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This week I will continue to discuss constitutional amendments that will appear on the November 6th ballot. These amendments were joint resolutions that were passed during the recent legislative session; however, because they change the Texas Constitution, voters have the opportunity to approve or disapprove of the amendments in a state-wide election.
Proposition 12: Authorizing $5 Billion in general obligation bonds for highway improvements
Proposition 12 would allow the Texas Transportation Commission to issue up to $5 billion in general obligation bonds to fund highway improvement projects. Supporters say Prop. 12 would help the state finance badly needed transportation projects. There is not enough money to cover existing and future transportation needs, and it is unlikely that the transportation funding will increase soon. An expanding population has created the need to spend more on transportation projects, maintenance, and problems relating to traffic congestion, deficient roads, and unsafe bridges. Borrowing against future revenue would enable the state to complete transportation projects sooner. The bonds would not have a significant effect on the state’s fiscal standing because Texas has a comparatively low debt burden. Texas has traditionally used general obligation bonds to fund various types of infrastructure in this state and should use them for funding transportation infrastructure as well.
Opponents say that borrowing increases the state’s costs and transfers those costs to future taxpayers and legislatures. The state cannot afford to pay the interest on the bonds authorized by the proposed amendment, even with low rates. The policy of the state has traditionally been to fund transportation projects through dedicated funds and minimize burdens on general revenue for debt service; therefore, the state should continue to pay for the highway construction it can afford rather than encumber resources and drive up the cost of already expensive projects. It is not in the state’s best interest to obligate money to debt service for highway construction bonds when that money may be needed for other state purposes or budget certification.
Proposition 13: Allowing judges to deny bail in certain cases involving family violence
Proposition 13 would expand the circumstances under which judges can deny bail to include certain misdemeanor cases involving family violence if the defendant is initially released on bail and after that release violates a condition of the release related to the safety of a victim or the community. The proposed amendment also would allow for the denial of bail to a defendant who is determined to have violated certain court orders rendered in a family violence case or to have committed an offense involving a violation of one of those orders.
Proponents of Prop. 13 say it would allow a judge to determine whether a defendant poses an unacceptable threat to a victim of domestic violence or to the community and, if so, to deny the defendant bail, which would protect the victim and the community in a way that a bail bond, community monitoring, or electronic monitoring could not. Domestic situations are often inherently volatile and subject to rapid escalation of violence. The denial of bail may be the only means to ensure a victim's safety in cases in which the defendant is willing to violate conditions of release or court orders.
Opponents say that the right to bail is an important constitutional right that should not be taken away lightly. Amending the constitution to authorize a denial of bail establishes a means to punish defendants through confinement before they are found guilty by a jury. The right to bail is also an invaluable tool in preventing jail overcrowding. While abhorrent, family violence is a subcategory of violence against a person, which is dealt with adequately in other sections of the Penal Code.
You can view a complete list of the proposed constitutional amendments with analyses online at www.tlc.state.tx.us. For more information regarding these propositions, please contact my office by writing to P.O. Box 2910, Austin, TX 78768-2910 or by emailing me at larry.phillips@house.state.tx.us. My district office phone number is (903) 891-7297.
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