By David Van Os - Monday, November 5, 2007

A word on the Constitutional Amendment process
A word on letting the State borrow money through bond issues
Recommendation for Proposed Proposition 12
Recommendations other Proposed Propositions

A word on the Constitutional Amendment process

...Constitutionalism is deeply rooted in the Texas soul. When the Republic of Texas entered the community of nations as a sovereign republic in 1836, it became only the second nation in modern world history, after the United States of America, to establish self-government through a written constitution. When the people of Texas go to the polls in general elections to approve or disapprove amendments to their Constitution, they are writing the compact among themselves as to how they shall govern themselves as Texans. Great care should be taken in doing so.

A Texas Constitutional Amendment begins as a proposed Joint Resolution in either the Texas House of Representatives or Texas Senate. The House or Senate Joint Resolution must pass both chambers of the Texas Legislature with 2/3 majorities before it can be proposed to the people in the general election. Then the voters by statewide popular vote decide whether or not to adopt the proposed Amendment.

A word on letting the State borrow money through bond issues

Several of the Constitutional Amendments on the November 6 general election ballot propose to authorize the State to raise money for various projects by issuing and selling bonds. Why do these require Constitutional Amendments? Because Article III of the Texas Constitution prohibits the State of Texas from going into debt.

A "bond" sold by the State is a document reflecting a loan of money to the State. When a bond is purchased from the State, the purchase money is a loan to the State and the purchaser is the loaner. The bond evidences the loan. The State repays the loan with interest. The payments of interest and repayment of principal to the bondholder, i.e., repayment of the loan, are made out of the general funds of the State; in other words, out of tax dollars.

Thus, the sale of bonds by the State creates debts of the State. This is why it requires amending Article III, Section 49 of the State Constitution, which prohibits state debt, in order to permit the State to issue bonds.

I respectfully submit to you, my friends, that we the people have already had way too much of the Bushite borrow-and-spend philosophy. Raising State funds by selling bonds is nothing more than a way for legislators to avoid responsibility. It passes the buck to future generations. It does not avoid spending tax money; it simply defers expenditures to future State treasuries - with interest.

Recommendation for Proposed Proposition 12

Proposition 12 - I begin with Proposition 12 because it is the worst of the worst.

In this proposition, we are being asked to amend Article III, Section 49 of the Constitution in order to permit the Texas Department of Transportation to sell 5 billion dollars worth of bonds.

This is the same agency that today, this very day, is cynically and arrogantly using your and my tax dollars in a high-pressure marketing campaign, designed by a political consulting firm, to convince us that we want toll roads; in complete disregard of the fact that government is supposed to follow the will of the people, not the other way around.

This is the same agency that intends to tear up our beautiful Texas with the most gigantic land grab in history, the Trans-Texas Corridor, so that Texas will turn from a state into a highway and the people and farms of Texas will turn into the highway's butlers.

This is the same agency that Slick Rick Perry uses as his personal toy for the pleasure of the special interests, both domestic and international, whose moneys are expected to continue funding the political ambitions of Slick Rick and his new patron, Rudy Guliani (and it is such a coincidence that the international corporate law firm of Bracewell Guliani is legal counsel to CINTRA).

Let's put it this way - if you trust TXDOT and Rick Perry, then by all means do cast your vote to amend the Texas Constitution to allow TXDOT to indebt your children to paying off 5 billion dollars more money for TXDOT to build toll roads and the Trans-Texas Corridor with. But if you don't think TXDOT and Rick Perry have earned your trust, then get off your duff and tell everyone you can think of to vote against Proposition 12.

Recommendation other Proposed Propositions

Proposition 1 - Yes

Proposition 2 - Yes

Proposition 3 - No

Proposition 4 - Everything I said here about passing the buck to future taxpayers applies here. NO.

Proposition 5 - NO

Proposition 6 - YES

Proposition 7 - YES

Proposition 8 - NO

Proposition 9 - YES

Proposition 10 - YES

Proposition 11 - YES

Proposition 12 - NO, NO, a thousand times NO

Proposition 13 - NO

Proposition 14 - YES

Proposition 15 - NO

Proposition 16 - YES.

David Van Os

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Through 31 years of law practice, David Van Os has concentrated his priorities in the defense of Constitutional rights and liberties through the courts, the protection of working people through labor law and union contracts, and the promotion of human rights.

He has been listed in the prestigious reference book Best Lawyers in America by peer review for over 20 consecutive years. In 2005 the Backbone Campaign honored David with its Spine Award.

David is considered a co-founder in 2002 of the Texas Democratic Progressive Populist Caucus, and continues as an ex officio member of the steering committee. In 2007 he was named chairman of the board of the Inter-American Education Consortium and its hallmark project, the Liberty and Democracy Alliance.

For more information contact Rachel Barrios-Van Os 210-332-7080 or visit http://vanosfortexasag.com.