Posts Tagged ‘property tax reform’

Texas Constitutional Amendment Voting Started Today (With Recommendations)

Monday, October 23rd, 2023

Another Constitutional Election Ballot (crappy formatting there, Ballotpedia is upon us, and early voting starts today.

Here’s Texas Scorecard’s roundup, with input from Texans for Fiscal Responsibility, True Texas Project, and the Huffines Liberty Foundation and links to Texas Legislative Council Analysis of the amendments. The Texan also has a roundup.

Here’s my quick and dirty list of propositions and recommendations.

  1. Proposition 1 (HJR 126): Protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management. This is the “right to farm” bill, which provides a bulwark against local, state and federal interference in food-growing activities, such as were messed with by some states during the 2020 Flu-Manchu panic (such as Michigan’s Democratic governor Gretchen Whitmer banning seed sales. And remember, such interference in people growing food on their own land was blessed by the Supreme Court in Wickard vs. Flburn. Recommendation: Vote FOR Proposition 1.
  2. Proposition 2 (SJR 64): Authorizing a local option exemption from ad valorem taxation by a county or municipality of all or part of the appraised value of real property used to operate a child-care facility. Another subsidy for a favored industry. Recommendation: Vote AGAINST Proposition 2.
  3. Proposition 3 (HJR 132): Prohibiting the imposition of an individual wealth or net worth tax, including a tax on the difference between the assets and liabilities of an individual or family. A wealth tax is total commie bullshit. Recommendation: Vote FOR Proposition 3.
  4. Proposition 4 (HJR 2 from the second special session): Authorizing the legislature to establish a temporary limit on the maximum appraised value of real property other than a residence homestead for ad valorem tax purposes; to increase the amount of the exemption from ad valorem taxation by a school district applicable to residence homesteads from $40,000 to $100,000; to adjust the amount of the limitation on school district ad valorem taxes imposed on the residence homesteads of the elderly or disabled to reflect increases in certain exemption amounts; to except certain appropriations to pay for ad valorem tax relief from the constitutional limitation on the rate of growth of appropriations; and to authorize the legislature to provide for a four-year term of office for a member of the board of directors of certain appraisal districts. Well, that’s a mouthful. I don’t care for the little unrelated special interest payoff shoved in at the end, but do appreciate the tax relief, temporary though it may be. Recommendation: Vote FOR Proposition 4.
  5. Proposition 5 (HJR 3): Relating to the Texas University Fund, which provides funding to certain institutions of higher education to achieve national prominence as major research universities and drive the state economy. Our social justice-infected universities need less money, not more, and if they’re not willing to give up being factories for radical leftwing indoctrination, they need hard reboots. Recommendation: Vote AGAINST Proposition 5.
  6. Proposition 6 (SJR 75): Creating the Texas water fund to assist in financing water projects in this state. While there’s a need for various water projects around the state, “creating fund X administered by agency Y for the benefit of entity Z” type schemes always offer the opportunity of abuse, and the principle of subsidiarity demands that local entities pay for their own damn water projects, not rely on off-general budget slush funds. Recommendation: Vote AGAINST Proposition 6.
  7. Proposition 7 (SJR 93): Providing for the creation of the Texas energy fund to support the construction, maintenance, modernization, and operation of electric generating facilities. While Texas needs more reliable grid, I see nothing about this proposition that would prevent the fund from being used to subsidize more of the unreliable “green” energy lawmakers already seem to love subsidizing. To quote the Huffines Foundation: “Proposition 7 would increase the cost of electricity without improving the reliability of the electric grid. It would also accelerate the trend toward ending market competition and putting Texas politicians and bureaucrats in control of the Texas electricity market. Texans should reject more subsidies for electric generators and let politicians know that grid reliability should be increased by ending renewable energy subsidies.” Recommendation: Vote AGAINST Proposition 7.
  8. Proposition 8 (HJR 125): Creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects. More corporate welfare for things the state shouldn’t be subsidizing. Recommendation: Vote AGAINST Proposition 8.
  9. Proposition 9 (HJR 2 from the regular session): Authorizing the 88th Legislature to provide a cost-of-living adjustment to certain annuitants of the Teacher Retirement System of Texas. TFR and TTP came out as neutral. While not philosophically opposed, I suggest voting against until there’s an outside audit to confirm that none of this money is being siphoned off into ESG investing. Recommendation: Vote AGAINST Proposition 9.
  10. Proposition 10 (SJR 87): Authorizing the legislature to exempt from ad valorem taxation equipment or inventory held by a manufacturer of medical or biomedical products to protect the Texas healthcare network and strengthen our medical supply chain. More special interests carveouts. Vote AGAINST Proposition 10.
  11. Proposition 11 (SJR 32): Authorizing the legislature to permit conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes to fund the development and maintenance of parks and recreational facilities. El Paso should pay for it’s parks out of general funds, not bonds, since parks don’t generate revenue to pay back bonds. Vote AGAINST Proposition 10.
  12. Proposition 12 (HJR 134): Providing for the abolition of the office of county treasurer in Galveston County. Normally, I’d be for anything that eliminates a government official. But there’s this from TTP: “AGAINST –The current Treasurer campaigned on a promise to eliminate his position, which prompted this legislative action. Since one less government position means less government, we initially supported this amendment. However, we then heard from many conservative activists in the Galveston area who said they don’t want the position to be dissolved because there will be no more accountability to the office and it will be handed to cronies.” I sort of believe this, since my late uncle (who ran a restaurant there) said Galveston was corrupt from top to bottom. No recommendation.
  13. Proposition 13 (HJR 107): Increasing the mandatory age of retirement for state justices and judges. AGAINST. Turnover at least offers the opportunity of breaking up entrenched power.
  14. Proposition 14 (SJR 74): Providing for the creation of the centennial parks conservation fund to be used for the creation and improvement of state parks. More off-budget shenanigans. Vote AGAINST Proposition 12.
  15. Williamson County early voting locations can be found here. Travis County early voting locations can be found here.

Special Session: Take Two

Wednesday, June 28th, 2023

Remember how the first Texas legislative special session ended without agreement? The second session just started.

It’s déjà vu all over again in the Texas Legislature on the first day of the second called special session ordered by Gov. Greg Abbott to deliver property tax relief, continuing a month-long stalemate that itself followed a months-long standoff.

On Tuesday, Abbott ordered a new special session after time ran out on the first one — this one to focus solely on property taxes.

Both chambers moved quickly on their respective blueprints, which are almost identical to the way the first special session concluded.

The House advanced the same bill by Rep. Morgan Meyer (R-Dallas) that passed one month ago: 16.2-cent rate compression using the entire $12.3 billion to buy down school district Maintenance & Operations rates. The lower chamber referred their plan to committee and then stood at ease until Friday morning. The Ways & Means Committee then voted out the bill and constitutional amendment unanimously.

Over in the Senate, the initial plan for this special session is almost entirely the same as what it passed last week during the first — $12.7 billion to combine compression, a $100,000 homestead exemption, an increase in the franchise tax exception, and a reduction in the school district voter approval rate.

The only alteration in the bill comes in relation to local option homestead exemptions (LOHE) — a mechanism that allows taxing units to establish an up to 20 percent homestead exemption off the top. Bettencourt said this was in response to Pasadena ISD’s cancellation of its 10 percent LOHE, something the school district did in anticipation of the Legislature raising the homestead exemption.

Prefacing this passage, Lt. Gov. Dan Patrick said Tuesday evening, “We will pass the same bill that we passed to the House last week that cuts school property taxes for the average homeowner by nearly 43%, almost double the tax cut one would receive with only compression.”

Patrick also said that the upper chamber will continue to insist upon a homestead exemption and again threw cold water on the suggestion by Abbott that property taxes could be eliminated in Texas.

“[T]o do so would require increasing the sales tax dramatically, which clearly has no support from the legislature or the people,” Patrick said, building upon his statement from a month ago that the idea was a “fantasy.”

“The only other pathway is using current sales tax dollars, which can never be achieved. The Governor mentions that cutting the tax rate is a lasting tax cut. It is not. As soon as sales tax flattens or declines in any year, property tax rates would skyrocket. The only tax cut that is lasting is a homestead exemption, which is locked into the Texas Constitution.”

There should be an obvious compromise here of somewhat lower compression with a bigger homestead extension. This is why you need conference committees. Last session, of course, the House passed its own property tax relief, then Speaker Dade Phalen adjourned, eliminating the possibility of a conference committee. I don’t blame Patrick for failing to fold in the face of that power play.

One significant change tacked onto the Senate’s constitutional amendment is language providing for a supplemental payment to teachers — $2,000 to urban teachers and $6,000 to rural teachers. The addendum came after an hour and a half of deliberations by the senators while the body stood at ease.

Yeah, I don’t like teacher’s raises being shoved into a property tax relief bill. Teacher raises should be paired with anti-SJW/anti-CRT/anti-tranny legislation for best effect, just to make teachers unions come out against pay raises for teachers….

There’s a clear path to coming to a compromise agreement on lower Texas property taxes, but Abbott, Phalen and Patrick have to walk it.

Abbott Carries Through With Threat, Vetoes Slew Of Bills

Saturday, June 17th, 2023

If you’ve read BattleSwarm long enough, you know I view Texas Governor Greg Abbott as a cautious, careful politician. He generally pursues conservative policies, but not with the drive and fervor of, say, Florida Governor Ron DeSantis. The bussing illegal aliens to blue cities ploy was a welcome departure from Abbott’s caution, but here too his sentiment trailed rather than lead conservative consensus.

But it appears that Abbott has finally found the issue he’s willing to play hardball on: Property tax reform.

fter Gov. Greg Abbott indicated Wednesday he could veto a large number of bills if no compromise is reached between the House and Senate on property tax relief, Lt. Gov. Dan Patrick says Abbott is threatening to destroy the work of the legislature.

Abbott made his comments during a bill signing ceremony on Wednesday, with just days left until Sunday, June 18—the last day he can sign bills into law or veto them. In Texas, any legislation not specifically vetoed by the governor becomes law.

There were 4,550 pieces of legislation passed by the Texas House and Senate and sent to the governor as part of the 88th Session of the Legislature. As of Wednesday night, Abbott had signed 873 pieces of legislation into law and vetoed five.

“As we get closer and closer to this Sunday, all of these bills that have yet to be signed face the possibility, if not the probability, that they’re going to be vetoed,” said Abbott.

Abbott has called for all of the $12 billion currently allocated to property tax relief to be used for compression—or buying down local school property taxes. While the House approved this plan on the first day of the current special session, Patrick and the Senate have stood firm in their desire for some of the money to be used to increase the homestead exemption. According to Patrick, this is a way to prioritize relief for homeowners over businesses.

“In a ploy to apparently get his way, Governor Abbott suggests he is threatening to destroy the work of the entire 88th Legislative Session – hundreds of thousands of hours by lawmakers doing the work the people sent us to do,” wrote Patrick on Twitter.

I usually back Patrick over Abbott, but looking at the list of bills he’s vetoed, I can’t say I’m broken up over them. (Some snippage for brevity.)

SB 2613
Author: Sen. Tan Parker (R-Flower Mound)
Sponsor: Rep. Lynn Stucky (R-Denton)
Caption: Relating to the creation of the Tabor Ranch Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.
Veto Date: June 16
Abbott’s statement: “While Senate Bill No. 2613 is important, it is simply not as important as cutting property taxes. At this time, the legislature must concentrate on delivering
property tax cuts to Texans. This bill can be reconsidered at a future special session only after property tax relief is passed.” [Most of Abbott’s veto statements for subsequent bills are of the “X is important, but not as important as cutting property taxes” formulation, so I’ve snipped those.-LP]

SB 2605
Author: Sen. Pete Flores (R-Pleasanton)
Sponsor: Rep. Brad Buckley (R-Killeen)
Caption: Relating to the creation of the Knob Creek Municipal Utility District of Bell County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Veto Date: June 16

SB 2598
Author: Sen. Angela Paxton (R-McKinney)
Sponsor: Rep. Frederick Frazier (R-McKinney)
Caption: Relating to the creation of the Honey Creek Improvement District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees.
Veto Date: June 16

SB 2597
Author: Sen. Brandon Creighton (R-Conroe)
Sponsor: Rep. Cecil Bell Jr. (R-Magnolia)
Caption: Relating to the creation of the Montgomery County Municipal Utility District No. 237; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Veto Date: June 16

SB 1979
Author: Sen. Bryan Hughes (R-Mineola)
Sponsor: Rep. Caroline Harris (R-Round Rock)
Caption: Relating to an annual study by the Texas A&M University Texas Real Estate Research Center of the purchase and sale of single-family homes by certain institutional buyers.
Veto Date: June 16

SB 2616
Author: Sen. Judith Zaffirini (D-Brownsville)
Sponsor: Rep. Maria Luisa Flores (D-Austin)
Caption: Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Veto Date: June 16

SB 2604
Author: Sen. Boris Miles (D-Houston)
Sponsor: Rep. Senfronia Thompson (D-Houston)
Caption: Relating to the creation of the Harris County Municipal Utility District No. 589; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Veto Date: June 16

SB 2453
Author: Sen. Jose Menendez (D-San Antonio)
Sponsor: Ana Hernandez (D-Houston)
Caption: Relating to certain regulations adopted by governmental entities for the building products, materials, or methods used in the construction of residential or commercial buildings.
Veto Date: June 16

SB 2379
Author: Sen. Charles Schwertner (R-Georgetown)
Sponsor: Caroline Harris (R-Round Rock)
Caption: Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.
Veto Date: June 16

SB 2260
Author: Sen. Cesar Blanco (D-El Paso)
Sponsor: Rep. Toni Rose (D-Dallas)
Caption: Relating to management review of certain investigations conducted by the Department of Family and Protective Services.
Veto Date: June 16

SB 2052
Author: Sen. Robert Nichols (R-Jacksonville)
Sponsor: Rep. Trent Ashby (R-Lufkin)
Caption: Relating to permit fees for groundwater wells imposed by the Southeast Texas Groundwater Conservation District.
Veto Date: June 16

SB 1712
Author: Sen. Charles Perry (R-Lubbock)
Sponsor: Rep. Drew Darby (R-San Angelo)
Caption: Relating to the purchase, sale, or lease of real property on behalf of a limited partnership or a limited liability company.
Veto Date: June 16

SB 1568
Author: Sen. Donna Campbell (R-New Braunfels)
Sponsor: Rep. Matt Shaheen (R-Plano)
Caption: Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property.
Veto Date: June 16

SB 1431
Author: Sen. Chuy Hinojosa (D-McAllen)
Sponsor: Rep. Bobby Guerra (D-Mission)
Caption: Relating to the confidentiality of certain information for a current or former administrative law judge for the State Office of Administrative Hearings.
Veto Date: June 16

SB 526
Author: Sen. Royce West (D-Dallas)
Sponsor: Rep. David Cook (R-Mansfield)
Caption: Relating to requiring prior approval by the Texas Higher Education Coordinating Board to offer a degree or certificate program to certain persons who are incarcerated or subject to involuntary civil commitment.
Veto Date: June 16

SB 485
Author: Sen. Nathan Johnson (D-Dallas)
Sponsor: Tom Oliverson (R-Cypress)
Caption: Relating to designating the second Saturday in October as Hospice and Palliative Care Day.
Veto Date: June 16

SB 361
Author: Sen. Sarah Eckhardt (D-Austin)
Sponsor: Rep. Hugh Shine (R-Temple)
Caption: Relating to the eligibility of a person employed by a school district as a teacher to serve on the appraisal review board of an appraisal district.
Veto Date: June 16

SB 348
Author: Sen. Drew Springer (R-Muenster)
Sponsor: Rep. Morgan Meyer (R-Dallas)
Caption: Relating to the prohibition on posting on the Internet information held by an appraisal district regarding certain residential property.
Veto Date: June 16

SB 315
Author: Sen. Bob Hall (R-Edgewood)
Sponsor: Rep. Ana-Maria Ramos (D-Richardson)
Caption: Relating to the definition of telephone call for purposes of regulating telephone solicitations.
Veto Date: June 16

SB 267
Author: Sen. Phil King (R-Weatherford)
Sponsor: Rep. Dustin Burrows (R-Lubbock)
Caption: Relating to law enforcement agency accreditation, including a grant program to assist agencies in becoming accredited.
Veto Date: June 16

SB 247
Author: Sen. Carol Alvarado (D-Houston)
Sponsor: Rep. Mary Ann Perez (D-Houston)
Caption: Relating to specialty license plates issued for honorary consuls.
Veto Date: June 16

SB 1080
Author: Sen. Lois Kolhorst (R-Brenham)
Sponsor: Rep. Stan Gerdes (R-Smithville)
Caption: Relating to a mitigation program and fees for the Lost Pines Groundwater Conservation District.
Veto Date: June 15

SB 2493
Author: Sen. Mayes Middleton (R-Galveston)
Sponsor: Rep. John Bryant (D-Dallas)
Caption: Relating to repairs made pursuant to a tenant’s notice of intent to repair and the refund of a tenant’s security deposit.
Veto Date: June 15

SB 1998
Author: Sen. Paul Bettencourt (R-Houston)
Sponsor: Rep. Hugh Shine (R-Temple)
Caption: Relating to the calculation of certain ad valorem tax rates.
Veto Date: June 15
Abbott’s statement: “Senate Bill No. 1998 requires data reporting on property taxes, but does nothing to cut property taxes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

HB 2879
Author: Rep. Tom Oliverson (R-Cypress)
Sponsor: Sen. Paul Bettencourt (R-Houston)
Caption: Relating to venue in certain actions involving a contract for an improvement to real property.
Veto Date: June 15
Abbott’s statement: “House Bill No. 2879 would insert the government into private negotiations involving the work of contractors, subcontractors, and materialmen. Laws about venue selection are simply not as important as cutting property taxes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

HB 2138
Author: Rep. Kyle Kacal (R-College Station)
Sponsor: Sen. Paul Bettencourt (R-Houston)
Caption: Relating to the sale of charitable raffle tickets by certain nonprofit wildlife conservation associations.
Veto Date: June 15
Abbott’s statement: “Though House Bill No. 2138 would expand gambling for a worthy cause, our oath obliges us to take a second look at statewide sales of online raffle tickets so that they do not run afoul of Article III, Section 47(d) of the Texas Constitution. Laws authorizing online raffle ticket sales are simply not as important as cutting property taxes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

HB 4158
Author: Rep. Mike Schofield (R-Katy)
Sponsor: Sen. Paul Bettencourt (R-Houston)
Caption: Relating to the determination and reporting of the number of residence homesteads of elderly or disabled persons that are subject to the limitation on the total amount of ad valorem taxes that may be imposed on the properties by school districts.
Veto Date: June 14
Abbott’s statement: “House Bill No. 4158 appears to require more paperwork about property taxes, but does nothing to cut property taxes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

SB 467
Author: Sen. Paul Bettencourt (R-Houston)
Sponsor: Rep. Jeff Leach (R-Plano)
Caption: Relating to increasing the criminal penalty for the offense of criminal mischief involving impairment of a motor fuel pump.
Veto Date: June 14
Abbott’s statement: “Senate Bill No. 467 would impose a harsher sentence for tampering with a gas pump than for damaging the electric grid or cutting a livestock fence. This bill can be reconsidered at a future special session only after property tax relief is passed.”

SB 2035
Author: Sen. Paul Bettencourt (R-Houston)
Sponsor: Rep. Giovanni Capriglione (R-Southlake)
Caption: Relating to the issuance of certain anticipation notes and certificates of obligation.
Veto Date: June 13
Abbott’s statement: “Senate Bill 2035 has too many loopholes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

(My apologies for your eyes glazing over skimming reading that.)

I’m split between my admiration for Abbott having the balls to veto these bills, and the lazy and generally false statement of saying “X is important, but not as important as property tax relief,” given that most of these bill are not very important at all, save to a few special interests. Some of them, such as SB 2453, should have been vetoed on its merits for the government sticking their nose where it doesn’t belong. Without reading the full texts of each and every bill (not my job, because I’m not Governor of Texas), almost all the one with Democratic sponsors seem like they should be vetoed on the merits, and the rest seem pretty special-interest geared. At a glance, the only veto I actually disagree with is SB 467, because gas pump skimmers have recently become a big fraud vector.

But Abbott is right on one big issue: The 88th Texas Legislative Session should have spent the time to pass property tax relief, an issue that directly impacts the pocket books of millions of Texas homeowners. I have not researched the issue enough to determine whether compression or a raising the homestead exemption are more desirable. Abbott and the Texas Public Policy Foundation favor compression, while Patrick favors raising the homestead exemption. Though I can well understand his rejecting House Speaker Dade Phelan’s “let’s pass this and adjourn so you have to accept our bill without negotiation” tactic.

But I’m not upset with Abbott’s vetoes. He should have done a lot more of them, a lot earlier on, to cut down on the growth of government spending and regulation.

Gov. Abbott Does Not Sound Pleased With Joe Straus

Tuesday, June 13th, 2017

Gov. Gregg Abbott has a tendency to hold opinions close to his chest. But in this Chad Hasty Show interview, he sounds genuinely irritated when talking about the need for the special session he’s been forced to call because so many of his priorities died in the Joe Straus-led house:

Gov. Abbott: If you guys are not going to take care of business during the regular session, if you’re going to use this must-past bill about ensuring the Texas Medical Board is going to continue on as political fodder, then I’m going to make sure we have a special session that counts, that focuses on the issues that I know are very important to our fellow Texans. Such as reducing property taxes. Such as addressing something that has turned out to be a very substantial issue all the way from Dallas, Texas to the Rio Grande Valley, which is to crack down on fraud that has taken place in the mail ballot process.

Chad Hasty: Governor, you said that the Speaker of the House [prioritized] his priorities, you prioritized the issues for the state of Texas. Are you saying that maybe the House Speaker didn’t have the priorities of all Texans in mind?

Gov. Abbott: In my conversations, and also in my perceptions, it seems like his priorities differed from, for example, these priorities I have on the special session call. His priorities differed from the deals that we were trying to broker at the end of the session. Some easy examples: I called, in my state of the state address, that I gave at the very beginning of the session, for meaningful property tax reform. Several weeks before the end of the session, I said publicly, in the press, there were a couple of items that were must press items in order for this session to be concluded successfully, ine of those was property tax reform. I know that I articulated, both in my state-of-the-state address as well as during the course of the session, to have at least some form of ability, especially for parents of special needs children, to have the opportunity to pick the school that’s right for them. And none of these have an opportunity of being addressed in the Texas House of Representatives.

Chad Hasty: Now, I’m looking at 20 items here, one that is much-pass before we get to everything else, which is the sunset legislation. I’m going to be honest with you, Governor: I watched this past session. How do you expect all these lawmakers to get all 20 of these done in 30 days?

Gov. Abbott: It’s pretty easy, because for almost all of them, nothing new needs to be created. I am resurrecting bills that were already proposed, that were largely debated on, many of them already passed out of the senate. I know, in my conversations with the Lt. Governor, that these are all items that can be passed out of the Texas senate in short order. It’s just a matter of of getting them to the house floor, getting a vote on them. The issue is not one of timing, because these are not difficult issues to grapple with, because they’ve already grappled with most of them. It’s just a matter of are they going to stand for them and vote for them, or evade them and not vote for them?

Here’s the interview, which goes into more detail on the special needs education bill, which is a bigger issue than most people realize:

Governor Abbott is essentially saying what conservative activists have: These are popular bills, and the only reason they haven’t passed is the obstruction of Speaker Joe Straus and his lieutenants