Ballot Language for the November 8, 2005 Constitutional Amendment Election
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Proposition 1 - HJR 54
"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.
Proposition 2 - HJR 6
"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.
Proposition 3 - HJR80
"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.
Proposition 4 - SJR 17
"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a district judge to deny reinstatement of bail or new bail to a person accused of a felony, if the person's bail had been revoked or forfeited as a result of the person's violation of a condition of release related to the safety of a victim of the alleged offense or to the safety of the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.
Proposition 5 - SJR 21
"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.
Proposition 6 - HJR 87
"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.
Proposition 7 - SJR 7
"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.
Proposition 8 - SJR 40
"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.
Proposition 9 - HJR 79
"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
