89th Legislature

HCR 108

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HCR 108 urges the United States Department of Commerce to maintain the Tomato Suspension Agreement with Mexico, a longstanding trade accord that sets minimum pricing standards for fresh tomato exports from Mexico to the U.S. market. Originally enacted in 1996 and most recently updated in 2019, the agreement helps prevent unfair pricing practices while promoting stable and mutually beneficial trade in fresh tomatoes. The resolution highlights the substantial economic benefits this agreement brings to Texas and the United States more broadly, including its support for jobs, supply chain infrastructure, and affordable consumer access to fresh produce.

The resolution notes that more than half of all fresh tomatoes imported from Mexico enter through ports in Pharr and Laredo, with an estimated annual value of nearly $1.5 billion. It argues that terminating the agreement would trigger a 17.09% tariff on Mexican tomatoes, likely leading to sharp economic disruption in Texas. Specifically, H.C.R. 108 projects a potential $4.5 billion loss to the Texas economy and the elimination of approximately 32,000 jobs, particularly in the Rio Grande Valley, where many produce distribution centers operate.

Beyond economic concerns, the resolution points to potential consequences for consumers, including inflated tomato prices and limited availability of vine-ripened and specialty varieties. Given the extensive reliance of Texas businesses, workers, and consumers on the continued operation of the Tomato Suspension Agreement, the resolution calls for its preservation. It concludes by directing the Texas Secretary of State to forward an official copy of the resolution to the U.S. Secretary of Commerce, underscoring the urgency of state-level support for maintaining this critical trade framework.
Author
Ryan Guillen
Richard Raymond
Oscar Longoria
Mark Dorazio
Sponsor
Cesar Blanco
Co-Sponsor
Juan Hinojosa
Fiscal Notes

HCR 108 itself does not impose any direct fiscal obligations on the State of Texas, as it is a non-binding resolution urging federal action rather than enacting state-level policy or appropriations. However, the resolution identifies substantial indirect fiscal consequences that could arise from the termination of the Tomato Suspension Agreement between the U.S. Department of Commerce and Mexican tomato exporters.

The resolution outlines that Texas stands to lose over $4.5 billion in economic activity if the agreement is canceled and tariffs of 17.09% are reimposed on Mexican tomato imports. Much of this economic disruption would be concentrated in the Rio Grande Valley, where produce warehouses and logistics hubs depend heavily on cross-border tomato trade. A significant reduction in import volume could result in business closures, job losses, and a decline in commercial property tax revenue, as warehouse and distribution operations scale down or shutter.

Furthermore, the potential loss of approximately 32,000 jobs would have ripple effects on local and state finances. These include reduced payroll and sales tax collections, higher demand for unemployment insurance and social services, and diminished consumer spending in affected communities. While H.C.R. 108 does not allocate state funds, it makes clear that the preservation of the agreement helps protect Texas’s fiscal health by sustaining a critical sector of the state’s international trade economy.

In summary, while the resolution has no fiscal cost to the state treasury, its purpose is to avert significant negative fiscal impacts to Texas’s economy, employment base, and public revenues by advocating for federal continuity of a trade agreement that underpins a major agricultural import-export corridor.

Vote Recommendation Notes

While HCR 108 is intended to protect a key sector of Texas’s agricultural economy, the resolution fundamentally encourages continued federal intervention in an international commodity market, specifically, the enforcement of a managed trade agreement that imposes price floors on imported Mexican tomatoes. This stands in direct conflict with longstanding conservative commitments to free enterprise and limited government.

The Tomato Suspension Agreement, which the resolution seeks to preserve, operates as a government-mandated pricing mechanism. It requires signatory Mexican exporters to sell tomatoes at or above a U.S.-determined reference price to avoid anti-dumping tariffs. Though aimed at preventing market disruption, this kind of federal price control distorts natural supply and demand dynamics. It shields certain interests from competitive pressure and sets a troubling precedent of relying on federal bureaucracies to dictate outcomes in the private marketplace. A vote to maintain such an agreement is, in effect, a vote to support a regulated trade environment over a truly competitive one.

Moreover, HCR 108 signals support for expanded federal oversight in areas that should be governed by free-market forces and private contracts. The resolution urges the U.S. Department of Commerce to remain actively involved in pricing enforcement and bilateral trade mediation, effectively endorsing further entrenchment of Washington’s role in industry-level market management. For lawmakers who prioritize decentralization and constitutional limits on federal power, this approach raises serious concerns. Texas should be advocating for reduced dependence on federal trade enforcement, not lobbying for its preservation.

While the resolution is non-binding and does not allocate funds, it does express a clear policy preference that contradicts core principles of market freedom. It assumes that economic protection through federal agreements is preferable to the inherent risks and rewards of open commerce. This risks long-term harm by reinforcing the idea that economic stability must be guaranteed through intervention rather than earned through innovation and efficiency.

In sum, HCR 108 is well-meaning but misaligned with the values of limited government and free market economics. A vote against this resolution affirms a commitment to market-based policy and opposes the expansion of federal economic management in agriculture and trade. Texas Policy Research recommends that lawmakers vote NO on HCR 108.

  • Individual Liberty: The resolution has limited direct effect on individual liberty in the civil or social sense. It neither restricts nor expands personal freedoms in areas like speech, association, or religion. However, to the extent that individuals (such as entrepreneurs, growers, or small importers) are forced to operate under a federally managed pricing system, their economic liberty is affected. The government, rather than the market, determines acceptable pricing thresholds, which can impact a person's ability to freely contract or compete. This constitutes a mild but notable encroachment on individual economic freedom.
  • Personal Responsibility: By seeking to insulate the Texas tomato import and distribution industry from market volatility through federal protection, the resolution undermines the principle of personal responsibility. Businesses succeed or fail based on their ability to adapt, compete, and innovate, not through government-backed pricing arrangements. The resolution encourages a reliance on federal stabilization, thereby reducing the incentive for industry actors to respond to competition or adjust to market realities. In doing so, it fosters dependence rather than resilience.
  • Free Enterprise: At its core, the Tomato Suspension Agreement enforces a federally negotiated price floor on fresh tomato imports from Mexico. The resolution urges the continuation of this agreement, thereby endorsing price controls in an international commodity market. This is a direct conflict with the principle of free enterprise, which relies on open, competitive markets free from artificial pricing. While the agreement is framed as a tool to prevent market disruption, it effectively substitutes federal judgment for that of producers, buyers, and consumers. Conservatives who value free enterprise may rightly see this as an endorsement of government-managed trade rather than truly free trade.
  • Private Property Rights: The resolution could be argued to protect business owners who have invested in infrastructure tied to tomato imports (e.g., distribution centers and warehouses), by helping preserve the status quo. However, it also prioritizes the protection of existing economic actors over competitive market entry and innovation. In a free market, property rights are best preserved when individuals are free to engage in commerce without artificial price structures that favor certain suppliers. Governmentally enforced agreements that lock in pricing mechanisms may deter new entrants or innovation, which can indirectly impact how property rights function in a dynamic economy.
  • Limited Government: By encouraging the U.S. Department of Commerce to sustain a regulatory trade framework, the resolution expands the scope of federal authority in economic affairs, particularly in international trade and pricing enforcement. The agreement empowers the federal government to intervene in market activity, manage cross-border trade flows, and enforce compliance through tariffs and penalties. This runs counter to the idea that government should remain limited in both size and function. Even though the resolution is non-binding, it signals support for ongoing bureaucratic involvement in market regulation, a position at odds with limited government conservatism.
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