89th Legislature Regular Session

HJR 144

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HJR 144 proposes a constitutional amendment to Article III of the Texas Constitution to authorize the Texas Legislature to create regional mobility authorities (RMAs) through local law. RMAs are special-purpose districts typically tasked with developing and managing transportation infrastructure, such as toll roads, bridges, and highways, within a defined region of the state. Under current law, such entities are generally created under broader statutory authority or through specific enabling legislation subject to constitutional requirements for local or special laws.

The amendment would add a new Section 68 to Article III of the Constitution, explicitly permitting the Legislature to bypass the local notice requirements typically mandated for special or local legislation when creating an RMA. This means that RMAs could be established with greater legislative ease, focused on specific regional transportation needs without the same procedural hurdles designed to ensure public transparency and local input.

If adopted by the voters in the November 4, 2025 general election, this amendment would give the Legislature more flexibility in tailoring transportation solutions at the regional level.
Author
Eddie Morales
Fiscal Notes

According to the Legislative Budget Board (LBB), HJR 144 is not expected to have any significant fiscal impact on the State of Texas beyond the mandatory costs associated with publishing the proposed constitutional amendment. The estimated cost of publication, which is required by the Texas Constitution for all ballot propositions, is $191,689. This cost would be incurred by the state in connection with placing the proposed amendment on the November 4, 2025, general election ballot.

The resolution itself does not create or fund regional mobility authorities (RMAs) directly. Instead, it merely enables the Legislature to establish them by local law, bypassing some of the procedural requirements normally applicable to local or special legislation. As such, it does not include any direct appropriations or mandates that would require state spending beyond the publication cost. The Legislative Budget Board also states that any associated administrative or procedural costs could likely be absorbed within existing agency resources.

Additionally, the fiscal note concludes that there would be no fiscal implications for local governments. This indicates that, at the resolution stage, local taxing entities or governing bodies would not incur new costs as a result of this measure. However, it's important to note that the creation of RMAs under future enabling legislation might have localized fiscal consequences depending on the structure, revenue mechanisms, and financing tools employed.

Vote Recommendation Notes

HJR 144 proposes a constitutional amendment to permit the Texas Legislature to create regional mobility authorities (RMAs) by local law without being subject to the local notice requirements typically applicable to special or local legislation. The stated motivation for this resolution originates from Maverick County’s growing transportation needs and the desire of local leaders to develop tailored financing and planning mechanisms for regional infrastructure through the establishment of an RMA.

While the localized intent of this resolution is understandable—particularly in addressing real transportation challenges in rapidly growing areas—its broader implications raise substantial concerns from a liberty and governance perspective. The authority to create RMAs without public notice requirements diminishes a vital constitutional safeguard designed to ensure transparency and accountability in the legislative process. This circumvention could establish a precedent that enables localized legislation to be pushed through without sufficient public scrutiny, potentially allowing quasi-governmental agencies to be formed with far-reaching powers, including eminent domain and the imposition of tolls or fees, with minimal community input.

Furthermore, although the fiscal note indicates that HJR 144 would have no significant fiscal impact on the state or local governments aside from the publication cost, the long-term financial and legal implications of enabling RMAs by local law could vary widely across regions. These entities often operate with autonomy and issue debt, and there is concern over how they might expand governmental functions in ways that conflict with the principle of limited government.

In sum, while HJR 144 seeks to offer flexibility in addressing regional infrastructure needs, it does so by weakening constitutional protections and potentially expanding government authority in ways that could conflict with foundational liberty principles. Thus, Texas Policy Research recommends that lawmakers vote NO on HJR 144.

  • Individual Liberty: While HJR 144 does not immediately curtail individual freedoms, it could indirectly diminish individual liberty by facilitating the creation of regional entities (RMAs) that can impose tolls, fees, and land use regulations. These RMAs, if created without strong public oversight, could limit residents' influence over decisions that affect their daily lives—particularly in rural or underserved regions where civic engagement opportunities are already limited. Additionally, removing the constitutional requirement for local notice may undermine the public’s right to be informed about laws that will uniquely affect their region.
  • Personal Responsibility: This resolution does not directly promote or discourage personal responsibility. However, by enabling state-created entities to manage and finance transportation infrastructure, it centralizes problem-solving authority in government institutions rather than encouraging locally driven solutions or private-sector alternatives. Still, this effect is more structural than behavioral.
  • Free Enterprise: RMAs are often granted monopolistic powers to develop and operate toll roads and other infrastructure. By streamlining the process for their creation via local law, HJR 144 may unintentionally crowd out private-sector participation in transportation solutions. For example, private firms or public-private partnerships might have fewer opportunities to bid on or operate such infrastructure, especially if RMAs control funding and project development exclusively. This can dampen market competition and innovation in transportation delivery.
  • Private Property Rights: A significant concern raised by this resolution is the potential expansion of eminent domain authority through RMAs. These authorities typically have the power to condemn private property for transportation projects. Granting the Legislature the ability to create such entities more easily—without local notice requirements—may result in less public accountability and increased instances of land seizures. This poses a clear risk to private property rights, particularly in rural or low-income areas where legal resistance may be more difficult to mount.
  • Limited Government: HJR 144 explicitly removes a constitutional safeguard: the requirement that local or special legislation be preceded by public notice. This change expands the Legislature’s power to create governing entities tailored to specific regions without traditional procedural transparency. Such a shift runs counter to the principle of limited government by loosening constraints on legislative power and facilitating the growth of quasi-governmental bodies with independent financial and operational authority. The Republican Party of Texas platform, in particular, stresses the importance of constitutional transparency and opposes government overreach in local affairs.
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