76R13584 CBH-D
By Culberson H.J.R. No. 12
Substitute the following for H.J.R. No. 12:
By Counts C.S.H.J.R. No. 12
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to require a two-thirds vote
1-2 of the membership of each house of the legislature to enact certain
1-3 tax bills.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article VIII of the Texas Constitution is amended
1-6 by adding Section 25 to read as follows:
1-7 Sec. 25. (a) The legislature may not enact a law that
1-8 provides for a net increase in state revenue through the imposition
1-9 of a state tax, the increase of the rate of a state tax, or the
1-10 extension of the application of a state tax to a new class of
1-11 persons, property, transactions, or other items unless the law is
1-12 approved by a vote of two-thirds of the membership of each house.
1-13 (b) This section does not apply to a law for which the
1-14 comptroller has determined that, at the time the legislature votes,
1-15 will result in a net loss in state revenue or in no net change in
1-16 state revenue.
1-17 (c) This section does not apply to the repeal or amendment
1-18 of an exemption or other exception expressly provided by statute on
1-19 September 1, 1999.
1-20 (d) This section does not apply to the imposition, increase,
1-21 or extension of a fee if the revenue from the fee is required to be
1-22 used for purposes directly related to the activity for which the
1-23 fee is imposed.
1-24 SECTION 2. This proposed constitutional amendment shall be
2-1 submitted to the voters at an election to be held November 2, 1999.
2-2 The ballot shall be printed to permit voting for or against the
2-3 proposition: "The constitutional amendment to require a two-thirds
2-4 vote of each house of the legislature to raise, create, or extend
2-5 state taxes."