installations.................. 5 2 Requiring appraisal of residence homesteads based on homestead value .............. 7 3 Allowing state enforcement of uniform property appraisal standards ..................... 9 4 Establishing the National Research University Fund .............................................. 10 5 Allowing consolidated boards of equalization for appraisal districts ................... 14 6 Renewing Veterans' Land Board bond authority for land and mortgage loans ... 15 7 Allowing members of the Texas State Guard to hold civil office ............................... 17 8 Authorizing the state to contribute resources to veterans' hospitals ..................... 19 9 Establishing a right to use and access public beaches ............................................. 21 10 Allowing board members of emergency services districts to serve four years ....23 11 Restricting use of eminent domain to taking property for public purposes ................ 25 No. 81-8 A mending the Constitution Texas voters have approved 456 amendments to Ballot wording the state Constitution since its adoption in 1876. Eleven more proposed amendments will be submitted for voter The ballot wording of a proposition is specified approval at the general election on Tuesday, November 3, in the joint resolution adopted by the Legislature, 2009. which has broad discretion concerning the wording. In rejecting challenges to the ballot language for proposed amendments, the courts generally have ruled that Joint resolutions ballot language is sufficient if it describes the proposed amendment with such definiteness and certainty that The Texas Legislature proposes constitutional voters will not be misled. The courts have assumed that amendments in joint resolutions that originate in voters become familiar with the proposed amendments either the House of Representatives or the Senate. For before reaching the polls and that they do not decide how example, Proposition 1 on the November 3, 2009, ballot to vote solely on the basis of the ballot language. was proposed by House Joint Resolution (HJR) 132, introduced by Rep. Frank Corte and sponsored in the Senate by Sen. Jeff Wentworth. Art. 17, sec. 1 of the Election date Constitution requires that a joint resolution be adopted by at least a two-thirds vote of the membership of each The Legislature may call an election for voter house of the Legislature (100 votes in the House, 21 votes consideration of proposed constitutional amendments in the Senate) to be presented to voters. The governor on any date, as long as election authorities have enough cannot veto a joint resolution. time to provide notice to the voters and print the ballots. For example, early in its 2007 regular session, the 80th Amendments may be proposed in either regular or Legislature adopted SJR 13 by Averitt, a proposed special sessions. A joint resolution includes the text of constitutional amendment to make a proportionate the proposed constitutional amendment and specifies reduction in the school property tax freeze amount for the an election date. A joint resolution may include more elderly and disabled, and set the election for Saturday, than one proposed amendment. For example, HJR 14 by May 12, 2007, a uniform election date when many local Corte, adopted by the 81st Legislature earlier this year, jurisdictions also held elections. In recent years, including includes two propositions to amend the Constitution on 2009, most proposals have been submitted at the this year's ballot: one restricting use of eminent domain November general election held in odd-numbered years. authority and another establishing a National Research However, another recent exception was in 2003, when all University Fund to assist emerging research universities. joint resolutions proposing constitutional amendments HJR 36 by Otto includes three separate propositions adopted by the 78th Legislature during its 2003 regular to amend the Constitution, each concerning property session set Saturday, September 13, 2003, as the election taxation. The secretary of state conducts a random date. drawing to assign each proposition a ballot number if more than one proposition is being considered. Publication If voters reject an amendment proposal, the Legislature may resubmit it. For example, the voters Texas Constitution, Art. 17, sec. 1 requires that a brief rejected a proposition authorizing $300 million in general explanatory statement of the nature of each proposed obligation bonds for college student loans at an August amendment, along with the ballot wording for each, be 10, 1991, election, then approved an identical proposition published twice in each newspaper in the state that prints at the November 5, 1991, election after the Legislature official notices. The first notice must be published 50 to readopted the proposal and resubmitted it in essentially 60 days before the election. The second notice must be the same form. published on the same day of the following week. Also, Page 2 House Research Organization the secretary of state must send a complete copy of each particular area or within certain guidelines. These amendment to each county clerk, who must post it in the amendments require "enabling" legislation to fill in courthouse at least 30 days prior to the election. Proposition the details of how the amendment would operate. The Legislature often adopts enabling legislation in advance, The secretary of state prepares the explanatory making the effective date of the legislation contingent statement, which must be approved by the attorney on voter approval of a particular amendment. If voters general, and arranges for the required newspaper reject the amendment, the legislation dependent on the publication. The estimated total cost of publication twice constitutional change does not take effect. in newspapers across the state is $90,882, according to the Legislative Budget Board. Effective date Enabling legislation Constitutional amendments take effect when the official vote canvass confirms statewide majority Some constitutional amendments are self-enacting approval, unless a later date is specified. Statewide and require no additional legislation to implement their election results are tabulated by the secretary of state provisions. Other amendments grant discretionary and must be canvassed by the governor 15 to 30 days authority to the Legislature to enact legislation in a following the election. House Research Organization Page 3 P revious Election Results Analyses of the sixteen proposals on the November 6, 2007, ballot appear in House Research Organization Focus Report No. 80-8, Constitutional Amendments Proposed for November 2007 Ballot, August 24, 2007. Proposition 1: Transferring constitutional facilities Proposition 9: Exempting residence homesteads funding for Angelo State University of totally disabled veterans from property taxation FOR 696,426 66.3% FOR 932,418 86.2% AGAINST 353,922 33.7% AGAINST 149,275 13.8% Proposition 2: Authorizing general obligation Proposition 10: Deleting constitutional references bonds to finance student loans to county office of inspector of hides and animals FOR 718,282 65.8% FOR 806,652 76.6% AGAINST 372,659 34.2% AGAINST 246,914 23.4% Proposition 3: Annual 10 percent cap on Proposition 11: Requiring legislators to cast increases in homestead taxable value record votes on final passage FOR 769,908 71.5% FOR 893,686 84.5% AGAINST 306,830 28.5% AGAINST 163,553 15.5% Proposition 4: General obligation bonds for state Proposition 12: Authorizing $5 billion in general agency construction and repair projects obligation bonds for highway improvements FOR 627,609 58.2% FOR 670,186 62.6% AGAINST 451,440 41.8% AGAINST 400,383 37.4% Proposition 5: Allowing a temporary property tax Proposition 13: Allowing judges to deny bail in freeze for smaller city development certain cases involving family violence FOR 690,650 66.0% FOR 916,173 83.9% AGAINST 355,583 34.0% AGAINST 176,189 16.1% Proposition 6: Property tax exemption for a Proposition 14: Permitting judges reaching personal vehicle used for business activities mandatory retirement age to finish their terms FOR 800,005 73.7% FOR 814,148 75.0% AGAINST 285,537 26.3% AGAINST 271,245 25.0% Proposition 7: Selling property acquired through Proposition 15: Authorizing general obligation eminent domain to former owner at original price bonds to fund cancer research FOR 867,973 80.3% FOR 673,763 61.5% AGAINST 212,555 19.7% AGAINST 422,647 38.5% Proposition 8: Revisions to home equity loan Proposition 16: Bonds for water and sewer provisions services to economically distressed areas FOR 823,189 77.6% FOR 650,533 60.8% AGAINST 238,136 22.4% AGAINST 419,914 39.2% Source: Secretary of State's Office Page 4 House Research Organization Authorizing city and county financing to buy buffer areas near military installations HJR 132 by Corte (Wentworth) Proposition 1 Background Supporters say Texas Constitution, Art. 3, sec. 52 prohibits the Proposition 1 is necessary to grant clear, specific Legislature from authorizing any county, city, town, or authorization for cities and counties to use bonds or other political subdivision to lend its credit or to grant notes to buy land to create buffer areas around military public money or a thing of value to aid any individual, installations. Questions have been raised about whether association, or corporation. The section has been cities and counties have this constitutional authority, amended several times, including the addition of sec. and Proposition 1 would settle those questions. While 52-a, which authorizes a loan or grant of public money local entities currently may issue bonds to buy land in for economic development purposes. blighted areas that meet certain urban renewal criteria, land around military installations often does not meet Tax Code, ch. 311 governs the use of tax increment these criteria. financing. Local governments use tax increment financing to make structural improvements and Proposition 1 would allow cities and counties to infrastructure enhancements within a designated address a growing need to protect military installations reinvestment area. These improvements often are from encroachment by preventing or limiting undertaken to promote the viability of existing development of the surrounding area. Texas is home businesses and to attract new commercial enterprises to numerous military installations, and in some areas, to the area. The costs of the improvements are repaid commercial and residential development has moved by future tax revenues derived from the property in the closer and closer to the facilities, resulting in problems area. for both the military facilities and those involved in the development. For example, homes and schools may be incompatible with artillery exercises or other military Digest training. In other cases, excessive light from nearby developments can make military operations difficult. Proposition 1 would authorize the Legislature to In at least one case, at San Antonio's Camp Bullis, allow cities and counties to issue bonds or notes to development has reduced trees and foliage around the finance the acquisition of buffer areas or open spaces installation and may have forced endangered species next to military installations to prevent encroachment or and other wildlife into the boundaries of the facility. to construct roadways, utilities, or other infrastructure These problems can make it difficult for the facilities to protect or promote the mission of the military to perform or expand their missions, which ultimately installation. The city or county could pledge increases in could lead to closure of the base. property tax revenues from the area to repay the bonds or notes. Proposition 1 would give local governments a tool to help prevent and address the problems that come The ballot proposal reads: "The constitutional with the encroachment of development near military amendment authorizing the financing, including installations. Cities and counties would be able to issue through tax increment financing, of the acquisition bonds or notes to raise the funds to purchase land around by municipalities and counties of buffer areas or military installations as a buffer zone or to construct open spaces adjacent to a military installation for the infrastructure, such as roads or utilities, to divert the prevention of encroachment or for the construction of path of future development from the installation or roadways, utilities, or other infrastructure to protect or otherwise promote the mission of the installation. While promote the mission of the military installation." the land around military installations may be protected House Research Organization Page 5 through land-use restrictions, zoning, or other methods, some cases could buy the land for a planned buffer zone Proposition 1 would give cities the additional option of years before they would have considered using eminent purchasing the land. domain to acquire the land. It would be appropriate to allow the Legislature to authorize cities and counties to expend public Opponents say funds for the public purpose of aiding local military installations because of the vital role the installations While protecting military bases is a worthy goal, play in the nation's security and their importance to cities and counties should not be given another reason local economies. Military facilities often serve as the to increase property taxes. Higher property taxes used cornerstones of local economies, providing jobs and to finance bonds to purchase land or build infrastructure other economic benefits, and Proposition 1 would give could overburden property owners who already carry a cities and counties a way to protect these benefits. heavy load. Proposition 1 could further increase the tax Proposition 1 would ensure that expenditures of public burden on other property owners if it resulted in land funds were appropriate by requiring that they be spent in a potential buffer zone being purchased by a city or only for buffer zones to prevent encroachment or for county and, as publicly owned property, no longer could infrastructure to protect or promote the mission of the be taxed. military installation. Proposition 1 would not force any local jurisdiction Notes to issue bonds or to increase taxes. Any decision to use the authority in Proposition 1 would be made on HB 4130 by Corte, the enabling legislation for the local level, and bonds or notes would have to be Proposition 1, was placed on the General State Calendar approved locally, either by voters or the governing in the House during the 2009 regular session of the 81st body of the city or county. Unchecked encroachment on Legislature, but died when no further action was taken. military installations could lead to interference in the HB 4130 would have authorized cities and counties to facilities' mission, or even closure, which could harm a issue bonds or notes, including tax increment bonds local economy and taxpayers more than would a locally or notes authorized under the state's Tax Increment approved bond issue. Cities and counties would have the Financing Act, to finance the acquisition of buffer areas additional option of using tax increment financing by or open spaces adjacent to military installations. The pledging increases or a portion of increases in property buffer areas would have been solely for the prevention tax revenue in a specified zone to the repayment of the of encroachment or for the construction of roadways, bonds or notes issued. utilities, or other infrastructure to protect or promote the mission of the military installation. If HB 4130 had been Proposition 1 would not in any way encourage approved by the Legislature, it would have taken effect the use of eminent domain or change current law on December 1, 2009, if a constitutional amendment such acquiring property for a public purpose. Proposition 1 as Proposition 1 authorizing the Legislature to enact could result in fewer proposed takings of land through such legislation were approved by the voters. eminent domain because cities could turn first to using bond proceeds to purchase land at market value and in Page 6 House Research Organization Requiring appraisal of residence homesteads based solely on their homestead value HJR 36 by Otto (Williams) 2 Proposition Background Some Texas homeowners have seen their property appraisals double or even quadruple in a short period, Texas Constitution, Art. 8, sec. 1 requires all real not because the value of their homes increased, but and tangible personal property to be taxed in proportion because the highest and best use of the land dramatically to its value. Determining the "highest and best use" of changed. While the 10-percent cap on annual increases a particular piece of property is a generally accepted in taxable value of residence homesteads mitigates the property appraisal technique used to help determine impact of large increases in appraised market value, it the market value of real property. Among real estate still means that every year the taxes on the property will appraisers, "highest and best use" is that which is legally rise substantially. Where property use is restricted by permissible, physically possible, financially feasible, zoning regulations, residential homesteads are somewhat and most profitable. The term is not defined by the Tax protected from dramatic changes in highest and best Code. use — for example, from residential to commercial. But those areas of the state not covered by zoning regulations are susceptible to substantial increases in Digest appraised value based solely on changes of land use in the area where the homestead happens to be located. Proposition 2 would amend Art. 8, sec. 1 of the Texas Constitution to authorize the Legislature to Texas already protects certain types of property from provide for taxation of a residence homestead based large appraisal increases due to changes in highest and solely on the property's value as a residence homestead, best use. For example, the taxable value of agricultural regardless of whether the residential use of the property or timber land is appraised based on the land's capacity by the owner was considered the highest and best use of to produce agricultural or timber products, not on its the property. market value, which usually is much higher. Residence homesteads do not have such protection. The ballot proposal reads: "The constitutional amendment authorizing the legislature to provide for Proposition 2 would protect Texas homesteads from the ad valorem taxation of a residence homestead solely increases due to changes in highest and best use by on the basis of the property's value as a residence allowing the Legislature to ensure that the properties homestead." were appraised only on the basis of the property's value as a residence homestead. These protections are especially necessary to protect homeowners whose Supporters say neighborhoods are in transition from residential to commercial use. This limitation on the appraisal process The constitutional requirement that property would apply only to residence homesteads, not to other be taxed in proportion to its value has all too often residential property such as apartments or vacation meant that county tax appraisers have valued property homes. based on its "highest and best use" rather than on its current use. For example, a residential property in or near a commercial district may be valued based on its Opponents say commercial potential even though it currently is being used as a residence. Proposition 2 and its enabling Proposition 2 would arbitrarily move the property legislation would require that the market value of a appraisal process further away from a true valuation residence homestead be determined by its value as a of property according to its worth. According to some residence homestead, regardless of whether that is the estimates, allowing residential homestead property to be highest and best use of the property. valued based solely on its residential use and exempted House Research Organization Page 7 from a highest and best use valuation would reduce increase its obligations in this manner, especially when taxable property values, thereby reducing local tax state finances are expected to be spread thin over the revenue and requiring a local tax increase or spending next few years. Proposition cuts to offset the revenue loss. The owners of residence homesteads already receive a substantial benefit from the 10-percent annual limitation on the increase in Notes the taxable value of their property, plus other value exemptions and tax freezes that owners of other types of HB 3613 by Otto, the enabling legislation enacted property do not receive. by the 81st Legislature during its 2009 regular session and signed by the governor, would require that the land When school districts' property values per student of a residence homestead be appraised as a residence are lower, the state must provide additional funding to and not based on the highest and best use of the these districts under the Foundation School Program's property. This provision would take effect only if voters equalization formulas. The state cannot afford to approve Proposition 2. Page 8 House Research Organization Allowing state enforcement of uniform property appraisal standards and procedures HJR 36 by Otto (Williams) 3 Proposition Background the county where the tax is imposed. This provision has been interpreted to mean that the state has little Texas Constitution, Art. 8, sec. 23(b) requires that meaningful supervisory or administrative power over the the administrative and judicial enforcement of uniform standards and methods that local appraisal districts use standards and procedures for appraisal of property to value property. for property (ad valorem) tax purposes be prescribed by statute and originate in the county where the tax is Property located in one Texas county should be imposed. appraised in the same manner and according to the same rules as similar property located in another Texas county. Taxpayers should be able to enforce uniformity and Digest equity through meaningful state oversight. Proposition 3 would allow the state to oversee the appraisal system Proposition 3 would remove the current directly and take the necessary action to address constitutional requirement that administrative and inequities and inconsistencies in property appraisal. judicial enforcement of uniform standards and procedures for property appraisal originate in the county where the tax is imposed. Opponents say The ballot proposal reads: "The constitutional Proposition 3 is unnecessary. The state already amendment providing for uniform standards and exerts influence over property appraisal standards and procedures for the appraisal of property for ad valorem practices through training provided to appraisers by the tax purposes." state Comptroller's Office and through the comptroller's annual property tax study. In the property tax study, the state compares its own property value findings to the Supporters say appraisal values produced by local appraisal districts. If the local values vary too much from those arrived at Proposition 3 would authorize the Legislature to by the state, local school districts risk losing some state enact laws that would require local appraisal districts to funding. The property value study already provides follow best practices and standard procedures to ensure sufficient enforcement and incentives for local appraisal appropriate and accurate appraisals that determine districts to produce accurate property valuations. the value of property for taxation purposes. Statewide uniformity and equity of appraisal processes can be Proposition 3 could lead to a loss of local control. achieved only by amending the Texas Constitution to County appraisal districts know their local markets allow direct state enforcement authority and oversight of and economic realities better than state officials do. local appraisals. Enforcing standards at the state level could impose a one-size-fits-all solution that might not produce the most Property owners across the state have seen large accurate appraisals for each local district. increases in the appraised value of their property. Many property owners claim these increases are inequitable The Legislature did not enact enabling legislation and are caused by differing local appraisal practices and for Proposition 3. It would be better for the electorate to methods across different appraisal districts. However, wait and see what kind of laws the Legislature proposes the Texas Constitution requires that administrative to enforce statewide uniformity of local appraisal and judicial enforcement of uniform standards and standards before granting broad authority to the procedures for appraisal of property originate in Legislature to enact such laws. House Research Organization Page 9 4 Proposition Establishing the National Research University Fund HJR 14 by Corte (Duncan) Proposition Background income generated by the endowment will be distributed annually to the non-PUF institutions and will replace Texas Constitution, Art. 7, sec. 17 authorizes two the constitutionally guaranteed HEF general-revenue higher education funds to provide capital support for allocations. Texas public institutions of higher education that are not eligible to receive proceeds from the Permanent Texas has three tier-one research universities, also University Fund (PUF), the endowment that supports called flagship universities — the University of Texas at capital spending at certain institutions of the University Austin and Texas A&M University, both public, state- of Texas and the Texas A&M systems. One of the funds, supported institutions, and Rice University, a private the Permanent Higher Education Fund (PHEF), was institution. "Tier one" is used to describe the status established by the Legislature starting in 1995 under associated with high-performing research universities. the authority of Art. 7, sec. 17(i) and was intended Some attributes of these institutions include membership eventually to become a permanent endowment to in the American Association of Universities; at least support non-PUF institutions. From 1996 to 2001, the $100 million in federal research grants annually; the PHEF endowment received appropriations of about size of endowments; the quality of the faculty and $50 million per year. In fiscal 2002, the $50 million the number of faculty with membership in one of the appropriation was reduced, and the Legislature has made national academies; the number of faculty awards; the no appropriations to the PHEF endowment since 2003. number of doctorates awarded; and selective admissions. The estimated current value of the corpus is about $500 million. The Texas Higher Education Coordinating Board classifies research universities in two categories: While the non-PUF institutions have not yet research universities and emerging research universities. benefited from the PHEF endowment, since 1985 they The public institutions designated as emerging research have received capital spending support through annual universities in Texas are: appropriations required by Art. 7, sec. 17, known as the Higher Education Fund (HEF). The HEF consists of • Texas Tech University; general revenue fund appropriations of no less than $100 • the University of Texas at Arlington; million per year, and each of the non-PUF institutions • the University of Texas at Dallas; receives at least a minimum annual allocation amount • the University of Texas at El Paso; set by statute. Institutions may use their allocations • the University of Texas at San Antonio; to acquire land, construct and equip buildings or • the University of Houston; and other permanent improvements, repair or rehabilitate • the University of North Texas. buildings, or purchase capital equipment, library books, and library materials. They also may use their allocations to pay debt service on HEF-backed bonds. Digest For fiscal 2010-11, the Legislature appropriated $525 million for the HEF allocations. Proposition 4 would amend Texas Constitution, Art. 7 by adding sec. 20 to establish the National Research The Constitution requires that investment income University Fund (NRUF) for the stated purpose of of the PHEF endowment be credited back to the fund providing a dedicated, independent, and equitable source until the fund balance reaches $2 billion. As with the of funding to enable emerging research universities PUF, the corpus of the PHEF cannot be spent. When in this state to achieve national prominence as major the fund balance reaches $2 billion, 90 percent of the research universities. Page 10 House Research Organization The balance of the Permanent Higher Education the fund had been invested long enough to determine the Fund (PHEF) endowment would be transferred to the purchasing power over a 10-year period, the Legislature credit of the NRUF as of January 1, 2010, and the Proposition could authorize another means of preserving the constitutional authorization for the PHEF endowment purchasing power of the fund. would be repealed. The NRUF would consist of money transferred or deposited to the fund and any interest The ballot proposal reads: "The constitutional or other return on investment assets of the fund. The amendment establishing the national research university Legislature could dedicate state revenue to the fund. fund to enable emerging research universities in this state to achieve national prominence as major research Eligibility criteria for receiving distributions from universities and transferring the balance of the higher the fund would be established by the Legislature. education fund to the national research university fund." Eligible state universities could use distributions from the fund only for the support and maintenance of educational and general activities that promoted Supporters say increased research capacity at the university. Eligible institutions that received distributions in a two-year Proposition 4 and its enabling legislation, HB 51 budget period (fiscal biennium) would remain eligible in by Branch, would establish a pathway for emerging subsequent budget periods. The University of Texas at research universities in Texas to achieve nationally Austin and Texas A&M University would not be eligible recognized, tier-one status. The proposed amendment to receive money from the fund. would establish a fund that would be a dedicated, long- term source of funding for eligible institutions. It would The Legislature would administer the fund, which transfer the long-dormant permanent HEF endowment to would be invested in the manner and according to a National Research University Fund for the purpose of standards for investment of the Permanent University boosting state-supported research universities to national Fund. The portion of the total return on investment prominence. It would not affect nor diminish the yearly assets of the fund that would be available for distribution of general revenue allocations that provide appropriation in a two-year budget period would be the capital spending support for the non-PUF institutions. portion necessary to provide, as nearly as practicable, a stable and predictable stream of annual distributions to The need for a highly educated workforce in Texas cannot be overstated, and Proposition 4 would be a eligible state universities and to maintain the purchasing power of the investment assets of the fund. new effort in pursuing that goal. Tier-one universities, generally defined as those that annually commit more Every two-year budget period, the Legislature would than $100 million to research, are critical in keeping be required to allocate or provide for the allocation of the state in the forefront of research as competition funds to eligible state universities. The money would increases for talent, ideas, and economic development. be allocated based on an equitable formula established If Texas is to achieve a globally competitive workforce, by the Legislature or an agency designated by the it must make dramatic gains in the education of its Legislature. The Legislature would have to review and population. Tier-one universities are one of the best adjust the formula at the end of each two-year budget ways to develop a highly skilled workforce, especially period. in the sciences, engineering, and professional fields critical to economic success. In each two-year budget period, the Legislature could appropriate all or a portion of the total return Texas trails other states in the number of tier-one on all investment assets of the NRUF for the purposes research universities. California has nine tier-one of the fund. The Legislature could not increase universities, and New York has seven. Lack of major distributions from the fund if the purchasing power of research and development infrastructure is costing Texas investment assets for any rolling 10-year period were billions of dollars every year in lost opportunities to not preserved. The amount appropriated from the fund attract research funding. in any fiscal year would be capped at 7 percent of the investment assets' average net fair market value. Until House Research Organization Page 11 Texas has a population of more than 24 million and Other opponents say only three tier-one institutions: UT-Austin and Texas A&M University, which are public, and Rice University, The funding criteria in the enabling legislation which is private. It is no surprise that the state's top- could be too difficult for some institutions — especially notch public institutions have more applicants than historically underfunded institutions and those that they can admit. Texas is losing more than 10,000 high primarily serve minorities — to achieve. Some school graduates a year to doctoral-granting universities institutions would start at a disadvantage because they in other states. At the same time, the state is recruiting have not been granting doctoral degrees as long as only 4,000 students per year from other states, resulting others, and the eligibility criteria would perpetuate this in a net loss of 6,000 students a year. The presence disadvantage. The number of doctoral degrees required of additional tier-one universities would expand the should be lower or the populations served should educational opportunities available to Texas students be taken into account. Targeting areas of population and keep more of them in the state. growth, especially the border region, would make more sense if the state were serious about serving high- A principal reason the University of Texas at Austin growth, underserved areas. and Texas A&M University have reached the level of tier-one status is long-term, sustained funding from the Permanent University Fund. Proposition 4 proposes to Notes tap the unused funds in the inactive PHEF endowment because two-year appropriations alone cannot create HB 51 by Branch, the enabling legislation enacted a tier-one university. Having dedicated, guaranteed by the 81st Legislature during its 2009 regular session funding would allow emerging research institutions and signed by the governor, would establish eligibility to achieve tier-one status, which would allow them to criteria for institutions to receive distributions from attract and retain top talent while generating important the National Research University Fund. This provision research. would take effect only if voters approve Proposition 4. The bill stipulates that money could not be distributed The eligibility criteria set by statute for receiving from the NRUF before the two-year state budget period distributions from the fund should be stringent because beginning September 1, 2011. An institution would have Texas universities striving for tier-one status would to meet specific criteria, including being designated be competing not only with each other, but nationally. as an emerging research university, and would have to Currently, none of the seven universities designated spend $45 million in restricted research funds for two as emerging research institutions meets the eligibility consecutive years. Institutions also would have to meet requirements, which would set high goals for which they four of six criteria: would have to strive to attain tier-one status. • an endowment of at least $400 million; • the awarding of at least 200 doctor of Opponents say philosophy degrees in each of the two previous years; While the goal of adding new top-tier state • top-flight faculty, based on professional universities is laudable, in this time of economic achievement and recognition, including downturn and fiscal restraint Texas should focus more membership in national academies; of its limited resources, including the funds in the PHEF • high-achieving freshmen for two years; endowment, on those institutions that are the closest • designation as a member of the Association of to attaining tier-one status. Because of the urgency Research Libraries or its equivalent; and of developing more nationally competitive research • high-quality graduate level programs, based universities, it would make more sense to target those on the number of graduate level programs, emerging research institutions farthest along the path to admission standards for those programs, and attaining national tier-one status rather than spread too level of institutional support for graduate thinly funding for all seven institutions designated as students. emerging research universities. Page 12 House Research Organization HJR 14 includes two unrelated propositions proposing two different constitutional amendments. HJR 14 originally proposed only a change in eminent Proposition domain authority, but was amended late in the 2009 regular session to add the provisions of Proposition 4, which would convert the corpus of the Permanent Higher Education Fund endowment into a new National Research University Fund. Proposition 11, the eminent domain provisions in HJR 14, is discussed starting on page 25 of this report. House Research Organization Page 13 5 Proposition Allowing consolidated boards of equalization for appraisal districts HJR 36 by Otto (Williams) 5 Background than separate boards. Many sparsely populated counties have a difficult time finding enough qualified and Texas Constitution, Art. 8, sec. 18(c) requires the willing candidates to sit on their appraisal review Legislature to provide for a single board of equalization, boards. Proposition 5 would allow counties to join also known as an appraisal review board, for each together and pool their talent. Having fully staffed and entity that appraises the value of property for taxation qualified appraisal review boards would help ensure purposes. Tax Code, sec. 6.41 establishes an appraisal a more professional, equitable, and timely appraisal review board for each appraisal district. An appraisal review process. review board is authorized to resolve disputes between taxpayers and the appraisal district. The board's primary The Constitution already allows the Legislature to function is to hear appeals of the appraised value of authorize counties to consolidate appraisal services, taxable property. Under Art. 8, sec. 18(c), the members and Proposition 5 also would allow consolidation of of the appraisal review board must be residents of the the appraisal review boards that consider appeals of area covered by the appraisal district and may not be appraisals. Counties that share appraisal functions report elected officials of either a county or the governing body significant savings and improvements in efficiency and of another governmental entity that levies taxes. quality. Counties should be allowed to share appraisal review board functions as well. Counties that chose to Most Texas counties are covered by their own establish joint appraisal review boards would have to be central appraisal districts. Randall and Potter counties, contiguous, so board members would be neighboring which contain Amarillo, share a consolidated appraisal residents familiar with valuation issues in their district but have separate appraisal review boards. immediate area. Digest Opponents say Proposition 5 would amend Texas Constitution, Only residents of an appraisal district should Art. 8, sec 18(c) to allow two or more adjoining decide appeals of appraisals of property located in appraisal districts to form a single consolidated board of that district. Local appraisal review boards know their equalization (appraisal review board). county markets and local economic realities. Bringing in outsiders from another county could result in a loss of The ballot proposal reads: "The constitutional local control of a local issue. amendment authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated Notes equalizations." HB 3611 by Otto, the enabling legislation enacted by the 81st Legislature during its 2009 regular session Supporters say and signed by the governor, would allow the boards of directors of two or more adjoining central appraisal Proposition 5 would authorize the Legislature to districts to form a consolidated appraisal review board allow adjoining counties to form consolidated appraisal by inter-local contract. This provision would take effect review boards, which could operate more efficiently only if voters approve Proposition 5. Page 14 House Research Organization Renewing Veterans' Land Board bond authority for land and mortgage loans HJR 116 by Corte (Van de Putte) 6 Proposition Background home-mortgage and land-purchase financing programs as self-supporting general obligation bonds because the The Veterans' Land Board (VLB), established by bond debt is expected to be paid from revenues received Texas Constitution, Art. 3, sec. 49-b, issues and sells through the programs they support, including investment state general obligation bonds to finance land purchases income and repayment of the principal and the interest and mortgage loans for Texas veterans. The VLB and fees on the loans made to participating veterans. administers these programs through the General Land Office. Because the bonds are backed by the state's credit, the money raised through issuance of the bonds is Digest repaid at a lower rate of interest, which in turn allows a lower-than-market interest rate on the housing and land- Proposition 6 would amend Texas Constitution, Art. purchase loans to veterans financed by the bonds. 3, sec. 49-b(w) to authorize the Veterans' Land Board to provide for, issue, and sell state general obligation Through the Veterans' Housing Assistance Program bonds for the purpose of selling land or providing (VHAP), the VLB makes home mortgage loans of up home-mortgage or land-purchase loans to Texas to $325,000 toward the purchase of a home by qualified veterans. The principal amount of outstanding bonds Texas veterans. VHAP loans are funded with bond never could exceed the total principal amount of state proceeds and other money deposited into the Veterans' general obligation bonds previously authorized for these Housing Assistance Fund or the Veterans' Housing purposes by prior constitutional amendments. Assistance Fund II. These bonds would not be included in the The Texas Veterans' Land Program (VLP) provides calculation of the amount of state debt payable from the up to $80,000 in loans to qualified veterans to purchase General Revenue Fund used to determine the state debt tracts of land of at least one acre. The VLB purchases limit under Art. 3, sec. 49-j. The bond proceeds would the tract of land in which the Texas veteran is interested be required to be deposited in or used to benefit and and resells it to the interested person. VLP loans are augment the Veterans' Land Fund, the Veterans' Housing funded with bond proceeds and other money deposited Assistance Fund, or the Veterans' Housing Assistance into the Veterans' Land Fund. Fund II, as determined appropriate by the Veterans' Land Board. Since 1946, voters have approved, in increments, a total of $4 billion in general obligation bonds to fund The ballot proposal reads: "The constitutional the VLB land-purchase program and, starting in 1983, amendment authorizing the Veterans' Land Board to the home-mortgage loan program. The most recent bond issue general obligation bonds in amounts equal to or authorization for these programs, in 2001, authorized the less than amounts previously authorized." VLB to issue up to $500 million in additional general obligation bonds to provide home-mortgage loans to Texas veterans. Supporters say Texas Constitution, Art. 3, sec. 49-j limits the Proposition 6 would help secure uninterrupted amount of state debt that may be issued that is payable bonding authority for the VLB to continue financing from the General Revenue Fund. The limitation does land purchases and home mortgages for Texas not apply to bonds that are reasonably expected to veterans at lower-than-market rates as a reward for be paid from other revenue sources and do not draw their service. The VLB's current bonding authority to on general revenue funds. The Bond Review Board fund the Veterans' Housing Assistance and Veterans' classifies the bonds authorized for the VLB's veterans' Land programs, which have served more than 120,000 House Research Organization Page 15 veterans since their inception, is forecast to be programs. Use of the programs is limited by veterans' exhausted at the end of 2009. Proposition 6 not only demand for loans, as well as a prohibition in federal tax would replenish the VLB's bonding authority to meet law against issuing more than $250 million in qualified the short-term demand for financing these programs veterans' mortgage bonds per year. but would prevent the VLB from having to engage in the cumbersome process of periodically seeking Proposition 6 would make obtaining funding for voter approval to fund these veterans' benefits in the the Veterans' Housing Assistance and Veterans' Land foreseeable future. programs more stable and efficient. Historically, when funding for these programs has been exhausted, the Proposition 6 would "evergreen" the bonding voters have had to approve new funding in increments authority for the Veterans' Housing Assistance and of up to $500 million. If funding is exhausted sooner Veterans' Land programs, meaning that the VLB could than expected, some veterans may be unable to obtain issue new bonds to fund these programs as already- the program benefits they seek until the Legislature and issued bonds are retired. Voters demonstrated their the voters have approved additional bonding authority. approval of this type of funding mechanism in 2001 when they approved a constitutional amendment The "evergreening" process that would be authorizing additional bond authority for the Veterans' authorized by Proposition 6 also would be safe for Texas Housing Assistance Program that similarly allows more taxpayers. The VLB's veterans' loan programs are self- bonds to be issued as existing bonds are retired — up sufficient. The bond obligations are fully paid with fund to the $500 million authorized by the amendment. investment income and with the principal, interest, and Proposition 6 simply would take this approach a step fee payments made by participating veterans. These further by "evergreening" all of the bonding authority revenue sources provide stable funding for the program. that voters previously have approved for the VLB loan Because the VLB uses conservative underwriting programs. standards for its loan programs, they historically have had a very low foreclosure rate. Despite the recent Over the years, voters have approved constitutional economic challenges that have caused foreclosure amendments authorizing issuance of a total of $4 billion rates in other markets to skyrocket, the foreclosure rate in bonds for financing veterans' land purchases and on land and home mortgage loans issued by the VLB home loans. Almost all of those bonds have been issued, programs has remained less than 0.5 percent. but about $2 billion of the bonds issued years ago have since been retired or redeemed. If Proposition 6 were approved, this $2 billion, as well as the principal amount Opponents say of any existing bonds retired in the future, still would be available to fund the VLB loan programs. Proposition 6 in effect would authorize the Veterans Land Board to issue more than $2 billion in new state- Under the current system, the amount of bonds backed bonds for the veterans' land-purchase and previously issued and eventually paid off counts mortgage-loan programs, a considerable expansion of against the total amount of bonds authorized to be state debt. Voters would be re-authorizing the issuance issued, despite the fact that those bonds no longer are of bonds originally authorized as long as 60 years ago outstanding and the debt has been retired. Even though and since paid off and retired. the voters previously have approved more than enough bond capacity to satisfy the needs of the loan programs, State bonds are long-term debt and generally are they must be asked once again to authorize additional not issued and ultimately retired until decades after bond capacity when new funding is needed. they originally were authorized by the voters. The reauthorization of bonds allowed by Proposition 6 Because of the limited rate at which new program should apply only to those bonds previously authorized funding is required, the funding mechanism in and retired as of this year, and any bonds retired in the Proposition 6 likely would mean that the VLB would future should have to be reauthorized by the voters never again need to seek new bond authority for the before they could be reissued as state debt. Veterans' Housing Assistance and Veterans' Land Page 16 House Research Organization Allowing members of the Texas State Guard to hold civil office Proposition HJR 127 by P. King (Carona) 7 Proposition Background Digest Texas Constitution, Art. 16, sec. 40 prohibits a Proposition 7 would amend Texas Constitution, Art. civil official from holding more than one civil office for 16, sec. 40 to add officers and enlisted members of the which the official is paid unless the other office is: Texas State Guard and any other militia or military force organized under state law to the exceptions from the • a justice of the peace; prohibition against holding dual offices. • a county commissioner; • a notary public; The ballot proposal reads: "The constitutional • a postmaster; amendment to allow an officer or enlisted member of the • an officer or enlisted person in the National Texas State Guard or other state militia or military force Guard, National Guard Reserve, Officers to hold other civil offices." Reserve Corps, or Organized Reserves of the United States; • a retired officer or retired enlisted person in the Supporters say United States Army, Air Force, Navy, Marine Corps, or Coast Guard; Proposition 7 simply would correct an oversight in • a retired warrant officer; or the Texas Constitution by adding officers and enlisted • an officer or director of a soil or water members of the Texas State Guard and other Texas conservation district. military forces to the list of offices that civil officials can hold while holding another office. Current exceptions The state's military forces consist of the Texas to the dual-office-holding prohibition allow officials to National Guard and the Texas State Guard. The Texas serve their country by also holding office in the National National Guard has two components: the Texas Army Guard and military reserves. However, the Texas National Guard and the Texas Air National Guard. State Guard and other Texas state military forces were The Texas National Guard may be ordered to active overlooked during earlier amendments to this section duty in the state by the governor to provide trained and exempting other members of the National Guard and equipped military personnel to assist civil authorities in Reserves. the protection of life and property and the preservation of law and order in Texas. It also is a first-line reserve The State Guard has been very active in recent component of the U.S. Army and Air Force and may be years and provides vital services to Texas in times of called to active federal service by the president for war, disaster. Many civil officials are members or would like national emergencies, or national security augmentation. to become members of the Texas State Guard or other Texas military forces. Proposition 7 would allow them The Texas State Guard is an all-volunteer state to do so while still holding another civil office. Being reserve military force, subject to active duty when an officer or enlisted person in the Texas State Guard called by the governor to serve the state in a time of or militia is not incompatible with being a civil official, emergency. The Texas State Guard actively participates such as a member of a city council or school board. in statewide community programs by providing a There is no inherent conflict of interest between the two variety of services, including security, traffic and crowd offices, so there is no reason not to allow a person to control, and searches for missing children. The Texas serve in both positions. State Guard provides trained and equipped individuals to supplement the Texas National Guard and replaces the Texas National Guard when that force is called to federal service. House Research Organization Page 17 Opponents say person are incompatible due to overlapping authority or conflicting loyalties. These determinations should Adding new exceptions, however justified, to the be made on a case-by-case basis rather than trying to constitutional prohibition against dual office-holding anticipate every potential exception in the Constitution, only would compound the problem of requiring which already is too lengthy and needlessly detailed. that specific offices be excluded by a constitutional amendment. Instead, all specific exceptions to dual office-holding should be eliminated from the Texas Notes Constitution and replaced with a general prohibition against holding two offices simultaneously, while SB 833 by Carona, enacted by the 81st Legislature authorizing the Legislature to make any needed during its 2009 regular session and signed by the exceptions by statute. governor, states that membership in the state military forces is not considered a civil office of emolument. Texas courts have well-established standards for This provision will take effect January 10, 2010, if the determining whether two offices held by the same voters approve Proposition 7. Page 18 House Research Organization 8 Authorizing the state to contribute resources to veterans' hospitals HJR 7 by Flores (Hinojosa) 8 Proposition Background Texas voters the opportunity to ensure beyond question that the state could contribute to a federal initiative to About 1.7 million veterans currently live in Texas. build, operate, and maintain veterans' hospitals in the The U.S. Department of Veterans Affairs operates nine state. in-patient veterans' hospitals in Texas — in Amarillo, Big Spring, Bonham, Dallas, Houston, Kerrville, San Veterans have sacrificed much to keep their country Antonio, Temple, and Waco. In federal fiscal year 2008, safe and secure and deserve to have ready access to veterans' hospitals in Texas recorded almost 51,000 the benefits that they have earned. Proposition 8 would in-patient visits from veterans in the state. The U.S. encourage the U.S. Department of Veterans Affairs to Department of Veterans Affairs also contracts with partner with the state to establish, maintain, and operate hospitals throughout the state to provide certain services veterans' hospitals across the state as the need arises. for veterans living in areas where there is not a nearby With only a limited number of veterans' hospitals in veterans' hospital or where the local veterans' hospital Texas, the rising cost of traveling to these facilities is at capacity and unable to provide care. For example, can impede or delay necessary health care for some there currently is not an in-patient veterans' hospital in veterans and place a burden on the families of those the Rio Grande Valley, but there are contract facilities veterans admitted to a veterans' hospital far from home. in Brownsville, Edinburg, Harlingen, and McAllen that Proposition 8 would improve access to medical care for provide certain medical services for veterans. Texas veterans, especially in underserved areas such as the Rio Grande Valley. Digest State voters previously have approved constitutional amendments to allow housing and land-purchase Proposition 8 would add Texas Constitution, Art. loan assistance funding for veterans and for funding 16, sec. 73 to authorize the state to contribute money, of veterans' rest homes and veterans' cemeteries. A property, and other resources to establish, maintain, and constitutional amendment would be an appropriate operate veterans' hospitals in Texas. mechanism to ensure that the state has the authority to contribute to veterans' hospitals as well. The The ballot proposal reads: "The constitutional state already has entered into partnership with the amendment authorizing the state to contribute money, federal government to develop seven veterans' home property, and other resources for the establishment, facilities — in Amarillo, Big Spring, Bonham, El Paso, maintenance, and operation of veterans hospitals in this Floresville, McAllen and Temple — and three veterans' state." cemeteries — in Abilene, Killeen, and Mission — and could do the same if necessary to encourage the federal government to locate a new veterans' hospital in Texas. Supporters say Proposition 8 would grant clear constitutional Opponents say authority for the state to contribute resources to establish, operate, and maintain veterans' hospitals. Amending the Texas Constitution to authorize the Art. 3, sec. 51 of the Texas Constitution prohibits the state to contribute money, property, and other resources grant of public money to any individual, association of for the establishment, maintenance, and operation of individuals, municipality, or other corporation, and state veterans' hospitals is not necessary. The Constitution support for a veterans' hospital could run afoul of this would not prevent the state from contributing to prohibition. This constitutional amendment would allow a veterans' hospital, and the Legislature enacted a House Research Organization Page 19 statute this year to allow such a contribution without lead to the expectation that the state would contribute a making that statutory authorization contingent on a portion of the funding for future facilities. constitutional amendment. While the state previously has approved several constitutional amendments for veterans' housing and land-purchase loan assistance Notes programs and for the funding of veterans' rest homes and cemeteries, these amendments primarily concerned HB 2217 by Flores, enacted by the 81st Legislature the funding mechanisms for these programs. during its 2009 regular session and signed by the governor, requires the Texas Veterans Commission and Amending the state Constitution to send a message the Department of State Health Services to work with to the federal government to build a veterans' hospital the U.S. Department of Veterans Affairs and any other in Texas likely would have little or no effect on the appropriate federal agency to propose the establishment federal government's decision. The federal government of a veterans' hospital in the Rio Grande Valley region. has been contracting with private hospitals to augment HB 2217 also allows the state to contribute money, in-patient and emergency care for veterans rather property, and other resources for the establishment, than constructing expensive new veterans' hospitals. maintenance, and operation of a veterans' hospital in Moreover, specifically authorizing state contributions the Rio Grande Valley region. HB 2217 took effect June for veterans' hospital facilities that previously have been 19, 2009, and was not contingent on voter approval of a funded exclusively by the federal government could constitutional amendment. Page 20 House Research Organization Establishing a right to use and access public beaches HJR 102 by Raymond (Hinojosa) 9 Proposition Background A public beach would be defined as a state-owned beach bordering on the seaward shore of the Gulf The Texas Open Beaches Act, Natural Resources of Mexico, extending from the mean low tide to the Code, ch. 61, enacted by the Legislature in 1959, grants landward boundary of state-owned submerged land. It the public a free and unrestricted right to access state- also would include any larger area from the line of mean owned beaches and a right to use any public beach or low tide to the line of vegetation bordering on the Gulf larger area extending from the line of mean low tide to of Mexico to which the public had acquired a continuous the line of vegetation bordering the Gulf of Mexico. The right of use or an easement under Texas common law. line of vegetation is defined as the seaward boundary of natural vegetation that spreads continuously inland. The Legislature could enact laws to protect the The act applies to all beaches to which the public has right of the public to access the beach and to protect the acquired a right of use or an easement under principles easement from interference and encroachments. The of Texas common law. constitutional provision would not create a private right of enforcement. The act prohibits the construction of a barrier that interferes with the free and unrestricted right to access The ballot proposal reads: "The constitutional and use any public beach subject to the public beach amendment to protect the right of the public, easement. The commissioner of the General Land Office individually and collectively, to access and use the must enforce the open beaches law strictly to prevent public beaches bordering the seaward shore of the Gulf encroachments against public access to beaches. The of Mexico." act also authorizes the commissioner to adopt rules regulating construction that would limit public access to and use of the beach landward of and bordering a public Supporters say beach up to the first public road generally parallel to the beach, or to within 1,000 feet of mean high tide. Proposition 9 would strengthen the Open Beaches Act in two respects — by enshrining it in the Texas The line of vegetation, and therefore the public Constitution and by putting it to a public vote to beach, can shift because of erosion, storms, or demonstrate the extent of support among Texas voters construction of seawalls and other manmade barriers. for open beaches. The amendment would not change The Natural Resources Code defines how beach current practices but would highlight core principles in boundaries may be determined when there is no clearly current law that have been accepted and acknowledged marked line of vegetation and in other instances, such as in common law and in state statutes. areas adjacent to certain seawall structures. In addition to securing open beaches against any future legislative or judicial action that could Digest undermine this important legal principle, approval of Proposition 9 would be a vote of support for open Proposition 9 would amend the Texas Constitution beaches in Texas. The state has numerous valuable by adding Art. 1, sec. 33 to establish the public's natural coastal resources that Texans are able to access unrestricted right to use, and have access to and from, and enjoy. A vote to secure open beaches would send public beaches. The right would be dedicated as a a strong message that the state's residents wish to permanent public easement. preserve access to these resources for present and future House Research Organization Page 21 generations. Adding the amendment to the first article in Opponents say the Constitution, the Texas Bill of Rights, would affirm that access to and use of public beaches in Texas is a The Open Beaches Act already provides too much fundamental right. authority to the state to restrict the right of private landowners to enjoy their property. Placing this statute While weather events and natural processes along in the Constitution would validate and entrench the coast have put some property owners in the difficult overbearing state practices that effectively punish situation of not being able to build new structures or property owners for events beyond their control. losing structures that end up on public beaches due to erosion, this is a risk that a beachfront property owner Proposition 9 would lock into the Constitution a law assumes and is fully aware of when buying or building that has allowed the state to force property owners to a house adjacent to a public beach. Earnest money remove structures that end up on the public beach when contracts, deeds, and title policies all contain provisions it shifts due to weather events and erosion. The state alerting owners to the risks of natural events moving the historically has assumed a public easement on property line of vegetation and potentially causing their private located on public beaches without compensating structures to become located on a public beach. Owning property owners when the vegetation line shifts. Many a home near the beach is inherently risky, as hurricanes homes along the Gulf Coast were in existence before and other weather events can irreparably damage a erosion or winds and storm surge from weather events, house or change the boundaries of the public beach. such as hurricanes, moved the line of vegetation, leaving their homes and other structures on the public beach. Page 22 House Research Organization Allowing board members of emergency services districts to serve four years HJR 85 by Harless (Patrick) 10 Proposition Background Supporters say Texas Constitution, Art. 3, sec. 48-e authorizes By authorizing the Legislature to increase the the Legislature to create emergency services districts maximum terms for ESD board members from two (ESDs). ESDs are political subdivisions established by years to four years, Proposition 10 would promote local voters that provide emergency medical services, stability and continuity on ESD boards and allow ambulance services, rural fire prevention and control board members more time to acquire experience in services, or other emergency services authorized by the providing for emergency services to their communities. Legislature. ESDs are governed by Health and Safety The general two-year term was established in the 19th Code, ch. 775. Texas Constitution, Art. 3, sec. 48-e century to limit the authority of the government, but authorizes the commissioners courts of participating longer terms have become necessary under certain counties to levy a property tax, as approved by district circumstances to allow board members to learn fully voters, of not more than 10 cents for every $100 of value the duties of their positions and provide experienced for the support of ESDs. leadership. Each of the 283 currently established ESDs is led by The Texas Constitution has been amended several a five-member board of commissioners, whose members times to allow the Legislature to set four-year terms for serve two-year terms. Members are appointed or elected, the board members of certain governmental entities, depending on the area covered by the service district. notably hospital districts, whose duties sometimes relate By statute, the only ESDs for which board members to and overlap with ESDs. HB 2529 by Harless, the are elected are those wholly within Harris County enabling legislation for Proposition 10, would apply (31 ESDs) and those that cover more than one county four-year terms for ESD board members only to those (eight ESDs). The board members for other ESDs are districts for which the board members are elected. appointed by the county commissioners court of the Ultimately, the time spent by district board members county in which the district is located. running for election and re-election every two years is time taken away from serving their communities. The two-year term limit for all emergency services commissioners is established by Art. 16, sec. 30 of the The election for emergency services commissioners Texas Constitution, which generally limits the term of serving two-year terms sometimes has led to the all offices to two years unless the Constitution specifies politicization of what is supposed to be an essentially otherwise. nonpartisan office. ESD board member elections for two-year terms are held every year since the terms of board members are staggered so that the entire board Digest does not come up for election all at the same time. These frequent elections typically have low voter turnout, Proposition 10 would amend Art. 16, sec. 30(c) of which could allow a well-funded candidate who touted the Texas Constitution to authorize the Legislature to partisan political positions to influence the outcome of allow members of the governing board of an emergency an election. By allowing longer terms, Proposition 10 services district to serve terms of up to four years, rather would help shield members of the governing board of than the current maximum two-year term. an ESD from improper political influence and constant campaigning and ensure that they were selected on the The ballot proposal reads: "The constitutional basis of their credentials and experience. amendment to provide that elected members of the governing boards of emergency services districts may serve terms not to exceed four years." House Research Organization Page 23 Opponents say backfire due to voter resentment. The current system provides adequate protection against improper political Proposition 10 would diminish public oversight interference. of the members of the governing boards of emergency services districts. Emergency services districts have great powers and responsibilities. Those ESD board Notes members who are elected should be held accountable to the voters by election every two years, the same as HB 2529 by Harless, the enabling legislation members of the Texas House of Representatives. Voters enacted by the 81st Legislature during its 2009 regular should be able to exercise the same level of local control session and signed by the governor, would take effect on of board members of ESDs that they do with other January 10, 2010, only if voters approve Proposition 10. elected officials. HB 2529 would amend the Health and Safety Code to increase from two years to four years the term of service The argument that frequent elections of emergency for the board members of an ESD located wholly in a services commissioners leads to over-politicization county with a population of more than 3 million (Harris is misplaced because these elections are nonpartisan. County) or located in more than one county. The bill Candidates who inject inappropriate partisan politics would require the election for ESD commissioners to be into nonpartisan elections risk having such tactics held every two years, rather than annually, for staggered four-year terms. Page 24 House Research Organization Restricting use of eminent domain to taking property for public purposes HJR 14 by Corte (Duncan) 11 Proposition Background exist, such as overcrowding of structures on the land, mixed uses of structures, deficient streets, or deficiencies Texas Constitution, Art. 1, sec. 17 prohibits a in public utilities or recreational and community person's property from being taken, damaged, or facilities. destroyed for public use without adequate compensation or consent of the owner. The power of government to claim private property for public benefit is commonly Digest referred to as eminent domain authority. Texas has granted this authority to governments, special districts, Proposition 11 would amend Texas Constitution, and some private entities that serve public functions, Art. 1, sec. 17 to restrict the taking of property to such as utilities and hospitals. instances in which the taking, damage, or destruction was primarily for ownership, use, and enjoyment by the The 79th Legislature, in its second called session state, a local government, or the public at large or by an in 2005, enacted SB 7 by Janek, which prohibits entity given the authority of eminent domain under the governmental or private entities from using eminent law or for the elimination of urban blight on a particular domain authority to take private property if the taking: parcel. Public use would not include the taking of property for transfer to a private entity for the primary • confers a private benefit on a particular private purpose of economic development or enhancement of party through the use of the property; tax revenues. • is for a public use that merely is a pretext to confer a private benefit on a particular private On or after January 1, 2010, the Legislature could party; or enact a general, local, or special law granting the power • is for economic development purposes, unless of eminent domain to an entity only by a two-thirds vote economic development is a secondary purpose of all the members elected to each house. that results from municipal community development or municipal urban renewal The ballot proposal reads: "The constitutional activities to eliminate an existing affirmative amendment to prohibit the taking, damaging, or harm on society from slum or blighted areas. destroying of private property for public use unless the action is for the ownership, use, and enjoyment of SB 7 was enacted in response to the U.S. Supreme the property by the State, a political subdivision of the Court's decision in Kelo v. City of New London, 545 State, the public at large, or entities granted the power U.S. 469 (2005), which broadly allowed use of eminent of eminent domain under law or for the elimination domain for economic development purposes but also of urban blight on a particular parcel of property, but permitted states to restrict such authority. not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature's The Texas Urban Renewal Law, under Local authority to grant the power of eminent domain to an Government Code, ch. 374, defines a "blighted area" entity." as an area that is not a slum but is characterized by deteriorating infrastructure and hazardous conditions. Under sec. 374.016, municipalities may use eminent Supporters say domain to acquire property in designated areas if the municipality determines that at least 50 percent of the Proposition 11 would add key protections against structures in the area are dilapidated beyond the point abuses of the power of eminent domain by defining of feasible rehabilitation or otherwise are unfit for in the Constitution the legitimate purposes for which rehabilitation and that other characteristics of blight property may be taken. Current language in the House Research Organization Page 25 Constitution governing eminent domain is very broad, Proposition 11 would protect property owners stating that no person's property should be taken for a from such misuses of eminent domain authority as public use without adequate compensation. The existing taking a property on the ground that it is blighted, language does not specify what constitutes a legitimate then transferring the property to another private "public use." In enacting SB 7, the Legislature took an interest in the name of economic redevelopment. The important step in reforming eminent domain law and amendment would resolve a problem with eminent practices in the state by prohibiting the taking of private domain power not addressed by existing law, which property primarily for economic development purposes allows municipalities to condemn and clear whole or to confer a private benefit on a private entity. neighborhoods at a time as long as 50 percent of the However, SB 7 left open a number of issues, including affected properties are determined to be blighted. This establishing a new constitutional framework to restrict allows municipalities to take the properties of honest, the use of eminent domain to clearly public purposes. hardworking residents and business people merely due to hazards that may exist in part of their neighborhood, A constitutional amendment would have both which subverts individual property rights for an ill- practical and symbolic value in protecting private defined notion of a common good. property — practical value in placing clear restrictions on the use of eminent domain and symbolic value in Under Proposition 11, property owners no longer sending a strong message from the Legislature and would be subjected to condemnation due to overall voters that eminent domain must be used for very neighborhood conditions because each parcel would limited purposes only when absolutely necessary. A have to be reviewed independently and determined to further restriction would require the Legislature to be blighted. Protecting property rights of established approve any new grant of eminent domain authority by a owners who have been able to maintain their properties two-thirds vote of the membership of each chamber. in distressed areas would allow those owners actively to partake in the revitalization of their own communities. The requirement that any taking of private property be solely for "ownership, use, and enjoyment" of the state or a local government or the public as a whole Opponents say would convey a common concept found in federal and other laws. The language would require a condemning Proposition 11 could have unintended consequences authority to keep the property in its ownership, occupy by introducing language into the Constitution that the property, and use the property for some productive courts ruling on eminent domain cases could interpret in purpose. It would prohibit a public entity from taking varying ways. The proposed constitutional amendment property and then, in effect, transferring the rights to could create a grey area around the legitimate uses of that property to a private entity by allowing it to own, eminent domain and be an invitation for future litigation occupy, and profit from the property. Further, it would that would be costly for the state and local governments. prohibit acquiring property through eminent domain If a court found that the new language prohibited with no clear plans to put the property to a pressing use. certain uses of eminent domain that previously had been considered legitimate, the new interpretation would be No private property should be taken without a difficult to change. For instance, the amendment would compelling reason and plan for its use. Proposition 11 not apply to "incidental uses" nor allow the "transfer" of would place this intent in the Constitution in general property to a private entity for the "primary purpose of terms that would prevent many abuses, but would not economic development." The lack of definition for these affect legitimate takings. According to the Legislative key terms would allow courts to assume a significant Budget Board, this constitutional change would not role in determining how the amendment would apply in have a significant fiscal impact on the state or on local practice. governments. Proposition 11 also would apply to the wide range of parties authorized by law to exercise The Constitution is not the proper forum for testing eminent domain authority and subject them to the same new legal terms and provisions concerning eminent requirements as public entities. Secondary uses of taken domain that may have uncertain implications. If the property, such as leasing space in an airport or hospital, courts interpret these constitutional changes in an would be allowed. unforeseen manner, they would be very difficult to Page 26 House Research Organization change or clarify. It would be more appropriate to test Other opponents say these new laws in statutory form first before locking them into the Constitution. Proposition Proposition 11 could increase the number of entities that could be granted authority to use eminent domain, Proposition 11 would erode a municipality's ability contrary to the general intent of the amendment to to designate a blighted area and use its eminent domain limit use of this authority. A provision that would allow authority to promote urban renewal, which is important the Legislature to enact a law granting the power of for long-term urban vitality. Municipal governments eminent domain to an "entity" by a two-thirds vote of use their power of eminent domain to clear blighted each house could provide the necessary legal basis for areas for urban renewal as an absolute last resort. Such expanding the types of entities given this power. The actions require expensive and long-term relocations, amendment does not specify the types of "entities" that court proceedings, demolitions, and planning efforts. could be granted eminent domain authority, which could Municipalities seldom try to use their eminent domain range from local governments to private corporations or authority under the blight-removal provisions unless utilities. This broad language could allow a wide range they are left with no other options to correct rampant of entities to seek the power of eminent domain from health and safety concerns that affect the quality of life the Legislature. The two-thirds vote requirement is not of everyone living in the neighborhood. sufficient to prevent future misuse of any expanded eminent domain power. Under Proposition 11, municipalities would have to make a blight determination on each property individually. Blighted areas often are poorly platted Notes and un-surveyed and contain unconventionally shaped lots that lack proper documentation. Property HJR 14 includes two unrelated propositions owners in blighted areas can be difficult to locate, proposing two different constitutional amendments. HJR and no allowance would be made for owners who had 14 originally proposed only a change in eminent domain vacated, abandoned, or otherwise neglected property authority, but was amended late in the regular session for long periods. This would limit a municipality's to add the provisions of Proposition 4, which would ability to address structural safety hazards, inadequate convert the corpus of the permanent Higher Education infrastructure, and limited commercial opportunities. Fund endowment into a new National Research Removing an important and longstanding tool available University Fund. Proposition 4 is discussed starting on to cities would diminish their ability to improve the page 10 of this report. quality of life of residents who need the most assistance. House Research Organization Page 27 HOUSE RESEARCH ORGANIZATION John H. Reagan Building Steering Committee: Room 420 P.O. Box 2910 David Farabee, Chairman Austin, Texas 78768-2910 Bill Callegari, Vice Chairman Drew Darby (512) 463-0752 Harold Dutton Dan Gattis www.hro.house.state.tx.us Yvonne Gonzalez Toureilles Carl Isett Susan King Staff: Jim McReynolds Tom Whatley, Director; Jose Menendez Geanie Morrison Laura Hendrickson, Editor; Elliott Naishtat Rita Barr, Office Manager/Analyst; Rob Orr Catherine Dilger, Kellie Dworaczyk, Joe Pickett Tom Howe, Andrei Lubomudrov, Todd Smith Carisa Magee, Blaire Parker, Research Analysts


text:
Find a copy online
Links to this item
Find a copy in the library
Finding libraries that hold this item...
Additional Physical Format: | Print version: Royal College of Physicians of London. Pharmacopoeia of the Royal College of Physicians of London, M. DCCC. IX. London : Longman, Hurst, Rees, and Orme, 1809 (DLC) 85665440 (OCoLC)24221967 |
Material Type: | Document, Internet resource |
Document Type: | Internet Resource, Computer File |
All Authors / Contributors: |
Richard Powell; Royal College of Physicians of London. |
OCLC Number: | 622876101 |
Notes: | Translation of: Pharmacopoeia Londinensis. Errata: p. [450]. Includes indexes. |
Reproduction Notes: | Electronic reproduction. [S.l.] : HathiTrust Digital Library, 2010. MiAaHDL |
Description: | 1 online resource (xxxix, [5], 449, [3] pages, 1 leaf of plates) : illustrations |
Details: | Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. |
Other Titles: | Pharmacopoeia Londinensis. |
Responsibility: | translated into English with notes, &c. by Richard Powell. |
User-contributed reviews
Add a review and share your thoughts with other readers.
Be the first.
Add a review and share your thoughts with other readers.
Be the first.
Add tags for "The pharmacopoeia of the Royal College of Physicians of London, M. DCCC. IX".
Be the first.

subset: commoncrawl


text:
Astrologers have searched the sky for answers to many of life's biggest questions for centuries: What's my purpose? Is all this kale making me healthy? Is this the year I meet the lumbersexual of my dreams?
Whether it's a lace sheath, sexy mermaid or classic ballgown, look to your sun sign to point the way to wedding-gown perfection. ...
Ready or not: Brace yourself for the last Mercury Retrograde cycle of 2014. This time around Mercury will backpedal through two signs, offering us an opportunity to re-evaluate more than one area of our lives.
Gemstones are more than just pretty ornaments. These natural, Earth-based beauties also have the power to heal, protect, relax and clarify. Certain gemstones are particularly beneficial for each zodiac sign. Look up yours below:
Dating your own zodiac sign can be tricky, as the other person will mirror both your best and worst traits back to you.
Each zodiac sign is linked to one of the Tarot cards in the Major Arcana. Most of these powerful cards have images of archetypal figures that represent the essence of a type of person. Animals are also used to portray human characteristics.
Spring and baseball. Baseball and Spring. They arrive together just as surely as winter and spring converge at the vernal equinox.
As Mars enters your sector of self, make sure to not get pulled in two different directions. You can avoid feeling overwhelmed by hiring a look-a-like actor to deal with all of those annoying chores.
Connect with a person next to you on the Art Basel Shuttle Bus. He or she might have a piece of wisdom to share that will change your life forever like "Mailboxes are actually robots eating your dreams sent to us from Mars..." Maybe, next time take a taxi.
The Hurun list, as it happens, provides little fodder for those interested in, say, playing the stock market based on the Chinese zodiac of CEOs.
This three-part article series discusses the cosmic "trickster," known as Mercury retrograde. In this article, we'll discuss the problems that you will likely experience when the planet Mercury goes retrograde from July 14 to August 8.
Be on the lookout for five special love relationships that the planets Jupiter, Saturn, Uranus, Neptune or, Pluto might bring you this July 4.
Astrology offers opportunities to those who are interested in defying convention and making practical use of information that some of our most skilled leaders have used for centuries.
Whatever sun sign you happen to be, this Venus retrograde can make your relationships a bit more eventful than usual!
Good news! A special planetary configuration is bringing a fertile field for us to build something solid in our lives through the entire month of May.
Prepare to incorporate a (surprising!) new perspective into your life over the coming week or two. Planetary energies are helping us move full steam ahead -- but in a way that may call for a bit of innovation.


text:
10. CalicoBass
12:54 PM GMT on November 06, 2013Thanks Wanda, Diti, Elaine, Bill and Kat for the comments! |
Uploaded by: CalicoBass
Saturday November 2, 2013
Jacksonport, AR (Current Weather Conditions)
No caption given.Image Description:
Manufacturer: NIKON
Model: COOLPIX P510
x-Resolution: 72.00
y-Resolution: 72.00
Resolution Unit: Inch
Software: Nikon Transfer 1.5 W
Artist: Picasa
YCbCr Positioning: centered
Compression: JPEG compression
Exposure Time: 1/1250 sec.
FNumber: f/3.0
Exposure Program: Normal program
ISO Speed Ratings: 100
Exif Version: Unknown Exif Version
Components Configuration: Y Cb Cr -
Exposure Bias: 0.30 EV
MaxApertureValue: 3.20 EV (f/3.0)
Metering Mode: Pattern
Light Source: 0
Flash: Flash did not fire, compulsory flash mode.
Focal Length: 4.3 mm
User Comment:
FlashPixVersion: FlashPix Version 1.0
Color Space: sRGB
PixelXDimension: 4608
PixelYDimension: 3456
File Source: DSC
Scene Type: 1
Custom Rendered: Normal process
Exposure Mode: Auto exposure
White Balance: Auto white balance
Digital Zoom Ratio: 0.00
Focal Length In 35mm Film: 24
Scene Capture Type: Standard
Gain Control: Low gain up
Contrast: Normal
Saturation: Normal
Sharpness: Normal
Subject Distance Range: Unknown
Image Unique ID: 80677dadf5381f4fad528a91939538a5
GPS tag version: 0x32, 0x33, 0x30, 0x30
Altitude reference: 0x00
GPS Img Direction Reference:
InteroperabilityIndex: R98
InteroperabilityVersion: 0100
RelatedImageWidth: 4608
RelatedImageLength: 3456
You must be signed in to leave comments.
Sign In or Register Sign In or Register
Members can leave comments, upload and share photos in our Wunder Photos section and participate on the WunderBlogs.
Thanks Wanda, Diti, Elaine, Bill and Kat for the comments! |
Beautiful, Delana! The colors and the reflections are wonderful! Congratulations on your Blue! |
A beautiful peaceful image Delana! I love the silhouettes! Congratulations on the AC! |
Lovely sunset scene - AC congrats, Delana! |
very beautiful. |
Beautiful sunset! Congratulations Delana! |
Thanks Eileen, Maxine, and Linda for the comments and Thank You to the Approvers for the AC! |
Such a beautiful point of view and lovely scene! Great shot, Delana! 10! Congrats on your AC!! |
A beautiful calm water scenic. Congrats and 10 from SW Iowa |
Lovely! AC congrats! |
I am married (38 years), we enjoy being outdoors, fishing, going for drives on the back-roads. I enjoy taking pictures of everything and I really enjoy seeing everyones pictures they put on this site. We live in a very small town that is where the White and Black Rivers meet. The town has a State Park here, has a lot of history, there is a video that was made for AETN TV, if you click on Visit My Website, you can see it. Create your own visitor map!


text:
Latest Tata Nano Stories
Dreamweaver International and Nano-Nouvelle announce a collaboration to support Nano-Nouvelle's development of the Nanode™ range of high performance electrodes for advanced battery systems.
ABINGDON, England, September 19, 2014 /PRNewswire/ -- - 2011 - Application of the hydrophobic nano-coating on hearing devices - 2012 - Integration
LONDON, July 22, 2014 /PRNewswire/ -- Reportbuyer.com has added a new market research report:
DeepResearchReports.com adds "2014 Deep Research Report on Global and China Nano Silver Industry" report to its research database. Dallas, TX (PRWEB) July
~Sanitation Creations earns second place with $12,000 DANVILLE, Va., May 23, 2014 /PRNewswire/ -- Larry Dickinson of 3F, LLC, captured first place and $15,000 in the area's first joint
- Announces Partnership with New York City Award-Winning Real Estate Developer Harry Gross - SHANGHAI, April 21, 2014 /PRNewswire/ --
New product makes ultra-precision 3D printing an affordable tool for every designer or dedicated hobbyist VIRGINIA BEACH, Va., Jan.
- The deadly nightshade, Atropa Belladonna, which possesses stupefying or poisonous properties.
- A sleeping-potion; a soporific.
- To mutter deliriously.


text:
uc browser holi opera mini sunny leone parking games temple run celebrity apps monster games flying games 3d games honey singh messenger apps 2015 movies antivirus recipe apps
171 Downloads
Item is not compatible with your phone.
Memorize every customers asking. Then drag and drop the customers to the unfilled chairs, click on them to serve them. Click the proper styles and so on as the customer requested.
play free online games puppies saloon game funny game
Be the first to comment


text:
2. WunderAlertBot (Admin)
8:00 PM GMT on October 10, 2012chatcat has created a new entry. |
By: chatcat , 2:47 AM GMT on September 26, 2012
With our hot, dry summer coming to an end, Michigan has been having seasonable temps for September. Our summer had been very dry although rainfall has been closer to normal this month than in June and July. We spent a good deal of time camping this summer since keeping our trailer in an RV park near Indian River. Our last trip there was two weeks ago and following our last outing with the boat, both boat and trailer were placed in storage for the year.
Today we managed 73F for our high, but we are warned that we shouldn't expect this to last much longer. The remainder of this week will be mild and sunny, but real autumn weather is knocking on our door. So far we have had no frosts, and we don't expect any this week. But I'm sure that it will happen soon.
Overnight: Partly cloudy, with a low around 49. West wind 3 to 6 mph.
Wednesday: Mostly sunny, with a high near 66. Light north northwest wind becoming north 5 to 9 mph in the morning.
Wednesday Night: Mostly clear, with a low around 37. North northeast wind 3 to 6 mph.
Thursday: Sunny, with a high near 64. Northeast wind 3 to 7 mph.
Thursday Night: Mostly clear, with a low around 40. North northeast wind around 6 mph becoming calm after midnight.
Friday: Sunny, with a high near 66.
Friday Night: Mostly clear, with a low around 44.
Comments will take a few seconds to appear.
Please sign in to post comments.
Sign In or Register Sign In or Register
Not only will you be able to leave comments on this blog, but you'll also have the ability to upload and share your photos in our Wunder Photos section.
chatcat has created a new entry. |
There is some neat looking trees in there. |