http://www.click2houston.com/politics/21508188/detail.html Texans Approve 11 Propositions Eminent Domain, Beach Access Among Propositions POSTED: Tuesday, November 3, 2009 UPDATED: 10:46 pm CST November 3, 2009 AUSTIN, Texas -- Texas voters on Tuesday passed a proposition limiting the government's eminent domain powers and another creating a fund for more top-tier research universities, along with nine other constitutional amendments on the ballot. Proposition 11 -- the eminent domain amendment supported by the Texas Farm Bureau, Gov. Rick Perry and Perry's Republican rival, Sen. Kay Bailey Hutchison -- had 81 percent of the vote favoring it and 19 percent against, with more than half of all precincts reporting. A proposition to guarantee public access to beaches and another to help build veterans hospitals also sailed to passage. Those were the highest-profile propositions in a low-key statewide election. Only spotty opposition emerged to any of the proposed amendments. Proposition 4 aims to create a national research university fund out of $500 million in existing state money. Currently, Texas has three top-level research universities: the University of Texas at Austin; Texas A&M University and Rice University. It lags behind other big states like California and New York, proponents said. Seven other Texas universities are vying to achieve so-called Tier One status. "Tonight's passage of Proposition 4 sends this important message: Texans understand that more nationally recognized research universities will help retain Texas-grown talent, recruit top researchers who will generate billions of dollars in economic growth and create more high paying, permanent jobs," said former Lt. Governor Bill Hobby, co-chair of Texans for Tier One. Proposition 11 to limit eminent domain powers will state in the constitution that governments in Texas are prevented from seizing private property and giving it to a private developer to boost the tax base. One group opposed to Prop 11 was the private property and anti-toll road organization Texans Uniting for Reform and Freedom, which said the proposed amendment leaves open loopholes and doesn't address issues like diminished access to remaining land after an eminent domain seizure. Terri Hall, founder and director of TURF, said Texans sent a strong message with their vote Tuesday that they want eminent domain reform, but she said Prop 11 doesn't get the job done. "The Texas Legislature needs to continue the push for further reforms and to prevent abuses," she said. Proposition 9 cements in the Texas Constitution the state's open beaches law. Backers said it will protect public beach access from lawsuits or legislative interference, while opponents said it could erode private property rights. All the ballot propositions had to win two-thirds passage in the Legislature to go before voters. What Are The Propositions? Eleven proposed constitutional amendments went before Texas voters in Tuesday's election and won passage. The proposals passed both chambers of the Legislature with a two-thirds vote earlier this year and, having received voter approval, will be added to the state constitution. The propositions are as follows. * PROPOSITION 1: Authorizes financing methods for municipalities and counties to acquire buffer zones or open spaces next to military bases. The proposal could prevent encroachment next to the base and allow construction of roads, utilities and other infrastructure to promote the mission of a military base. * PROPOSITION 2: Allows the Legislature to provide for ad valorem taxation of a residence homestead solely on the basis of the property's value as a residence, not at the potentially higher commercial use value. * PROPOSITION 3: Provides for uniform standards and procedures for the appraisal of property for taxation. Texas lacks uniform standards, and proponents say this amendment would ensure that property in diverse parts of the state are valued using the same generally accepted practices. * PROPOSITION 4: Establishes a national research university fund to help emerging research universities achieve national prominence as major research universities. Those pushing the proposal say it will provide funding similar to what elevated Texas A&M University and the University of Texas to Tier One status, providing jobs and stature or the state. Others question whether now is the time to spend such money. * PROPOSITION 5: Permits the Texas Legislature to allow a single board of equalization for two or more adjoining appraisal entities. That means area appraisal boards can be consolidated if they choose. * PROPOSITION 6: Authorizes the Veterans' Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized. It would prevent the land board from continually having to seek legislative authorization. * PROPOSITION 7: Allows an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices. This would correct what some say is an oversight in the state constitution. * PROPOSITION 8: Authorizes the state to contribute money, property and other resources to establish veterans hospital. It's designed to speed up efforts to open a federal Veterans Administration hospital in the Rio Grande Valley, where residents currently must travel to San Antonio to receive some VA hospital services. * PROPOSITION 9: Protects the right of the public to access and use the public beaches bordering the seaward shore of the Gulf of Mexico. This would block private developers from restricting beach access to the public, but some say it could infringe on private property rights. * PROPOSITION 10: Limits elected members of the governing boards of emergency services districts to terms no longer than four years. * PROPOSITION 11: Prohibits governments from taking private property for private economic development to increase a tax base. It also limits the Legislature's power to grant eminent domain authority to a governmental entity.
