November 7 Elections

Citizens in Cass County and Texas will have an opportunity to vote on November 7. Depending on where you live in Cass County you will find your ballot will have some differences. What will be the same no matter where you live will be the 14 state constitutional propositions.

According to Amy L. Varnell Cass County Clerk, you should expect 14 Constitutional Amendments, proposed County Assistance District, Linden Kildare CISD school trustee election, City of Atlanta election and City of Queen City election “The County Clerk’s Office cannot advise you or explain any of the proposed amendments to you, as that would be considered persuading voters on how to vote. There are many resources online that can explain the proposed amendments.”

According to Varnell, “For information regarding the LK CISD, City of Atlanta or City of Queen City elections, contact those entities, as the county is only holding elections for those entities.

“For questions regarding the proposed County Assistance District, contact the County Judge’s office at 903 756 5181 Contact the Voter Registar’s office (Tax Office) to see if you are eligible to vote in the County Assistance District Election.

“Sample ballots can be found on the Elections page of the Cass County website, or voters can contact the County Clerk’s Office at 903 756 5071 for sample ballots.

“October 27 is the last day we can accept an Application for Ballot By Mail. Voters who are 65 or older, disabled, or who will be out of the county during early voting and on Election Day can request a ballot by mail. We cannot take requests for ballots by mail over the phone. PLEASE BE ADVISED THAT THE COUNTY CLERK’S OFFICE DOES NOT SEND APPLICATIONS FOR A BALLOT BY MAIL UNLESS REQUESTED BY THE VOTER. Many times, political parties or political organizations will send applications for ballot by mail to voters who are 65 or older.”

Early Voting in person will begin October 23 – October 27 and October 30 – November 3, Monday – Friday, 8 a.m. to 5 p.m. at the following locations: Linden Voting Building 227 E Rush St. On November 2 and 3 this location will be open 7 a.m. to 7 p.m.

Atlanta North East Texas Property Management Building (Old Horne Enterprise) 101 E Pinecrest Hughes Springs Community Center 902 E First St Hwy 11 A voter can vote early at any early voting location. Polls are open on Election Day, November 7, from 7 a.m. to 7 p.m.

Cass County was approved to participate in countywide voting. This means a registered voter can vote at any polling location in the county.

Contact the Voter Registrar (Tax Office) at 903 756 5513 for information regarding your voter registration.

Here are items that may show up on your ballot: Cass County Assistant District Election Proposition A.

With voter approval, county assistance districts allow the county to receive sales tax revenue from the unincorporated areas of the county where a local entity isn’t already collecting a sales tax.

County assistance district funds can be used for a variety of purposes. If adopted in Cass County, however, the county intends to narrowly focus any revenue from the assistance district toward county roads and infrastructure, economic development, and debt reduction.

Linden-Kildare Consolidated Independent School District Board of Trustees. Place 1 ___ Kenneth Rodney Hamilton ___ Rebecca Ann Hilburn

Linden-Kildare Consolidated Independent School District Board of Trustees. Place 2 ___ Leslie A. Fox ___ Jarred Michael Lemmon ___ Mitchell Brandon Minson

City of Atlanta Proposition A

The reduction of the current one-half (1/2) of one percent (1%) local sales and use tax to the type Atlanta economic development corporation by a rate of one-fourth (1/4) of one percent (1%) to one-fourth (1/4) of one percent (1%) within the city of Atlanta, Texas; and the adoption of a local sales And use tax in the City of Atlanta, Texas at the rate of one (1) and one-fourth (1/4%) to provide revenue.

For the general fund operations. This will result in no net change in the total sales tax rate in the City of Atlanta, Texas.

City of Queen City Proposition A

“Reauthorization of the local sales and use tax in Queen City at the Rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets.”

TEXAS PROPOSITIONS Texas Proposition 1

The Right to Farming, Ranching, Timber Production, Horticulture, and Wildlife Management Amendment, is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports establishing a right to farming, ranching, timber production, horticulture, and wildlife management in the Texas Constitution.

A “no” vote opposes establishing a right to farming, ranching, timber production, horticulture, and wildlife management in the Texas Constitution.

Proposition 1 would add a new section to Article I of the state constitution to establish a right to farming, ranching, timber production, horticulture, and wildlife management on owned or leased personal property. The amendment states that the right does not preclude the state legislature from passing laws to regulate farming, ranching, timber production, horticulture, or wildlife management practices to protect public health and safety, prevent danger to animals or crop production, or preserve the natural resources of the state. The amendment also states that it does not prevent the state legislature from acquiring property for public use including the development of natural resources.

Two other states—Missouri and North Dakota—have adopted right-to-farm constitutional amendments in 2014 and 2012, respectively. In 2016, Oklahomans defeated a similar amendment placed on the ballot by the legislature by a vote of 60.29% to 39.71%.

In 2021, Maine was the first state to adopt an amendment to establish a state right to growing, raising, harvesting, and producing food, as long as an individual does not commit trespassing, theft, poaching, or abuses to private land, public land, or natural resources.

Texas Proposition 2

Texas Proposition 2, the Property Tax Exemption for Child-Care Facilities Amendment, is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to allow counties or municipalities to authorize a property tax exemption on all or part of the appraised value of real property used to operate child-care facilities.

A “no” vote opposes this constitutional amendment to authorize local property tax exemptions from on properties used to operate child-care facilities.

Proposition 2 would authorize the state legislature to pass a law to authorize a property tax exemption on all or part of the property used to operate a child-care facility. It would also authorize the state legislature to define childcare facilities and impose eligibility requirements for qualifying for the tax exemption.

The state legislature also passed Senate Bill 1145 (SB 1145), the implementing legislation, during the 2023 regular legislative session.

Those who support the bill say that the exemption would help to keep and start childcare facilities. According to the U.S. Chamber of Commerce Foundation, Texas’ economy loses more than $9 billion every year due to inadequate childcare. S.J.R. 64 seeks to address this issue by allowing the legislature, by general law, to exempt from property taxation all or part of the appraised value of real property used to operate a child-care facility.

Texas Proposition 3

Texas Proposition 3, the Prohibit Taxes on Wealth or Net Worth Amendment, is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the Texas Constitution to prohibit the Legislature from enacting a wealth or net worth tax in the future.

A “no” vote opposes amending the Texas Constitution to prohibit the Legislature from enacting a wealth or net worth tax in the future.

Proposition 3 would add language to the Texas Constitution to prohibit the state legislature from imposing a tax based on the wealth or net worth of an individual or family. As of 2023, no state had adopted a wealth tax. In 2019, Texans approved Proposition 4 to prohibit the state legislature from adopting a state income tax.

Texas Proposition 4

The Property Tax Changes and State Education Funding Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to: - increase the homestead tax exemption from $40,000 to $100,000; - authorize the state legislature to limit the annual appraisal increase on non-homestead real property; - exclude appropriations made to increase state education funding from the state appropriations limit; and - authorize the state legislature to provide for four-year terms for members of the governing body of an appraisal entity in counties with a population of 75,000 or more.

A “no” vote opposes this constitutional amendment to increase the homestead property tax exemption; authorize the state legislature to limit the annual appraisal of non-homestead real property; and exclude increased state education funding from the appropriations limit.

Proposition 4 would increase the homestead tax exemption by raising it from $40,000 to $100,000. This proposed change would take effect for the tax year commencing on January 1, 2023. The amendment authorizes the state legislature to limit the annual appraisal increase for non-homestead real properties. This limitation would be contingent upon the lesser of the property’s recent market value as evaluated by the appraisal entity or 120% (or a potentially higher percentage) of the previous tax year’s appraised value. The amendment enables the state legislature to introduce laws outlining supplementary eligibility prerequisites for this appraised value limitation, which would be effective either upon the law’s enactment or from January 1 following the initial year of property ownership, depending on the later date. This subsection of the amendment would expire on December 31, 2026.

The amendment requires that the state legislature must incorporate a reduction in the limitation on property taxes for elderly or disabled homeowners with homesteads. This reduction would equate to $15,000 multiplied by the 2022 tax rate designated for general elementary and secondary public school objectives. Commencing from the 2023 tax year, if there are changes in the general school district residence homestead exemption for various categories of residents, the legislature must implement reductions in the limitation amount for those homesteads subject to the prior year’s limitation. The reduction should be proportional to the changed exemption and the applicable tax rate for public school purposes. Proposition 4 would authorize the state legislature to enact laws concerning the governing board of an appraisal entity in counties with populations exceeding 75,000. The amendment would exclude state tax revenue appropriations for ad valorem tax payments from the constitutional appropriations limit.

Texas Proposition 5 The Rename State University Research Fund and Establish Ongoing Revenue Source Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports renaming the National Research University Fund to the Texas University Fund and allocating annually the interest income, dividends, and investment earnings from the state’s rainy day fund to the university fund to support research activities at state universities.

A “no” vote opposes renaming the National Research University Fund to the Texas University Fund and establishing an ongoing revenue source for the fund.

The amendment would rename the National Research University Fund (NRUF) to the Texas University Fund. It would also allocate to the fund the interest, dividends, and investment earnings from the Economic Stabilization Fund (rainy day fund) from the preceding fiscal year. The total amount allocated in fiscal 2024 would be limited to $100 million. The annual limit would be adjusted for inflation each year but would be limited to a 2% growth rate. The University of Texas and Texas A&M systems would be excluded from receiving money from the fund. The amendment would also exclude money in the fund from the state appropriations limit. Expenses to manage the fund would be paid for by the fund.

This proposition will have very little impact on Cass County.

Texas Proposition 6 The Creation of the Water Fund Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to create the Texas Water Fund administered by the Texas Water Development Board to finance water projects in the state. A “no” vote opposes amending the state constitution to create the Texas Water Fund administered by the Texas Water Development Board to finance water projects in the state.

Proposition 6 would establish in the Texas Constitution the Texas Water Fund administered by the Texas Water Development Board. The board would be authorized to transfer funds between the state Water Fund and the Water Assistance Fund No. 480, the New Water Supply for Texas Fund, the Rural Water Assistance Fund No. 301, or the Statewide Water Public Awareness Account.

The Water Fund would consist of money allocated by the state legislature, gifts and grants, and investment earnings of the fund. The amendment would require no less than 25% of the initial allocation to the fund by the legislature to be transferred to the New Water Supply for Texas Fund. Money appropriated by the state legislature to the fund would be excluded from the state’s appropriation limit.

State Sen. Charles Perry (R-28) sponsored the amendment and said, “Water infrastructure needs in Texas total in the billions in order to cover aging and failing pipes and build out new water supply. It is estimated that the state loses 136 billion of gallons of water a year to leaking water main pipes. Additionally, the state will be 7-million-acre feet short of supply in the next 50 years. S.J.R. 75 allows the Texas voters to decide if the state will create the Texas Water Fund to continue investment in water for years to come.”

Texas Proposition 7 The Creation of State Energy Fund Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports creating the Texas Energy Fund to be administered by the Public Utilities Commission and authorizing the state legislature to allocate funds for the modernization of electric generating facilities.

A “no” vote opposes creating the Texas Energy Fund to be administered by the Public Utilities Commission and authorizing the state legislature to allocate funds for the modernization of electric generating facilities.

The amendment would establish the Texas Energy Fund in the Texas Constitution to fund the construction, maintenance, modernization, and operation of electric generating facilities. The fund would be administered by the Public Utility Commission (PUC) of Texas, which would be authorized to provide loans and grants to advance the purposes of the fund. The amendment requires that the PUC allocates money to eligible projects in each region of Texas that contain an electric power grid in proportion to that region’s load share.

Money in the fund would consist of money appropriated by the state legislature; investment returns from the fund; and gifts, grants, and donations contributed to the fund. The expenses of managing the fund would be paid by the fund. Money appropriated by the state legislature would be excluded from the state’s appropriation limit.

Winter Storm Uri exposed problems with the infrastructure. Many large gas companies support the proposition.

Texas Proposition 8 The Creation of Broadband Infrastructure Fund Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to create the broadband infrastructure fund to finance broadband and telecommunications projects.

A “no” vote opposes amending the state constitution to create the broadband infrastructure fund to finance broadband and telecommunications projects.

This proposition directly affects Cass County as our area is one of the largest areas of underserviced broadband. Which can affect things like access to medical information, education and commerce.

The constitutional amendment would create the Broadband Infrastructure Fund in the Texas Constitution. The fund would be financed through money allocated by the state legislature, gifts, grants, and investment earnings. The purpose of the fund would be to enhance the availability and usage of broadband and telecommunications services. Money appropriated to this fund by the state legislature would not be counted towards the state’s appropriation limit.

The fund would be administered by the state comptroller. Money in the fund could be used in conjunction with federal funds or other state allocations for the purposes of the fund. The constitutional provision authorizing the fund would expire on September 1, 2035, unless extended by a concurrent resolution of the state legislature adopted by a two-thirds (66.67%) vote that would authorize the fund for another 10 years. If the fund expires, money remaining in the fund would be transferred to the state general fund.

Texas Proposition 9 The Changes to Teacher Retirement System Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to authorize the state legislature to make cost-of-living adjustments to certain annuitants, as defined by law, of the Teacher Retirement System of Texas.

A “no” vote opposes amending the state constitution to authorize the state legislature to make cost-of-living adjustments to certain annuitants, as defined by law, of the Teacher Retirement System of Texas.

The amendment would authorize the Texas Legislature to provide for cost-of-living adjustments (COLA) for certain annuitants, who meet criteria provided by law, of the Teacher Retirement System of Texas. Annuitants are persons who receive service retirement benefits, disability retirement benefits, or death benefits from the Teacher Retirement System of Texas. The amendment also authorizes the legislature to allocate money from the general fund to pay for the adjustment. Money appropriated by the state legislature for the amendment’s purpose would be excluded from the state’s appropriation limit.

This proposition has received bipartisan support. Since we have retired teachers in our community it would have a direct impact on Cass County.

Texas Proposition 10 The Tax Exemption on Medical Equipment and Inventory Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to authorize the state legislature to provide for an ad valorem tax exemption on equipment and inventory manufactured by medical or biomedical companies.

A “no” vote opposes amending the state constitution to authorize the state legislature to provide for an ad valorem tax exemption on equipment and inventory manufactured by medical or biomedical companies.

The amendment would authorize the state legislature to exempt from ad valorem taxation tangible personal property, including finished goods or goods used in the manufacturing process, possessed by a manufacturer of medical or biomedical products. The state legislature passed Senate Bill 2289, the enabling legislation, during the regular legislative session. SB 2289 defines medical and biomedical property as “tangible property that is (A) stored, used, or consumed in the manufacturing or processing of medical or biomedical products by a medical or biomedical manufacturer; or (B) intended for use in the diagnosis, cure,

u See ELECTIONS page 4 mitigation, treatment, or prevention of a condition or disease or in medical or biomedical research.” This would include devices, therapeutics, pharmaceuticals, personal protective equipment, tools, implants, instruments, and apparatuses. The law would take effect on January 1, 2024, if the amendment is passed.

Texas Proposition 11 The Authorize Bond Issues in Conservation and Reclamation Districts in El Paso County Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to authorize the state legislature to permit conservation and reclamation districts in El Paso County to issue bonds to fund parks and recreational facilities.

A “no” vote opposes this constitutional amendment, thereby maintaining that conservation and reclamation districts in El Paso County cannot issue bonds.

The measure would amend section 59 of Article 16 of the Texas Constitution to authorize the state legislature to permit conservation and reclamation districts in El Paso County to issue bonds to fund parks and recreational facilities and levy property taxes to repay the bonds. Conservation and reclamation districts are “governmental agencies and bodies politic and corporate with such powers of government and with the authority to exercise such rights, privileges and functions concerning” the conservation and development of the state’s natural resources. Districts have elected boards that govern its functioning.

This proposition would have little impact on Cass County Texas Proposition 12 The Abolish Galveston County Treasurer Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to provide for the abolishment of the Galveston County treasurer and authorizing the county to employ or contract a qualified person or designate another county officer to fulfill the function previously performed by the treasurer.

A “no” vote opposes amending the state constitution to provide for the abolishment of the Galveston County treasurer. The Texas Constitution provides that the office of county treasurer may be abolished via a constitutional amendment. The amendment would abolish the Galveston County treasurer and authorize the county to employ or contract a qualified person or designate another county officer to fulfill the functions previously performed by the treasurer.

Hank Dugie elected in 2022 is the current Galveston County treasurer. In his 2022 campaign, Hank Dugie called for eliminating the office.

This proposition has little to no effect on Cass County. Texas Proposition 13 The Increase Mandatory Retirement Age for State Judges Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to increase the mandatory retirement age for state judges and justices from 75 to 79.A “no” vote opposes increasing the mandatory retirement age of state justices and judges and removing the requirement that if a judge or justice is elected to serve a six-year term and reaches 75 years of age during the first four years of service the justice or judge must vacate the office on December 31 of the fourth year of the term.

In Texas, state judges are required to retire at age 75. This is known as the mandatory retirement age and is set in the state constitution. The amendment would increase the mandatory retirement age for state judges and justices from 75 to 79. It would also increase the minimum retirement age from 70 to 75.

Texas adopted the mandatory retirement age in 1965 with the approval of Proposition 8. The retirement age has been 75 years since its adoption. In 2007, Texans approved Proposition 14, which allowed judges elected to serve a six-year term but that reach 75 years of age during the first four years of service to serve until December 31 of the fourth year of the term. This provision would be repealed.[2] Texas Proposition 14 The Texas Creation of the Centennial Parks Conservation Fund Amendment is on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.

A “yes” vote supports amending the state constitution to create the Centennial Parks Conservation Fund—a trust fund for the creation and improvement of state parks.

A “no” vote opposes this amendment to create the Centennial Parks Conservation Fund. The amendment would create the Centennial Parks Conservation Fund as a trust fund outside of the state treasury. The fund would consist of money appropriated, credited, or transferred by the legislature; gifts, grants, and donations received by the Parks and Wildlife Department; and investment earnings. Money appropriated by the state legislature would be excluded from the state’s appropriation limit. Money in the funds would be used to create and improve state parks. Any expenses incurred by the fund would be expensed from the fund.

Environment Texas, Sierra Club Lone Star Chapter, Texans for State Parks, Texas Foundation for Conservation, and Texas Travel Alliance registered in support of the amendment. Luke Metzger, executive director of Environment Texas, said in a statement, “This historic legislation would create a new golden age for our state parks. 2023 marks the centennial of the Texas state parks system and we have a lot to celebrate. What a great birthday present to give all Texans for the state parks system’s 100th.”

This proposition has an impact on our area since we have at least two nearby State Parks including Atlanta and Daingerfield.

Much of the statewide information has been taken from Ballotpedia.com. Additional information and source attribution can be found there.