As State Representative, I supported HJR 38 which seeks a constitutional amendment to prohibit a state income tax collection. HJR 38 will appear as Proposition 4 on the November ballot.
Proposition 4, if approved by the voters on Nov. 5, will prohibit the collection of an income tax of individuals by the State of Texas.
The ballot language reads as follows:
“The constitutional amendment prohibiting the imposition of an individual income tax, including a tax on an individual’s share of partnership and unincorporated association income.”
So those who support banning the State from collecting an income tax, will also support proposition 4 and will want to vote “for” the proposition.
Currently the State of Texas does not collect an income tax and has no plans to do so.
Also under current law, if the Legislature decides to enact an income tax, it must call a statewide election to ask voters for their approval.
If Proposition 4 passes, in lieu of the election requirement, the state constitution will outright ban a statewide income tax.
The result will be before the state could enact a state income tax, the Legislature must pass a constitutional amendment requiring support of 2/3rds of each legislative chamber as well as a statewide constitutional amendment election.
This is a much higher threshold than we have now.
If Proposition 4 fails in November, the current law will still be in effect.
There will not be a sudden imposition of an income tax by the State.
Those who vote “yes” for Proposition 4 support a stricter ban on a state income tax.
Voting “no” will leave our current law in effect.
There is quite a bit of misinformation out there on this topic, particularly on social media.
I want to reassure everyone that pass or fail, Proposition 4 will not directly lead to a state income tax. However, its passage will absolutely strengthen the prohibitions against one.
I hope everyone will make their way to the polls this November to vote on all 10 Constitutional Amendments.
If you have questions on any of them, my staff is available to help you.
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