Texas Donation of Firefighting Equipment, Proposition 5 (2001)

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The Texas Donation of Firefighting Equipment Amendment, also known as Proposition 5, was on the November 6, 2001 ballot in Texas as a legislatively-referred constitutional amendment, where it was approved. The measure authorized municipalities to donate outdated or surplus firefighting equipment or supplies to underdeveloped countries.[1][2]

Election Results

Texas Proposition 5 (2001)
ResultVotesPercentage
Approveda Yes 595,707 71.36%
No239,13928.64%

Election results via: Legislative Reference Library of Texas

Text of measure

Ballot title

The ballot title voters saw on their ballot read as:[3]

The constitutional amendment authorizing municipalities to donate outdated or surplus firefighting equipment or supplies to underdeveloped countries.

[4]

Full text

The full text of the measure can be read here.

Constitutional changes

Proposition 5 added Section 52h of Article 3 of the Texas Constitution.

Ballot summary

The state government provided an explanation of Proposition 5 which read as follows:[3]

Sections 51 and 52, Article III, Texas Constitution, are intended to prevent certain abuses of public funds and other public property by

prohibiting the state and local governments from giving away funds and items of value to other entities unless a public purpose of the donating government is served. Section 51 applies to the state. Section 52 applies to municipalities and other local governments.

The determination of whether outdated or surplus firefighting equipment or supplies have any value and whether a municipality’s donation of that property to an underdeveloped country serves a public purpose involves a factual question that raises the possibility that the donation violates Section 52, Article III. To avoid uncertainty about whether a donation of that type is allowed under the constitution, an exception to Section 52, Article III, is needed. Senate Joint Resolution No. 32 would create that exception. [4]

Path to the ballot

See also: Laws governing direct democracy in Texas

As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. The joint resolution can originate in either the House or the Senate. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.

See also

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References


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