Bill Text: TX HJR78 | 2025-2026 | 89th Legislature | Introduced

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Bill Title: Proposing a constitutional amendment prohibiting the taxation of the sale or use of certain food, drinks, medicine, and child-care services.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2025-03-07 - Referred to Ways & Means [HJR78 Detail]

Download: Texas-2025-HJR78-Introduced.html

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89R2076 CJC-F
By: Raymond H.J.R. No. 78

A JOINT RESOLUTION
proposing a constitutional amendment prohibiting the taxation of
the sale or use of certain food, drinks, medicine, and child-care
services.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VIII, Texas Constitution, is amended by
adding Section 28 to read as follows:
Sec. 28. The legislature may not enact a general law that
would impose a state tax on the sale or use of:
(1) food or a drink that was not subject to taxation
under Chapter 151, Tax Code, on January 1, 2025;
(2) a medicine that was not subject to taxation under
Chapter 151, Tax Code, on January 1, 2025; or
(3) a child-care service that was not subject to
taxation under Chapter 151, Tax Code, on January 1, 2025.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 89th Legislature,
Regular Session, 2025, prohibiting the taxation of the sale or use
of certain food, drinks, medicine, and child-care services, and
expires December 31, 2027.
(b) If the 89th Legislature, during the regular or a special
session, enacts a general law prohibited by Section 28, Article
VIII, of this constitution, the portion of the general law that
violates that section expires January 1, 2027.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2025.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment prohibiting the
taxation of the sale or use of certain food, drinks, medicine, and
child-care services."