Constitutional Amendment Election Voter Guide - 11/2/2021
By Scott Jones
***Our Texas Constitutional Amendment Election is November 2, 2021. Early voting opens on October 18 and ends on October 29. Make sure to look up the locations to vote and the hours on the website of your local county elections department. Don’t forget to vote in this important election.
Why Do We Vote for Constitutional Amendments? — Christians Engaged
Proposition 1 (HJR 143)
Ballot Description: The constitutional amendment authorizing the professional sports team charitable foundations of organizations sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association to conduct charitable raffles at rodeo venues.
Key Points:
Allows two charities (PRCA or WPRA) to conduct raffles at their events.
Summary: HJR 143 proposes a constitutional amendment expanding the circumstances in which a professional sports team charitable foundation may conduct raffles to raise money for the foundation’s charitable purposes. The proposed amendment would allow professional sports team charitable foundations of organizations sanctioned by the Professional Rodeo Cowboys Association or the Women’s Professional Rodeo Association to hold charitable raffles at rodeo events.
Biblical Principles:
Luke 12:33: “Sell your possessions and give to charity; make yourselves money belts which do not wear out, an unfailing treasure in heaven, where no thief comes near nor moth destroys.
Galatians 2:10: They only asked us to remember the poor—the very thing I also was eager to do.
1 Corinthians 13:3: And if I give all my possessions to feed the poor, and if I surrender my body to be burned, but do not have love, it profits me nothing
2 Corinthians 9:7: Each one must do just as he has purposed in his heart, not grudgingly or under compulsion, for God loves a cheerful giver.
Job 6:27: “You would even cast lots for the orphans, And barter over your friend.
Proverbs 23:4: Do not weary yourself to gain wealth, Cease from your consideration of it.
Proverbs 28:22: A man with an evil eye hastens after wealth And does not know that want will come upon him.
Proposition 2 (HJR 99)
Ballot Description: The constitutional amendment authorizing a county to finance the development or redevelopment of transportation or infrastructure in unproductive, underdeveloped, or blighted areas in the county.
Key Points:
Allows counties to finance development using debt.
Allows counties to repay the debt with increases in property tax.
Limits the repayment to 65% of the increase in ad valorem tax each year.
Extends the same right to issue bonds and notes that incorporated cities and towns have to the county.
Prohibits counties from using this debt to construct or operate a toll road.
Summary: HJR 99 proposes a constitutional amendment allowing the legislature to authorize a county to issue bonds or notes to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area within the county and to pledge for repayment of those bonds or notes increases in property tax revenues imposed on property in the area by the county. The Texas Constitution gives the legislature the power to authorize an incorporated city or town to issue such bonds or notes but does not expressly give the legislature the power to grant that same authority to counties. The proposed amendment also provides that a county that issues bonds or notes for transportation improvements may not pledge for the repayment of those bonds or notes more than 65 percent of the increases in ad valorem tax revenues each year, and a county may not use proceeds from the bonds or notes to finance the construction, operation, maintenance, or acquisition of rights-of-way of a toll road.
Biblical Principles:
Deuteronomy 15:6: For the Lord your God will bless you as He has promised you, and you will lend to many nations, but you will not borrow; and you will rule over many nations, but they will not rule over you.
Deuteronomy 28:12: and you shall lend to many nations, but you shall not borrow.
Proverbs 22:7: The rich rules over the poor, And the borrower becomes the lender’s slave.
Proverbs 22:26: Do not be among those who give pledges, Among those who become guarantors for debts.
Luke 20:25: And He said to them, “Then render to Caesar the things that are Caesar’s, and to God the things that are God’s.
Romans 13:7a: Render to all what is due them: tax to whom tax is due.
Proposition 3 (SJR 27)
Ballot Description: The constitutional amendment to prohibit this state or a political subdivision of this state from prohibiting or limiting religious services of religious organizations.
Key Points:
Bars state and other political subdivisions within the state from prohibiting or limiting religious services in places of worship.
Reinforces the protections of Amendment I of the U.S. Constitution and Article 1, section 6 of the Texas Constitution by making the prohibition binding on governmental entities.
Summary: SJR 27 proposes a constitutional amendment barring the State of Texas or a political subdivision from enacting, adopting, or issuing a statute, order, proclamation, decision, or rule that prohibits or limits religious services. The proposed amendment would apply to religious services, including those conducted in churches, congregations, and places of worship, in the state by a religious organization established to support and serve the propagation of a sincerely held religious belief.
Biblical Principles:
Luke 20:25: And He said to them, “Then render to Caesar the things that are Caesar’s, and to God the things that are God’s.
Acts 5:29: But Peter and the apostles answered, “We must obey God rather than men.
Proposition 4 (SJR 47)
Ballot Description: The constitutional amendment changing the eligibility requirements for a justice of the supreme court, a judge of the court of criminal appeals, a justice of a court of appeals, and a district judge.
Key Points:
Requires judges to be trained in the law and experienced in the courtroom.
Sets minimum character requirements for judges – that their license to practice law has not been revoked, suspended, or subject to a probated suspension.
Summary: SJR 47 proposes a constitutional amendment changing certain eligibility requirements for a justice of the Supreme Court, a judge of the Court of Criminal Appeals, a justice of a court of appeals, and a district judge. The proposed amendment provides that a person is eligible to serve on the Supreme Court if the person, among other qualifications, is licensed to practice law in Texas; is a resident of Texas at the time of election; has been either a practicing lawyer licensed in Texas for at least ten years or a practicing lawyer licensed in Texas and a judge of a state court or county court established by the legislature for a combined total of at least ten years; and during that time has not had the person’s license to practice law revoked, suspended, or subject to a probated suspension. The same eligibility requirements would apply to a judge of the Court of Criminal Appeals and to a justice of a court of appeals. The proposed amendment further provides that to be eligible for appointment or election as a district judge, a person must be a resident of Texas; be licensed to practice law in Texas; and have been a practicing lawyer or a judge of a court in Texas, or both combined, for eight years preceding the person’s election, during which time the person’s license to practice law has not been revoked, suspended, or subject to a probated suspension.
Biblical Principles:
Exodus 18:21: Furthermore, you shall select out of all the people able men who fear God, men of truth, those who hate dishonest gain; and you shall place these over them as leaders of thousands, of hundreds, of fifties and of tens.
2 Chronicles 19:6-7: He said to the judges, “Consider what you are doing, for you do not judge for man but for the Lord who is with you when you render judgment. Now then let the fear of the Lord be upon you; be very careful what you do, for the Lord our God will have no part in unrighteousness or partiality or the taking of a bribe.”
Proverbs 22:29: Do you see a man skilled in his work? He will stand before kings; He will not stand before obscure men.
Proverbs 24:23: These also are sayings of the wise. To show partiality in judgment is not good.
1 Corinthians 6:4: So if you have law courts dealing with matters of this life, do you appoint them as judges who are of no account in the church?
Proposition 5 (HJR 165)
Ballot Description: The constitutional amendment providing additional powers to the State Commission on Judicial Conduct with respect to candidates for judicial office.
Key Points:
This proposition extends the powers of the State Commission on Judicial Conduct over sitting judges to apply to candidates for a state judicial office.
As it stands the SCJC cannot investigate a candidate, but only after he or she becomes a judge.
Summary: HJR 165 proposes a constitutional amendment allowing the State Commission on Judicial Conduct (SCJC) to accept complaints or reports, conduct investigations, and take any other authorized action with respect to a candidate for a state judicial office. Currently, the Texas Constitution only permits the SCJC to take such actions as to persons holding a judicial office.
Biblical Principles:
2 Chronicles 19:6-7: He said to the judges, “Consider what you are doing, for you do not judge for man but for the Lord who is with you when you render judgment. Now then let the fear of the Lord be upon you; be very careful what you do, for the Lord our God will have no part in unrighteousness or partiality or the taking of a bribe.”
Psalm 82:2: How long will you judge unjustly, And show partiality to the wicked? Proverbs 24:23: These also are sayings of the wise. To show partiality in judgment is not good.
1 Corinthians 5:13: But those who are outside, God judges. Remove the wicked man from among yourselves.
Proverbs 24:23: These also are sayings of the wise. To show partiality in judgment is not good.
Proposition 6 (SJR 19)
Ballot Description: The constitutional amendment establishing a right for residents of certain facilities to designate an essential caregiver for in-person visitation.
Key Points:
Allows individuals in nursing homes or similar care facilities to designate an essential caregiver.
The facility may not prohibit visitation by the essential caregiver.
Authorizes the legislature to provide guidelines for essential caregiver visitation policies and procedures.
During the COVID 19 pandemic, many elderly were left alone for extended periods of time because the facilities would not allow relatives and other caregivers to visit them.
Summary: SJR 19 proposes a constitutional amendment establishing that residents of certain facilities have the right to designate an essential caregiver with whom the facility may not prohibit in-person visitation. The proposed amendment would apply to a nursing facility, assisted living facility, intermediate care facility for individuals with an intellectual disability, residence providing home and community-based services, or state supported living center. The proposed amendment also would authorize the legislature to provide guidelines for these facilities to follow in establishing essential caregiver visitation policies and procedures.
Biblical Principles:
Psalm 25:16: Turn to me and be gracious to me, For I am lonely and afflicted.
Matthew 25:37-40: Then the righteous will answer Him, ‘Lord, when did we see You hungry, and feed You, or thirsty, and give You something to drink? And when did we see You a stranger, and invite You in, or naked, and clothe You? When did we see You sick, or in prison, and come to You?’ The King will answer and say to them, ‘Truly I say to you, to the extent that you did it to one of these brothers of Mine, even the least of them, you did it to Me.’
Proposition 7 (HJR 125)
Ballot Description: The constitutional amendment to allow the surviving spouse of a person who is disabled to receive a limitation on the school district ad valorem taxes on the spouse's residence homestead if the spouse is 55 years of age or older at the time of the person's death.
Key Points:
Current law provides a limitation on school district property taxes for a person who is disabled.
This proposition extends the limitation on school district property to a surviving spouse of a person with a disability, if the spouse is 55 or older.
Summary: HJR 125 proposes a constitutional amendment permitting a person who is 55 years of age or older at the time of death of their spouse who is receiving a limitation on school district property taxes on their residence homestead on the basis of a disability to continue receiving the limitation while the property remains the surviving spouse’s residence homestead.
Biblical Principles:
Luke 20:25: And He said to them, “Then render to Caesar the things that are Caesar’s, and to God the things that are God’s.
Luke 20:46-47: “Beware of the scribes, who like to walk around in long robes, and love respectful greetings in the market places, and chief seats in the synagogues and places of honor at banquets, who devour widows’ houses, and for appearance’s sake offer long prayers. These will receive greater condemnation.”
Romans 13:7a: Render to all what is due them: tax to whom tax is due.
1 Timothy 5:3: Honor widows who are widows indeed.
1 Timothy 5:9: A widow is to be put on the list only if she is not less than sixty years old, having been the wife of one man… (context is the Church)
Proposition 8 (SJR 35)
Ballot Description: The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed or fatally injured in the line of duty
Key Points:
Exempts the residence of a surviving spouse of a member of the armed services who is killed in the line of duty from property taxes.
Currently this exemption applies to the spouse of a servicemember killed in combat.
This amendment extends this exemption to the spouse of servicemembers killed in the line of duty, but not in combat.
Summary: SJR 35 proposes a constitutional amendment authorizing the legislature to exempt from ad valorem taxation all or part of the market value of the residence homestead of the surviving spouse of a member of the United States armed services who is killed or fatally injured in the line of duty. The Texas Constitution provides a property tax exemption to the surviving spouse of a member of the armed services who is killed in action, but the current exemption does not include members of the military who die during their service due to injuries sustained that are not combat-related.
Biblical Principles:
Luke 20:25: And He said to them, “Then render to Caesar the things that are Caesar’s, and to God the things that are God’s.
Luke 20:46-47: “Beware of the scribes, who like to walk around in long robes, and love respectful greetings in the market places, and chief seats in the synagogues and places of honor at banquets, who devour widows’ houses, and for appearance’s sake offer long prayers. These will receive greater condemnation.”
Romans 13:7a: Render to all what is due them: tax to whom tax is due.
1 Timothy 5:3: Honor widows who are widows indeed.
1 Timothy 5:9: A widow is to be put on the list only if she is not less than sixty years old, having been the wife of one man… (context is the Church)
FULL TEXT: To obtain the full text of any proposed amendment, go to Texas Legislature Online (https://capitol.texas.gov/Home.aspx ) and search by Legislature: 87(R) - 2021, and the Bill Number (e.g. HJR 143). The full text of the bill is available as a pdf. There will be multiple versions – you will want the final (enrolled) version.
***Our Texas Constitutional Amendment Election is November 2, 2021.
Early voting opens on October 18 and ends on October 29, 2021.
Make sure to look up the locations to vote and the hours on the website of your local county elections department.
Don’t forget to vote in this important election.
Read our blog on Why We Vote on Constitutional Amendments in Texas.
For policy analysis on each amendment - please see the guide by our friends at Texas Eagle Forum Educational Foundation.