The November 8, 2005 Texas Constitutional Election

[Updates below.]

Sounds dramatic, doesn't it?

I won't be voting, part of the estimated 84% who'll be staying home doing more important things.

More important things than amending the state constitution?

Why, yes, Hypothetical 3rd Person! I'd rather discuss things online, eat dinner, clean my cat's litter box, or go to the gun range than vote.

Here are the 9 proposals:

Proposition 1
Ballot Language
"The constitutional amendment creating the Texas rail relocation and improvement fund and authorizing grants of money and issuance of obligations for financing the relocation, rehabilitation, and expansion of rail facilities."

Brief Explanation
HJR 54 would create a Texas rail relocation and improvement fund in the state treasury and would authorize grants of state revenue and issuance of public debt to relocate, rehabilitate, and expand privately and publicly owned passenger and freight rail facilities and to construct railroad underpasses and overpasses.

In other words, this is designed to subsidize the railroad industry and help government-funded public transportation. No thanks.

Proposition 2
Ballot Language
"The constitutional amendment providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage."

Brief Explanation
HJR 6 would provide that marriage in Texas is solely the union of a man and woman, and that the state and its political subdivisions could not create or recognize any legal status identical to or similar to marriage, including such legal status relationships created outside of Texas.

This is the Big One, the proposition that has garnered the most attention, including a KKK rally. Non-traditional marriage is already banned in Texas and a literal reading of the text says this amendment not only outlaws gay marriages but heterosexual unions as well: "any legal status identical or similar to marriage"? In any event, the government has absolutely no right whatsoever to determine what relationships among free people are valid. People should stop seeking state recognition of their love. The state should also end the many subsidies, special benefits, and unique protections it gives married couples.

Proposition 3
Ballot Language
"The constitutional amendment clarifying that certain economic development programs do not constitute a debt."

Brief Explanation
HJR 80 would provide that local economic development program loans or grants (other than debts secured by a pledge of ad valorem taxes or financed by the issuance of any bonds or other obligations payable from ad valorem taxes) do not constitute or create debt. Any provision of state constitutional law that may prohibit or limit the authority of a political subdivision of the state to incur debt does not apply to those loans or grants.

Given that all state handouts eventually end up in the taxpayers' laps to finance or have already been stolen from them - a "debt to society" if you will - this is just painting a pig a different color. Now, if it was an amendment to Section 52-a, Article III of the Texas Constitution that prohibits the state from using tax money for "economic development"...

Proposition 4
Ballot Language
"The constitutional amendment authorizing the denial of bail to a criminal defendant who violates a condition of the defendant's release pending trial."

Brief Explanation
SJR 17 would authorize a district judge to deny reinstatement of bail or new bail to a person accused of a felony, if the person's bail had been revoked or forfeited as a result of the person's violation of a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.

Given that the state shouldn't have a monopoly on the prosecution and punishment of criminals, this is a small detail that'll probably end up screwing more people than protecting.

Proposition 5
Ballot Language
"The constitutional amendment allowing the legislature to define rates of interest for commercial loans."

Brief Explanation
SJR 21 would authorize the Legislature to exempt commercial loans from state usury laws that set maximum interest rates. "Commercial loans" are loans made primarily for business, commercial, investment, agricultural, or similar purposes and not primarily for personal, family, or household purposes.

Banks should be free to set their own interest rates as they see fit, whether loaning money to businesses or individuals. This is a half-ass measure that, while putting a well-deserved knee in the face of the arbitrary legal concept of "usury," still allows and in fact entrenches state control over the banking system.

Proposition 6
Ballot Language
"The constitutional amendment to include one additional public member and a constitutional county court judge in the membership of the State Commission on Judicial Conduct."

Brief Explanation
HJR 87 would increase the size of the State Commission on Judicial Conduct from eleven to thirteen members by increasing from four to five the number of public members and by adding a constitutional county court judge. The additions would ensure that the commission has an odd number of members, which is required by another provision of the state constitution.

Now, in a just world, the agency tasked with being "responsible for investigating allegations of judicial misconduct or judicial disability, and for disciplining judges" would be hard at work kicking out judges right and left for interfering with and aiding the violation of our rights. But this isn't a just world these days and adding more authorities at the top isn't going to solve any real problems.

Proposition 7
Ballot Language
"The constitutional amendment authorizing line-of-credit advances under a reverse mortgage."

Brief Explanation
SJR 7 would authorize new options for reverse mortgage agreements for senior homeowners allowing them to draw advances at unscheduled intervals, if and when needed, and only in the amounts needed, during the loan term. These are in addition to options that would allow a lump sum payment after settlement or regular periodic, predetermined equal amounts over a term of years or the lifetime of the homeowner. Additionally, SJR 7 would: (1) prohibit the agreement from requiring the use of a credit card, debit card or similar device to obtain an advance; (2) prohibit the charge or collection of a transaction fee solely in connection with any debit or advance, after the time the extension of credit is established; and (3) prohibit the lender or holder from unilaterally amending the extension of credit.

Just as with Proposition 5, lenders and homeowners should be free to set up whatever arrangements they want. This amendment sets up the liberty to do so, then mires it in regulations.

Proposition 8
Ballot Language
"The constitutional amendment providing for the clearing of land titles by relinquishing and releasing any state claim to sovereign ownership or title to interest in certain land in Upshur County and in Smith County."

Brief Explanation
SJR 40 would clear individual land titles by relinquishing and releasing all claims of state ownership interests, including mineral interests, in two local areas, namely, a roughly 4,600 acre area located roughly 14 miles southeast of Gilmer, Texas, and a separate 900 acre area located north of Tyler, Texas.

To me, "relinquishing and releasing any state claim to sovereign ownership or title to interest" sounds like a helluva nice idea. This are should be expanded 37370.5 times its size and it actually mean it.

Proposition 9
Ballot Language
"The constitutional amendment authorizing the legislature to provide for a six-year term for a board member of a regional mobility authority."

Brief Explanation
HJR 79 would authorize the Legislature to provide staggered six year terms of office for board members serving on regional mobility authorities, with no more than one-third of the board positions being appointed every two years.

Get rid of these "authorities," don't add to them.

Of course, this is also the time for all kinds of local government hijinks (PDF) leveraged through the election process.

BOND PROPOSITION NO. 1
THE ISSUANCE OF $65,225,000 OF ROAD BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF

BOND PROPOSITION NO. 2
THE ISSUANCE OF $62,150,000 OF PARK BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF

BOND PROPOSITION NO. 3
THE ISSUANCE OF $23,500,000 JAIL FACILITY BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF

This is all for Travis County and I want no part of any "tax levying." This repetitive nonsense has got to stop. The state is the wrong entity to be doing all this. Tax money for commercially- and residentially-void outdoor recreational areas (aka, "parks")? No.

It doesn't matter if this amounts to "a few dollars per year per homeowner." THESE ARE OUR DOLLARS. This flippant endorsement of systemic aggression is absolutely sickening, but I expected no less from the Austin Chronicle editorial board.

On a more fundamental note, while one can point to pragmatic reasons to vote for or against these things on a individual liberty footing, that footing remains a superficial one when it endorses the state as the proper agency to accomplish those goals. I withdraw my sanction and I encourage others to do the same.

UPDATED 11/8/2005 8:23am
I forgot to mention a previous post I wrote regarding the democratic process: The Austin American-Statesman, Voting, Free Speech, and Information

UPDATED 11/10/2005 12:41am
The election results are in. All three Travis County bond propositions passed.
Some of the statewide propositions passed.

Bah to the whole ordeal.

Posted by Drizzten at November 03, 2005 02:49 PM