Texans rejected a constitutional amendment Tuesday that might have favored long-term transportation projects but approved most amendments, including a constitutional amendment that allows judges to deny bail to a person accused of a felony, and gives the Legislature authority to create programs for economic grants and loans.
Texas also allowed the state to use public money to relocate and expand private railroads and passed four out of seven other constitutional amendments in an off-year election that drew about 2 million voters.
Proposition 4, authored by state Sen. Todd Staples, R-Palestine, adds to the list of circumstances for which a judge can revoke bail for a defendant. If the state can prove an accused person violated a provision for bail relating to the safety of a victim or the general community, under the new law, a district judge can revoke bail. Previously, a judge could only deny bail to a defendant if he or she has violated specific conditions of bail: the accused has at least two prior felony convictions, the felony was committed while the accused was on bail, or a lethal weapon was involved in the felony.
Opponents argued that the law may subject defendants to false accusations and that its unspecific text grants a lot of power to potentially biased judges. The amendment doesn't specify what constitutes violating bail related to the safety of a victim or the community.
Supporters, including the Texas District and County Attorneys Association, argued that the law will strengthen judges' ability to protect the public from crime. Under current state law, judges are forced in most cases to grant bail, even if the prosecutor can present compelling evidence of the defendant violating bond previously. The problem with the law is that courts cannot prevent criminals from committing violence during their bail period, said Shannon Edmonds, spokesman for the Attorneys Association.
The legislation was sparked by the August 2003 murder of Faye Bell Harris, Staples' office said. Harris was murdered by her ex-husband, Michael Harris, who had violated the conditions of his bail on multiple occasions. Michael Harris burned down Faye's house after their divorce and was released on bail. A judge ordered him to refrain from contacting his ex-wife without her attorney's consent, but he continued to show violent tendencies, vandalizing her car and pushing her. He was arrested and released twice before he eventually shot Faye at her mother's home in Jacksonville. Staples argues that the amendment will allow judges to prevent such violent bail violations.
In Tuesday's election, voters rejected a proposition authorizing the Legislature to provide six-year terms for regional mobility authority board members. Prop. 9 would have allowed no more than one-third of the board positions to be appointed every two years.
Those who supported Prop. 9 said six-year terms are conducive to long-term projects, because transportation projects typically last many years. Opponents of the proposed amendment argued that longer terms allow for potential corruption in the position; the two-year terms currently in place are less likely to promote disproportionate influence from special interest groups.
Voters also rejected Prop. 5, regarding commercial loans. If passed, it would have allowed the Legislature to define interest rates for commercial loans. Those in opposition said it would remove the state's interest ceilings and allow banks outside of Texas to keep charging higher interest rates.
Voters passed Prop. 1 that creates a rail relocation and improvement fund in the Texas State Treasury. The amendment authorizes the state's use of public money to relocate, improve and expand both private and public railways. The law proposes to spend about $20 billion during the next 20 years through the use of bonds and the state's general revenue.
The proposition's opponents, including Comptroller Carole Keeton Strayhorn, argued that the state should spend tax money on school finance and social programs rather than subsidizing privately owned railroads. Proponents, including Governor Rick Perry, argued that the new fund will improve public safety and ease traffic congestion.
Texans also approved Prop. 7, which gives senior-citizen homeowners more freedom in determining how they will use their mortgages. The law, which is already in place in every other state, will allow senior homeowners to take advances from their reverse mortgage as they need the money. Previously, they could only receive reverse mortgage advances in one lump sum or in equal monthly payments. Opponents to the proposition argued that it will give lenders an easy way to exploit seniors, but proponents argued that the line-of-credit option will help seniors to better manage debt.
An amendment that would authorize the Legislature to provide public money for economic development passed by about 3 percent of the vote. Under the new law, the Legislature has the authority to create statutory programs for economic grants and loans. Supporters of the amendment said it will provide varying economic development programs to attract new businesses and therefore increase employment and tax revenue.
Texans also passed Prop. 6. The amendment expands the State Commission on Judicial Conduct, which is responsible for investigating allegations of judicial misconduct and for disciplining judges, to include an additional public member and a constitutional county court judge. Texans also passed Prop. 8, which specifically affects county laws for issuing land titles. The amendment eliminates claims of state ownership in Upshur and Smith counties.
The new laws go into effect Sept. 1.
Complied from staff reports.
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