According to the Legislative Budget Board (LBB), HJR 161 is not expected to have any fiscal impact on the State of Texas beyond the constitutionally required publication costs. The only projected expense is the cost of publishing the resolution in statewide newspapers, as required for all proposed constitutional amendments. This cost is estimated at $191,689.

There are no anticipated costs to units of local government. The resolution does not mandate any new responsibilities for counties or municipalities, nor does it alter election administration procedures that would require local expenditure. Since the prohibition on noncitizen voting is already established in Texas law, the amendment reinforces existing policy rather than introducing operational changes with budgetary implications.

In summary, HJR 161 is fiscally neutral apart from a one-time publication cost to the state, with no ongoing or administrative burdens expected for either the state or local governments.

Texas Policy Research recommends that lawmakers vote YES on HJR 161 based on its alignment with the principles of limited government, individual liberty, and the rule of law. The resolution proposes a narrowly focused constitutional amendment that explicitly prohibits individuals who are not U.S. citizens from voting in Texas elections. This reflects an effort to codify in the Texas Constitution what is already established in statute and federal law, namely that voting in state and federal elections is a right reserved for U.S. citizens.

The background provided in the bill analysis reinforces this intent. It notes that while Texas law does require voters to be U.S. citizens, this requirement is not currently stated in the Texas Constitution. The absence of this language, combined with federal law allowing states to set their own rules for non-federal elections, creates a potential legal ambiguity. HJR 161 resolves this by formally enshrining the citizenship requirement in the state’s governing document, thereby strengthening the legal foundation for election integrity and insulating the rule from future legislative or judicial reinterpretation.

Importantly, HJR 161 does not create a new offense, impose criminal penalties, or expand government regulatory authority. It simply adds constitutional clarity. From a fiscal perspective, the only cost incurred is the standard expense of publication, which is estimated at $191,689 and is routine for proposed constitutional amendments. No burden is placed on local governments or election officials.

In sum, HJR 161 is a low-cost, constitutionally sound measure that affirms an existing legal standard and reflects a broad, nonpartisan understanding of voting as a core civic duty tied to citizenship. It reinforces election integrity without expanding state authority, making it fully consistent with the principles of limited government and individual responsibility. Texas Policy Research recommends that lawmakers vote YES on HJR 161.

• Individual Liberty: While some might raise concerns about exclusion, the resolution does not remove rights from any existing class of lawful voters. It reinforces a widely accepted constitutional norm and avoids overreach by not infringing on the liberties of citizens or legal residents in non-voting contexts. Importantly, it avoids criminalization or punitive enforcement, preserving liberty while defining a key political boundary.
• Personal Responsibility: HJR 161 affirms the expectation that voting—a core civic duty—should be exercised by those who have undertaken the responsibility of formal citizenship. By reserving the vote for individuals who have a recognized legal and civic relationship with the state and nation, the amendment emphasizes the importance of full civic participation through lawful means. This encourages personal responsibility by tying democratic participation to the obligations of citizenship.
• Free Enterprise: HJR 161 has no bearing on Texas’s economic regulatory environment, business climate, or the rights of individuals or corporations to engage in voluntary economic exchange. The resolution strictly addresses voter eligibility and makes no reference to commerce, markets, labor, or regulation. As such, it neither advances nor restricts free enterprise.
• Private Property Rights: This resolution does not involve land use, property ownership, eminent domain, or regulatory takings. It introduces no new authority over personal or real property and does not change existing protections for property holders. Because it pertains solely to the qualifications for voting in Texas elections, it has no implications for private property rights.
• Limited Government: The resolution strengthens the clarity and durability of Texas’s constitutional framework without expanding government power. By codifying an existing legal norm—that only U.S. citizens may vote—into the state constitution, it closes a potential loophole without creating new programs, bureaucracies, or regulatory burdens. This aligns with the principle of limited government by reinforcing a boundary on the franchise without granting the state additional administrative or enforcement authority.

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