The proposed new Early College High School is seen in this rendering. The Tyler ISD board has approved placing an $89 million bond package on the May ballot, including $26 million for the Early College High School.

Residents who go to the polls in May to vote in Tyler ISD’s bond election will see six words — in all caps — on the ballot that could cause confusion: “THIS IS A PROPERTY TAX INCREASE.”

After House Bill 3 was approved by the Legislature in 2019, that language is required on all school bond election ballots regardless if the bond will or will not actually increase property taxes.

Dax Gonzalez, division director for the Texas Association of School Boards governmental relations, said those who were in favor of that part of HB 3 argued it would provide voters with transparency.

“Bills like this have been going through the Legislature for years,” Gonzalez said. “We traditionally oppose them mostly because we feel that they actually don’t provide transparency. They’re actually not quite accurate.”

The Tyler ISD bond package on the May ballot totals $89 million. Of this, $63 million would fund a new Hubbard Middle School, and $26 million would go toward a new Early College High School.

After approving the bond package to be placed on the May ballot, Tyler ISD School Board President Wade Washmon said it will not change the district’s tax rate. He added that the tax rate “has actually gotten lower over the last couple of years, and we intend to keep lowering it.

“I’ve heard from several trustees that they’re frustrated because they may be doing a bond this year or something else that won’t actually increase their tax rate, but they’re required to put a statement on there in all caps — can’t even change the font — that says ‘this is a property tax increase,’ ” Gonzalez said.

While this language is required even if a district is not increasing taxes, it is intended as a caution, said Mark Owens, associate professor of political science at the University of Texas at Tyler.

“A statement like this from the state law is more to be a simple explanation to the voter so they know their property taxes will be potentially the same or higher because of if they vote yes on that proposal,” Owens said.

A benefit to the language is that it could help voters “understand it from the perspective of their pocket book,” but on the other side, this language would be the first thing voters see, possibly leading them to vote no, Owens said.

“Hopefully voters will understand it is simply a caution to let you know that this ballot initiative is different than other ballot initiatives.”

Gonzalez said he believes it could make it more difficult for bonds to pass.

Typically, the passing rate for school bonds is more than 70%, but the last couple of election cycles, they’re passing at a rate between 50% and 60%, Gonzalez said. The main cause of property taxes increasing in Texas are higher appraised values, he added.

“The Legislature can’t really legislate appraisals, nor do they want to,” Gonzalez said. “They don’t want to touch telling a homeowner that they shouldn’t sell their house for a certain amount of money, so where (lawmakers do) come down on folks is on tax rates.”

When it comes to large bills such as HB 3, not everyone understands or catches everything that’s in them, Gonzalez said. There are many moving parts, and sometimes things can get snuck in, he added.

This language “is an issue that I’ve heard a lot of consternation about among our members, and they just wish it was a little more honest because school districts are getting more kids or their facilities are aging and they just need to update their facilities,” Gonzalez said.

“I’d like to give (lawmakers) the benefit of the doubt and say it was an unintended consequence, but I could see how a cynical person would say it was an intentional effort to slow the passage of school district propositions.”