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Editorial: We recommend on state props, DISD

11:10 AM CDT on Saturday, October 17, 2009

Not every election has a presidential vacancy to fill or a red-hot gubernatorial primary to fire up voters. But every election asks your opinion on issues large and small and lets you cast a vote worth exactly as much as everyone else's. And how often in life does that happen?

Elections '09

Early voting: Oct. 19-30

Election Day: Nov. 3

Our recommendations: For DISD and selected constitutional amendments

DMN Voter Guide: Hear from the candidates in their own words

For more information: Call the Dallas County elections office at 214-637-7937, or visit www.dalcoelections.org.

Early voting opens Monday (and runs through Oct. 30; Election Day is Nov. 3) for a series of amendments to the Texas Constitution and three seats on the Dallas school board. The Dallas Morning News editorial board, as it does for every election, evaluated the issues and candidates and produced a slate of recommendations. We'd love for you to agree with us, but we also hope you'll get involved, do your own research and come to an independent conclusion. Oh, and most importantly, take the time to vote.

Yes on Proposition 1

Should a city or a county buy land as a buffer zone near a military base? The answer is obvious: It depends – on a local government's budget, tax rate, existing level of indebtedness and the public's support for the military base or installation. It also depends on who owns the land and what they plan to do with it.

But under the Texas Constitution, a community cannot even consider such an option. Proposition 1 would give cities and counties the authority to buy land that could be set aside to keep development from getting too close to a military instillation. That's important to keep sprawl from compromising training and other activities.

Voters should clear this obstacle. The Legislature still would have to follow up with enabling legislation, and communities would be able to debate the merits of any specific land deal.

A small number of critics worry that this could lead to expanded use of eminent domain, but that's unfounded. In fact, eminent domain rules would not change.

Yes on Proposition 2

We like growth in Texas, but there is another reality: When a "big box" developer buys an empty parcel and plops down a mega-store, presto, property values shoot up, including nearby residential values.

For some, the values of their homes and lots can double or more. They face either paying a walloping tax bill over time or having to move from their home because state law requires that all property be appraised upon its highest and best use. In areas with little or no zoning, that means being assessed on the site's potential commercial value.

The Texas Legislature voted to change state law this year so residential homes and lots will be assessed for their value as residences, not for their maximum possible use.

This change will have no effect on homes in neighborhoods that are already zoned residential. And we believe this is a more effective way to provide tax relief than lowering the cap on how much property values can increase each year.

Yes on Proposition 3

A house in Dallas County and a house in Harris County could look the same but might not be held to the same property tax appraisal standards. If this seems unfair, it is. And it's the reason voters should approve Proposition 3 to establish uniform tax appraisal standards across the state.

Historically, counties have enjoyed the latitude to set appraisal guidelines, as long as they were reasonable and equitably applied within the county. Over the years, Texans have seen the appraised value of their property increase, some because of differing local appraisal practices. This change to the Texas Constitution would assure that all property owners are being evaluated the same way. That's important because state funding for public schools is based on taxable property value in each school district.

Significantly, this proposition would not authorize the state to impose a statewide property tax, nor does it guarantee that property tax bills will fall. To use a baseball analogy, Prop 3 would establish a common strike zone.

Texans may wonder why Nobel Prizes and MacArthur "genius" grants tend to flow to universities on the coasts. That's easy: It's the quality of their research. Their breakthroughs attract grant money, venture capital and technology jobs that enrich surrounding communities.

It's unfortunate that, as a group, Texas universities have underperformed.

Voters should approve Proposition 4 to propel more state universities to national prominence in lucrative research.

Passage would not raise taxes, increase tuition or add to state bureaucracy. Passage would take nearly $500 million that now sits in a dormant fund and create an endowment to reward universities for their initiative in upgrading research programs.

Universities would have to earn grants by satisfying rigorous criteria on quality of faculty and research conducted on campus. Dallas-Fort Worth is the largest U.S. metro area without a Tier One university, and voters should make sure it has the tools to catch up.

Yes on Proposition 5

It's pretty easy to find people to serve on appraisal review boards in populous Dallas County. Recruiting is not so simple in Texas' dozens of large, sparsely populated rural counties.

The Texas Constitution bars elected officials and employees of any government entity that has the power to tax from sitting on an appraisal review board. While a logical restriction to prevent government officials from being judge and jury in tax cases – i.e., a city council member setting the tax rate and also determining its fairness – this prohibition shrinks the pool of qualified candidates in some counties.

Voters should approve Proposition 5 to allow two or more adjoining county appraisal districts to form a single appraisal review board for both counties. This would not require counties to consolidate but would give officials the option to combine resources to save money and increase efficiency and quality. Most urban counties, like Dallas and Tarrant, would have no need to consolidate and would not be affected.

Yes on Proposition 6

Texas veterans face a particularly tough challenge as they cope with dismal economic conditions, search for jobs and, in many cases, grapple with the lasting financial and psychological pressures of lengthy deployments in Afghanistan or Iraq.

For years, the state has helped ease that burden by offering veterans access to low-interest loans to buy land or purchase homes. Proposition 6 would extend the Veterans Land Board's ability to finance these loans. The Legislature unanimously approved this measure, and no one has come forward in hearings to oppose it.

Texas voters have made clear that they support this goal, having previously approved $4 billion worth of such bonds. Only $2 billion of that has been loaned and paid back or retired.

Effectively, this would allow the state to increase its debt load to help veterans and the land board to avoid having to seek new authority every four years to issue bonds for what few would dispute is a good cause.

Yes on Proposition 7

According to their state constitution, Texans can't hold more than one paid civil office. But there are exceptions. If one of those offices is justice of the peace, county commissioner or member of the National Guard, there's no problem. In fact, there are several other categories of employment exempted – but not being a member of the Texas State Guard or any other military force organized under Texas law.

Proposition 7 would correct this oversight, allowing current members of the Texas State Guard (and similar military forces) to enjoy the same protections National Guard members and reservists have. It strikes us as unreasonable to keep a citizen soldier who serves Texas in the State Guard from also serving his or her community as, say, a school board member.

Opponents don't object to extending the exemption to State Guard members but argue that having to do so via constitutional amendment is problematic. They may have a point, but that's an argument for another day.

Yes on Proposition 8

The U.S. Department of Veterans Affairs runs medical centers in cities across Texas, including Dallas, Houston, San Antonio, El Paso and Amarillo. Bonham, Waco, Temple and Kerrville each have one, as does the West Texas town of Big Spring (population 24,270).

But, despite more than 1 million residents, the Lower Rio Grande Valley lacks an inpatient facility for veterans of the armed services.

Texans should vote yes on Proposition 8 and pave the way for a state-federal effort to establish a VA hospital along the border.

Veterans from McAllen and Harlingen to Brownsville now receive medical treatment by contract with local clinics and hospitals. It's a 300-mile drive to get treatment or hospitalization in a VA facility, and veterans deserve better. Texas voters previously passed amendments allowing the state to partner with the federal government to establish veterans' rest homes and cemeteries. Clarifying state authority to do the same for a VA hospital is common sense.

For 50 years, Texans have had a clear statutory right to go to the beach, thanks to the Open Beaches Act, which gives state government the right to order beachfront property owners to alter or move their property if, owing to the natural erosion of beaches, structures block or otherwise endanger public access to the beach. It gives the state the right to maintain a public easement between state-owned land; as long as beaches were fairly stable, this easement was simple to maintain.

Courts have routinely upheld the Open Beaches Act, but continued lawsuits and abuse by well-connected homeowners helped prompt the Legislature to pass Proposition 9. It would strengthen the public's right to access the seashore by elevating the Open Beaches Act to constitutional status, and we urge a yes vote.

One cannot legislate against the whims of Mother Nature, but Texas voters can help keep the tide from going out on unrestricted access to the beach – a right we have enjoyed for a half-century.

Yes on Proposition 10

In Texas' unincorporated areas, the job of ensuring that residents and businesses receive adequate fire and rescue service falls to a board of commissioners known as an emergency services district. These five-member boards are limited to two-year terms, but many commissioners say it takes at least a year just to become accustomed to the job, and then it's time to focus on a re-election campaign. The short cycle helps politicize these elections.

Both houses of the Legislature agreed unanimously that two-year terms are counterproductive because campaigning and fundraising in the second year can distract commissioners. There is no organized opposition to this proposition, but opponents have noted that a four-year term makes commissioners less accountable, which is a bad thing for a body that does have taxing authority.

Still, these emergency services commissioners should serve four-year terms so they can gain valuable experience and be more effective at a crucial job that directly affects people's lives and property.

For too long, state law had little to say on eminent domain. In 2005, the Legislature enacted additional limits on the taking of private land. Now, Proposition 11 would write restrictions into the state Constitution.

The proposed amendment makes clear that land can be taken only for public use. The government must own, use and "enjoy" the land after acquiring it. In short, the government couldn't take your land without a plan for putting it to use – and it couldn't take it only to sell it for a profit. Proposition 11 also would limit the Legislature's ability to grant the power of eminent domain to other entities, requiring two-thirds votes in both houses.

Finally, the amendment would prevent the government from clearing entire neighborhoods in the name of battling blight. This would protect the hard-working homeowner with the tidy house that has the misfortune to be surrounded by rotting properties.

Despite some imperfections, this amendment adds a layer of property-rights protection to the state's most important document.

We've quarreled with Edwin Flores, but he's the best of the field in this district. Flores gets the education side of his job – the most essential part – and has strongly backed Superintendent Michael Hinojosa's successful education reforms.

We expect Flores to hold district executives and trustees more accountable for financial and management reforms, as this side has been the Dallas school district's Achilles heel.

Opponents: Melvin Cannon, Kyle Renard, Linus Spiller

After one term representing District 3, Leigh Ann Ellis has begun to find her footing. She understands and acknowledges the financial and academic challenges facing DISD and has laid out specific ideas for improving transparency and student achievement.

Her challenge going forward will be to lead, rather than simply staying in lockstep with the board majority. But Ellis' ideas and experience convince us that she should be elected to a second term.

Opponents: Penny Anderly, Bea Martinez, Bruce Parrott

After more than a decade of controversy, voters in District 9 deserve steady leadership from someone who can bridge the gap between board, superintendent and community. We recommend school community liaison Bernadette Nutall.

Nutall, 43, says the board should take a more conservative approach to budgeting. She also believes Superintendent Michael Hinojosa must "step up his leadership role and the board should hold him accountable for his mistakes."

Opponents: Sally Cain, Juanita Wallace, Rossi Walter

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