In the opening days of the current session, Senate Republicans made it clear they don’t want traditional consensus-building rules to stop them from passing pet legislation like Voter ID. They know how difficult getting a two-thirds “supermajority” can be.
Meanwhile, in the House, Rep. Ken Paxton is among the Republicans trying to create new supermajority rules. The motivation? Fear of taxation.
Paxton’s House Joint Resolution 52 proposes a constitutional amendment requiring a four-fifths majority in both chambers to create an income tax or, down the road, to increase the tax.
“Not having a state income tax attracts businesses and qualified workers to our state,” Paxton says. “Texas’ economy continues to grow at a time when most other states, particularly those with a state income tax, are suffering. In order to maintain our competitive edge, I have filed HJR 52 to make the passage of a state income tax even more difficult in Texas.”
Fellow Republicans Rep. Charles “Doc” Anderson of Waco and Rep. Dan Branch of Dallas have filed similarly spirited legislation, HJR 30 and HJR 16, respectively, requiring supermajorities for increasing the franchise tax. Branch calls for four-fifths, while Anderson sets his sights on a two-thirds supermajority.
There is a model for such measures: California, which requires a two-thirds supermajority to raise taxes, and even to pass a budget. There, supermajority requirements have tied legislators’ hands as they’ve tried to respond to a $42 billion budget shortfall. In a December editorial, the Los Angeles Times wrote, “We’ve been reticent to fully support an end to the supermajority requirement. That’s over. It has become abundantly clear that California can no longer function with a supermajority requirement.”
Though its situation isn’t as dire as California’s, Texas is no stranger to budget shortfalls. And there are already multiple hurdles to enacting an income tax. Voters would have to approve a personal income tax in a state referendum; they’d also have to OK any subsequent increases in the tax rate.
Rep. Tan Parker, a Flower Mound Republican, floated a proposal in the last session requiring a two-thirds majority to approve an income-tax referendum. The nonprofit Center for Public Policy Priorities wrote at the time that the proposal would “introduce an unnecessary additional barrier to voter consideration of a personal income tax, undermining the principle of majority rule.”
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Karen Hall’s knees still haven’t recovered from gathering signatures door-to-door for an amendment to Bryan’s city charter. “Democracy is a messy business,” she says, “but we like it.”
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After she lost her first campaign for a House seat from Houston in 2006, Kristi Thibaut showed up in Austin anyway. What she encountered, as she lobbied unsuccessfully for lower utility rates with fellow ACORN activists, was almost enough to make her wonder why she'd wanted that seat in the first place.
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Sometimes our legislators don't even know what's in their own bills. This morning, Rep. Dan Flynn (R-Van) discussed his House Bill 1165 before the Defense & Veterans Affairs Committee and it was evident that he hadn't read - or maybe didn't understand - what all was in it.
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