It is late to clarify this proposition, but there is so
much misinformation on this subject. Let me explain Prop 4 very simply.
The current Texas Constitution ALLOWS the legislature to
pass a law instituting an income tax with a simple 50+% majority. The tax does NOT take
effect until a majority of registered voters approve in a statewide referendum.
Prop 4 eliminates the current wording in Sec. 24 of Article
VIII, above, and replaces it with the ballot wording. "The legislature may
not impose a tax on the net income of individuals ....."
Passing prop 4 makes it a constitutional amendment.
For this constitutional amendment to be over turned requires 2/3 approval of both state chambers to place another new amendment on the
ballot. That new amendment would likely require a simple majority to pass in order to
repeal Prop 4 and add language allowing a income tax.
Thus, it is clear that the current constitution does not
PROHIBIT a state income tax and if Prop 4 passes it will not PROHIBIT a state
income tax. It will just require another constitutional amendment, which
requires 2/3 approval by the legislature, to be placed on the ballot for voter’s
approval/disapproval.
Bottom line - Prop 4 raises the bar from simple majority to
2/3 majority for the legislature before a proposed tax can be placed on the
ballot.
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