http://www.austinchronicle.com/issues/dispatch/2005-10-28/pols_feature8.htmlCONSTITUTIONAL AMENDMENTS
On Nov. 8, Texas citizens will once again be asked to go to the polls and write a constitution. The Chronicle strained again this year to find at least one among the nine offered propositions worth recommending to voters of sound mind and reasonable presumptions – but once again, had no luck. We only feel strongly about Proposition 2 – a disgrace to a free people and an abomination to fair men and women everywhere – but we urge you to vote NO on all nine propositions. – The Chronicle Editorial Board
Proposition 1: No.
Create the Texas Rail Relocation and Improvement Fund. This is yet another attempt by the state to underwrite the expenses of private industry – in this case, the relocation of major rail lines that are either getting crowded by urban growth or else figure in Gov. Perry's grandiose plans for the Trans-Texas Corridor. We say let the railroads pay their own way.
Proposition 2: No!
Prohibit gay marriage or civil unions. This is the most outrageous proposition on the ballot, the most direct assault on human rights and privacy rights, and the most blatant attempt to write bigotry into the Texas Constitution since the Civil War. We need every one of you to get out on election day and vote to prevent the state of Texas from joining this march in the modern History of Infamy.
Proposition 3: No.
Clarify that certain economic development programs do not constitute a debt." Prop. 3 has a local hook – Save Our Springs Alliance won a lawsuit against the Village of Bee Cave to stop the municipal underwriting of a shopping center to subsidize a private developer without even a mechanism established to do so. The Lege wants voters to ratify any and all such arrangements, yet the ballot language is so vague it should be rejected on those grounds alone.
Proposition 4: No.
Authorize denial of bail to a criminal defendant who violates a condition of release. This is a solution in search of a problem, and drafted in such vague language that even those who might support it should pause. There are other ways of dealing with this issue than by writing yet more specific legal exemptions into the state constitution, including a higher bail – not denying altogether such a basic protection against unjust imprisonment.
Proposition 5: No.
Allow the Legislature to define rates of interest for commercial loans. The Lege is worried that poor Texas bankers are not able to charge more than 10% interest (currently defined as usury) on commercial loans, as they can in 46 other states, and are selling the amendment as aimed only at "sophisticated commercial borrowers." This is a foot-in-the-door amendment to give the banks whatever they want and undermine the anti-usury limits altogether.
Proposition 6: No.
Add two additional members to the State Commission on Judicial Conduct. The ballot language doesn't say that the amendment would also eliminate geographic representation on the commission, in theory allowing the greater packing of the commission. It probably doesn't matter whether the commission has 11 or 13 members, since judges virtually have to commit blatant public felonies to be subject to disciplinary action; we doubt seriously that adding a couple of commissioners will do much about that institutional problem.
Proposition 7: No.
Authorize line-of-credit advances under a reverse mortgage. Like Prop. 5, Prop. 7 is a gift to the bankers under the guise of helping creditors, in this case retired homeowners (over 62) whose only asset is their home. This amendment would create "lines of credit" to draw down smaller loan advances that often look reasonable but can quickly accumulate into heavy debt burdens – a circumstance ripe for abuse. Why make it easier to fleece small homeowners?
Proposition 8: No.
Relinquish any state claim to certain land in Upshur and Smith counties. Title to several thousand acres in the two counties was under dispute because of apparent vacancies in land surveys. The General Land Office has already relinquished claim to the bulk of the land, but another 950 acres remain in court. The constitution shouldn't be a handy bludgeon to settle complicated land disputes.
Proposition 9: No.
Six-year terms for RMA board members. The Lege allowed six-year terms for regional mobility authorities, but anti-toll warriors won a ruling that the constitution prohibits terms of more than two years. The only way for voters to voice their general opposition to tolls is to vote against this amendment and Prop. 1 (the railroad subsidy amendment).
For full ballot language and longer explanations of our endorsements, see the issue of Oct. 21.