S.J.R. No. 49
                                SENATE JOINT RESOLUTION
    1-1  proposing a constitutional amendment prohibiting a personal income
    1-2  tax without voter approval and dedicating the proceeds of the tax,
    1-3  if enacted, to education and property tax relief.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article VIII, Section 1(c), of the Texas
    1-6  Constitution, is amended to read as follows:
    1-7        (c)  The Legislature may provide for the taxation of
    1-8  intangible property and may also impose occupation taxes, both upon
    1-9  natural persons and upon corporations, other than municipal, doing
   1-10  any business in this State.  Subject to the restrictions of Section
   1-11  24 of this article, it <It> may also tax incomes of both natural
   1-12  persons and corporations other than municipal.  Persons<, except
   1-13  that persons> engaged in mechanical and agricultural pursuits shall
   1-14  never be required to pay an occupation tax.
   1-15        SECTION 2.  Article VIII of the Texas Constitution is amended
   1-16  by adding Section 24 to read as follows:
   1-17        Sec. 24.  (a)  A general law enacted by the legislature that
   1-18  imposes a tax on the net incomes of natural persons, including a
   1-19  person's share of partnership and unincorporated association
   1-20  income, must provide that the portion of the law imposing the tax
   1-21  not take effect until approved by a majority of the registered
   1-22  voters voting in a statewide referendum held on the question of
   1-23  imposing the tax.  The referendum must specify the rate of the tax
    2-1  that will apply to taxable income as defined by law.
    2-2        (b)  A general law enacted by the legislature that increases
    2-3  the rate of the tax, or changes the tax, in a manner that results
    2-4  in an increase in the combined income tax liability of all persons
    2-5  subject to the tax may not take effect until approved by a majority
    2-6  of the registered voters voting in a statewide referendum held on
    2-7  the question of increasing the income tax.  A determination of
    2-8  whether a bill proposing a change in the tax would increase the
    2-9  combined income tax liability of all persons subject to the tax
   2-10  must be made by comparing the provisions of the proposed change in
   2-11  law with the provisions of the law for the most recent year in
   2-12  which actual tax collections have been made.  A referendum held
   2-13  under this subsection must specify the manner in which the proposed
   2-14  law would increase the combined income tax liability of all persons
   2-15  subject to the tax.
   2-16        (c)  Except as provided by Subsection (b) of this section,
   2-17  the legislature may amend or repeal a tax approved by the voters
   2-18  under this section without submitting the amendment or the repeal
   2-19  to the voters as provided by Subsection (a) of this section.
   2-20        (d)  If the legislature repeals a tax approved by the voters
   2-21  under this section, the legislature may reenact the tax without
   2-22  submitting the reenactment to the voters as provided by Subsection
   2-23  (a) of this section only if the effective date of the reenactment
   2-24  of the tax is before the first anniversary of the effective date of
   2-25  the repeal.
    3-1        (e)  The legislature may provide for the taxation of income
    3-2  in a manner which is consistent with federal law.
    3-3        (f)  In the first year in which a tax described by Subsection
    3-4  (a) is imposed and during the first year of any increase in the tax
    3-5  that is subject to Subsection (b) of this section, not less than
    3-6  two-thirds of all net revenues remaining after payment of all
    3-7  refunds allowed by law and expenses of collection from the tax
    3-8  shall be used to reduce the rate of ad valorem maintenance and
    3-9  operation taxes levied for the support of primary and secondary
   3-10  public education.  In subsequent years, not less than two-thirds of
   3-11  all net revenues from the tax shall be used to continue such ad
   3-12  valorem tax relief.
   3-13        (g)  The net revenues remaining after the dedication of money
   3-14  from the tax under Subsection (f) of this section shall be used for
   3-15  support of education, subject to legislative appropriation,
   3-16  allocation, and direction.
   3-17        (h)  The maximum rate at which a school district may impose
   3-18  ad valorem maintenance and operation taxes is reduced by an amount
   3-19  equal to one cent per $100 valuation for each one cent per $100
   3-20  valuation that the school district's ad valorem maintenance and
   3-21  operation tax is reduced by the minimum amount of money dedicated
   3-22  under Subsection (f) of this section, provided that a school
   3-23  district may subsequently increase the maximum ad valorem
   3-24  maintenance and operation tax rate if the increased maximum rate is
   3-25  approved by a majority of the voters of the school district voting
    4-1  at an election called and held for that purpose.  The legislature
    4-2  by general law shall provide for the tax relief that is required by
    4-3  Subsection (f) and this subsection.
    4-4        (i)  Subsections (f) and (h) of this section apply to ad
    4-5  valorem maintenance and operation taxes levied by a school district
    4-6  on or after the first January 1 after the date on which a tax on
    4-7  the net incomes of natural persons, including a person's share of
    4-8  partnership and unincorporated association income, begins to apply
    4-9  to that income, except that if the income tax begins to apply on a
   4-10  January 1, Subsections (f) and (h) of this section apply to ad
   4-11  valorem maintenance and operation taxes levied on or after that
   4-12  date.
   4-13        (j)  A provision of this section prevails over a conflicting
   4-14  provision of Article VII, Section 3, of this Constitution to the
   4-15  extent of the conflict.
   4-16        SECTION 3.  This proposed constitutional amendment shall be
   4-17  submitted to the voters at an election to be held November 2, 1993.
   4-18  The ballot shall be printed to provide for voting for or against
   4-19  the proposition:  "The constitutional amendment prohibiting a
   4-20  personal income tax without voter approval and, if an income tax is
   4-21  enacted, dedicating the revenue to education and limiting the rate
   4-22  of local school taxes."