Dateline: November 3, 2005

Voters to decide nine constitutional proposals

By Roger  Estlack, Clarendon Enterprise

Voters across Texas will go to the polls next Tuesday to decide the fate of nine proposed amendments to the state constitution.

Donley County voters will cast their ballots in the following locations. In Precinct 1, Boxes 101 and 103 will vote at the Bairfield Activity Center, and Box 102 will vote at Howardwick City Hall.  Precinct 2 residents will vote at the county courthouse. Following ballot box consolidation, all of Precinct 3 will now vote at the Lions Club in Hedley, and all of Precinct 4 will vote at the Church of Christ Family Life Center in Clarendon.

Voters should check their registration cards to see where they must vote. Balloting will take place from 7 a.m. to 7 p.m.

Early voting by personal appearance at the Clerk’s Office in the Courthouse Annex continues through 5 p.m. this Friday, November 4.

The Texas Secretary of State provides the following explanation of the proposed amendments.

Proposition 1 would create a Texas rail relocation and improvement fund in the state treasury and 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 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 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Proposition 4 would authorize a district judge to deny bail to a person accused of a felony, if the person’s bail had been revoked or forfeited as a result of a violation of a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.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 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 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.

Proposition 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, equal amounts over a term of years or the lifetime of the homeowner.

Additionally, Proposition 7 would prohibit the agreement from requiring the use of a credit card, debit card or similar device to obtain an advance; prohibit the charge of a transaction fee solely in connection with any debit or advance, after the time the extension of credit is established; and prohibit the lender or holder from unilaterally amending the extension of credit.

Proposition 8 would clear individual land titles in a roughly 4,600 acre area located roughly 14 miles southeast of Gilmer and a separate 900 acre area located north of Tyler.

Proposition 9 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.