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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Sept. 10, 1987)
fiber 10,198' Thursday, September 10, 1987/The Battalion/Page 11 —m oice rectc exon it- stale anchhe$(t. s the l)cst inoc, ailment knowtut: I leflin said, refa at flows throught Sessions’ wife, .lii iaia, txxh sittini: (changed smilet year-old judge . IVashington. Fro: jg ; hief of the gotr..,, ,e< tion of the Jut. criminal divki , obscenity, drain*: u f raud cases. 'V in San / World and Nation Iran vows revenge against Iraqi attack on cities, factories MANAMA, Bahrain (A.P) — Iraq said its warplanes attacked Iranian cities, power plants, fac tories and oil centers Wednesday in retaliation for attacks on Ku wait and to force Iran to accept a U.N.-sponsored cease-fire. Iran said 105 civilians were killed and vowed to avenge them. The raids came two days be fore United Nations Secretary- General Javier Perez de Cuellar is due to arrive in Tehran on a mis sion to end the 7-year-old war. Iran said it shot down three Iraqi jets and captured one pilot when groundfire hit his French- built Mirage over the western city of Arak. Iraq acknowledged los ing one plane. Shipping executives worried that Iranian commandos in speedboats might stage another round of retaliatory raids on for eign merchant ships in the Per sian Gulf, where U.S. warships have been guarding Kuwaiti tankers against attack by Iran. “Iraq today avenged Iranian at tacks on Kuwait in a series of powerful and destructive strikes staged by large numbers of Iraqi fighter jets on 13 different targets deep in Iran,” said military com muniques quoted by the official Iraqi News Agency, monitored in Cyprus. The communiques said Iraq will “continue its attacks . . . until the Iranian regime accepts to live with the people of the region in peace and puts an end to the war” in accordance with the July 20 U.N. cease-fire resolution. Kuwait last week accused Iran of firing a Chinese-made Silk worm missile at its southern coast on Friday and appealed for ur gent U.N. action. No casualties were reported. INA said the Iraqi warplanes bombed 11 cities and two other industrial targets. It said later that Iran shelled the southern city of Basra and the northern border town of Khanaqin with long- range artillery. Iraq’s air force, which out numbers Iran’s depleted air force by around 8 to 1, flew 122 combat missions and helicopter gunships flew 43 more during the “day of revenge,” INA said. INA earlier said Iraqi planes hit two unidentified “large mari time targets,” Tuesday night near Iran’s Kharg Island oil terminal in the northern gulf. Iraq em ploys the term “maritime target” to describe commercial vessels, usually tankers. Gulf-based shipping executives said they could not confirm the strikes, but said preliminary re port? indicated two tugboats were hit and that one may have sunk. Iran’s Islamic Republic News Agency, also monitored in Cy prus, acknowledged attacks on the western cities of Arak, Do- roud and Bakhtaran and the vil lage of Razgari near Piranshahr in northwest Iran. It said 105 ci vilians were killed or wounded. onl notninat p in 1974. ■-page stator lee, Rep. la mo, took era Sessions to I i for outgoing! Webster, wh I A. ' said that wc bat the job« lUtior and chafe- e clear lie would:: e idea anions: PUBLIC NOTICE BRIEF EXPLANATORY STATEMENTS OF PROPOSED CONSTITUTIONAL AMENDMENTS SPECIAL ELECTION NOVEMBER 3. 1987 PROPOSITION NO. 1 ON THE BALLOT even make House Joint Resolution 104 pro- c letters on hi: loses a constitutional amendment to said. ‘How the legislature to provide a uelv, the pr-bUt^Htee for the Texas grain ware- cce his confide::‘flBe self-insurance fund. The guar- uine humility i inte<- of the fund may not exceed $5 aid. rulllon, and when the fund reaches ert Bustamairt'5 million, the guarantee will cease. he had cor le serving before com he found hi [h, but min ate citizens, e more libei ttee. liuce will \ The proposed amendment will ap- »ear on the ballot as follows: , - ‘‘The constitutional amendment to provide for the surety of a grain jv O w^rehouse fund to be established by the grain industry for the pro- , tection of farmers and depositors of grain in public warehouse fa cilities.” on Sept. 15 it begins heari ■sled Supren of federal apf t H. Bork. PROPOSITION NO. 2 I , ON THE BALLOT Hbuse Joint Resolution 60 pro- oses a constitutional amendment to ennit rural fire prevention districts a counties with populations over 00,j)00 to levy a tax at a rate not to ■^^^W/JAxceed six cents ($.06) per $100 F vli r ®perty valuation for the district, fJBe voters of the district approve Oi/rTS The proposed amendment will ap- v ear on the ballot as follows: ‘‘The constitutional amendment to raise the maximum property tax rate that may be adopted by cer tain rural fire prevention dis tricts, but only if approved by the districts’ residents.” oses nng water, a t< obile because si y (be bills, larlan, a forme: PROPOSITION NO. 3 ON THE BALLOT r, had been ski House Joint Itesolution 48 pro- his death. Theloses a constitutional amendment to ainly on theJ5Wtend the school ad valorem tax ex- mie from mmerioption for elderly persons to the ned in 1952frorTrvjving spouse of a person receiv- owned United i l & the exemption. If a surviving louse is at least 55 years old at the tne of death of the person receiving xas law, a deed; 16 [exemption, ad valorem public )petty must effi^ 100 ! taxes could not be increased antee, wordsofc 1 ^ 0T1 8' ^ the homestead remained •asonable descni ie ’ residence homestead of the sur- Z. The Texas spouse. ilcd thatifadc proposed amendment will ap- a descnpii' iarion the ballot as follows: <•'document o" constitutional amendment to limit school tax increases on the uled that thei homestead of the surviv- ent'conveyance s P ouse of an elderl y P^son if md gave the survlvin £ spouse is at least 55 hlren from a f eserving one-tt i. Harlan. years of age.’ PROPOSITION NO. 4 ON THE BALLOT “The constitutional amendment authorizing agreements between the State Department of High ways and Public Transportation and the Texas Turnpike Authority and the governing bodies of coun ties with a population of more than 400,000, adjoining counties, and cities and districts located in those counties to aid turnpikes, toll roads, and toll bridges by guaranteeing bonds issued by the Texas Turnpike Authority.” PROPOSITION NO. 6 ON THE BALLOT House Joint Resolution 4 proposes a constitutional amendment to allow the legislature to establish three separate development funds. A Texas product development fund could be established to aid in the de velopment and production of new or improved products in the state. The amendment would authorize the issuance of up to $15 million of gen eral obligation bonds to provide in itial funding for the program. A Texas small business incubator fund could be established to foster and stimulate the development of small businesses in the state. Small busi nesses operating under the program would be exempt from ad valorem taxation. The amendment would au thorize the issuance of up to $10 million in general obligation bonds to provide initial funding for the program. A Texas agricultural fund could be established to promote the production, processing and market ing of agricultural products pro duced primarily in Texas by small Texas agricultural businesses. The amendment would authorize the issuance of general obligation bonds in the amount of $100 million out standing at one time to carry out the agricultural fund program. The legislature could require review and approval of the issuance of bonds and the use of bond proceeds. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment authorizing the legislature to pro vide for state financing of the development and production of Texas products and businesses.” PROPOSITION NO. 7 ON THE BALLOT Senate Joint Resolution 55 pro- and mental health and mental re tardation facilities.” PROPOSITION NO. 9 ON THE BALLOT Senate Joint Resolution 9 proposes a constitutional amendment to pro vide that a state legislator is eligible to serve in another state office even if the compensation of the office was increased during his legislative term or even if the appointment is made in whole or in part (including Senate confirmation) by the legis lature. The legislator could not, how ever, receive the increased compen sation approved during his legisla tive term. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment to provide that a member of the legislature is eligible to be elected or appointed and to serve in a different state office but may not receive an increase in compensa tion granted to that office during the legislative term to which he was elected.” PROPOSITION NO. 10 ON THE BALLOT Subsections (d) and (e) of Sec tion 1 of Senate Joint Resolution 12 propose a constitutional amendment to allow the legislature to exempt from ad valorem taxation all tangi ble personal property except struc tures which are used as residential dwellings and property held or used for the production of income. This exemption would be in addition to the personal property homestead ex emption already established by the constitution. If the legislature au thorizes the exemption of additional personal property from taxation, under this amendment, local political subdivisions may pass resolutions providing for taxation of such prop erty unless the property is exempt from ad valorem taxation under an other law. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment to allow the legislature to exempt from ad valorem taxation certain personal property not held or used for the production of in come.” PROPOSITION NO. 11 ON THE BALLOT Section 1, Subsections (f) and (g) of Senate Joint Resolution 12 pro pose a constitutional amendment to exempt from ad valorem taxation goods, wares, merchandise, and ores other than oil, gas and petroleum products. These items would be ex empt from taxation only jf they originated outside the state and were located in the state for a period of 175 days or less for purposes of valorem tax of up to ten cents ($.10) per $100 valuation of the property located in the district. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment to allow for the creation and estab lishment, by law, of special dis tricts to provide emergency ser vices.” PROPOSITION NO. 14 ON THE BALLOT Senate Joint Resolution 34 pro poses a constitutional amendment to allow the state a limited right to appeal criminal cases. Under cur rent law, only criminal defendants are allowed to appeal. This proposed amendment would allow the legis lature to pass laws granting stai -s prosecutors the right to appe-l limited circumstances. The proposed amendment v I pear on the ballot as follows “The constitutional an t giving the state a limi ^ht to appeal in criminal poses a constitutional amendment to assembly, storage, manufacture, pro- authorize the legislature to provide cessing, or fabrication. Such prop- for the issuance of $400 million in erty could be taxed by a county, tied, hut Juslict House Joint Resolution 5 proposes general obligation bonds to be used school district, or municipality if for loans to local governments for the governing body of the political acquisition, construction, repair, subdivision took official action to renovation, and equipment of public provide for the taxation of the items facilties or for grants to local gov- while they were located in the polit- emments for planning public facili- ical subdivision. If the governing ties. The amendment would also per- body of a political subdivision took mit the issuance of revenue bonds official action to tax the items be- for the same purposes to be repaid fore January 1, 1988, the tax would from excess revenue from repay- be effective for the 1988 tax year. iiiusLui ments of loans made under the If the action were taken after Jan- i lie 'mineral'b ^ er obli gations payable from ad amendment and from other rev- uary 1, 1988, and before April 1, ihciu in iiiTes lorem taxes mus t be approved by enues pledged to the retirement of 1988, the tax would become effective ned in iffidm 6 voters in the political subdivi- revenue bonds. The amendment also January 1, 1989. “ ’ ‘ ‘ ’ ' ” authorizes the legislature to provide The proposed amendment will ap- for review and approval of the pear on the ballot as follows: issuance of the bonds and the use “The constitutional amendment of the bond proceeds. providing for the exemption from The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment providing for the issuance of gen eral obligation bonds to finance certain local public facilities.” 11th Court of.k Cons tit u ti° na l amendment to allow he lower court 1 ! 6 legislature to create programs aroperty could n ' ia ^ e loans and grants of money r development and diversification eed records at economy, elimination of un land documents v ^ byTIient and underemployment, ,nty courthouse>‘ mu ^ at ^ on agricultural innova- onsofthe prot/ 11 ’ Promotion of agricultural en- 1 rprises, and development of trans- most of hertiui :rtation and commerce. Bonds or tineral leaseso't seekin £' such funding sources, no other will. The Imposed amendment will ap- ar on the ballot as follows: “The constitutional amendment authorizing the legislature to pro assistance to encourage eco nomic development in the state.” 11 aueni 7estin;“'<' vnomi npony ad valorem taxation of certain property that is located in the state for only a temporary period of time.” PROPOSITION NO. 5 ON THE BALLOT Bouse Joint Resolution 65 pro- >hio, television tes a constitutional amendment to cable TV com^rmit the State Department of 'epresents a bif ghways and Public Transporta- areholders. nf;fo contract with the Texas PROPOSITION NO. 8 ON THE BALLOT Senate Joint Resolution 56 pro poses a constitutional amendment to if buying oul' rnpike Authority and to contrib- allow the legislature to authorize the who together money to the costs of turnpikes, Tt’s shares, is roads and toll bridges of the hareholders art thority. The amendment would $ 157 a share,0 ! Tierize the governing body of a »re of FMI FiMnty with a population over . hOOO, a county adjoining such 2 company owfnty, and any city or district lo- nancier Carl L»d in or partially in such county "aft’s entertainiPtoake agreements with the Texas issuance of up to $500 million in gen eral obligation bonds to be used to acquire, construct, and equip new correctional institutions and mental health and mental retardation in stitutions or to repair existing in stitutions. The amendment also au thorizes the legislature to provide for review and approval of the issuance of the bonds and the proj- Jcers of the rnpike Authority and levy ad Huckleberry Harem taxes to pay part or all of ects to be financed by the bond pro- dner owns 16.2p principal and interest on Turn- ceeds. e Authority bonds and to pay The proposed amendment will ap- major sharek'Hteaance and operating expenses pear on the ballot as follows: son of the cok the Turnpike Authority, if the “The constitutional amendment get a televisioni® 1 * 8 approve the tax. authorizing the issuance of gen- ce to build k' be proposed amendment will ap- eral obligation bonds for projects relating to corrections institutions company. r on the ballot as follows: PROPOSITION NO. 12 ON THE BALLOT Senate Joint Resolution 35 pro poses a constitutional amendment to allow a married couple to agree in writing that all or part of their community property will become the property of the surviving spouse if one spouse dies. The proposed amendmen will ap pear on the ballot as follows: “The constitutional amendment permitting spouses to hold com munity property with right of survivorship.” PROPOSITION NO. 13 ON THE BALLOT Senate Joint Resolution 27 pro poses a constitutional amendment to authorize the creation of special dis tricts to provide emergency services. The commissioners court in a county participating in a district could, up on approval of the voters, levy an ad PROPOSITION O. 15 ON THE _._OT House Joint F :s ution 35 pro poses a constitut ! amendment to abolish the or of county trea surer in Greg; County and trans fer the duties <r that office to the county auditor or an elected official designated by the commissioners court. The amendment would also abolish the office of county treasurer in Fayette and Nueces counties if a majority of the voters in those counties vote in favor of the amend ment. In Fayette County, the func tions of the treasurer would be transferred to the county auditor or the officer succeeding to the audi tor’s functions. In Nueces County, the powers, duties, and functions of the treasurer would b*' transferred to th< r clerk. jsed amendment will ap peal oti .ne ballot as follows: “The constitutional amendment to provide for the abolition of the office of county treasurer in Gregg, Fayette, and Nueces coun ties.” PROPOSITION NO. 16 ON THE BALLOT Senate Joint Resolution 6 proposes a constitutional amendment to allow the commissioners court in a county with a population of more than 150,000 to establish more than one Justice of the Peace court in each Justice of the Peace precinct, i.e., to provide for the election of more than one Justice of the Peace in each Justice of the Peace precinct. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment providing that certain justice pre cincts may contain more than one justice of the peace court.” PROPOSITION NO. 17 ON THE BALLOT Senate Joint Resolution 26 pro poses a constitutional amendment to allow the legislature to define by law those municipal functions that are governmental and those that are proprietary. This authorization would apply to laws passed by the 70th Legislature, 1987, and by fu ture legislatures in regular or special session. A municipality is liable for damages arising out of acts committed under its proprietary functions, but not its governmental functions. Definition of such func tions by the legislature would clarify the liability of a municipality in civil lawsuits filed against it. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment authorizing the legislature to de fine for all purposes the govern mental and proprietary functions of a municipality.” PROPOSITION NO. 18 ON THE BALLOT House Joint Resolution 18 pro poses a constitutional amendment to authorize the legislature to provide for the creation, operation, and fi nancing of jail districts. Financing of a jail district could be accom plished through the issuance of bonds and other obligations, or by levy of an ad valorem tax on prop erty located in the district if the qualified electors of a district ap prove an ad valorem tax or bonds secured by a property tax. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment relating to the creation, opera tion, and financing of jail dis tricts.” PROPOSITION NO. 19 ON THE BALLOT House Joint Resolution 88 pro poses a constitutional amendment to authorize the issuance of $500 mil lion in general obligation bonds, the proceeds of which will be used to establish a superconducting super collider fund. The fund would be used to provide economic incentives for the superconducting super col lider research facility, and the agency administering the fund would be a’ horized to grant land or property to the United States government for undertakings re- lat'H to +he facility. Thf* oposed amendment will ap- pe the ballot as follows: e constitutional amendment athorizing the issuance of gen eral obligation bonds to fund un dertakings related to a supercon ducting super collider research facility sponsored or authorized by the United States government, and to make appropriate grants for such undertakings.” PROPOSITION NO. 20 ON THE BALLOT House Joint Resolution 96 pro poses a constitutional amendment to allow the legislature to provide ad valorem tax relief for mobile off shore oil and gas well drilling equip ment. The tax relief would be limited to equipment that is being stored while not in use in a county that is adjacent to the Gulf of Mexico or on a bodv '' r • ater that is adjacent to the Gulf oi xico. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment to authorize the legislature to provide ad valorem tax relief for certain offshore drilling equip ment that is not in use.” PROPOSITION NO. 21 ON THE BALLOT Senate Joint Resolution 17 pro poses a constitutional amendment to provide for legislative involvement in the executive branch of govern ment by permitting the legislature to include the speaker of the house of representatives in the member ship of an agency or committee that includes officers of the executive branch of government and performs executive functions. Under current law, the legislature is not allowed to exercise any powers in executive matters under Article II of the Texas Constitution, which provides for the “separation of powers” into three distinct departments. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment permitting the legislature to in clude the speaker of the house of representatives or the speaker’s appointee in the membership of an executive agency or committee.” PROPOSITION NO. 22 ON THE BALLOT Senate Joint Resolution 53 pro poses a constitutional amendment to allow the legislature to limit the term of office of a gubernatorial ap pointee to a vacancy in a state or district office to a partial, tempo rary term if the appointment is made on or after November 1 of the last year of the governor’s term and the governor is not reelected. Under this amendment, the legisla ture may provide that the tenure of such an appointee would end sooner than the term would normally ex pire. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment to allow the legislature to limit the authority of a governor to fill vacancies in state and district of fices during the end of the gov ernor’s term if the governor is not reelected.” PROPOSITION NO. 23 ON THE BALLOT Senate Joint Resolution 54 pro poses a constitutional amendment to authorize the Texas Water Develop ment Board to issue an additional $400 million in water development bonds. Of the $400 million author ized, $200 million would be desig nated for conservation and develop ment of water resources, $150 million would be designated for wa ter quality enhancement, and $50 million would be designated for flood control. The amendment also authorizes the legislature to provide for review and approval of thfe issuance of the bonds and the use of the bond proceeds. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment to authorize the issuance of an additional $400 million of Texas Water Development Bonds for water supply, water quality, and flood control purposes.” PROPOSITION NO. 24 ON THE BALLOT House Joint Resolution 83 pro poses a constitutional amendment to allow a county to use county equip ment and personnel to perform work, without compensation, for an other governmental entity if the commissioners court finds that the work will not interfere with the per formance of county work and ap proves performance of the work. The governmental entity must he located wholly or partly in the coun ty, and the governing body of the governmental entity must file a written work request with the com missioners court. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment to permit a county to perform work, without compensation, for another governmental entity.” PROPOSITION NO. 25 ON THE BALLOT Senate Joint Resolution 5 proposes a constitutional amendment to allow the Legislature to authorize Randall County to levy a tax for the benefit of the Amarillo Hospital District. Any such tax could be levied only on property located outside the City of Amarillo and outside the South Randall County Hospital District. The tax could not he more than 75<f per $100 property valuation and would be effective only upon ap proval by the voters in the area to be taxed. If the tax is authorized by the Legislature and approved by voters, the Amarillo Hospital Dis trict is to serve residents of part of Randall County. If a tax is levied under this provision, Randall Coun ty must repay the State for the cost of publication of this amendment. The proposed amendment also permits the legislature to authorize a hospital district to change its boundaries or jurisdiction if the dis trict was created or authorized by a constitutional provision that in cludes a description of the bounda ries or jurisdiction of the district. Any change in the boundaries or jurisdiction of such a hospital dis trict would become effective only upon approval of the voters in the district. The proposed amendment will ap pear on the ballot as follows: “The constitutional amendment authorizing the legislature to per mit the Amarillo Hospital District to serve certain residents of Randall County, to authorize Randall County to provide finan cial assistance to the district, and to authorize certain hospital dis tricts to change their boundaries or jurisdiction with voter approv al.” EXPLANATORY STATEMENT FOR STATEWIDE REFERENDUM NO. 1 Senate Bill 86 submits to the voters the question of whether the 15 members of the State Board of Education should be appointed in stead of elected. If the proposition passes, the Governor will appoint a member of the board for each dis trict, with the consent of the Sen ate. If the proposition fails, the members will be elected from these districts. The referendum will appear on the ballot as follows: “The State Board of Education shall be composed of members who are appointed from districts instead of elected, with equal rep resentation throughout the State of Texas.” EXPLANATORY STATEMENT FOR STATEWIDE REFERENDUM NO. 2 The Texas Racing Act submits to the voters the question of whether pari-mutuel wagering should be legal in Texas on a county-by county local option basis. If pari mutuel wagering is adopted by the voters statewide, a county must also pass a separate proposition on pari mutuel wagering at an election held in the county before any such wager ing may be conducted in that coun ty. The referendum will appear on the ballot as follows: “The legalization of pari-mutuel wagering under the Texas Racing Act on a county-by-county local option basis.”