Texas lawmaker wants 'clean water' right added to state constitution
AUSTIN (KXAN) -- Texas lawmakers are joining the push to add a new "green amendment" to the state constitution. The movement aims to protect people's rights to "clean air, clean water, healthy soil, fauna, etc..." said State Representative Vikki Goodwin (D).
On October 17, Rep. Goodwin is hosting a town hall that will discuss the Green Amendment and why it should be added to the Texas Constitution.
"It's actually a very short amendment," Rep. Goodwin said. She introduced the amendment during the last legislative session in 2023. The joint resolution did not receive a hearing.
Rep. Goodwin said she's planning to bring the amendment up again in the next legislative session that starts in January.
"I've had a little bit more time to let people know what it is we're trying to accomplish with it, and we've gotten some groups that are getting behind it," Rep. Goodwin said.
What is a green amendment?
The Green Amendment For The Generation movement was founded by Maya van Rossum. It aims to add an amendment to every state's bill of rights that adds protections to the planet and environment.
"Because of that bill of rights placement and the careful choice of language, it lifts up environmental rights," van Rossum said.
The language for these amendments is pretty simple. Here is what the first proposed Texas Amendment said:
Sec. 36. (a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native
H.J.R. No. 119
flora and fauna, and to the preservation of the natural, cultural, scenic, recreational, and healthful qualities of the environment.
The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
(b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches
and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations.
"They're all just plain clear statements about these environmental essentials of life, and that they need to be recognized and protected at that constitutional level," van Rossum said.
Currently, three states have a green amendment in their state constitution: New York, Montana and Pennsylvania.
Eighteen other states, according to van Rossum, have taken steps to add the amendment.
"It would be great if Texas was on the leading edge of this environmental movement, but it may take some time," Rep. Goodwin said.
Why add a green amendment?
According to Rep. Goodwin, the amendment gives Texans extra bite when protecting the land and provides additional avenues for legal action if someone damages a waterway or your air quality.
"If the state agency isn't penalizing a company for polluting a waterway. For example, an individual could say, well, you're going against my constitutional right to a clean river," Rep. Goodwin said.
Maya van Rossum started the movement after she used the Green Amendment in Pennsylvania to win a lawsuit in Delaware.
"We thought, wow, we have this really important amendment, and we used it in our legal arguments, seven municipalities, seven local government, governmental entities, joined us in that legal action, and we were successful," van Rossum said.
van Rossum said that they've focused on state constitutions because they are easier to amend than the national one. "State constitutions are amended all the time with great regularity, and states have a lot of authority when it comes to the environment and environmental protection."
Amendments in Texas
After almost every legislative session, Texas voters are asked to decide on new amendments.
First, the legislature needs to pass a joint resolution. This requires a two-thirds vote in both chambers. This means at least 100 members in the Texas House and 21 in the Texas Senate.
Then a majority of Texas votes must approve the amendment in an election.
In last year's constitutional amendment election, votes passed thirteen propositions. That included a proposition to lower property tax.
Votes also approved an amendment to provide retired teachers with cost-of-living increases, as well as measures to create funds investing in broadband, water infrastructure and state parks.
A measure to raise the mandatory retirement age for judges failed to pass.
In all, votes passed 13 out of the 14 proposed amendments, which is usually what happens in Texas. Since 1876, lawmakers have put 711 proposed constitutional amendments on the ballot. The votes passed 530 of them, nearly 75%.