Become part of the movement for unbiased, accessible election information. Donate today.
Texas Proposition 6, Right to Designated Essential Caregiver Amendment (2021)
| Texas Proposition 6 | |
|---|---|
 | |
| Election date November 2, 2021 | |
| Topic Healthcare and Constitutional rights | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Texas Proposition 6, the Right to Designated Essential Caregiver Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 2, 2021. It was approved.[1]
A "yes" vote supported amending the state constitution to establish a right for residents of nursing or assisted living facilities to designate an essential caregiver, who cannot be prohibited from in-person visitation. |
A "no" vote opposed amending the state constitution to establish a right for residents of nursing or assisted living facilities to designate an essential caregiver, who cannot be prohibited from in-person visitation. |
Election results
|
Texas Proposition 6 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
1,293,922 | 87.87% | ||
| No | 178,665 | 12.13% | ||
Overview
What did Proposition 6 do?
- See also: Text of measure
Proposition 6 amended the Texas Constitution to state that residents of nursing facilities, assisted living facilities, or state-supported living centers have a right to designate an essential caregiver that may not be prohibited from visiting the resident. It authorized the Texas State Legislature to pass guidelines for facilities to establish visitation policies and procedures for essential caregivers.[2]
The state legislature passed implementing legislation during the 2021 legislative session. Senate Bill 25 requires the executive commissioner of the Health and Human Services Commission to develop guidelines for the visitation policy of designated essential caregivers. The law took effect on September 1, 2021.
The amendment was introduced in response to restrictions put in place in March 2020 as a response to the coronavirus pandemic. On March 15, 2020, Texas Health and Human Services Commission ordered nursing facilities to prohibit non-essential visitors from accessing facilities. At that time, the order applied to 1,222 licensed and regulated nursing facilities serving about 90,000 residents and an additional 2,000 assisted living facilities in Texas.[3]
State Sen. Lois Kolkhorst (R) wrote in the amendment's "Statement of Intent" that "these restrictions had a significant impact on the physical and mental well-being of many residents, especially those with memory or cognitive challenges."[4]
Ballotpedia tracked four ballot measures on 2021 statewide ballots proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, require ballot measures for ratification. Others are citizen-initiated proposals, meaning campaigns collect signatures to put policies and laws on the ballot for voters to decide.
Texas voters approved a ballot measure that prohibited government entities from limiting religious services or organizations. Click here to see a full list of statewide ballot measures related to the coronavirus pandemic.
Text of measure
Ballot title
The ballot title for the amendment was as follows:[2]
| “ | The constitutional amendment establishing a right for residents of certain facilities to designate an essential caregiver for in-person visitation.[5] | ” |
Constitutional changes
- See also: Article 1, Texas Constitution
The measure amended Article 1 of the state constitution by adding a new section. The following underlined text was added:[2]
Sec. 35.(a) A resident of a nursing facility, assisted living facility, intermediate care facility for individuals with an intellectual disability, residence providing home and community-based services, or state supported living center, as those terms are defined by general law, has the right to designate an essential caregiver with whom the facility, residence, or center may not prohibit in-person visitation.
(b) Notwithstanding Subsection (a) of this section, the legislature by general law may provide guidelines for a facility, residence, or center described by Subsection (a) of this section to follow in establishing essential caregiver visitation policies and procedures.[5]
Readability score
- See also: Ballot measure readability scores, 2021
| 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 state legislature wrote the ballot language for this measure.
|
Support
Supporters
Officials
- State Representative Bryan Slaton (R)
Organizations
Arguments
Opposition
If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Campaign finance
If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Media editorials
- See also: 2021 ballot measure media endorsements
Ballotpedia identified the following media editorial boards as taking positions on Proposition 6.
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support
Opposition
Ballotpedia did not identify media editorial boards in opposition to the ballot measure.
Background
Senate Bill 25 (2021)
Senate Bill 25 (SB 25) was introduced during the 2021 legislative session. SB 25 amended the state's Health and Safety Code to grant a resident of a nursing facility to designate an essential caregiver that cannot be prohibited from in-person visitation. SB 25 required the executive commissioner of the Health and Human Services Commission to develop guidelines for the visitation policy of designated essential caregivers. The guidelines are required to include a visitation schedule, a minimum duration for visitation, physical contact between caregiver and the resident, and rules on safety protocols including a signature that a caregiver will comply with all protocols. The bill also allowed facilities to revoke the designation of the caregiver if the caregiver does not follow the protocols. Residents are allowed to immediately designate a new essential caregiver. SB 25 also allowed nursing facilities to petition the Health and Human Services Commission to suspend visitation for an initial seven days and up to 14 days in a year if there is a health risk. The commission may deny the petition. The law took effect on September 1, 2021.[6]
The bill was approved by the Senate on March 17, 2021, by a vote of 29-0 with two absent. The House approved an amended version of the bill on May 24, 2021, by a vote of 144-0 with six absent or not voting. The Senate concurred with the amended version on May 28, 2021.[6]
On March 15, 2020, Texas Health and Human Services Commission ordered nursing facilities to prohibit non-essential visitors from accessing facilities. At that time, the order applied to 1,222 licensed and regulated nursing facilities serving about 90,000 residents and an additional 2,000 assisted living facilities in Texas.[3]
On August 6, 2020, the state lifted some restrictions and authorized limited outdoor visitation at nursing homes and socially distanced indoor visitation at assisted living facilities.[7]
On March 22, 2021, the state issued new visitation guidance, which allowed:[8]
- visitation from no more than two essential caregivers at the same time regardless of the status of COVID-19 at the facility;
- end-of-life visits for all residents;
- outdoor visitation at all facilities when there is an outbreak of COVID-19 at the facility; and
- personal contact during any visitation for vaccinated residents.
Ballotpedia is tracking ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, require ballot measures for ratification. Others are citizen-initiated proposals, meaning campaigns collect signatures to put policies and laws on the ballot for voters to decide. Click here to see a full list of measures on the ballot related to coronavirus-related regulations.
Texas Proposition 3, Prohibition on Limiting Religious Services or Organizations Amendment (2021)
Texas voters approved a ballot measure that prohibited government entities from limiting religious services or organizations. The amendment was proposed in response to restrictions put in place during the outset of the coronavirus pandemic in March 2020. Rep. Scott Sanford (R) said, "Churches provide essential spiritual, mental and physical support in a time of crisis. Closing churches not only eliminated these critical ministries and services, but it violated their religious freedom, guaranteed by our laws and Constitution."[9]
Referred amendments on the ballot
- See also: List of Texas ballot measures
The following statistics are based on ballot measures between 1995 and 2020 in Texas:
- Ballots featured 169 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% (154 of 169) and rejected 9% (15 of 169) of the constitutional amendments.
| Legislatively-referred constitutional amendments, 1995-2020 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Odd-year average | Odd-year median | Odd-year minimum | Odd-year maximum | |
| 169 | 154 | 91.1% | 15 | 8.9% | 12.8 | 11 | 7 | 22 | |
During the 2021 regular and first special legislative sessions, 251 constitutional amendments were filed in the Texas State Legislature. In the regular session, legislators filed 218 amendments, and in the first special session, legislators filed 33 amendments. Between 2009 and 2020, an average of 192 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%. In 2021, eight of the 218 proposed constitutional amendments were certified for the ballot during the regular session, meaning the rate of certification was 3.7%, down from 4.6% in 2019.
Path to the ballot
- See also: Amending the Texas Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Texas State Senate and the Texas House of Representatives.
This amendment was introduced as Senate Joint Resolution 19 (SJR 19) on March 3, 2021. On March 17, 2021, the state Senate passed SJR 19 in a vote of 29-0 with two absent. The House passed an amended version of SJR 19 on May 24, 2021, by a vote of 142-1 with seven not voting or not present. On May 27, 2021, the Senate concurred with the House amendments in a vote of 30-1. State Senator Nathan Johnson (D) and Representative Gina Hinojosa (D) were the sole opposition votes.[1]
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
How to cast a vote
- See also: Voting in Texas
Click "Show" to learn more about voter registration, identification requirements, and poll times in Texas.
| How to cast a vote in Texas | ||||||
|---|---|---|---|---|---|---|
Poll timesIn 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.[10]
Registration
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.[11] 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.[12] Automatic registrationTexas does not practice automatic voter registration.[13] Online registration
Texas does not permit online voter registration.[13] Same-day registrationTexas does not allow same-day voter registration.[13] Residency requirementsProspective voters must reside in the county in which they are registering to vote.[14] Verification of citizenshipTexas 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:
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.[16] The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April.[17][18] 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.”[19] 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.[20] 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 registrationThe Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirementsTexas requires voters to present photo identification while voting.[21] 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.
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.[21] 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:[21]
The following voters are exempt from showing photo ID:[21]
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.[21] | ||||||
See also
External links
Support |
OppositionSubmit links to editor@ballotpedia.org. |
Footnotes
- ↑ 1.0 1.1 Texas State Legislature, "SJR 19 Overview," accessed March 18, 2021
- ↑ 2.0 2.1 2.2 Texas State Legislature, "SJR 19 Text," accessed March 18, 2021
- ↑ 3.0 3.1 Texas Health and Human Services Commission, "HHS Provides Expanded Guidance to Nursing Facilities to Prevent Spread of COVID-19 in Texas," March 15, 2020
- ↑ Texas State Legislature, "Bill Analysis," accessed June 15, 2021
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 6.0 6.1 Texas State Legislature, "Senate Bill 25," accessed May 28, 2021
- ↑ Texas Tribune, "Texas to allow limited visitation in nursing homes with no active coronavirus cases," August 6, 2020
- ↑ Texas Health and Human Services Commission, "HHSC Publishes Revised Rules for Nursing Facility Visitation," March 22, 2021
- ↑ The Texas Tribune, "Texas lawmakers hope to exclude places of worship from emergency closures after COVID-19 pandemic shuttered doors," April 28, 2021
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
- ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
- ↑ 13.0 13.1 13.2 NCSL, "State Profiles: Elections," accessed July 28, 2024
- ↑ Texas Secretary of State, "Request for Voter Registration Applications," accessed July 28, 2024
- ↑ Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 21.0 21.1 21.2 21.3 21.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed February 27, 2023 Cite error: Invalid
<ref>tag; name "tvid" defined multiple times with different content
 |
State of Texas Austin (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
