By Wohlgemuth H.J.R. No. 21
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 bill that
1-8 imposes a state tax, increases the rate of a state tax, extends the
1-9 application of a state tax to a new class of persons, property,
1-10 transactions, or other items not previously taxed, or changes a
1-11 state tax in a manner that increases the tax liability of all
1-12 persons, property, transactions, or other items subject to the tax
1-13 unless the bill is approved by an affirmative vote of at least
1-14 two-thirds of the members elected to each house.
1-15 (b) This section does not apply to the repeal or amendment
1-16 of an exemption or other exception expressly provided by statute on
1-17 September 1, 1999.
1-18 (c) For purposes of this section, the term "state tax" does
1-19 not include:
1-20 (1) a tax or other levy imposed by a political
1-21 subdivision of this state;
2-1 (2) a fine, penalty, or interest charge;
2-2 (3) a charge for a specific service, property, or
2-3 other item in an amount that reasonably relates to the value of the
2-4 service, property, or item; or
2-5 (4) a fee, including a filing fee, license or
2-6 registration fee, or application fee.
2-7 (d) This section applies to the enactment by bill of a
2-8 general law covered by Section 24(a) or (b) of this article.
2-9 SECTION 2. This proposed constitutional amendment shall be
2-10 submitted to the voters at an election to be held on November 2,
2-11 1999. The ballot shall be printed to permit voting for or against
2-12 the proposition: "The constitutional amendment to require a
2-13 two-thirds vote of each house of the legislature for a bill that
2-14 imposes, increases, or extends the application of a state tax."