Bill Text: TX HJR6 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Ways & Means [HJR6 Detail]
Download: Texas-2011-HJR6-Introduced.html
82R10620 JE-D | ||
By: Burnam | H.J.R. No. 6 |
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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 [ |
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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." |