The overview
“This is an opportunity to make your voice heard about the governing document of our state,” Secretary of State Jane Nelson said in a June 25 statement.
Texas’ constitutional amendment elections typically occur after a legislative session, with voters approving 13 of 14 state propositions in November 2023.
The secretary of state’s office randomly selected the ballot order for the 17 state propositions. Keep reading to learn about the proposed constitutional amendments and how they would change Texas law.
Proposition 1: Texas State Technical College funding
Ballot language: “The constitutional amendment providing for the creation of the permanent technical institution infrastructure fund and the available workforce education fund to support the capital needs of educational programs offered by the Texas State Technical College System.”
What it’s asking: Senate Joint Resolution 59 would create two new funds to support the Texas State Technical College System, which has campuses statewide. The money would be managed by the state comptroller and used by the system’s board of regents to purchase books and materials; construct and repair buildings; and acquire equipment or land.
If the constitutional amendment is approved, up to $52 million could be appropriated this year.
Proposition 2: Ban on capital gains taxes
Ballot language: “The constitutional amendment prohibiting the imposition of a tax on the realized or unrealized capital gains of an individual, family, estate, or trust.”
What it’s asking: Senate Joint Resolution 18 would prohibit the Texas Legislature from imposing any future taxes on capital gains, which is income received from selling an asset. Texas does not currently have such a tax.
Proposition 3: Tightening bail rules
Ballot language: “The constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.”
What it’s asking: Senate Joint Resolution 5 would require judges to deny bail for certain felony offenses, keeping more defendants in jail as they await trial. If voters approve the proposition, judges across Texas would be required to deny bail to defendants accused of:
- Murder or capital murder
- Aggravated assault, kidnapping, robbery or sexual assault
- Indecency with a child
- Human trafficking
Currently, nearly everyone has the right to be released on bail under the Texas Constitution, except for those charged with capital murder or people accused and convicted of multiple violent felonies. The state constitution also prohibits “excessive bail or fines” and guarantees defendants’ rights to a speedy jury trial.
Proposition 4: Water supply funding
Ballot language: “The constitutional amendment to dedicate a portion of the revenue derived from state sales and use taxes to the Texas water fund and to provide for the allocation and use of that revenue.”
What it’s asking: House Joint Resolution 7 asks voters to send $1 billion annually in sales tax revenue to the Texas Water Fund, a state account created in 2023 to help finance water projects.
If voters approve the constitutional amendment, the state would move $20 billion in total to the fund from 2027-47. Half of that money would be spent on new water supply projects, and it could also be used to repair existing water systems, invest in flood infrastructure and desalinate—or remove salt and other minerals from—seawater and groundwater.
The Texas Water Development Board’s state water plan, which was published in 2021, estimates that about 51.5 million people will live in Texas by 2070. In that period, demand for water is expected to increase by 9% and existing water supplies are projected to decline by 18%, according to the plan.
State lawmakers found that “the projected shortfall could be underestimated” due to substantial population growth and increased droughts since 2021.
Proposition 5: Animal feed tax exemption
Ballot language: “The constitutional amendment authorizing the legislature to exempt from ad valorem taxation tangible personal property consisting of animal feed held by the owner of the property for sale at retail.”
What it’s asking: House Joint Resolution 99 would allow state lawmakers, in a future legislative session, to create a property tax exemption for stores that sell animal feed.
Proposition 6: Ban on securities transaction taxes
Ballot language: “The constitutional amendment prohibiting the legislature from enacting a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.”
What it’s asking: House Joint Resolution 4 would bar lawmakers from imposing taxes on the purchase and sale of financial assets—known as securities transactions—or requiring financial market operators to pay an “occupation tax” to conduct business.
Texas currently charges an occupation tax for companies that perform certain services for oil and gas wells.
Proposition 7: Tax exemption for military spouses
Ballot language: “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 veteran who died as a result of a condition or disease that is presumed under federal law to have been service-connected.”
What it’s asking: House Joint Resolution 133 would allow lawmakers to create a future property tax exemption for the surviving spouse of a veteran who died from an illness related to their military service.
Proposition 8: Ban on death taxes
Ballot language: “The constitutional amendment to prohibit the legislature from imposing death taxes applicable to a decedent's property or the transfer of an estate, inheritance, legacy, succession, or gift.”
What it’s asking: House Joint Resolution 2 would prohibit the legislature from imposing future taxes on a deceased person’s estate or an inheritance passed to their heirs. Neither tax currently exists in Texas.
Proposition 9: Business tax exemption
Ballot language: “The constitutional amendment to authorize the legislature to exempt from ad valorem taxation a portion of the market value of tangible personal property a person owns that is held or used for the production of income.”
What it’s asking: House Joint Resolution 1 would exempt up to $125,000 of businesses’ personal property, such as equipment, furniture and vehicles, from taxation. Texas business owners currently receive a tax exemption on property worth $2,500 or less.
State lawmakers estimated that the average small business owner would save about $2,500 per year if the proposition is approved.
Proposition 10: Tax exemption for homes destroyed by fire
Ballot language: “The constitutional amendment to authorize the legislature to provide for a temporary exemption from ad valorem taxation of the appraised value of an improvement to a residence homestead that is completely destroyed by a fire.”
What it’s asking: Senate Joint Resolution 84 would allow a future state legislature to create a property tax exemption for someone rebuilding a home after it is completely destroyed in a fire.
Proposition 11: Tax exemption for elderly and disabled homeowners
Ballot language: “The constitutional amendment authorizing the legislature to increase the amount of the exemption from ad valorem taxation by a school district of the market value of the residence homestead of a person who is elderly or disabled.”
What it’s asking: Senate Joint Resolution 85 asks voters to raise the property tax exemption for homeowners who are over 65 years old or have a disability to $200,000, up from $110,000 today. The exemption would apply only to taxes charged by public schools, which make up the majority of an average homeowner’s property tax bill.
Proposition 12: Judicial oversight
Ballot language: “The constitutional amendment regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission's recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.”
What it’s asking: Senate Joint Resolution 27 would rework the 13-member State Commission on Judicial Conduct to include six judges appointed by the Texas Supreme Court and seven citizens appointed by the governor. The proposition would also tweak the commission’s authority to discipline judges.
Proposition 13: Increasing the homestead exemption
Ballot language: “The constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district from $100,000 to $140,000.”
What it’s asking: Senate Joint Resolution 2 would raise the property tax exemption on a Texas homeowner’s main residence, known as a homestead exemption, from $100,000 to $140,000. The exemption would apply only to taxes charged by public schools, which make up the majority of an average homeowner’s property tax bill.
Proposition 14: State dementia research institute
Ballot language: “The constitutional amendment providing for the establishment of the Dementia Prevention and Research Institute of Texas, establishing the Dementia Prevention and Research Fund to provide money for research on and prevention and treatment of dementia, Alzheimer's disease, Parkinson's disease, and related disorders in this state, and transferring to that fund $3 billion from state general revenue.”
What it’s asking: Senate Joint Resolution 3 would create the Dementia Prevention and Research Institute of Texas, asking voters to authorize $3 billion in funding to launch the institute. An additional $300 million would be available for dementia-related research grants.
The institute would be similar to the Cancer Prevention and Research Institute of Texas, which was established in 2009.
Proposition 15: Parental rights
Ballot language: “The constitutional amendment affirming that parents are the primary decision makers for their children.”
What it’s asking: Senate Joint Resolution 34 would add language to the Texas Constitution stating that parents have the right to “exercise care, custody and control” of their children and determine how to raise them.
Proposition 16: Requiring citizenship to vote
Ballot language: “The constitutional amendment clarifying that a voter must be a United States citizen.”
What it’s asking: Senate Joint Resolution 37 would enshrine in the Texas Constitution that people who are not U.S. citizens may not vote in Texas elections. Only U.S. citizens are currently eligible to vote under state law.
Proposition 17: Border security tax exemption
Ballot language: “The constitutional amendment to authorize the legislature to provide for an exemption from ad valorem taxation of the amount of the market value of real property located in a county that borders the United Mexican States that arises from the installation or construction on the property of border security infrastructure and related improvements.”
What it’s asking: House Joint Resolution 34 would exempt increases in a property’s value from taxation if:
- The land is located along the Texas-Mexico border
- The added value is due to the installation of barriers or other border security infrastructure created by the government
Texans have until Oct. 6 to register to vote in the upcoming election. Early in-person voting runs from Oct. 20-31, and Election Day is Nov. 4.
For more information about what’s on the ballot, what to bring to the polls and how to register to vote, visit www.communityimpact.com/election or www.votetexas.gov.
