89th Legislature

HCR 35

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HCR 35 urges the United States Congress to amend the Internal Revenue Code to allow spaceports to qualify for tax-exempt private activity bonds. This resolution recognizes Texas’s long-standing leadership in the field of space exploration and innovation, dating back to the 1960s space race. Today, Texas continues to play a critical role in the national aerospace sector, being home to NASA’s Johnson Space Center and more than 2,000 aerospace-related businesses.

The resolution highlights recent legislative developments, including the creation of the Texas Space Commission and the Texas Aerospace Research and Space Economy Consortium, which are intended to support collaboration between higher education institutions and industry leaders. These initiatives are part of a broader strategy to secure Texas’s role in the fast-growing commercial space sector, which includes private space transportation, launch infrastructure, and related technologies.

HCR 35 draws a parallel between spaceports and other transportation hubs—such as airports and seaports—that already qualify for tax-exempt private activity bonds. It argues that providing the same eligibility to spaceports would attract more investment into space-related infrastructure, help meet increasing demand, and reinforce the United States’ leadership in global space commerce. The resolution concludes by formally requesting that the President of the United States, the U.S. Senate, the U.S. House of Representatives, and the Texas Congressional delegation act on this policy change and record the resolution in the Congressional Record.
Author
Claudia Ordaz
Greg Bonnen
Dennis Paul
Eddie Morales
Janie Lopez
Co-Author
Daniel Alders
John Bucy III
Ben Bumgarner
Elizabeth Campos
Charles Cunningham
Ryan Guillen
Caroline Harris Davila
Carrie Isaac
Ann Johnson
Armando Martinez
Candy Noble
Mary Perez
Mihaela Plesa
Alan Schoolcraft
Sponsor
Adam Hinojosa
Co-Sponsor
Paul Bettencourt
Cesar Blanco
Fiscal Notes

HCR 35 is a non-binding policy resolution with no direct fiscal impact on the Texas state budget. As a concurrent resolution, it does not appropriate funds, create or amend state statutes, or impose regulatory requirements. Instead, it expresses the will of the Texas Legislature by urging Congress to modify federal tax policy to allow spaceports to be financed using tax-exempt private activity bonds. Consequently, there are no immediate or quantifiable fiscal implications for state or local governments in Texas.

However, if Congress were to act on the resolution’s request, there could be indirect fiscal benefits for Texas over time. By making spaceports eligible for tax-exempt private activity bonds—a financing tool that reduces borrowing costs for private investors—this policy shift could incentivize additional infrastructure development in the state's commercial space sector. This may increase private capital investment, spur job creation, and generate broader economic growth in the aerospace and transportation industries, particularly in regions with existing or planned spaceport facilities.

Additionally, such developments could enhance state and local tax revenues over the long term through increased business activity, property development, and associated economic multipliers. Importantly, these benefits would be achieved without requiring new expenditures or subsidies from the state, preserving budget neutrality while potentially catalyzing economic growth in a strategic, high-tech sector.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on HCR 35 based on its alignment with key liberty principles and its potential to promote economic development in a high-growth, innovation-driven sector. The resolution urges Congress to make spaceports eligible for tax-exempt private activity bonds (PABs)—a well-established financing tool currently available to other transportation-related infrastructure such as airports and seaports. Given Texas’s role as a national leader in aerospace, with five spaceports, NASA’s Johnson Space Center, and more than 2,000 related enterprises, the state is uniquely positioned to benefit from policies that encourage private capital investment in space infrastructure.

The resolution does not impose mandates, regulations, or fiscal obligations on the state. Instead, it leverages federal tax policy to stimulate market-driven growth. Expanding eligibility for tax-exempt PABs could lower financing costs for private developers, catalyze spaceport expansion, create jobs, and enhance the competitiveness of Texas and the broader U.S. space economy. These outcomes are consistent with the principles of free enterprise, personal responsibility, and limited government, particularly because the mechanism avoids direct subsidies or new public spending.

However, there is a valid fiscal policy concern that should be noted. Making additional sectors eligible for tax-exempt bonds reduces federal tax revenue because bondholders are not taxed on the interest income. This tax benefit, while targeted, can have a redistribution effect: if more projects qualify for tax-exempt status, other taxpayers may ultimately bear a greater share of the overall federal tax burden, either through higher taxes, deficit financing, or reduced public services. Though this impact is generally modest and somewhat mitigated by federal volume caps on PABs, it remains an important long-term consideration.

In summary, while the resolution is fiscally conservative in terms of state impact and strategically advantageous for Texas’s economy, it does raise broader equity and tax policy questions at the federal level. These concerns warrant ongoing monitoring but do not outweigh the resolution’s merits in supporting innovation and private investment in aerospace infrastructure.

  • Individual Liberty: The resolution does not restrict or enhance individual rights or freedoms. It does not regulate personal behavior, impose civil or criminal penalties, or create new legal obligations for individuals. As such, it maintains the status quo with respect to personal liberty.
  • Personal Responsibility: By encouraging private financing of spaceport infrastructure rather than government-owned or taxpayer-funded development, the resolution aligns with the principle of personal responsibility. It promotes a policy environment where private entities take initiative and risk in pursuit of innovation and enterprise, reducing reliance on public subsidies.
  • Free Enterprise: The bill promotes free enterprise by expanding access to a tax-exempt financing tool (private activity bonds) that lowers borrowing costs for private investors. This facilitates the private sector development of spaceport infrastructure, enabling greater market competition and innovation in aerospace transportation. It treats spaceports similarly to other transportation sectors already benefiting from this tax status, leveling the economic playing field and empowering private actors.
  • Private Property Rights: The bill does not threaten private property rights and instead encourages private sector-led infrastructure development. However, any future expansion of spaceports must be carefully managed to avoid potential abuses of eminent domain. While this resolution does not directly implicate that risk, it’s a factor to monitor in implementation to ensure that property rights are respected.
  • Limited Government: This bill exemplifies limited government in two ways: first, by using an existing federal tax mechanism rather than creating new spending programs or regulatory agencies; and second, by urging federal—not state—action, meaning it does not expand the size or scope of Texas government. The approach leverages private capital and market incentives rather than state intervention to address infrastructure needs.
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