AMENDMENT NO. 1 (H.J.R. 54)  - Rail Relocation and Improvement Fund

Creates the Texas rail relocation and improvement fund and authorizes the Texas Transportation Commission to sell bonds to fund relocation and improvement of rail facilities.

ARGUMENTS FOR:  Will improve rail shipping capabilities, ease road traffic congestion and  promote safety; will help Texas meet federal air standards and reduce transport of hazardous materials through urban areas. 

ARGUMENTS AGAINST:  The state should not aid the private sector in a non-state regulated industry; TxDOT should focus on its primary state highways duties; debt service on bonds will create added cost for the state.

YCT Position:  NO.  YCT opposes using public funds to rehabilitate or otherwise subsidize private business enterprises.

Shepard:  No.  Government should encourage free market growth in the rail industry by lifting restrictions, not by borrowing millions to modernize it.

AMENDMENT NO. 2 (H.J.R. 6) - Definition of Marriage

Provides that marriage in this state consists only of the union of one man and one woman; prohibits creation or recognition of any legal status similar to marriage in Texas.

ARGUMENTS FOR:  Enables Texas citizens, rather than the courts, to define marriage; promotes the welfare of children, the strength of Texas families and the stability of society by protecting the institution of marriage and Texas' marriage statutes from legal challenges. 

ARGUMENTS AGAINST:  Provisions are already in Texas law; placing them in the Constitution limits future legislative flexibility. Language is broadly written and could be interpreted to nullify common law marriages or legal agreements between unmarried persons.

YCT Position:  YES.  YCT supports the traditional definition of marriage and favors constitutional protections to prevent activist state judges in the present or the future from redefining it.

Shepard:  Yes.  Really no explanation needed.

AMENDMENT NO. 3 (H.J.R. 80) - Municipal Economic Development Programs not Debt

Provides that economic development programs or grants not secured by ad valorem taxes or bonds do not create unconstitutional debt;

ARGUMENTS FOR:  Creates constitutional certainty regarding the legality of long-term municipal loan or tax rebate programs to attract economic development as already provided for under current law (Local Govt. Code).  Certainty removes disincentive for businesses to be willing to enter into such location agreements with Texas cities. 

ARGUMENTS AGAINST:  Could undermine protections for taxpayers regarding creation of public debt; amending the Constitution in response to a single, appealable, lower-court decision finding a city's grant for economic development to be an unconstitutional is unnecessary.

YCT Position:  NO.  YCT opposes efforts to ease restrictions on taxpayer funded economic development, as it is corporate welfare.

Shepard:  No.  We must make taxpayer protections a priority and not risk losing those rights due to this verbage.

AMENDMENT NO. 4 (S.J.R. 17) - Denial of Bail

Permits a district judge to deny bail pending trial to a felony defendant if the person has been released on bail and had it revoked for violation of a condition of release; requires a hearing to determine that the person committed a violation related to a victim's or community's safety.

ARGUMENTS FOR:  Protects victims and the public from dangerous offenders while protecting the due process rights of the accused.

ARGUMENTS AGAINST:  When conditions are violated a judge can already set new conditions and bail at levels that protect victims and the community.  Does not require proof beyond a reasonable doubt and may result in innocent persons being unnecessarily detained.

YCT Position:  YES.  YCT favors protecting potential crime victims by empowering judges to deny bail to criminals who violate the terms of their release.

AMENDMENT NO. 5 (S.J.R. 21) - Commercial Loan Interest Exemption

Allows the legislature to define rates of interest for commercial loans. 

ARGUMENTS FOR:  Exemption of commercial loans from legal maximum interest rates (Texas' "usury laws") allows for market-based commercial transactions and competition.  Usury laws meant to protect borrowers are not necessary in commercial transactions and place Texas lenders at a competitive disadvantage since most other states do not have similar laws regarding commercial transactions. 

ARGUMENTS AGAINST:  Not all commercial lenders and borrowers have equal bargaining power; could disadvantage small businesses.

YCT Position:  YES.  YCT favors permitting the free market to determine interest rates rather than the Legislature

AMENDMENT NO. 6 (H.J.R. 87) - Membership of State Commission on Judicial Conduct

Includes one additional public member and a county judge on the State Commission.

ARGUMENTS FOR:  County court judges have the greatest understanding of the position's responsibilities and duties, and should be represented on the body charged with governing their conduct.  Increasing public representation allows for greater public oversight.

ARGUMENTS AGAINST:  County court at law and lower court judges, and four members of the public, already serve on the board; the addition of two new members to the current 11-member commission may make it more costly to operate and less able to respond quickly.

Shepard:  No.  We need to limit the size of government.  No committee needs to be bigger than 7 people, really.

AMENDMENT NO. 7  (S.J.R. 7)  - Reverse Mortgage

Authorizes line-of-credit advances under a reverse mortgage.

ARGUMENTS FOR: Reverse mortgages are a popular means by which senior citizens use the equity in their homes to pay the day-to-day expenses of retired life.  Texas is the only state that does not allow some type of line-of-credit reverse mortgage.  The amendment limits impulsive use of advances, limits the expenses of borrowing and prevents creditors from changing terms.

ARGUMENTS AGAINST:  May result in a senior borrower accumulating greater debt than under a lump-sum or set-schedule distribution, adding to the debt against the homestead.

YCT Position:  YES.  YCT believes that free market principles warrant permitting homeowners and financial institutions to determine the terms of a reverse mortgage.

AMENDMENT NO. 8 (S.J.R. No. 40) - Release of State Ownership in Upshur & Smith Co.

Releases any claim of the state of sovereign ownership to an interest in approximately 4,600 acres of land in Upshur County, and nearly 1,000 acres in Smith County.

ARGUMENTS FOR:  The amendment is similar to others passed previously and applies only to specific property.  Clears the title to land already purchased, occupied and paid taxes on in good faith by persons and their successors, and in which the state or a court has already determined the state has no interest; saves state taxpayers the cost of litigating title rights.

ARGUMENTS AGAINST:  Instead of requiring voters to judge land title disputes affecting relatively few landowners, an ongoing mechanism should be established to settle disputes.  

AMENDMENT NO. 9 (H.J.R. No. 79)  - Board Member Terms

Authorizes the legislature to provide for six-year terms for board member of a regional mobility authority.

ARGUMENTS FOR: Provides for consistency, continuity and stability in regional mobility authority leadership and project planning and execution.

ARGUMENTS AGAINST:  May decrease the accountability of persons appointed to the board.

YCT Position:  NO.  YCT believes that unelected boards that could authorize toll roads should not be given longer terms than elected government officials.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Home

Archives