82R10620 JE-D
 
  By: Burnam H.J.R. No. 6
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment to reserve to the people the
  powers of initiative for the sole purpose of adopting and imposing a
  state income tax.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Article III, Texas Constitution, is amended by
  amending Section 1 and adding Section 1A to read as follows:
         Sec. 1.  Subject to Section 1A of this article, the [The]
  Legislative power of this State shall be vested in a Senate and
  House of Representatives, which together shall be styled "The
  Legislature of the State of Texas."
         Sec. 1A.  (a) The people reserve to themselves the power to
  propose statutory and constitutional measures as provided by
  Subsection (b) of this section by petition for submission to the
  electorate and to have those measures enacted as provided by this
  section. This power is known as the initiative.
         (b)  A proposed measure may only relate to the imposition of
  a tax on the net incomes of natural persons, including a person's
  share of partnership and unincorporated association income, and may
  not contain any other subject.
         (c)  A proposed statutory or constitutional measure and a
  good faith filing fee in an amount set by general law must be
  submitted to the attorney general.  The attorney general shall
  advise the petitioner as to proper form and language and, with the
  consent of the petitioner, may redraft the text of the measure as
  necessary or desirable to achieve its purposes.  If the attorney
  general determines that any provision of a proposed statutory
  measure would be invalid under this constitution, including because
  the measure contains a subject other than that authorized under
  Subsection (b) of this section, the attorney general shall return
  the measure to the petitioner accompanied by written reasons for
  the determination of unconstitutionality. A measure determined to
  be unconstitutional may not be forwarded to other state officers
  under Subsection (d) of this section.
         (d)  If the attorney general determines that the proposed
  measure authorizes or requires the expenditure or diversion of any
  state funds, the attorney general shall forward the measure to the
  comptroller of public accounts for the preparation of a fiscal
  note. Otherwise, the attorney general shall forward the measure to
  the secretary of state.
         (e)  After receipt of a proposed measure from the attorney
  general, the comptroller shall prepare and sign the fiscal note,
  attach it to the measure, and forward the measure to the secretary
  of state.  In the fiscal note, the comptroller shall outline the
  fiscal implications and probable cost of the measure each year for
  the first five years after its effective date and a statement as to
  whether there will be costs involved thereafter.
         (f)  After receipt of a proposed measure from the attorney
  general or comptroller, the secretary of state shall issue to the
  petitioner approved copies of an initiative petition proposing the
  measure in the number requested. The secretary may charge for each
  copy a reasonable fee to cover the cost of reproduction. The
  secretary shall prescribe standards of form and design for a
  petition. Each part of a petition must include the full text of the
  proposed measure.
         (g)  An initiative petition that proposes a statutory
  measure imposing an income tax must be signed by a number of
  registered voters equal to at least four percent of the total
  number of votes received by all candidates for governor in the most
  recent gubernatorial general election in each of at least
  two-thirds of the congressional districts as well as statewide. An
  initiative petition that proposes a constitutional measure
  imposing an income tax must be signed by a number of registered
  voters equal to at least six percent of the total number of votes
  received by all candidates for governor in the most recent
  gubernatorial general election in each of at least two-thirds of
  the congressional districts as well as statewide.
         (h)  To be certified as valid, the petition containing the
  required number of signatures must be filed with the secretary of
  state not later than the 365th day after the date the approved
  copies are issued by the secretary. The secretary shall review the
  petition to determine whether it is valid. The secretary may use
  any reasonable statistical sampling method as the basis for
  verification. If the secretary determines that the petition does
  not contain the required number of signatures, the petitioners have
  30 days after the date of that determination to obtain additional
  signatures. On determining that the petition complies with this
  section, the secretary shall certify it as valid.
         (i)  If a certified petition proposes a statutory measure
  imposing an income tax, the secretary of state shall submit the
  question of approval or disapproval of the measure to the voters of
  the state at an election to be held on the first Tuesday after the
  first Monday in November that occurs on or after the 150th day after
  the date the petition is submitted to the secretary of state for
  certification.  If the measure is approved by a majority of those
  voting on the question, the statutory change proposed by the
  measure takes effect according to its terms.
         (j)  If a statutory measure imposing an income tax proposed
  by petition becomes law, the tax may be amended or repealed within
  five years after it takes effect only on the record vote of
  two-thirds of the members elected to each house.
         (k)  If a certified petition proposes a constitutional
  measure imposing an income tax, the secretary of state shall submit
  the question of approval or disapproval of the measure to the voters
  at an election to be held on the first Tuesday after the first
  Monday in November that occurs on or after the 150th day after the
  date the petition is submitted to the secretary of state for
  certification.  If the measure is approved by a 60 percent majority
  of those voting on the question, the amendment proposed by the
  measure becomes a part of the constitution.
         (l)  The secretary of state shall prepare the ballot
  proposition for a measure proposed by initiative. The proposition
  must be descriptive but not argumentative or prejudicial. The
  provisions of this constitution and of law that apply to
  publication of constitutional amendments proposed under Section 1,
  Article XVII, of this constitution apply to the publication of
  measures proposed under this section.
         (m)  This section is self-executing, but laws may be enacted
  to facilitate its operation. However, no law may be enacted to
  hamper, restrict, or impair the exercise of the power of
  initiative.
         SECTION 2.   Article XVII, Texas Constitution, is amended by
  adding Section 2 to read as follows:
         Sec. 2. In addition to the mode of amendment provided by
  Section 1 of this article, the constitution may be amended by the
  initiative procedure authorized by Section 1A, Article III, of this
  constitution.
         SECTION 3.   This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2011.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment reserving to the people
  the powers of initiative for the sole purpose of adopting and
  imposing a state income tax."