The debate over local appraisal and revenue caps and eminent domain took a new turn Dec. 10 when the State Republican Executive Committee (SREC) unanimously voted to put these issues before voters in the March 2006 Republican primary.

Additionally, GOP voters will decide whether the state should require photo identification prior to voting.

“I’m excited because I think these ballot initiatives will bring out conservative voters to the polls in the primary,” said Republican Party of Texas Chairman Tina Benkiser. “And it also gives our grassroots a chance to voice their opinion on these issues.”

Benkiser wrote the ballot language for all four items. (Appraisal and revenue caps limit the speed at which local property taxes can go up.)

The Texas Election Code authorizes state party executive committees to place advisory referenda before the voters in that party’s primary. It also authorizes primary voters to get items on the ballot through a petition process. All four of this year’s ballot items were authorized by the State SREC. The referenda are advisory only and not binding.

In addition to authorizing the ballot items, the SREC passed a resolution calling on state government to return all surplus state revenues to local taxing entities and ordering those entities to reduce property taxes. The Associated Republicans of Texas, an organization founded by the late U.S. Sen. John Tower that helps elect conservative Republicans to state and local office, also passed a similar resolution. ART helped elect many of the current GOP members of the Legislature.

The SREC’s action is the latest twist on the intra-Republican battle over whether it is appropriate for the state government to limit local appraisals and revenue. Some Republican lawmakers support appraisal and revenue caps, arguing they limit government growth and keep taxes low. Other Republicans call the matter one of local control, best addressed by local elected officials and voters.

In the 2005 legislative session, appraisal caps failed to get the 100 votes required for a constitutional amendment. The revenue cap bill did pass the House – with several amendments that its authors opposed – and died in the Senate.

“We’ll oppose the reduction in appraisal caps again, and I’m hopeful that the other interest groups that opposed them along with us will also,” said Frank Sturzl, executive director of the Texas Municipal League. “I’m not terribly surprised by it. I think it was in the Republican platform last time.”

Sturzl also said the way the ballot language was worded may affect the results of the election. On appraisal caps, the ballot will read: “In order to address the inequity of homeowner’s property taxes increasing at a rate far above the rate of inflation, the current 10% cap on the rate of increase of appraised value for all homesteads shall be reduced to 5% or less.”

On revenue caps, the SREC approved the following language: “Every governmental body in Texas should be required to limit any annual increase in spending to the combined increase of population and inflation, except for additional spending authorized by a vote of the people or for official state of emergencies declared by the federal or state government.”

Sturzl commented, “I’ve read the ballot language and the results from that kind of language as opposed to saying ‘Would you be for it if you knew that it was going to reduce municipal services,’ that was a whole different question. So it doesn’t surprise me that it’s there, and it doesn’t surprise me that it’s worded that way. We know what we have to do.”

Benkiser stressed the importance of grassroots Republicans making their voices heard on the appraisal and revenue cap propositions. “As Republicans, we really do believe in less government and lower taxes and less regulation,” she said. “It offers the grassroots an opportunity to contradict the lobby effort of always thinking you need to throw more money at a problem. We want there to be accountability and reform in government.”

Appraisal cap supporters who wanted these items added to the GOP primary ballot predict they will pass overwhelmingly. They also think that a resounding yes will change the mind of some GOP legislators currently skeptical of caps. “The Republican Party officials who voted to put the spending caps initiative on the primary ballot are to be commended for their effort to gauge their voters’ support for taxpayer protections,” said Peggy Venable, Texas director of Americans for Prosperity.

“I anticipate this initiative will resonate with voters and wish it were on both primary ballots. Texas has been a hotbed of activity on taxpayer protections. If voters support the spending caps initiative as we anticipate they will, taxpayers will likely hold Republican officeholders’ feet to the fire,” she added.

Sturzl was not ready to predict whether the election will sway the issue when it next reaches the Legislature. “There are so many variables involved in that,” he said. “Clearly we’ll be doing our own research, and we’ll be doing our own work. We’ll be doing our own polling. We’ll be doing our own pieces on what the effect of such action will be.”

In addition to appraisal and revenue caps, GOP primary voters will get to vote on eminent domain and photo ID at the polls. The Legislature passed, and the governor signed, a statutory prohibition on taking land though eminent domain for economic development. But some GOP senators balked at writing that restriction into the Constitution. Some GOP senators even voted to sunset the bill. “This will give our voters an opportunity to really help our legislature understand how important private property is and protecting that,” Benkiser said.

The ballot item states, “The Texas Legislature should place on the next Constitutional Amendment election ballot, a proposition to protect private property from being taken for economic purposes.”

Another ballot item asks voters whether “The Texas Legislature should enact legislation requiring that voters provide valid photo identification in order to cast a ballot in any and all elections conducted in the State of Texas .”

This is an issue that is very important to the state GOP. The state party actively supported the effort to pass a bill in the Legislature. Though the House twice passed the bill, it died in the Senate on a point of order. The photo ID law has very little, if any, support from House and Senate Democrats. Almost all Republicans support it. Only three GOP representatives and no senators are on the record opposing photo ID at the polls. “We have to protect the integrity of the ballot box, and that’s why the photo ID is so important,” Benkiser said. “We almost got that through in the last legislative session, and we intend to do everything we can to get that though in 2007.”

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