The United States Constitution currently has twenty-seven (27) amendments. That means, in the two hundred plus years of the United States, the States have only agreed twenty-seven times to amend our foundational governing document.
In Texas, we currently have five-hundred and thirty (530) constitutional amendments. Why the stark contrast? When the current Texas state constitution was adopted in 1876, it was specifically written to limit the scope and actions of state government. However, because it was drafted in such a way, it became necessary to amend it to address new events, ease the ability of government to perform certain functions, to correct or remove outdated amendments and to reflect societal changes regarding state government. In order to be placed on the ballot for consideration, a proposed amendment must be a joint resolution approved by two-thirds of either the Texas House and/or Senate.
Every two years, Texas voters are presented with new constitutional amendments that greatly affect how our state government works, and these amendments are not always explained fully as to their meaning on the ballot. Voters are asked to make important decisions regarding our state government with little or no explanation.
With that in mind, it is important to review each proposed amendment and examine whether the voter truly wants the change in state government that is being requested. November 2025, Texas voters will be asked to approve or disapprove seventeen (17) amendments to our state constitution. Each amendment is addressed below, with an attempt at further explanation as to the effects of each amendment.
Proposition 1: Texas Workforce Education and Technical College Fund Amendment
Proposition 1, which was developed from Senate Joint Resolution 59, will appear on the ballot as “The Constitutional Amendment providing for the creation of the permanent technical institution infrastructure fund and the available workforce education fund to support the capital needs of educational programs offered by the Texas State Technical College System.” Essentially, this amendment would create two separate dedicated funds to support infrastructure, land acquisition, and equipment for the Texas State Techincal College system. It would take $850 million from the general fund as seed money and then be operated and managed outside of the typical state budgetary process and would have limited legislative oversight. Proponents of this proposition believe that a separate system needs to be created in order to strengthen and ensure Texas’s technical education capacity, bolster workforce readiness and align educational infrastructure with long term economic goals. Opponents of the bill believe that by creating two separate funds that are not considered part of the general budget, legislative scrutiny and investigation will be lost and thus will not be directly controlled by our elected legislators.
Proposition 2: Texas Capital Gains Tax Ban Amendment
Proposition 2, created by Senate Joint Resolution 18 states, “The constitutional amendment prohibiting the imposition of a tax on realized or unrealized capital gains of an individual, family, estate or trust.” Essentially, this sets in stone that the state of Texas is not able to tax capital gains revenues from any individual, family, estate, or trust; it specifically excludes other forms of taxation, such as sales taxes or ad valorem taxes. Proponents of the bill believe it is in keeping with Texas fiscal traditions of lower taxes and restrictive government. Opponents of the bill claim that it will lead to financial shortfalls in other areas, and therefore the general fund of the state will become depleted. It should be noted that Texas does not currently have any laws on the books that allow for taxes on capital gains; this proposed amendment merely acts as a safeguard to prevent any such passage of a tax in the future without another constitutional amendment.
Proposition 3: Texas Bail Reform Amendment for Felony Offenses
Proposition 3, created from Senate Joint Resolution 5 states, “The constitutional amendment requiring the denial of bail under certain circumstances to person accused of offenses punishable as a felony.” This amendment provides procedural actions and procedures that Judges must follow to allow bail for individuals charged with specific crimes. Those crimes are murder, capital murder, aggravated assault, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, and both single and contiguous human trafficking. Proponents of the amendment believe it will lead to increased security for the community, and force judges to give written explanations as to why they believe the person should be released from jail while their case is pending. Opponents of the amendment do not like the hamstringing of judges; the amendment creates more stringent conditions which restrict a judge’s freedom in making bail decisions and would likely force more judges to err on the side of incarceration rather than expose themselves to electoral challenges based on bail decisions.
Proposition 4: Texas Water Fund Sales Tax Revenue Amendment
Proposition 4, created by House Joint Resolution 7, states “The constitutional amendment to dedicate a portion of the revenue derived from state sale and use taxes to the Texas water fund and to provide for the allocation and use of that revenue.” This amendment would create a dedicated funding stream for the Texas Water Fund based on sales tax revenue and use tax revenue. Any sales taxes collected by the state over $48 billion would be redirected to the fund, capping at a maximum amount of 1 billion a year. Proponents of the bill believe that due to Texas’ growing population, aging infrastructure, enlarging urban centers and heightened drought risk, Texas needs to ensure it is financially prepared for costly water needs. Opponents of the bill believe that Texas can control its cost and needs for water through the normal legislative process, and adding a constitutional amendment to limit changes could prove to be problematic; by adding governmental controls, it excludes the private-sector and free market solutions.
Proposition 5: Texas Animal Feed Property Tax Exemption Amendment
Proposition 5, from House Joint Resolution 5 states, “A constitutional amendment authorizing the legislature to exempt ad valorem taxation tangible property consisting of animal feed held by the owner of the property for sale at retail.” This amendment looks to alleviate the tax burden for certain individuals in the agricultural business. Animal feed is not taxed at its creation or wholesale distribution but becomes taxable while it is held by retailers waiting to sell their inventory. Proponents believe that the amendment will ensure fairness throughout the agricultural sector by not punishing retail sales companies for having animal feed in their inventory. Opponents are concerned that exempting this sector will lead to a budget shortfall if not connected with additional legislative reductions in spending. Opponents are also concerned that this shortfall will be made up for by increasing taxes to others such as homeowners and small-business owners.
Proposition 6: Texas Securities Transaction Tax Ban Amendment
Proposition 6, created by House Joint Resolution 4, is titled “The constitutional amendment prohibiting the legislature from enacting a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.” This is another amendment designed to prevent any future legislatures from imposing taxes on financial intermediaries. Proponents claim that this protects and fosters a stable and investment-friendly economic situation by protecting against diminishing asset values and reduced market liquidity. Opponents of the amendment do not like the selectiveness of the protection and the restriction of the legislature to react to unexpected economic situations and crises where an occupation tax on security traders may be necessary.
Proposition 7: Texas Homestead Exemption for Surviving Military Spouses
Proposition 7, created by House Joint Resolution 133 is titled “The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a veteran who died as a result of a condition or disease that is presumed under federal law to have been service-connected.” This is one of the few amendments that actually means what it says. This amendment allows for spouses of deceased veterans to continue to receive the benefits already granted to a surviving veteran. The exemption is contingent on the spouse not remarrying after the veteran’s death. Proponents of the amendment believe it allows for stability in taxation for families of veterans. Opponents are concerned with yet another exemption being created while supporting a reduction in spending to go along with the exemption.
Proposition 8: Texas Estate and Inheritance Tax Ban Amendment
Proposition 8, created by House Joint Resolution 2, is titled “The constitutional amendment to prohibit the legislature from imposing death taxes applicable to a decedent’s property or the transfer of an estate, inheritance, legacy succession, or gift.” This amendment would prohibit the state legislature from creating any taxes on the transfer of property resulting from a person’s death. Proponents of the amendment believe it is another safeguard against aggressive taxation and is pro-individual liberty, while opponents are concerned about restricting the legislature’s ability to create new taxes in dire financial circumstances.
Proposition 9: Texas Tangible Property Tax Exemption Amendment
Proposition 9, created by House Joint Resolution 1, is titled “The constitutional amendment to authorize the legislature to exempt from ad valorem taxation a port of the market value of tangible personal property a person owns that is held or used for the production of income.” This amendment modifies a section of the Texas Constitution which previously said that only property below a certain value is exempt from taxation. Proponents of the amendment claim it is pro-business and pro-property rights that would allow the legislature to exempt up to $250,000 of the market value of tangible property for taxation. Opponents to the legislation are concerned that it could dramatically lower the collection of property tax revenue by local authorities, thus putting a strain on normal budget expenditures such as education.
Proposition 10: Texas Property Tax Relief for Homes Destroyed by Fire
Proposition 10, created by Senate Joint Resolution 84, is titled “The constitutional amendment to authorize the legislature to provide temporary exemption from ad valorem taxation of the appraised value of an improvement to a residence homestead that is completely destroyed by fire.” This amendment allows the legislature to carve out another tax exemption for individuals who are dealing with the catastrophic loss of their homes due to fire. Proponents believe this amendment will bring much needed tax relief to individuals who have lost their homes due to fire. Again, opponents are concerned about the potential loss of tax revenue with no corresponding reduction in spending.
Proposition 11: Texas School District Tax Exemption for Elderly and Disabled
Proposition 11, created by Senate Joint Resolution 85, is titled, “the constitutional amendment authorizing the legislature to increase the amount of exemption from ad valorem taxation by a school district of the market value of the residence homestead of a person who is elderly or disabled.” This amendment is pretty straightforward. It aims to increase the current exemption of $10,000 to $60,000 for elderly or disabled individuals on top of the current $100,000 exemption already in place. Proponents of the amendment believe that it delivers meaningful property tax relief to fixed-income homeowners without undercutting school funding. Opponents believe that it benefits a politically favored class at the expense of equity and fairness in the tax system. Further, opponents feel there is no corresponding ability to make up the shortfall to the school districts in other areas.
Proposition 12: Texas Judicial Conduct Commission Reform Amendment
Proposition 12, created by Senate Joint Resolution 27, is titled “The constitutional amendment regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission’s recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.” This is a major overhaul of the current system in place in Texas used to monitor and deal effectively with judicial misconduct. The amendment seeks to add two additional non-lawyer positions from five to seven. It also seeks to grant expanded authority to the Commission to issue public sanctions without requiring formal hearings. Proponents of the amendment see this as a more structured system with additional public oversight. Opponents of the amendment feel that without the formal hearing structure currently in place, there is no true judicial due process given to judges when accused of wrongdoing. It also does not allow for appeal processes and needs more procedural safeguards.
Proposition 13: Texas School Homestead Tax Exemption Increase
Proposition 13, created by Senate Joint Resolution 2, is titled “The constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district from $100,000 to $140,000.” This amendment allows for the homestead exemption that currently applies to the market value of a person’s primary residence to be increased when it comes to taxation by school districts. It also allows for the legislature to use general budget funds to help school districts with budget shortfalls due to lessening taxation revenue. Proponents believe that this is the fairest way to provide taxation relief to all Texans in reference to taxation for school districts. Opponents are concerned that increasing such an exemption only hurts Texas public education providers and will cost large amounts of money in the long-term.
Proposition 14: Texas Dementia Research and Prevention Institute Amendment
Proposition 14, created by Senate Joint Resolution 3, is titled “The constitutional amendment providing for the establishment of the Dementia Prevention and Research Institute of Texas, establishing the Dementia Prevention and Research Fund to prove money for research and prevention and treatment of dementia, Alzheimer’s disease, Parkinson’s Disease, and related disorders in this state, and transferring to that fund $3 billion from the state general revenue.” This amendment is also very clear in its intent. It creates a special fund outside the state’s general budget that would be dedicated exclusively to dementia and like illnesses. Proponents of the amendment like that it would provide grants for diagnosis, research, and treatment for a variety of neurodegenerative diseases, and would force the legislature to allocate funding for just such a purpose. Opponents of the amendment believe that government mandated and controlled research into medical areas is outside the purpose of state government. Opponents are also concerned that if such an allocation is done by constitutional amendment, then these types of research grants and funding would become entrenched and thus would be difficult to alter or control in the future.
Proposition 15: Texas Parental Rights Amendment
Proposition 15, created by Senate Joint Resolution 34, is titled, “The constitutional amendment affirming that parents are the primary decision makers for their children.” The stated purpose of this amendment is to enshrine in the state constitution that parents have an inherent right to determine the care, custody and control of their children, and it restricts interference by state or political subdivisions. Proponents of this amendment claim that it further protects parents in making decisions regarding how their children are brought up, educated, and cared for. Opponents of the resolution are concerned that by creating stringent restrictions on state interference, children who are in dangerous situations or are being abused in some way by their parents will not receive the help they need. Also, opponents are concerned that some parents will use such an amendment to adversely affect a child’s access to certain education opportunities or much-needed healthcare that the parent does not approve of.
Proposition 16: Texas Voter Citizenship Requirement Amendment
Proposition 16, created by Senate Joint Resolution 37, is titled “The constitutional amendment clarifying that a voter must be a United States Citizen.” While both United States federal law and Texas state law currently require a voter to be a citizen, this amendment would enshrine in the constitution another category of explicitly excluded classes of individuals who are not qualified to vote. Currently, the state constitution excludes minors, mentally incompetent persons and convicted felons from voting in state elections. This amendment will also add individuals who are not U.S. citizens to the aforementioned list, so that there can be no change in that position in the future. Proponents of the bill state that such an explicit exclusion is needed to safeguard against expansion of voting rights to non-citizens in local elections. Opponents of the legislation believe that it is an unnecessary change to the law, and that superfluous laws go against the idea of less restrictive government.
Proposition 17: Texas Border Security Property Tax Exemption Amendment
Proposition 17, created by House joint Resolution 34, is titled “The constitutional amendment to authorize the legislature to provide for an exemption from ad valorem taxation of the amount of the market value of real property located in a county that borders the United Mexican States that arises from the installation or construction on the property of border security infrastructure and related improvements.” The goal of this amendment is to reduce the property tax burden for those who invest in enhancements meant to improve security along the Texas-Mexico border. While it does not create an actual exemption or establish a value, it allows for the state legislature to do so. Proponents of the amendment believe it is necessary to help keep property values for taxation in check while at the same time encouraging private and personal investment in improved border security. Opponents are concerned about the loss in taxation revenue and what impact that might have in long term budgetary issues. Further, opponents believe that increased border security should be driven and paid for by Federal agencies and revenues.
While most of the above constitutional amendments concern taxation, it should be noted that all have long lasting effects on the function of our state government, and careful consideration of each amendment should be done before deciding whether to approve or disapprove each amendment. Educating oneself on each amendment encourages an informed electorate and better decision-making.
About the Author:
Sean J. Kilgore, a Criminal Defense attorney with the Kuzmich Law Firm, began his legal career in San Antonio focusing on criminal defense and civil disputes. In 2006, he joined the Denton County Criminal District Attorney’s Office, starting in the Family Violence division and later serving as Chief Prosecutor for County Criminal Courts #2, #3, and #4. He handled a wide range of misdemeanor and felony cases, including DWI, drug possession, and assault, and participated in over 100 jury trials. Mr. Kilgore also played a key role in establishing the Denton County Veteran’s Treatment Court.
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