Texas Proposition 10, Transfer of Care of Law Enforcement Animals Amendment (2019)

Texas Proposition 10
Election date November 5, 2019
Topic Treatment of animals
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Texas measuresTexas Proposition 1Texas Proposition 2Texas Proposition 3Texas Proposition 4Texas Proposition 5Texas Proposition 6Texas Proposition 7Texas Proposition 8Texas Proposition 9Texas Proposition 10Submit

Texas Proposition 10, the Transfer of Law Enforcement Animals Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 5, 2019. The measure was approved.

A "yes" vote supported this amendment to allow for the transfer of a law enforcement animal, such as a dog or horse, to the animal's handler or another qualified caretaker if the transfer is in the animal's best interest.

A "no" vote opposed this amendment to allow for the transfer of a law enforcement animal, such as a dog or horse, to the animal's handler or another qualified caretaker if the transfer is in the animal's best interest.

Election results

Texas Proposition 10
Result		Votes	Percentage
Yes		1,858,876	93.76%
No		123,648	6.24%

Results are officially certified.

Source

Overview

What did Proposition 10 change?

Under the state's Local Government Code in 2019, a retiring police dog or working animal was classified as salvage or surplus property and, according to code, surplus or salvage property could be auctioned, donated to a civic or charitable organization, or destroyed. According to the Texas Senate Research Center, the existing Local Government Code made transferring a retiring animal to its handler difficult. Proposition 10 allowed agencies to transfer a dog, horse, or another animal to the animal's handler or another qualified person if the transfer is in the animal’s best interest.

Who was considered qualified to receive a retired animal?

The Texas State Legislature passed Senate Bill 2100 (SB 2100) as legislation to further implement Proposition 10. SB 2100 allowed a law enforcement agency’s highest-ranking officer, such as a sheriff, constable, or chief, to determine who receives the animal. SB 2100 required the officer to consider people in the following order: (a) a former handler who retired due to injuries sustained in the line of duty; (b) the family of a former handler who was killed in the line of duty; (c) any other former handler; (d) any other police officer, county jailer, or dispatcher; and (e) any other person. SB 2100 also required the officer to consider whether a person is capable of humanely caring for the animal.

Text of measure

Ballot title

The ballot title was as follows:

“

The constitutional amendment to allow the transfer of a law enforcement animal to a qualified caretaker in certain circumstances.

”

Constitutional changes

See also: Article 3, Texas Constitution

The measure added a Section 52-l to Article 3 of the Texas Constitution. The following text was added:

Sec. 52-l. The legislature may authorize a state agency or a county, a municipality, or other political subdivision to transfer a law enforcement dog, horse, or other animal to the animal’s handler or another qualified caretaker for no consideration on the animal’s retirement or at another time if the transfer is in the animal’s best interest.

Readability score

See also: Ballot measure readability scores, 2019

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Texas State Legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 17, and the FRE is 9. The word count for the ballot title is 19, and the estimated reading time is 5 seconds. In 2017, the average grade level for ballot measure titles in Texas was 25.

Support

Supporters

Officials

• Sen. Brian Birdwell (R-22)
• Sen. Jane Nelson (R-12)
• Sen. Larry Taylor (R-11)
• Rep. Tony Tinderholt (R-94)

Organizations

• Progress Texas

Arguments

• Rep. Tony Tinderholt (R-94) said:

“

This is the constitutional amendment I have been working on that allows police dogs to be retired to their handlers at the end of their service. There are concerns that doing so without a change to our state constitution is illegal - or at least in a gray area. Therefore, this November, you’ll have the chance to honor the bond between law enforcement animals and their handlers by voting for this constitutional amendment that’ll be on every Texan’s ballot.

”

• The League of Women Voters of Texas published arguments for and arguments against the ballot measure. The following was the argument in support:

“

Proposition 10 would ensure the wellbeing of law enforcement animals in their later years by allowing them to retire. Proposition 10 would remove the legally required fee for law enforcement officers, or other qualified caretakers, who generally adopt their own retired law enforcement animals. Proposition 10 recognizes the longstanding bond developed between a law enforcement animal and the animal’s handler, a bond that would be ignored in a government auction.

”

Opposition

Arguments

The League of Women Voters of Texas published arguments for and arguments against the ballot measure. The following is the argument in opposition:

“

Proposition 10 may reduce state income. A government auction might raise more money than the free adoption of a law enforcement animal. If the animal’s handler retires before the animal is ready to retire, it might be difficult to determine which of the animal’s handlers had priority. It is unfortunate that such a common sense action would require a constitutional amendment.

”

Campaign finance

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

See also: Campaign finance requirements for Texas ballot measures

There were no ballot measure committees registered in support of the measure or in opposition to the measure.

Media editorials

See also: 2019 ballot measure media endorsements

Support

• Austin American-Statesman: “YES to let law enforcement officers adopt their police dog when the animal retires, cutting through red tape that currently requires a third party to facilitate such adoptions.”
• The Austin Chronicle: “This is also a ridiculous thing to put to voters, but so much more heartwarming! This measure would allow police dogs (or any "law enforcement animals") to be transferred to their handlers or others, for example, upon their retirement, without having to be sold as surplus public property. Who's a good boy?”
• Corpus Christi Caller-Times: “The humane purpose is to allow a retired service animal to live out its life with its handler. Seriously, who's against that?”
• The Dallas Morning News: “Police dogs generally live with their handlers while they’re in service. Voters should allow them to retire with them, too. Currently, they are prohibited from doing so because of a state law that prohibits the transfer of public property for private purposes. This amendment would change that.”
• The Eagle: “These animals serve us so well. When they do get to step aside, their remaining years should be with the people they know best.”
• Fort Worth Star-Telegram: “A police dog might put in years of service with one handler, faithfully helping protect Texans. When the time comes for retirement, the best thing for any service animal is to live out its days with its human. This amendment would ensure that they can do so without the handler paying a fee, overriding rules that require excess government property to be sold or auctioned.”
• Houston Chronicle: “To allow law enforcement agencies to transfer a retired police dog or other animal to a caretaker or handler without charge. That sounds smart, and kind, too.”
• Longview News-Journal: “We’re surprised this sensible policy requires a constitutional amendment. However, since it obviously does, it should be soundly approved by voters.”
• San Antonio Express-News: "The bond between these animals and their handlers is deep."
• Waco Tribune-Herald: “We’ve heard or read absolutely no arguments against this constitutional amendment other than utter astonishment voters even have to approve such a common-sense policy to the bloated, amendment-entangled Texas Constitution.”

Opposition

Ballotpedia had not identified media editorial boards in opposition to the ballot measure. If you are aware of a media editorial board position that is not listed below, please email the editorial link to editor@ballotpedia.org.

Overview of media editorials

The following table provides an overview of the positions that media editorial boards had taken on the Texas 2019 ballot measures:

Media	Prop. 1	Prop. 2	Prop. 3	Prop. 4	Prop. 5	Prop. 6	Prop. 7	Prop. 8	Prop. 9	Prop. 10
Austin American-Statesman	a	a	a	d	a	a	a	a	a	a
The Austin Chronicle	a	a	d	d	a	tc	a	a	d	a
Corpus Christi Caller-Times	a	a	a	d	a	a	a	a	a	a
The Dallas Morning News	a	a	a	d	d	a	a	a	d	a
The Eagle	a	a	a	d	a	a	a	a	a	a
Fort Worth Star-Telegram	a	a	a	a	a	a	a	a	d	a
Houston Chronicle	d	a	a	d	a	a	a	a	a	a
Longview News-Journal	a	a	a	d	a	a	a	a	a	a
San Antonio Express-News	d	a	a	d	a	a	a	a	a	a
Waco Tribune-Herald	a	a	a	d	a	a	a	a	d	a

Background

Referred amendments on the ballot

See also: List of Texas ballot measures

The following statistics are based on ballot measures between 1995 and 2018 in Texas:

• Ballots featured 159 constitutional amendments.
• An average of 13 measures appeared on odd-year statewide ballots.
• The number of ballot measures on odd-year statewide ballots ranged from 7 to 22.
• Voters approved 91 percent (145 of 159) and rejected 9 percent (14 of 159) of the constitutional amendments.

Legislatively-referred constitutional amendments, 1995-2018
Total number	Approved	Percent approved	Defeated	Percent defeated	Odd-year average	Odd-year median	Odd-year minimum	Odd-year maximum
159	145	91.2%	14	8.8%	13.1	12.5	7	22

In 2019, 216 constitutional amendments had been filed in the Texas State Legislature. Legislators were permitted to file constitutional amendments through March 8, 2019, unless permission was given to introduce an amendment after the deadline. Between 2009 and 2017, an average of 187 constitutional amendments were filed during regular legislative sessions. The state legislature approved an average of nine constitutional amendments during regular legislative sessions. Therefore, the average rate of certification during regular legislative sessions was 4.7 percent. In 2019, 10 of the 216 proposed constitutional amendments were certified for the ballot, meaning the rate of certification was 4.6 percent.

Path to the ballot

See also: Amending the Texas Constitution

In Texas, a two-thirds vote is needed in each chamber of the Texas State Legislature to refer a constitutional amendment to the ballot for voter consideration.

The constitutional amendment was introduced into the state legislature as Senate Joint Resolution 32 (SJR 32) on January 25, 2019.

On April 16, 2019, the Texas State Senate approved SJR 32 in a unanimous vote. At least 21 votes were needed to pass the amendment. On April 25, 2019, the Texas House of Representatives approved SJR 32 in a unanimous vote. At least 100 votes were needed to pass the amendment. SJR 32 was enrolled on April 29.

Vote in the Texas State Senate April 16, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	31	0	0
Total percent	100.00%	0.00%	0.00%
Democrat	12	0	0
Republican	19	0	0

Vote in the Texas House of Representatives April 25, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 100  a
	Yes	No	Not voting
Total	145	0	5
Total percent	96.67%	0.00%	3.33%
Democrat	64	0	3
Republican	81	0	2

How to cast a vote

See also: Voting in Texas

Poll times

In Texas, all polling places are open from 7:00 a.m. to 7:00 p.m. local time. Texas is divided between the Central and Mountain time zones. An individual who is in line at the time polls close must be allowed to vote.

Registration Texas

Check your voter registration status here.

To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.

The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.

Automatic registration

Texas does not practice automatic voter registration.

Online registration

See also: Online voter registration

Texas does not permit online voter registration.

Same-day registration

Texas does not allow same-day voter registration.

Residency requirements

Prospective voters must reside in the county in which they are registering to vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Texas does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

State law requires election officials to conduct a check of registered voters' citizenship status. Section 18.068 of the Texas Election Code says the following:

“	The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Section 62.113, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.	”
—Section 18.068, Texas Election Code

In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days. The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April. A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Texas requires voters to present photo identification while voting.

The following list of accepted ID was current as of February 2023. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.

• Texas driver’s license issued by the Texas Department of Public Safety (DPS)
• Texas Election Identification Certificate issued by DPS
• Texas Personal Identification Card issued by DPS
• Texas handgun license issued by DPS
• United States Military Identification Card containing the person’s photograph
• United States Citizenship Certificate containing the person’s photograph
• United States passport (book or card)

Identification provided by voters aged 18-69 may be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.

Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:

• Copy or original of a government document that shows the voter’s name and an address, including the voter’s voter registration certificate
• Copy of or original current utility bill
• Copy of or original bank statement
• Copy of or original government check
• Copy of or original paycheck
• Copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes the voter’s identity (which may include a foreign birth document)

The following voters are exempt from showing photo ID:

• Voters with a disability
  • Voters with a disability "may apply with the county voter registrar for a permanent exemption to presenting an acceptable photo identification or following the Reasonable Impediment Declaration procedure in the county."
• Voters who have a religious objection to being photographed

Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.

See also

2019 measures

• 2019 ballot measures
• Treatment of animals on the ballot
• Law enforcement on the ballot

Texas

• Texas ballot measures
• Texas ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Joint Resolution 32 (2019)