Bill Text: TX HJR49 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Proposing a constitutional amendment requiring any increase in a rate of the franchise tax be approved by two-thirds of all the members elected to each house of the legislature.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-21 - Referred to Ways & Means [HJR49 Detail]
Download: Texas-2011-HJR49-Introduced.html
| 82R2221 JE-D | ||
| By: Anderson of McLennan | H.J.R. No. 49 | |
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| proposing a constitutional amendment requiring any increase in a | ||
| rate of the franchise tax be approved by two-thirds of all the | ||
| members elected to each house of the legislature. | ||
| 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 bill increasing a rate of the franchise tax | ||
| per year of privilege period of taxable margin above the | ||
| corresponding rate provided by Chapter 1 (H.B. 3), Acts of the 79th | ||
| Legislature, 3rd Called Session, 2006, may take effect only if | ||
| passed by a record vote of two-thirds of all the members elected to | ||
| each house of the legislature on final consideration in each house. | ||
| (b) This section applies to an increase in a rate of the | ||
| franchise tax as it applies to any taxable entity, including a | ||
| taxable entity primarily engaged in retail or wholesale trade. | ||
| (c) This section does not apply to a bill that decreases a | ||
| rate of the franchise tax. If a rate of the franchise tax is | ||
| decreased, this section applies to any subsequent increase in that | ||
| rate. | ||
| (d) This section does not apply to a bill that amends: | ||
| (1) the manner in which the franchise tax is computed, | ||
| including the determination of margin and taxable margin and any | ||
| allowable deductions or credits; | ||
| (2) the manner in which the franchise tax is | ||
| administered or enforced; or | ||
| (3) the applicability of the franchise tax to certain | ||
| entities. | ||
| SECTION 2. 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 provide for voting for or against the | ||
| proposition: "The constitutional amendment requiring any increase | ||
| in a rate of the franchise tax be approved by two-thirds of all the | ||
| members elected to each house of the legislature." | ||
