89th Legislature Regular Session

HJR 2

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HJR 2 proposes an amendment to the Texas Constitution that would prohibit the state legislature from imposing what are commonly known as "death taxes." Specifically, the amendment would ban any future state-level taxes on the transfer of property resulting from a person’s death, such as estate, inheritance, legacy, succession, or gift taxes. The resolution also prohibits the legislature from increasing the rate or expanding the applicability of any such tax that might be in effect as of January 1, 2025.

Importantly, the proposed amendment does allow for exceptions. It does not apply to taxes authorized under Section 29(b) of Article VIII (which deals with income taxes requiring voter approval), taxes on motor vehicle transfers by gift, or local ad valorem property taxes. These carveouts ensure that existing tax structures unrelated to death or inheritance remain unaffected.

The resolution, if adopted by the legislature, would be placed on the statewide ballot for voter approval in the general election scheduled for November 4, 2025. This measure seeks to provide long-term assurance to Texas residents that such forms of taxation will not be introduced or increased at the state level.
Author
Charlie Geren
John McQueeney
Morgan Meyer
William Metcalf
Co-Author
Greg Bonnen
Ben Bumgarner
Angie Chen Button
Aicha Davis
Stan Gerdes
Stan Lambert
Matt Morgan
Sergio Munoz, Jr.
Katrina Pierson
Mihaela Plesa
Shelby Slawson
David Spiller
Steve Toth
Ellen Troxclair
Sponsor
Charles Perry
Co-Sponsor
Lois Kolkhorst
Fiscal Notes

HJR 2 is not expected to have any fiscal impact on the state of Texas beyond the standard cost of publishing the proposed constitutional amendment. According to the Legislative Budget Board (LBB), the publication cost for placing the measure on the November 2025 ballot is estimated at $191,689​.

The resolution prohibits the Legislature from imposing or expanding taxes on the transfer of estates, inheritances, gifts, legacies, or successions after January 1, 2025. However, since Texas currently does not impose any estate or inheritance tax, the proposed amendment would not reduce existing state revenue streams. Its impact is preventive rather than corrective or eliminative of any current tax policy.

Additionally, there is no anticipated fiscal impact on local governments, as these taxes are not currently levied at the local level in Texas. The measure also does not affect existing taxes such as the $10 motor vehicle gift tax or ad valorem property taxes, thereby preserving existing revenue mechanisms where applicable.

Vote Recommendation Notes

HJR 2 seeks to amend the Texas Constitution to prohibit the imposition of estate, inheritance, and similar taxes on the transfer of property due to death or gifting. The resolution responds to concerns that such taxes—if reintroduced—could burden families, discourage economic investment, and prompt high-net-worth individuals to relocate out of state. While Texas repealed its inheritance tax in 2015, the state constitution currently provides no safeguard against the future reintroduction or expansion of such taxes. This resolution fills that gap by enshrining a prohibition directly into the constitution.

From a liberty-based perspective, the measure aligns with all five core principles. It protects individual liberty and private property rights by preventing government interference in personal estate decisions and wealth transfers. It supports personal responsibility by preserving family financial planning and investment choices. It promotes free enterprise by helping family-owned businesses avoid burdensome tax obligations at generational transition points. Finally, it clearly limits the scope of legislative taxation authority, reinforcing the principle of limited government.

The LBB's fiscal analysis indicates no ongoing fiscal impact to the state beyond the one-time cost of publishing the amendment ($191,689), and there is no effect on local government budgets. The bill analysis also confirms that the resolution does not expand rulemaking authority or impact the criminal justice system. Altogether, HJR 2 represents a proactive constitutional safeguard that would prevent future tax policies that could undermine economic freedom and family financial stability. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HJR 2.

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