Election Results: Voters Want Old Judges to Retire

SAN ANGELO, TX — In Tuesday's Special Election, Tom Green County and San Angelo voters concurred with the statewide decision to uphold the current judicial retirement age of 75, amidst decisions on 14 constitutional amendments to the Texas Constitution.

A preliminary report from the Tom Green County Elections Office tallied 10,746 ballots, with 333 being absentee. While this figure surpassed expectations for an election lacking high-profile races, it fell short of the November 2022 turnout, where 31,973 votes were cast during the Abbott-O'Rourke gubernatorial face-off. A better comparison for Tuesdays turn out is the November 2021 Special Election that was also an amendment-focused election and it saw 5,754 voters out of 69,226 registered.

Proposition 13, which sought to extend the service of judges by increasing the mandatory retirement age to 79 (and minimum retirement from 70 to 75), was notably rejected. The impact on the local judiciary is minimal for now, with incumbent district judges in Tom Green County in their 50s and well below the retirement threshold and Judge Ben Woodward's recent retirement announcement.

The broader implications are more pronounced in Texas' higher courts. Chief Justice Nathan Hecht of the Texas Supreme Court will reach 75 next year, and, pending reelections, five other senior justices are on the same trajectory, signaling a potential shift in the judiciary's composition.

Contrastingly, amendments aimed at improving teacher pensions, funding water infrastructure, and elevating the homestead tax exemption received voter endorsement, reflecting a collective prioritization of education, resource management, and tax relief.

The debate over the retirement age of judges gains additional relevance against the backdrop of national leadership age concerns, spotlighted by the octogenarian tenure of President Joe Biden and the prospect of a 2024 rematch with 77-year-old Donald Trump, both exceeding the Texas-mandated retirement age for judges.

Here are the final, though unofficial, results from the Nov. 7, 2023 Special Election:

Proposition Number 1 (HJR 126)

HJR 126 proposes a constitutional amendment to protect a person’s right to engage in generallyaccepted farm, ranch, timber production, horticulture, or wildlife management practices on realproperty that the person owns or leases. The proposed amendment would not affect theauthority of the legislature to authorize the regulation of these practices by: (1) a state agency orpolitical subdivision as necessary to protect the public health and safety from imminent danger;(2) a state agency to prevent a danger to animal health or crop production; or (3) a state agencyor political subdivision to preserve or conserve the natural resources of the state under the TexasConstitution. Additionally, the proposed amendment would not affect the legislature’s authorityto authorize the use or acquisition of property for a public use, including the development ofnatural resources under the Texas Constitution.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentprotecting the right to engage in farming, ranching, timber production, horticulture, andwildlife management.

Results Prop 1:  Passed 88.63% FOR

Proposition Number 2 (SJR 64)

SJR 64 proposes a constitutional amendment to allow the governing body of a county ormunicipality to exempt from property taxation all or part of the appraised value of real propertyused to operate a child-care facility. The proposed amendment would authorize the governingbody to adopt the exemption as a percentage of the appraised value of the property, but thatpercentage could not be less than 50% of the appraised value of the property. The proposedamendment also would allow the legislature to define the term “child-care facility” and toestablish additional eligibility requirements to receive the property tax exemption.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentauthorizing a local option exemption from ad valorem taxation by a county or municipality ofall or part of the appraised value of real property used to operate a child-care facility.

Results Prop 2 Passed FOR 68.13%

Proposition Number 3 (HJR 132)

HJR 132 proposes a constitutional amendment to prohibit the legislature from imposing a taxbased on the wealth or net worth of an individual or family. The proposed amendment also wouldprohibit the legislature from imposing a tax based on the difference between the assets andliabilities of an individual or family.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentprohibiting the imposition of an individual wealth or net worth tax, including a tax on thedifference between the assets and liabilities of an individual or family.

Results Prop 3 Passed FOR 78.91%

Proposition Number 4 (HJR 2 – Second Special Session)

HJR 2 proposes a constitutional amendment to modify certain provisions of the TexasConstitution related to property taxes. The proposed amendment would authorize the legislatureto temporarily limit the maximum appraised value of real property for property tax purposes ina tax year. The proposed amendment also would increase the mandatory homestead exemption for school district property taxation from $40,000 to $100,000. The proposed amendment wouldrequire the legislature to provide for a reduction in the amount of the limitation on school districtproperty taxes imposed on the residence homestead of the elderly or disabled. Additionally, theamendment would exempt appropriations not dedicated by the Texas Constitution and used forproperty tax relief from being considered as appropriations when determining whether the rateof growth of appropriations in a biennium has exceeded the constitutional tax spending limit.The proposed amendment would further authorize the legislature to provide that membersserving on an appraisal board in a county with a population of at least 75,000 serve terms not toexceed four years.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentto authorize the legislature to establish a temporary limit on the maximum appraised value ofreal property other than a residence homestead for ad valorem tax purposes; to increase theamount of the exemption from ad valorem taxation by a school district applicable to residencehomesteads from $40,000 to $100,000; to adjust the amount of the limitation on school districtad valorem taxes imposed on the residence homesteads of the elderly or disabled to reflectincreases in certain exemption amounts; to except certain appropriations to pay for ad valoremtax relief from the constitutional limitation on the rate of growth of appropriations; and toauthorize the legislature to provide for a four-year term of office for a member of the board ofdirectors of certain appraisal districts.

Results Prop 4 Passed FOR 89.17%

Proposition Number 5 (HJR 3)

HJR 3 proposes a constitutional amendment to redesignate the national research university fundas the Texas University Fund (TUF), and to appropriate funds from the economic stabilizationfund to the TUF. The proposed amendment would appropriate to the TUF an amount equal tothe interest income, dividends, and investment earnings attributable to the economicstabilization fund for the preceding state fiscal year. The appropriation amount could not exceed$100 million for the state fiscal year beginning September 1, 2023, or an amount adjusted for theincrease in the general price index, not to exceed two percent, in subsequent state fiscal years.The proposed amendment also would prohibit any state university that is entitled to participatein dedicated funding provided by Article VII, Section 18 of the Texas Constitution from receivingmoney from the TUF.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentrelating to the Texas University Fund, which provides funding to certain institutions of highereducation to achieve national prominence as major research universities and drive the stateeconomy.

Results Prop 5 Passed FOR 65.25%

Proposition Number 6 (SJR 75)

SJR 75 proposes a constitutional amendment to create the Texas water fund. The Texas waterfund would be a special fund in the state treasury outside the general revenue fund, administeredby the Texas Water Development Board (TWDB) or its successor to assist in financing waterprojects in the state. The proposed amendment would direct the Texas water fund administratorto use the fund only to transfer money to other TWDB funds or accounts. The proposedamendment would authorize the legislature to appropriate money for deposit to the water fundto be available for permitted transfers. No further legislative appropriation would be requiredfor the water fund administrator to transfer money from or restore money to the fund, includingthe transfer of money to or the restoration of money from certain designated TWDB funds andaccounts. The water fund would consist of: (1) money transferred or deposited to the fund bygeneral law; (2) other revenue that the legislature by statute dedicates for deposit to the fund;(3) investment earnings and interest earned on amounts credited to the fund; (4) money fromgifts, grants, and donations to the fund; and (5) money returned from any authorized transfer.The proposed amendment would require the legislature, by general law, to provide for the manner in which money from the Texas water fund may be used. The proposed amendment alsowould require that at least 25% of the money initially appropriated to the Texas water fund betransferred to the New Water Supply for Texas Fund.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentcreating the Texas water fund to assist in financing water projects in this state.

Results Prop 6 Passed FOR 82.76%

Proposition Number 7 (SJR 93)

SJR 93 proposes a constitutional amendment to establish the Texas energy fund. The Texasenergy fund would be a special fund in the state treasury outside the general revenue fund,administered by the Public Utility Commission of Texas (PUC) or its successor. Money in the Texasenergy fund could be used, without further appropriation, only by PUC or its successor to provideloans and grants to finance or incentivize the construction, maintenance, modernization, andoperation of electric generating facilities necessary to ensure the reliability or adequacy of anelectric power grid in the state. The proposed amendment would require PUC to allocate moneyfrom the fund for loans and grants to eligible projects for electric generating facilities that serveas backup power sources and in each region of the state that is part of an electric power grid inproportion to that region’s load share. The Texas energy fund would consist of: (1) moneycredited, appropriated, or transferred to the fund by or as authorized by the legislature; (2) revenue that the legislature dedicates for deposit to the fund; (3) the returns received from theinvestment of the money in the fund; and (4) gifts, grants, and donations contributed to the fund.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentproviding for the creation of the Texas energy fund to support the construction, maintenance,modernization, and operation of electric generating facilities.

Results Prop 7 Passed FOR 72.46%

Proposition Number 8 (HJR 125)

HJR 125 proposes a constitutional amendment to create the broadband infrastructure fund. Thebroadband infrastructure fund would be a special fund in the state treasury outside the generalrevenue fund, administered by the Texas Comptroller of Public Accounts (Comptroller). Moneyfrom the fund could be used, without further appropriation, only for the expansion of access toand adoption of broadband and telecommunications services. The broadband infrastructure fundwould consist of: (1) money transferred or deposited to the fund by the Texas Constitution,general law, or the General Appropriations Act; (2) revenue that the legislature by general lawdedicates for deposit to the fund; (3) investment earnings and interest earned on money in thefund; and (4) gifts, grants, and donations to the fund. The proposed amendment would authorizethe Comptroller to transfer money from the broadband infrastructure fund to another fund asprovided by general law, and the state agency that administers the fund to which any money istransferred could use the money without further appropriation only for the expansion of accessto and adoption of broadband and telecommunications services. The broadband infrastructurefund would expire on September 1, 2035, unless extended by adoption of a joint resolution ofthe legislature. Immediately before the expiration of the fund, the Comptroller would be requiredto transfer any unexpended and unobligated balance remaining in the broadband infrastructurefund to the general revenue fund.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentcreating the broadband infrastructure fund to expand high-speed broadband access and assistin the financing of connectivity projects.

Results Prop 8 Passed FOR 68.36%

Proposition Number 9 (HJR 2)

HJR 2 proposes a constitutional amendment to authorize the legislature to provide a cost-of-living adjustment to eligible annuitants of the Teacher Retirement System of Texas (TRS). Theproposed amendment also would authorize the legislature to appropriate money from thegeneral revenue fund to the Texas Comptroller of Public Accounts to pay the cost-of-livingadjustment.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentauthorizing the 88th Legislature to provide a cost-of-living adjustment to certain annuitants ofthe Teacher Retirement System of Texas.

Results Prop 9 Passed FOR 85.93%

Proposition Number 10 (SJR 87)

SJR 87 proposes a constitutional amendment to allow the legislature to exempt from propertytaxation tangible personal property held by a medical or biomedical manufacturer as a finishedgood or used in the manufacturing or processing of medical or biomedical products.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentto authorize the legislature to exempt from ad valorem taxation equipment or inventory heldby a manufacturer of medical or biomedical products to protect the Texas healthcare networkand strengthen our medical supply chain.

Results Prop 10 Passed FOR 58.83%

Proposition Number 11 (SJR 32)

SJR 32 proposes a constitutional amendment to expand the authority of the legislature withregard to conservation and reclamation districts in El Paso County. The Texas Constitutionpermits conservation and reclamation districts in certain counties across the state to issue bondsto fund the development and maintenance of parks and recreational facilities but does notcurrently provide this authority to El Paso County. The proposed amendment would addconservation and reclamation districts in El Paso County to those districts currently allowed, if authorized by general law, to issue bonds supported by property taxes to fund the developmentand maintenance of parks and recreational facilities. The proposed amendment would not limitthe powers of the legislature or of a conservation and reclamation district with respect to parksand recreational facilities as those powers currently exist. The proposed amendment will appear on the ballot as follows: “The constitutional amendmentauthorizing the legislature to permit conservation and reclamation districts in El Paso Countyto issue bonds supported by ad valorem taxes to fund the development and maintenance ofparks and recreational facilities.

Results Prop 11 Passed FOR 61.23%

Proposition Number 12 (HJR 134)

HJR 134 proposes a constitutional amendment to abolish the office of County Treasurer inGalveston County. The amendment would authorize the Galveston County Commissioners Courtto employ or contract with a qualified person or designate another county officer to perform anyfunctions that would have been performed by the County Treasurer. The proposed amendmentwould take effect only if a majority of the voters of Galveston County voting on the propositionfavor the amendment.The proposed amendment will appear on the ballot as follows: “The constitutional amendment providing for the abolition of the office of county treasurer in Galveston County.

Results Prop 12 Passed FOR 58.88%

Proposition Number 13 (HJR 107)

HJR 107 proposes a constitutional amendment to increase the mandatory retirement age for state justices and judges. Currently, the Texas Constitution establishes that justices and judges ofthe appellate courts, district courts, and criminal district courts must retire on the expiration ofthe term during which they reach the age of 75 years or an earlier age, not less than 70 years, asthe legislature may prescribe. The proposed amendment would change the mandatoryretirement age for justices and judges of the appellate courts, district courts, and criminal districtcourts to 79 years or an earlier age, not less than 75 years, as the legislature may prescribe. Theproposed amendment also would remove the provision stating that justices and judges may onlyserve until December 31 of their fourth year in office if they reach the age of 75 years in the firstfour years of a six-year term.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentto increase the mandatory age of retirement for state justices and judges.

Results Prop 13 Failed Against 57.98%

Proposition Number 14 (SJR 74)

SJR 74 proposes a constitutional amendment to establish the centennial parks conservation fundas a trust fund outside the state treasury. The fund could be used, in accordance with generallaw, only for the creation and improvement of state parks. The centennial parks conservationfund would consist of: (1) money appropriated, credited, or transferred to the fund by thelegislature; (2) gifts, grants, and donations received by the Texas Parks and Wildlife Department(TPWD) or its successor for a purpose for which money in the fund may be used; and (3)investment earnings and interest earned on amounts credited to the fund. The proposedamendment would authorize the legislature to appropriate money from the centennial parksconservation fund to TPWD or its successor for the creation and improvement of state parks.The proposed amendment will appear on the ballot as follows: “The constitutional amendmentproviding for the creation of the centennial parks conservation fund to be used for the creationand improvement of state parks.”

Results Prop 14 Passed FOR 75.95%