Tag Archives: general land office

Learn what’s on the ballot for the Nov. 2019 election 

What’s this constitutional election buzz all about anyway?

You’ve probably been hearing about the importance of voting in the upcoming constitutional amendment election on Nov. 5, 2019. After all, it’s not every day that Texas voters have an opportunity to revise the Texas Constitution. This year, the 86th Texas Legislature passed 10 joint resolutions that propose amendments to the constitution and require voter approval. Every Texan who is registered to vote has the right to decide whether those 10 amendments become part of the state’s constitution. But only those who actually exercise that right to vote will get to determine whether the amendments become the law of the land or simply fade away.

Before you head to the polls with family and friends, do your homework and take a minute to learn about all 10 proposed amendments. We will cover two of the proposed amendments with direct correlation to public education here. Proposition 4 (HJR 38) impacts the potential for future establishment of a state income tax, and Proposition 7 (HJR 151) increases the amount the General Land Office can distribute from the Permanent School Fund to the Available School Fund each year from $300 million to $600 million.

Proposition 4 (HJR 38) as it will appear on the ballot reads as follows: “The constitutional amendment prohibiting the imposition of an individual income tax, including a tax on an individual’s share of partnership and unincorporated association income.”

Here’s what that really means:

Texas Proposition 4 modifies the current constitutional restrictions against legislative imposition of a state income tax. The state of Texas is widely known for not imposing a state income tax. The current state constitution in Article Vlll, sections 1(c) and 24, prohibits legislators from creating an income tax unless there is a statewide vote to approve such a tax. While polling suggests that it is unlikely that Texas voters would agree to an income tax, should that change, the current constitution also mandates how the revenue from any such income tax would have to be spent: two-thirds of the income tax revenue would go toward property tax reduction, while one-third of the income tax revenue would be spent on public education. This year’s Proposition 4 is designed to make it even less likely that Texans would ever pay a state income tax by repealing the current constitutional language referring to the statewide referendum and replacing it with language that simply prohibits the imposition of an “individual income tax” at the state level. The functional effect of this change is not to make it absolutely impossible for there to be an income tax in Texas in the future, but rather to increase the legislative votes necessary to overturn such a prohibition. Two-thirds of the legislature would have to agree to letting voters decide whether or not to add a state income tax in the future if this proposition passes in November.

A vote “for” Proposition 4 would mean that you agree with the proposition to change the current language in the constitution restricting a state income tax. A vote “against” Proposition 4 means that you prefer the current language in the constitution that prohibits a state income tax unless legislators vote to allow statewide voters to reject or approve the proposed tax, which would be used to fund property tax reduction and public education.

Proposition 7 (HJR 151) as it will appear on the ballot states as follows: “The constitutional amendment allowing increased distributions to the available school fund.”

Here’s what that really means:

Proposition 7 would potentially affect the source, but not necessarily the amount, of state education spending by allowing for larger distributions from the Permanent School Fund (PSF). The PSF is an endowment established under Section 2, Article Vll, of the Texas Constitution for the financial support of public schools in Texas. Management of the fund is divided between the State Board of Education (SBOE), which oversees managing the fund’s financial investment portfolio, and the General Land Office, which through the School Land Board manages the fund’s land or real estate investments. Currently a portion of the PSF is transferred to the Available School Fund (ASF) each year to be used to purchase instructional materials for students and provide additional funding for public education. The remainder of the PSF is held for future use. Proposition 7 seeks to increase the amount of state funding for public schools being paid out of the ASF by increasing the permissible amount of the annual distribution from the PSF to the ASF from $300 million to $600 million.

This increase alone would not result in an increase in overall public education funding. Without additional statutory changes, Proposition 7 would simply reduce the amount of funding the legislature would be required to spend from other funding sources to meet the state’s obligation to fund public education. However, as we reported here on Teach the Vote over the summer, it is not clear how significantly Proposition 7, if approved by voters, might reduce the state’s need to tap into general revenue to support public schools in future legislative sessions.

Does ATPE have a position on these two proposed constitutional amendments?

No. As stated in the ATPE Legislative Program approved each year by our House of Delegates, ATPE supports a public education funding system that is equitable and adequate to provide every student an equal opportunity to receive an exemplary public education. ATPE also supports any form of state revenue enhancement and tax restructuring that accomplishes this goal. However, ATPE does not have an official legislative position specifically on banning/supporting an income tax; nor do we have an official legislative position relating to the percentage of public education funding that comes from the PSF or ASF.

What else is on the ballot?

Proposed constitutional amendments for the Nov. 2019 election in Texas

Click here to view the ballot language for all 10 of the proposed constitutional amendments along with analysis from the Texas Legislative Council. Also, our friends at the nonpartisan League of Women Voters of Texas (LWVTX) have put together a Constitutional Amendment Election Voters Guide that explains all the amendments and shares pro and con arguments along with a short video for each proposed amendment at the bottom of the page. It’s an easy-to-understand resource that ATPE encourages you to check out before you vote.

Special elections:

If you happen to live in one of three Texas House districts, you’ll also have a chance during the Nov. 2019 election to choose a new state representative. Three state representatives have resigned from their seats, necessitating special elections in those districts. The winner of each special election will serve out the remainder of the current term until Jan. 2021. Barring a special session being called by the governor, it is unlikely that those elected through November’s special election will have a chance to vote on any bills, but the winners of those special elections will be able to claim incumbent status next year, often deemed an advantage for anyone who decides to run for the same office in the regular election cycle that will take place in 2020.

These special elections for legislative seats will be taking place in House districts 28,100, and 148. In what the Texas Tribune has described as “the most closely watched race” this fall, ATPE’s lobby team has profiled the candidates seeking the House seat in district 28, which you can read here.

Other local ballot measures will vary throughout the state depending where you live. Voters can visit Vote411.org to view and print out a sample ballot showing exactly what will you will be voting on in your area.

Early voting runs from Oct. 21 through Nov. 1, and election day is Nov. 5, 2019.

SBOE in Austin for September meeting

Texas SBOE meeting September 11, 2019.

The Texas State Board of Education (SBOE) met Wednesday in Austin for its three-day September meeting. Although her term as board chair concluded with the board’s June meeting, Member Donna Bahorich (R-Houston) presided over the board Wednesday as Gov. Greg Abbott has yet to announce her successor.

The board began with a discussion of a new process for Instructional Materials Quality Evaluation (IMQE), including recommendations for a commissioner rule from an ad hoc committee on the subject. The process is now called Texas Resource Review (TRR). Member Georgina Perez (D-El Paso) suggested that the process is still subjective, and Texas Education Agency (TEA) staff indicated that the process was the result of feedback from 30 pilot districts. Member Marty Rowley (R-Amarillo) posed a number of questions to TEA staff clarifying the potential legal ramifications of changes to the current process. Member Barbara Cargill (R-The Woodlands) expressed a desire to prevent the TRR from competing with or interfering with the Texas Essential Knowledge and Skills (TEKS) review process. After lengthy discussion, the board adopted a new board operating procedure barring an individual board member from nominating instructional materials to the TRR without a majority vote of the board endorsing the nomination.

The board also discussed the procedure for nominating members to serve on the School Land Board (SLB), which oversees a portion of the Permanent School Fund (PSF) overseen by the General Land Office (GLO). Legislation passed by the 86th Texas Legislature expanded the SLB to five members from three and allowed the SBOE to nominate candidates to serve in two of the five places. The governor will select the two members from among six candidates the SBOE nominates. The board’s Committee on School Finance/Permanent School Fund will recommend the six nominees from a list of 30, comprised of two nominees provided by each of the board’s 15 members. The full board will vote to approve the final six.

The SBOE and SLB must also meet jointly once per year as a result of legislation passed in 2019. Members voted to hold the first joint meeting during the SBOE’s scheduled meeting in April 2020. All following meetings will be held during the SBOE’s scheduled November meeting.

 

 

Teach the Vote’s Week in Review: July 26, 2019

Here’s your weekly wrap-up of education news from ATPE Governmental Relations:


This week Congressman Kevin Brady (R-TX) filed H.R. 3934, the “Equal Treatment of Public Servants Act of 2019.” The ETPSA aims to address unfair reductions to the Social Security benefits for many educators and other public employees under what is known as the Windfall Elimination Provision (WEP).

While there are many similarities between this WEP replacement bill and a previous version of the ETPSA filed by Brady in the last congress, H.R. 3934 would produce a higher benefit payment for the majority of retirees, including those future retirees who are over the age of 20. For more details on the newly filed bill, check out this blog post by ATPE Senior Lobbyist Monty Exter.


Today, the State Board for Educator Certification (SBEC) is meeting to discuss several important items, including the adoption of changes to allow for the implementation of the EdTPA portfolio assessment pilot for teacher certification. The board is also discussing pending rule changes resulting from bills passed by the 86th Legislature, such as the repeal of the Master Teacher certificates within HB 3. Check the Teach the Vote blog later this weekend for a more detailed summary of the meeting by ATPE Lobbyist Andrea Chevalier.


ELECTION UPDATE: November is right around the corner. Are you registered and ready to vote? This week the Secretary of State revealed the ballot order for constitutional amendments that voters will consider in November 2019, including one that pertains to education funding. Learn more about the proposed amendment, along with updates on campaign announcements for the 2020 primary elections in this new election update post by ATPE Lobbyist Mark Wiggins.


In Washington, DC, the U.S. Senate Committee on Homeland Security and Government Affairs held a hearing on school safety on Thursday, July 25, 2019. The specific focus of yesterday’s hearing was on examining state and federal recommendations for enhancing school safety against targeted violence. The committee heard from four invited witnesses: Max Schachter and Tom Hoyer, who are both parents of children killed in the Parkland School shooting; Bob Gualtieri, Sheriff of Pinellas County, Florida; and Deborah Temkin, PH.D., Senior Program Area Director, Education Child Trends. Mr. Hoyer identified three areas where policymakers can impact school safety, particularly with regard to school shootings: securing the school campus, improving mental health screening and support programs, and supporting responsible firearms ownership. Committee members focused their questions and attention on the first two issues. Archived video of the hearing and the testimony of the individual witnesses can be found at the links above.

November 2019 ballot propositions and other election news

This week saw a steady trickle of election-related news. Some of it had to do with the upcoming constitutional election this November, and some of it had to do with races on the primary election ballot next March 2020.

First up, the Texas Secretary of State announced the ballot order for 10 proposed constitutional amendments that will go before Texas voters this November 5, 2019. Proposition 7 is the measure with the greatest direct impact on public education. House Joint Resolution (HJR) 151 passed by the 86th Texas Legislature describes the measure as “The constitutional amendment allowing increased distributions to the available school fund.”

Proposition 7 would increase the maximum annual distribution of revenue derived from public land by the General Land Office (GLO) or other agency to the available school fund (ASF) for public schools. If approved by voters, that maximum amount would increase from $300 million to $600 million per year. According to the bill’s fiscal note, the Legislative Budget Board was unable to predict whether this would provide enough additional permanent school fund (PSF) revenue to significantly offset state spending from general revenue.

Next up, a couple of familiar names in Texas politics surfaced in relation to federal races on the November 2020 ballot. State Sen. Royce West (D-Dallas) announced Monday he plans to enter the Democratic primary to challenge U.S. Sen. John Cornyn (R-Texas). West joins a crowded Democratic primary field that includes M.J. Hegar, who narrowly lost a general election race against Republican U.S. Rep. John Carter in Congressional District (CD) 31. Also on Monday, former state Sen. Wendy Davis (D-Fort Worth) announced plans to challenge Republican U.S. Rep. Chip Roy in CD 21. Republican U.S. Rep. Pete Olson announced late Thursday he will not run for reelection in CD 22, which is expected to be a hotly contested race next November. Expect campaign announcements to continue throughout the summer and fall.

As our friends at Texas Educators Vote (TEV) point out, now is a good time to review your voter registration status. Have you moved since the last election? Click here to find out if you’re registered to vote. If you need to update your registration, click here. The deadline to register to vote in this November’s constitutional election is October 7.