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Page 6 The Battalion
Hurricanes are quiet before UH storm
MIAMI (AP) — For a team of
self-proclaimed vigilantes, the
Miami Hurricanes have been un
usually well-behaved this week
as they await Thursday night's
shootout with Houston.
The Hurricanes have made no
predictions or promises, no
taunts or threats. They've failed
to live down to their bad-boy rep
utation.
The reason: coach Dennis Er
ickson ordered his players to stop
talking to the media.
"I just felt it was time to focus
in on the game," Erickson said.
"We were really getting ham
mered (in the press), and that
needed to stop."
Houston coach John Jenkins
complained about "derogatory
remarks" by the Hurricanes,
which culminated last week
when defensive tackle Eric Miller
said Miami was out to get
Cougars quarterback David Klin-
gler.
"We see ourselves being the
vigilantes for all those teams that
get the score run up on them" by
Houston, Miller said. "We just
want Klingler. We want him so
bad. He's kind of a showboat.
"They don't have a running
game. Once you beat up Klingler,
they'll be rattled and they'll be
out of control. They're one-di
mensional. Throw off Klingler,
and the offense collapses."
Since Miller's comments, the
Hurricanes have maintained pub
lic silence. The Cougars also have
had little to say, since Jenkins or
dered them not to become in
volved in a trash-talking ex
change.
"We'll talk after the game is
over," Houston nickel back Ty
rone Davis said.
No taunting on the field?
"We're going to try to win the
battle after each snap," Klingler
said. "Miami can win the battle
when the ball's not in play."
Barbs aside, the nationally
televised game pits the Team of
the '80s against the Offense of the
'90s. It's a chance to measure Mia
mi's staying power and Hous
ton's emergence as a national
force.
"The TV ratings ought to be
completely off the charts," Jenk
ins said.
The second-ranked Hurri
canes and lOth-ranked Cougars
are both 1-0. Heisman Trophy
contender Klingler doubts that a
Houston victory would impress
his team's detractors.
"They can always find an ex
cuse. They might say Miami isn't
as good as they used to be," he
said. "And if we lose, they'll say,
'We knew it.'"
PUBLIC NOTICE
BRIEF EXPLANATORY STATEMENTS
OF PROPOSED
CONSTITUTIONAL AMENDMENTS
SPECIAL ELECTION
NOVEMBER 5, 1991
PROPOSITION NO. 1
ON THE BALLOT
House Joint Resolution 114 pro
poses a constitutional amendment
that would authorize home rule cities
having a population of 5,000 or
fewer inhabitants to amend their
city charters by a majority vote of
a city’s qualified voters at an elec
tion held for that purpose. The
amendment makes clear that home
rule cities that have declined in
population below the population re
quired to initially adopt a charter
may nevertheless continue to amend
their charters.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment al
lowing home-rule cities with a
population of 5,000 or less to
amend their charters by popular
vote.”
PROPOSITION NO. 2
ON THE BALLOT
House Joint Resolution 10 pro
poses a constitutional amendment
that would allow the legislature to
authorize the Texas Department of
Transportation to expend money,
from any source available, for the
costs of the turnpikes, toll roads, or
toll bridges of the Texas Turnpike
Authority, provided that any monies
expended from the state highway
fund shall be repaid to the fund
from tolls or other turnpike rev
enue.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
mandating the repayment to the
Department of Transportation of
monies expended to assist the
Texas Turnpike Authority in the
construction, maintenance, and op
eration of turnpikes, toll roads
and toll bridges.”
PROPOSITION NO. 3
ON THE BALLOT
Senate Joint Resolution 26 pro
poses a constitutional amendment
that would authorize the Veterans’
Land Board to invest, as authorized
by law, moneys of the Veterans’
Land Fund which are not immedi
ately committed to the payment of
principal and interest on bonds
issued by the Veterans’ Land Board,
the purchase of lands, or the pay
ment of expenses. Investment of
such moneys would no longer be re
stricted to investments in bonds or
obligations of the United States. The
proposed amendment would also
authorize the Veterans’ Land Board
to invest, as authorized by law,
moneys of the Veterans’ Housing
Assistance Fund which are not im
mediately committed to the payment
of principal and interest on general
obligation bonds issued by the Vet
erans’ Land Board for the benefit
of the Veterans’ Housing Assistance
Fund, the making of home mor
tgage loans, or the payment of ex
penses. Investment of such moneys
would no longer be restricted to in
vestments in bonds or obligations of
the United States. The proposed
amendment gives the legislature
power to implement the amendment
and to delegate such duties and au
thority to the Veterans’ Land Board
as it deems necessary.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment to
authorize the legislature to further
implement and enhance the ad
ministration of the veterans’
housing assistance and land pro
grams and to expand the invest
ment authority of the Veterans’
Land Board.”
PROPOSITION NO. 4
ON THE BALLOT
Senate Joint Resolution 4 proposes
a constitutional amendment that
would allow the legislature to au
thorize the issuance of a maximum
of $1.1 billion in general obligation
bonds. The proceeds of the bonds are
to be used to acquire, construct, or
equip new prisons and substance
abuse felony punishment facilities,
mental health and mental retarda
tion institutions, and youth correc
tions institutions, to repair and reno
vate existing facilities of those
institutions and to acquire, repair,
or renovate other facilities for use
as state prisons or substance abuse
felony punishment facilities. The
$1.1 billion is in addition to the $900
million currently authorized by the
constitution to be expended on bond
issues for facilities of correctional
and mental health and mental re
tardation institutions. The bonds
would constitute a general obligation
of the state. The bonds and interest
on the bonds would be paid from the
first money coming into the state
treasury that is not otherwise ap
propriated by the constitution, less
any amount in a sinking fund at the
end of the preceding fiscal year that
is pledged to payment of the bonds
or interest.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
authorizing the issuance of up to
$1.1 billion in general obligation
bonds for acquiring, constructing,
or equipping new prisons or other
punishment facilities to confine
criminals, mental health and men
tal retardation institutions, and
youth corrections' institiitions, for
major repair or renovation of
existing facilities of those institu
tions, and for the acquisition of,
major repair to, or renovation of
other facilities for use as state
prisons or other punishment fa
cilities.”
PROPOSITION NO. 5
ON THE BALLOT
Senate Joint Resolution 39 pro
poses a constitutional amendment
that would allow a county, junior
college district, or municipality to
exempt tangible personal property
from ad valorem taxation if: (1)
the property is acquired or brought
into the state in an enterprise zone
to be forwarded outside the state,
(2) the property is assembled,
stored, repaired, maintained, manu
factured, processed, or fabricated
in the enterprise zone, (3) the prop
erty is transported outside the state
not later than 175 days after being
acquired or brought into an enter-
prize zone, and (4) the person who
acquired or brought the property
into an enterprise zone is a qualified
business. A county, junior college
district, or municipality may exempt
such property by entering into a
written agreement with a qualified
business that states the duration of
the exemption and the terms on
which the exemption is granted. Any
action to exempt property must be
taken before April 1 of the first
year in which the property would
otherwise be taxed. The term “enter-
prize zone” means an area that (1)
has been designated as such by a
state agency responsible for econom
ic development, and (2) has per
vasive poverty, unemployment, and
economic distress. The term “quali
fied business” means a business that
meets the qualification established
by general law. and requires that
the qualified business is actively en
gaged in a new business in the enter-
prize zone or is expanding a business
that is already active in the enter
prise zone. An enterprise zone is
created to foster economic develop
ment in an area of pervasive pov
erty and unemployment.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
authorizing the exemption for ad
valorem taxes of certain property
in an enterprise zone.”
PROPOSITION NO. 6
ON THE BALLOT
Senate Joint Resolution 8 proposes
a constitutional amendment that
would establish a Texas Ethics
Commission with the powers and
duties provided by law. The com
mission would consist of eight ap
pointed members selected as fol
lows: two members of different
political parties appointed by the
governor from a list of at least ten
names submitted by the members of
the house of representatives from
each major political party; two
members of different political par
ties appointed by the governor from
a list of at least ten names sub
mitted by the members of the senate
from each major political party;
two members of different political
parties appointed by the speaker of
the house of representatives from a
list of at least ten names submitted
by the members of the house from
each major political party; and two
members of different political par
ties appointed by the lieutenant
governor from a list of at least ten
names submitted by the members of
the senate from each major political
party. A major political party is a
political party required by law to
hold a primary. With the exception
of the initial appointees, commission
members would serve for four-year
terms. A member who has served for
one term and any part of a second
term would not be eligible for reap
pointment. The commission would
be authorized to recommend the
salary of the members of the legis
lature and may recommend that the
salary of the speaker of the house
of representatives and the lieutenant
governor be set at an amount higher
than that of other members. If the
commission recommends a change in
salary, the voters would be autho
rized to accept or reject the salary
change at the next general election
for state and county officers. If the
voters approve the recommended
salary, that salary would take effect
January 1 of the next odd-numbered
year; if the voters reject the recom
mended salary, no change in salary
would occur. The commission would
set the per diem of the members of
the legislature and of the lieutenant
governor. The per diem could be
raised or lowered biennially as
necessary to pay members’ costs,
but could not exceed the amount al
lowed as of January 1 that year as
a federal income tax deduction for
living expenses incurred in a legis
lative day in connection with a mem
ber’s business as a legislator, disre
garding any federal income tax ex
ception for legislators residing near
the Capitol. The commission would
have other'powers and duties pro
vided by the commission’s enabling
act (Senate Bill 1, 72nd Legislature,
Regular Session). The amendment
would also provide that an increase
in the emoluments of the office of
Lieutenant Governor would not make
a legislator ineligible to serve in the
office of Lieutenant Governor.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
. creating the Texas Ethics Com
mission and authorizing the com
mission to recommend the salary
for members of the legislature
and the lieutenant governor, sub
ject to voter approval, and to set
the per diem for those officials,
subject to a limit.”
PROPOSITION NO. 7
ON THE BALLOT
Senate Joint Resolution 6 proposes
a constitutional amendment that
would allow the board of trustees of
each statewide public retirement
system to invest the funds of the
system in such manner as the board
considers prudent. The board would
no longer be limited to investing the
funds of the system in securities.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
to allow the board of trustees of
a statewide public retirement sys
tem to invest the funds of the
system in a manner that the board
considers prudent.”
PROPOSITION NO. 8
ON THE BALLOT
Senate Joint Resolution 21 pro
poses a constitutional amendment
that would permit the legislature to
create debt by or on behalf of the
state if the legislature submitted
the debt question to the voters of
the state in the form of a proposi
tion and a majority of those voting
approved the proposition. The legis
lature may call the election, by joint
resolution approved by at least two-
thirds of the members of each house,
during any regular session or dur
ing any special session if the subject
of the proposition is included in the
Governor’s proclamation for that
special session. A proposition must
clearly describe the amount and pur
pose for which debt is to be created
and must describe the source of pay
ment for the debt. The amount of
debt stated in the proposition may
not be exceeded and may not be re
newed unless the right to exceed or
renew is stated in the proposition.
The legislature may enact laws
necessary to implement the authority
granted by a proposition. A law en
acted in anticipation of the election
on a proposition is valid if, by its
terms, it is enacted subject to ap
proval of the related proposition.
State debt that is created following
voter approval of a proposition and
that is approved by the Attorney
General is incontestable for any
reason.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
authorizing the voters of this state
to consider state debt questions in
the form of ballot propositions
that must clearly describe the
amounts, purposes, and sources of
payment of the debt only after
approval of the propositions by a
two-thirds vote of each house of
the legislature.”
PROPOSITION NO. 9
ON THE BALLOT
Senate Joint Resolution 11 pro
poses a constitutional amendment
that would authorize the commis
sioner of the General Land Office
to issue patents for certain public
free school fund land for which
there is not a valid transfer of title
from either the State or the Republic
of Texas to a private party. A patent
is a document of title issued by the
state. On application to the School
Land Board, a person is entitled to
receive a patent if: (1) the land is
surveyed public free school fund
land, (2) the land was not patentable
under the law before the adoption of
this proposed amendment, (3) the
person acquired the land without
knowledge of the title defect out of
the State of Texas or the Republic
of Texas and held the land under
color of title, the chain of which
dates from at least January 1, 1941,
(4) the person has a recorded deed
on file in the county courthouse
and, in conjunction with his prede
cessor in interest, has claimed the
land for at least fifty years as of
January 1, 1991. and (5) the per
son, in conjunction with his prede
cessor in interest, for at least 50
years has paid taxes on the land
together with all interest and pen
alties associated with any delin
quency. If the applicant is denied a
patent, the apnlicant may file suit
against the School Land Board in a
district court in the county where
the land is located within 60 days
from the date of denial. The pro
posed amendment does not apply to
beach land, submerged land, or
islands, and may not be used to
resolve a boundary dispute. The pro
posed amendment also does not apply
to land found by a court to be state-
owned or to land on which the state
has given a mineral lease that is in
effect when a patent is sought. A
patent under this proposed amend
ment for land within five miles of
mineral production shall reserve
minerals to the state in the manner
provided by law for reservations of
minerals in sales to claimants of un
surveyed school land within five
miles of production. An application
for a patent under this proposed
amendment must be filed with the
School Land Board before January
1,1993.
Th ; s proposed constitutional
amendment is similar to the version
of article VII. section 4A, that was
in effect between 1981 and 1990.
The main difference is that under
the earlier version the applicant for
a patent to land had to have a chain
of title that dated back to at least
as early as January 1, 1932.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
authorizing the commissioner of
the General Land Office to issue
patents for certain public free
school fund land held in good faith
under color of title for at least 50
years.”
PROPOSITION NO. 10
ON THE BALLOT
Senate Joint Resolution 15 pro
poses a constitutional amendment
that would allow the legislature to
pass general laws to exempt proper
ty owned by a nonprofit corporation
organized to supply water or pro
vide wastewater service from ad
valorem taxation. A nonprofit cor
poration would be eligible for the
exemption if its bylaws provide that
on dissolution, the assets remaining
after the discharge of the corpora
tion’s indebtedness will be trans
ferred to an entity providing water
supply or wastewater service, or
both, which is exempt from ad
valorem taxation. The transferred
assets must be property that is rea
sonably necessary for and used for
water supply and wastewater ser
vices.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
authorizing the legislature to ex
empt from ad valorem taxes cer
tain property of a nonprofit
corporation that supplies water or
provides wastewater service.”
PROPOSITION NO. 11
ON THE BALLOT
House Joint Resolution 8 proposes
a constitutional amendment that
would allow the legislature to pass
laws to authorize the State of Texas
to operate lotteries and to enter into
a contract with one or more legal
entities that will operate lotteries on
behalf of the State of Texas.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
authorizing a state lottery.”
PROPOSITION NO. 12
ON THE BALLOT
Senate Joint Resolution 34 pro
poses a constitutional amendment
that would increase the total amount
of bonds that may be issued by the
Texas Water Development Board to
provide wholesale and retail water
and wastewater facilities to eco
nomically distressed areas of the
state. The proposed amendment in
creases the maximum principal
amount of the bonds from 20 per
cent to 50 percent of the $500 million
amount authorized by article III,
section 49-d-7, of the Texas Constitu
tion. The proposed amendment would
increase the maximum aggregate
dollar amount of bonds that the
Texas Water Development Board
could issue from $100 million to
$250 million.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment to
increase from 20 percent to 60
percent the percentage of Texas
water development bonds previ
ously authorized by Texas voters
that may be issued for economical
ly distressed areas.”
PROPOSITION NO. 13
ON THE BALLOT
Senate Joint Resolution 2 proposes
a constitutional amendment that
would allow the legislature to pass
general laws authorizing Texas
Higher Education Coordinating
Board or its successor to issue and
sell up to $300 million of general
obligation bonds to finance educa
tion loans to students. The maximum
net effective interest rate to be
borne by the bonds would be set by
law. The amendment would also
authorize the legislature to provide
for the investment of bond proceeds
and to establish an interest and
sinking fund to pay the bonds and
provide for the investment of such
fund. Bonds authorized under this
amendment would be paid from the
first money coming into the treasury
in each fiscal year that is not other
wise appropriated by the constitu
tion, less any amount in an interest
and sinking fund established at the
end of the preceding year that is
pledged to the payment of the bonds
or interests.
The proposed amendment will be
described on the ballot as follows:
“The constitutional amendment
providing for the issuance of gen
eral obligation bonds not to exceed
$300,000,000 to continue existing
programs to provide educational
loans to students, with repayments
of student loans applied toward
retirement of the bonds.”
Estos son los informes explmar
torios sobre las enmiendas propit-
estas a la constitucidn que apara-
cerdn en la boleta el dia S de
noviembre de 1991. Si usted no ha
recibido una copia de los informes
en espanol, podrd obtener una gratis
por llamar al 1/800/252/8683 o por
escribir al Secretario de Estado,
P.O. Box 12060, Austin, Texas
78711.
Published by the office of the
Secretary of State of Texas
Thursday, September 12,1981
Braves get
no-hitter to
stay in first
ATLANTA (AP) - Kent
Mercker, Atlanta's stopgap
starter, combined with two re
lievers on a no-hitter - pre
served by a controversial scor
er's decision — and the Braves
maintained their NL West lead
with a 1-0 victory over the San
Diego Padres Wednesday
night.
Mercker overpowered the
Padres for six innings in his
third major league start.
Rookie Mark Wohlers shut
down San Diego for two in
nings and Alejandro Pena
pitched the ninth to finishofl
the sixth combined no-hitter in
history, and the first ever in
the NL.
With two outs in the ninth
inning, Darrin Jackson hit a
chopper to the left side of the
infield. Third baseman Terry
Pendleton cut in front of short
stop Rafael Belliard, but
backed away at the last second
The ball glanced off Belliard
and Jackson was safe.
Official scorer Mark Fred-
erickson immediately ruled it
an error on Pendleton, even
though he never touched the
ball.
"Pendleton could have had
the ball," Frederickson said
"He let it go by. Pendleton
committed on the ball and if he
would have gone ahead and
made the play, he would have
thrown him out."
After Jackson reached safe
ly, Pena retired Tony Gwynn,
the NL's leading hitter, ona
routine fly to left field to end it.
Fielder hits
40th homer
DETROIT (AP) - Cecil
Fielder hit his 40th homer,
helping the Detroit Tigers
beat the Boston Red Sox 8-2
Wednesday night.
Fielder, who hit 51
homers in 1990, is the first
player in 11 years to hit at
least 40 in successive sea
sons. The last player to ac
complish the feat was
Philadelphia Phillies' Mike
Schmidt, who hit 45 homers
in 1979 and 48 in 1980.
The Red Sox remained
four games behind Toronto
in the AL East, and the
third-place Tigers pulled
within five of the Blue Jays,
who lost to the Seattle
Mariners.
Walt Terrell (12-10) pitched
a six-hitter and his seven
complete games this season.
Johnny Paredes had four
singles in four at-bats and
scored three runs for De
troit.
Fielder hit his home run
off Dennis Lamp in the fifth,
giving Detroit a 4-2 lead.
Andro
continued from Page 5
Presto. Thanks to the mir
acle of programming, the net
works leave an hour of study
time before the Sunday night
cable game.
Now, the weekend is over.
Life is almost complete.
You are ready for the
school week because you stud
ied for an hour and got caught
up on the important things in
life, like football.
The reason life is almost
complete is because there is a
little extra bonus for true foot
ball fans.
That bonus is Monday
Night Football. A true Ameri
can institution.
Homework can wait until
Tuesday. Monday football is a
must see.
Most of the times the
games have some relevance on
the season. Besides, what do
you thing everyone else in the
country is doing during the
game?
Studying, get serious.
Monday Night Football is a
must see and any truly com
passionate teacher would un
derstand the gravity of the sit
uation and accept late home
work.
Football is the perfect
sport. It is fun to watch and
really cares for the student
that has to study.
So, God Bless America and
let the games begin.
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