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    Challenge to 'Misleading' 2021 Texas Ballot Proposition Continues on Appeal

    Grassroots groups have challenged the validity of the ballot language.

    A challenge to a 2021 Texas constitutional amendment ballot proposition was heard by the 7th Court of Appeals in Amarillo last week.

    Proposition 2 allowed counties to create transportation reinvestment zones (TRZ), a power they did not previously have. According to the Texas Department of Transportation, a TRZ is a kind of tax increment financing district where a “zone is created, a base year is established, and the incremental increase in property tax revenue collected inside the zone is used to finance a project in the zone.”

    Several conservative grassroots groups — including Texans Uniting for Reform and Freedom (TURF), Grassroots America, We the People, and True Texas Project (TTP) — sued the Texas Secretary of State to have the 2021 approval of Proposition 2 declared void by Gov. Greg Abbott.

    Three grassroots groups file lawsuit to challenge Prop 2
    Deceptive & illegal ballot language removed 'ad valorem tax increases' from ballot

    (November 8, 2021 — Austin, Texas) Texans Uniting for Reform and Freedom (TURF), Grassroots America - We the People, and True Texas Project(TTP) filed a lawsuit against the Texas Secretary of State, John B. Scott, challenging the constitutional amendment known as Proposition 2. The suit contends the ballot language presented to Texas voters on November 2, 2021, failed to comply with common law requirements and asserts the ballot language was substantially misleading due to the removal of the phrase ‘ad valorem tax increases.’ State law requires that a proposition be described “with such definiteness and certainty that the voters are not misled.” Blum v. Lanier, 997 S.W.2d 259 (Tex. 1999). The lawsuit seeks the remedy of Governor Greg Abbott declaring the election on Prop 2 void.

    Prop 2 would authorize counties to create Transportation Reinvestment Zones (TRZs) that give them the authority to issue bonds and use property tax increases for repayment of those bonds. A virtually identical proposition was put before Texas voters in 2011 known as Proposition 4 and voters rejected it when the phrase ‘ad valorem tax increases’ was included.