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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Sept. 9, 1993)
Thursday, S Page 10 The Battalion Thursday, September 9,1993 Kile throws no-hitter, Astros win 7-1 The Associated Press HOUSTON — Darryl Kile, a low-budget starter on a multimillion- dollar staff, pitched baseball's second no-hitter in five days, leading the Houston Astros over the New York Mets 7-1 Wednesday night. Kile, backed by excellent plays from third baseman Ken Caminiti and shortstop Andujar Cedeno in the seventh inning, threw Houston's first no-hitter since Mike Scott clinched the NL West championship with a 2-0 victory over San Francisco in 1986. Kile (15-6) struck out nine and walked one. His gem came just after Jim Abbott pitched a no-hitter for the New York Yankees against Cleve land on Saturday. Seattle's Chris Bosio pitched the other no-hitter in the majors this year, against Boston on April 22. NCAA Continued from Page 9 recommendation or you don't." Smith characterized the meet ing as cordial and productive and said he expected A&M to re ceive the findings this week. "The purpose for the meeting was to exchange views and as sure them that we stand ready to do whatever we can to move the process along to closure," Smith said. "We did agree on some joint initiatives that we are pur suing right now, and I'm hopeful that by working together we can get this thing to closure quickly. "Our purpose was to go to them and say 'is there anything else we can do to help you reach a decision,' and we were told that we could expect a decision (next) week. We simply are awaiting the NCAA to confirm that or to tell us something else." Smith said the delay in the de cision forthcoming from the NCAA was not a concern. "That's water under the bridge; that's something that happens." A&M head football coach R.C. Slocum said he had no comment regarding the meeting nor new news regarding the NCAA deci sions. He said although the duration of the review was disappointing, the affect it is having on his team was minimal. "I'd have to say that it's disap pointing; I would have liked for it to be over with by now," Slocum said. "As far as hanging over the team I don't know, we got a big ball game this week so we've focused on that and I think it's occupied our thoughts most of the time." Rush Continued from Page 9 out doesn't help. The Redskins looked strong on Mon day night, but they can only cross their fingers in hopes that quarterback Mark Rypien doesn't repeat his disaster from a year ago. If Monday was an indication of Rypien's status, watch out. The Giants are at best mediocre. Dis agree? Phil Simms is too old and the Gi ants barely got by Chicago, a team in a serious transition period. Phoenix could be dangerous, but they are still too young. Besides, rookie Garri son Heart will have to get more than 3 yards per game if the Cards are to make a surge from the cellar. The Eagles have holes to fill, the most obvious is the one left by Reggie White who went to Green Bay. More impor tantly, and like every year before, Ran dall Cunningham is always a big ques tion mark as to his leadership abilities. Enter the Cowboys. Even with a 10-6 season, the Cowboys could be the NFC East Division Champions. I think they can do that, but it will be a struggle to finish there without Emmitt and the murderous schedule they will have to play. Back to Smith's holdout. Whoa, hold on a minute Emmitt. I have a question for number 22. If you had to vote today for either Emmitt Smith or Thurman Thomas for the NFL Hall of Fame, who would you vote for? Texan bias aside, Thomas would be the unanimous choice, hands down. The guy has been a constant force for Buffalo, he's helped them get to the Super Bowl three straight years and has been one of the top three running backs over the last four years. Emmitt, you're not helping yourself by holding out for a few more million dollars. No one deserves $5 million dollars a year, not even Thurman, but one should play the game because one loves it and one wants to give something back to the team, fans and the game. 1 can't believe I am asking for Emmitt to return so that he can run all over my fallen Eagles, but I'd much rather see Emmitt on the field and the Cowboys in first place, opposed to the Giants or Red skins. The economic aspect of Emmitt's holdout is indeed a sad one, but hopeful ly the bargaining game will end soon. If more and more players are going to re quest money on the basis that they are as good as someone else, as Smith has done^ the NFL could be in big trouble and a strike could result from this unnecessary behavior. PUBLIC NOTICE BRIEF EXPLANATORY STATEMENTS OF PROPOSED CONSTITUTIONAL AMENDMENTS SPECIAL ELECTION NOVEMBER 2, 1993 PROPOSITION NO. 1 ON THE BALLOT Senate Joint Resolution 9 proposes a constitutional amendment that would au thorize the Texas Legislature to provide for the issuance of bonds for the state fi nancing of start-up costs for historically underutilized businesses. The amend ment provides that the legislature by law may establish a Texas historically under utilized business capital growth and start-up fund. The money in the fund may be used without further appropriation and only for a program established by the legislature to aid in the start-up costs of a historically underutilized business, as de fined by the legislature. To carry out the program, the legislature may issue up to $50 million of general obligation bonds to provide funding. The legislature may re quire review and approval of the issuance of bonds, the use of the bond proceeds, or of the rules adopted by an agency to govern use of the bond proceeds. Bonds authorized by the amendment constitute a general obligation of the state. The proposed amendment will appear on the ballot as follows: “The constitutional amendment au thorizing the legislature to provide for the issuance of $50 million of general obligation bonds for the recovery and further development of the state’s economy and for increasing job oppor tunities and other benefits for Texas residents through state financing of the start-up costs of historically un derutilized businesses.” PROPOSITION NO. 2 ON THE BALLOT House Joint Resolution 86 proposes a constitutional amendment authorizing the legislature, by general law, to exempt from ad valorem taxation all or part of real and personal property used, con structed, acquired, or installed wholly or partly to meet or exceed rules or regula tions adopted by any environmental pro tection agency of the United States, Texas, or a political subdivision of this state for the prevention, monitoring, con trol, or reduction of air, water, or land pollution. The amendment applies to real and personal property used as a facility, device, or method for the control of air, water, or land pollution that would other wise be taxable for the first time on or after January 1, 1994. The amendment does not authorize the exemption from ad valorem taxation of real or personal prop erty that was subject to a tax abatement agreement executed before January 1, 1994. The proposed amendment will appear on the ballot as follows: “The constitutional amendment to promote the reduction of pollution and to encourage the preservation of jobs by authorizing the exemption from ad valorem taxation of real and personal property used for the control of air, water, or land pollution.” PROPOSITION NO. 3 ON THE BALLOT House Joint Resolution 3 proposes a constitutional amendment to clear land titles in which the State of Texas relin quishes and releases any claim of sover eign ownership or title to an undivided one-third interest in and to the lands and minerals within the Shelby, Frazier, and McCormick League (now located in Fort Bend and Austin counties) arising out of the interest in that league originally granted under the Mexican Colonization Law of 1823 to John McCormick on or about July 24, 1824, and subsequently voided by the governing body of Austin’s Original Colony on or about December 15, 1830. Title to such interest in the lands and minerals is confirmed to the owners of the remaining interests in such lands and minerals. The proposed amendment will appear on the ballot as follows: “The constitutional amendment pro viding for the clearing of land titles by the release of a state claim in a frac tional interest, arising out of the void ing of an interest under a Mexican land grant, to the owners of certain property in Fort Bend and Austin counties.” PROPOSITION NO. 4 ON THE BALLOT Senate Joint Resolution 49 proposes a constitutional amendment that would prohibit a state personal income tax with out voter approval and would dedicate the proceeds of any income tax, if en acted, to property tax relief and educa tion. The amendment provides that a general law enacted by the legislature that imposes a tax on the net incomes of natural persons, including a person’s share of partnership and unincorporated association income, must provide that the portion of the law imposing the tax not take effect until approved by a majority of the registered voters voting in a state wide referendum held on the question of imposing the tax. The referendum must specify the rate of the tax that will apply to taxable income. The amendment also provides that a general law enacted by the legislature that increases the rate of the tax, or changes the tax in g manner that results in an increase in the combined income tax liability of all persons subject tdrtie tax, may not take effect until approved by a majority of the registered voters voting in a statewide referendum held on the question of increasing the income tax. The referendum must specify the manner in which the proposed law would increase the combined tax liability of all persons subject to the tax. The legislature may repeal, or amend without increasing, a tax approved by the voters without sub mitting the amendment or the repeal to the voters. If the legislature repeals a tax approved by the voters, the legislature may only reenact the tax without voter approval if the effective date of the re enactment of the tax is within one year of the effective date of the repeal of the tax. The amendment also provides that, in the first year in which an income tax is imposed, and during the first year of any increase in the tax, not less than two- thirds of all net revenues from the tax shall be used to reduce the rate of ad val orem maintenance and operation taxes levied for the support of primary and sec ondary education. In subsequent years, not less than two-thirds of all net reve nues of the tax shall be used to continue such ad valorem tax relief. The net reve nues of the tax remaining after the dedi cation of money for reduction of ad val orem maintenance and operation taxes shall be used for support of education. The maximum rate at which a school dis trict may impose ad valorem maintenance and operation taxes is reduced by an amount equal to one cent per $100 valua tion for each one cent per $100 valuation that the school district’s ad valorem main tenance and operation tax is reduced by the minimum amount of money dedicated under the amendment, provided that a school district may subsequently increase the maximum ad valorem maintenance and operation tax rate if the increased maximum rate is approved by a majority of the voters of the school district voting at an election called and held for that pur pose. The portions of the amendment re lating to dedicating tax revenues to re duce the rate of ad valorem maintenance and operation taxes apply on or after the first January 1 after the date on which an income tax takes effect, except that if the income tax begins to apply on a January 1, the amendment applies to ad valorem maintenance and operation taxes levied on or after that date. The proposed amendment will appear on the ballot as follows: “The constitutional amendment pro hibiting a personal income tax without voter approval and, if an income tax is enacted, dedicating the revenue to education and limiting the rate of local school taxes.” PROPOSITION NO. 5 ON THE BALLOT Senate Joint Resolution 18 proposes a constitutional amendment that would au thorize the legislature to prescribe the qualifications of sheriffs. Currently, the constitution authorizes the legislature to prescribe the duties, perquisites, and fees of office, but not the qualifications for the office of sheriff. The proposed amendment will appear on the ballot as follows: “The constitutional amendment to al low the legislature to prescribe the qualifications of sheriffs.” PROPOSITION NO. 6 ON THE BALLOT House Joint Resolution 21 proposes a constitutional amendment that would abolish the office of county surveyor in Jackson County. The amendment also provides for the powers, duties, and func tions of the county surveyor to be trans ferred to the county officer designated by the commissioners court. The proposed amendment will appear on the ballot as follows: “The constitutional amendment abol ishing the office of county surveyor in Jackson County.” PROPOSITION NO. 7 ON THE BALLOT House Joint Resolution 57 proposes a constitutional amendment that repeals article XII, section 6, of the Texas Con stitution, which currently provides that no corporation shall issue stock or bonds except for money paid, labor done, or property actually received, and that all fictitious increase of stock or indebted ness shall be void. The proposed amendment will appear on the ballot as follows: “The constitutional amendment re pealing certain restrictions on the ability of corporations to raise capital.” PROPOSITION NO. 8 ON THE BALLOT House Joint Resolution 22 proposes a constitutional amendment that would authorize the commissioners court of McLennan County to call an election to abolish the office of county surveyor. The office of county surveyor will be abolished if a majority of the qualified voters of McLennan County voting on the question favor the abolition. If the office of county surveyor is abolished, the amendment re quires the maps, field notes, and other records in the custody of the county sur veyor to be transferred to the county clerk of McLennan County. After aboli tion, the amendment also grants the com missioners court of McLennan County the authority to employ or contract with a qualified person to perform any of the functions that would have been per formed by the county surveyor if the office had not been abolished. The proposed amendment will appear on the ballot as follows: “The constitutional amendment to abolish the office of county surveyor in McLennan County.” PROPOSITION NO. 9 ON THE BALLOT Senate Joint Resolution 19 proposes an amendment to article VIII, section 13 of the Texas Constitution that would modify the provisions for the redemption of real property sold at a tax sale. The amend ment deletes current language in article VIII, section 13 that allows the legis lature to provide for the sale of property without trial to pay for delinquent taxes. It also states that the deed to the new owner vests a good and perfect title sub ject only to redemption as set out in this amendment or impeachment for fraud. Language is added limiting application of the current two-year redemption, period to former owners of residence home steads and land designated for agricul tural use sold for unpaid taxes. When property is sold as the result of a suit to enforce collection of unpaid taxes, the amendment would allow the legislature to limit redemption to property used as a residence homestead or designated for agricultural use at the time the suit was filed. The amendment creates a second type of redemption for former owners of real property when property is neither a residence homestead, nor designated for agricultural use. These owners would have a six-month period in which to redeem their property by paying the amount of money paid for the property, including the Tax Deed Recording Fee, all taxes, penalties, interest, and costs paid plus an amount not exceeding 25 percent of the aggregate total. The amendment applies to redemption of properties sold at a tax sale for which the purchaser’s deed is filed on or after Janu ary 1, 1994. For redemption of properties sold at a tax sale for which the pur chaser’s deed was filed before January 1, 1994, the former law is applicable and re mains in effect. The proposed amendment will appear on the ballot as follows: “The constitutional amendment to modify the provisions for the redemp tion of real property sold at a tax sale.” PROPOSITION NO. 10 ON THE BALLOT Senate Joint Resolution 34 proposes a constitutional amendment that adds a new section 49-b-2 to article III of tne Texas Constitution. This new section pro vides that, in addition to the general obli gation bonds authorized to be issued and sold by the Veterans’ Land Board (the “Board”) by sections 49-b ($950 million) and 49-b-l ($1.3 billion) of article III, the board may provide for, issue, and sell genera] obligation bonds of the state in an amount not to exceed $750 million to pro vide financing to Texas veterans. $250 million of the bonds authorized by this new section shall be used to augment the Veterans’ Land Fund (the “Land Fund”). The Land Fund shall be used by the Board to purchase lands situated in Texas owned by the United States government, an agency of the United States govern ment, the State of Texas, a political sub division or agency of the State of Texas, or a person, firm, or corporation. The lands shall be sold to veterans in quan tities, on terms, at prices, and at fixed, variable, floating, or other rates of inter est determined by the Board. Lands in the Land Fund that .are offered for sale to veterans and that are not sold may be sold or resold to the purchasers in quan tities, terms, prices, and rates of interest determined by the Board. New section 49-b-2 creates the Vet erans’ Housing Assistance Fund II (the “Housing Fund II”), and $500 million of the general obligation bonds authorized by the section shall be used for the Hous ing Fund II. The Housing Fund II is a separate and distinct fund from the Vet erans’ Housing Assistance Fund (the “Housing Fund”) established under sec tion 49-b-l of article III. Money in the Housing Fund II shall be administered by the Board and shall be used to make home mortgage loans to veterans for housing within this state in quantities, on terms, and at fixed, variable, floating, or other rates of interest determined by the Board. The principal of, and interest on, the general obligation bonds authorized by this section for the benefit of the Housing Fund II shall be paid out of the money of the Housing Fund II. The prin cipal of, and interest on, the general obli gation bonds authorized by section 49-b-l of article III for the benefit of the Hous ing Fund shall be paid out of money in the Housing Fund. If there is not enough money in the Land Fund, the Housing Fund, or the Housing Fund II, as the case may be, available to pay the prin cipal of, and interest on, the general obli gation bonds authorized by this section or by sections 49-b or 49-b-l of article III, there is appropriated out of the first money coming into the treasury in each fiscal year an amount that is sufficient to pay the principal of, and interest on, the general obligation bonds that mature or become due during that fiscal year. If the Board determines that assets from the Land Fund, the Housing Fund, or the Housing Fund II are not required for purposes of the fund, the Board may transfer the assets to another of those funds or use the assets to secure revenue bonds issued by the Board. The revenue bonds shall be special obligations of the Board and payable only from and secured by receipts of the funds, assets trans ferred from the funds, and other reve nues as determined by the Board and shall not constitute indebtedness of the State of Texas or the Board. The Board may issue revenue bonds from time to time, which bonds may not exceed an ag gregate principal amount that the Board determines can be fully retired from the receipts of the funds. The revenue bonds shall be sold in forms, denominations, and in installments, and bear a rate or rates of interest as the Board determines. The general obligation bonds autho rized to be issued by the Board by this section or be sections 49-b and 49-b-l of article III shall be issued and sold in forms and denominations, on terms, at times, in the manner, at places, in install ments, and shall bear a rate or rates of interest the Board determines. The bonds shall be incontestable after execu tion by the Board, approval by the At torney General of Texas, and delivery to the purchaser. The proposed amendment will appear on the ballot as follows: “The constitutional amendment au thorizing issuance of $750 million in general obligation bonds to augment the Veterans’ Land Fund and the Vet erans’ Housing Assistance Fund and to fund the Veterans’ Housing Assis tance Fund II.” PROPOSITION NO. 11 ON THE BALLOT Senate Joint Resolution 31 proposes a constitutional amendment relating to the duties of trustees of local retirement sys tems which provide retirement and re lated disability and death benefits for public officers and employees and that do not belong to a statewide retirement sys tem. The amendment provides that the board of trustees of such a system shall (1) administer the system of benefits; (2) hold the assets of the system for the ex clusive purposes of providing benefits to participants and their beneficiaries and defraying reasonable expenses of admin istering the system; and (3) select legal counsel and an actuary and adopt sound actuarial assumptions to be used by the system. The proposed amendment will appear on the ballot as follows: “The constitutional amendment pro viding that the trustees of a local pub lic pension system must administer the system for the benefit of the sys tem’s participants and beneficiaries.” PROPOSITION NO. 12 ON THE BALLOT House Joint Resolution 23 proposes a constitutional amendment providing that any person accused of a violent or sexual offense committed while under the super vision of a criminal justice agency of this state or a political subdivision of this state for a prior felony may, after a hear ing and evidence substantially showing the guilt of the accused, be denied bail pending trial. If the accused is not, how ever, accorded a trial within 60 days from the time of his incarceration upon the ac cusation or indictment, the order denying bail shall be set aside unless a conti nuance is obtained upon the request of the accused. In the amendment, the term “violent offense” means murder, aggra vated assault (if a deadly weapon was used or exhibited during the commission of the assault), aggravated kidnapping, or aggravated robbery. The term “sexual oflense” means aggravated sexual as sault, sexual assault, or indecency with a child. The proposed amendment will appear on the ballot as follows: “The constitutional amendment per mitting the denial of bail to certain persons charged with certain violent or sexual offenses committed while under the supervision of a criminal justice agency of the state or a politi- . cal subdivision of the state.” PROPOSITION NO. 13 ON THE BALLOT Senate Joint Resolution 13 proposes a constitutional amendment that amends article VII, section 17(a), of the Texas Constitution to provide that, of the $100 million currently appropriated by that section for the use of public institutions of higher education during each fiscal year, those institutions may also utilize this money to pay for acquiring, constructing, or equipping or for major repair or re habilitation of buildings, facilities, other permanent improvements, or capital equipment used jointly for educational and general activities and for auxiliary enterprises to the extent of their use for educational and general activities. For the five-year period beginning on Sep tember 1, 2000, and for each five-year pe riod thereafter, the legislature, during a regular session that is nearest, but pre ceding, a five-year period may, by a two- thirds vote of the membership of each house, increase the amount of the $100 million constitutional appropriation for the five-year period. The amendment also reflects name changes that have been made to some of the institutions of higher education for which such funding is avail able. The amendment adds the Texas State Technical College System to those institutions eligible to receive such fund ing, but limits its allocation of the annual appropriation to 2.2 percent of the total appropriation each fiscal year. The amendment also provides that each gov erning board authorized to participate in the distribution of money under article III, section 17, may also issue bonds and notes for the purposes of refunding bonds or notes issued under that section or prior law for the purposes of acquiring capital equipment, library books and li brary materials, paying for acquiring, constructing, or equipping or for major repair or rehabilitation of buildings, facil ities, other permanent improvements, or capital equipment used jointly for educa tional and general activities and for auxil iary enterprises to the extent of their use for educational and general activities. The amendment deletes language in ar ticle III, section 17, which authorizes the legislature to designate a single agency to issue such bonds or notes in lieu of the governing bodies, and to transfer to that agency the authority to collect and pledge money to the payment of such bonds and notes as directed by the governing body of each eligible institution. Funds appro priated under article III, section 17, may not be used for the purpose of construct ing, equipping, repairing, or rehabilitat ing buildings or other permanent im provements that are to be used only for student housing, intercollegiate athletics, or auxiliary enterprises. The proposed amendment will appear on the ballot as follows: “The constitutional amendment relat ing to the amount and expenditure of certain constitutionally dedicated funding for public institutions of higher education.” PROPOSITION NO. 14 ON THE BALLOT Senate Joint Resolution 45 proposes a constitutional amendment that adds a new subsection (e) to article III, section 49-h, of the Texas Constitution. The new subsection provides that, in addition to the amounts authorized by subsections (a) ($500 million), (c) ($400 million), and (d) ($1.1 billion) of section 49-h, the legis lature may authorize the issuance of up to $1 billion in general obligation bonds and may use the proceeds of the bonds for ac quiring, constructing, or equipping new corrections institutions, including youth corrections institutions, and mental health and mental retardation institu tions and for major repair or renovation of existing facilities of those corrections and mental health and mental retardation facilities. The amendment also provides that the provisions of subsection (a) of section 49-h, relating to the review and approval of bonds, and the provisions of subsection (b) of section 49-h, relating to the status of the bonds as a general obli gation of the state and to the manner in which the principal and interest on the bonds are paid, apply to bonds authorized by this amendment. The proposed amendment will appear on the ballot as follows: The constitutional amendment autho rizing the issuance of up to $1 billion in general obligation bonds payable from the general revenues of the state for projects relating to facilities of corrections and mental health and mental retardation institutions.” PROPOSITION NO. 15 ON THE BALLOT House Joint Resolution 37 proposes a constitutional amendment that would au thorize the county commissioners court of a county to call an election to abolish the office of county surveyor. The office of county surveyor is abolished if a majority of voters of the county voting in the elec tion approve the measure. If the office of county surveyor is abolished, the maps, field notes, and other records of the county surveyor are transferred to the county officer or employee designated by the commissioners court. The proposed amendment will appear on the ballot as follows: “The constitutional amendment to permit the voters of a county to de cide, at an election called by the com missioners court, whether to abolish the office of county surveyor in the county.” PROPOSITION NO. 16 ON THE BALLOT Senate Joint Resolution 44 proposes an amendment to article III, section 49-i(b) of the Texas Constitution, which cur rently limits the principal amount of bonds outstanding at one time for the Texas agricultural fund to $25 million and for the rural microenterprise develop ment fund to $5 million. The amendment would raise the principal amount limit for the Texas agricultural fund to $100 mil lion. The amendment would also make the principal amount limit for each fund apply to the total principal amounts of both bonds and notes issued or sold rather than just the principal amounts of bonds outstanding at one time. The proposed amendment will appear on the ballot as follows: “The constitutional amendment au thorizing up to a total of $100 million in bonds and notes to be issued or sold to finance the Texas agricultural fund for providing financial assistance to develop, increase, improve, or expand the production, processing, market ing, or export of crops or products grown or produced primarily in this state by agricultural businesses domiciled in the state.” Este es el informe explanatorio sobre la enmienda propuesta a la constitucidn que aparecerd en la boleta el dia 2 de noviembre de 1993. Si listed no ha re- cibido una copia del informe en espanol, podrd obtener una gratis por llamar al 1/800/252/8683 o por escribir al Secre- tario de Estado, P.O. Box 12060, Austin, Texas 78711 Published by Secretary of John Hannah, Jr. Willie others Gov. F eelebr AUSTIN l are sold out tuning up h birthday ba : that's expect to raise soi $1.5 million Gov. A | Richards' ; election effor Nelson, L Lovett, Nai Griffith a Don Henley , among t Texas mu ! j dans schedul to perform , party that's U Larry L. Kir Woodard, v : j movie "Passi j While the announcing 1 bash, she will ey it raises I paign, spoke: aid said. "There w ment there. C | kickoff of her | The actual re ment will b< I date" in Deo | ary, McDonal nizers hope t< l more. j But he sail 1 was only one "It's just c We'll have a aid said. Richards, 1990, has inc i bid to becorr i to win re-elo i Dolph Brisco* ] George V partner of the ; ball team an president, is | Republican i lenge her. Richards a Sept. 1, corr .goals that d; motorcycle di McDonald I ckets for F ranged from! I "This thin; fie said.