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78R4223 DAK-D

By:  Merritt                                                    H.J.R. No. 47 



A JOINT RESOLUTION

proposing a constitutional amendment to prohibit an inheritance tax 
unless approved by a majority of registered voters in a statewide 
referendum.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article VIII, Texas Constitution, is amended by 
adding Section 25 to read as follows:
	Sec. 25.  (a)  A general law enacted by the legislature on or 
after January 1, 2006, that imposes an inheritance tax on the 
transfer at death of the property of an individual may not take 
effect until approved by a majority of the registered voters voting 
in a statewide referendum held on the question of imposing the tax.  
The referendum must specify the rate of the inheritance tax that 
will apply to the transfer at death of the property of an 
individual.
	(b)  A general law enacted by the legislature on or after 
January 1, 2006, that increases the rate of the inheritance tax or 
changes the tax in a manner that is likely to result in an increase 
in revenue from the tax solely as a result of the change may not take 
effect until approved by a majority of the registered voters voting 
in a statewide referendum held on the question of increasing the 
inheritance tax.  A determination of whether a bill proposing a 
change in the tax is likely to result in an increase in revenue from 
the tax must be made by comparing the provisions of the proposed 
change in law with the provisions of the law for the most recent 
year in which actual tax collections have been made.  A referendum 
held under this subsection must specify the manner in which the 
proposed law is likely to result in an increase in revenue from the 
tax.
	(c)  Except as provided by Subsection (b) of this section, 
the legislature may amend or repeal a tax approved by the voters 
under this section without submitting the amendment or the repeal 
to the voters as provided by Subsection (a) of this section.
	(d)  If the legislature repeals a tax approved by the voters 
under this section, the legislature may reenact the tax without 
submitting the reenactment to the voters as provided by Subsection 
(a) of this section only if the effective date of the reenactment of 
the tax is before the first anniversary of the effective date of the 
repeal.
	(e)  A general law enacted by the legislature before January 
1, 2006, that imposes an inheritance tax on the transfer at death of 
the property of an individual is void and may not be enforced except 
for purposes of the liability for and collection of taxes imposed on 
the transfer of property as the result of a death before that date.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 4, 2003.  
The ballot shall be printed to permit voting for or against the 
proposition: "The constitutional amendment to prohibit an 
inheritance tax unless approved by a majority of registered voters 
in a statewide referendum."