89th Legislature

HJR 6

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HJR 6 proposes an amendment to the Texas Constitution that would explicitly prohibit the state from imposing any form of tax on the realized or unrealized capital gains of individuals, families, estates, or trusts. This includes taxation resulting from the sale or transfer of capital assets. The resolution is a preemptive measure to constitutionally enshrine a prohibition against capital gains taxation, an area currently not utilized by the state but which some fear could be considered in future fiscal strategies.

Under the proposed Section 24-b of Article VIII of the Texas Constitution, the Legislature would be barred from adopting laws that tax capital gains, regardless of whether those gains have been realized (i.e., through an actual sale) or remain unrealized (i.e., paper gains that exist only on account balances). Importantly, the resolution clarifies that the prohibition does not apply to other forms of taxation such as ad valorem (property) taxes, sales taxes on goods or services, or use taxes on the consumption of goods or services purchased at retail. This ensures that the resolution does not interfere with the state's existing revenue mechanisms.

If adopted by the Legislature, the resolution would place the proposed amendment on the ballot for voter consideration in the general election on November 4, 2025. Passage of this amendment would make Texas one of the few states to explicitly ban capital gains taxation in its constitution, effectively closing the door on such a tax as a future revenue option.
Author
Giovanni Capriglione
William Metcalf
Cody Harris
Fiscal Notes

According to the Legislative Budget Board (LBB), HJR 6 would result in a net cost to the state of $191,689 for the 2026 fiscal year due to expenses related to publishing the proposed constitutional amendment on the November 2025 ballot. This is a one-time administrative cost and would not recur in subsequent years.

In addition to publication costs, the measure would lead to an estimated revenue loss of $304,000 to the Property Tax Relief Fund over the 2026–2027 biennium. This loss originates from an anticipated decrease in franchise tax collections—primarily from business trusts that would no longer be taxed on capital gains revenue. Under current policy, capital gains contribute a modest portion to the tax base for certain entities. While this impact is relatively limited, the amendment would eliminate any future opportunity to use capital gains as a taxable base for these entities.

Importantly, because the Property Tax Relief Fund supports the Foundation School Program, the revenue shortfall must be offset by an equal transfer from the state’s General Revenue Fund. As such, this measure effectively shifts a portion of the school funding burden onto the General Revenue, thereby reducing fiscal flexibility for other state priorities.

No significant fiscal impact is projected for local governments, as they do not currently tax capital gains and the proposed amendment does not alter their taxing authority.

Overall, while the short-term fiscal implications of H.J.R. 6 are relatively modest, the resolution would constitutionally constrain future revenue options for the Legislature.

Vote Recommendation Notes

HJR 6 represents a proactive constitutional safeguard that aligns with Texas' longstanding fiscal philosophy of limited taxation and pro-growth policy. Although the state currently does not tax individual income, including capital gains, this measure would enshrine a specific prohibition against both realized and unrealized capital gains taxes. This would prevent future legislatures from imposing such taxes without a subsequent constitutional amendment, providing long-term predictability for investors, businesses, and taxpayers.

The bill analysis underscores the strategic economic rationale behind this resolution. Capital gains taxes can distort investment decisions, reduce aggregate savings, and hinder economic development. By constitutionally banning such taxes, Texas strengthens its appeal as a competitive, low-tax state, preserving its favorable business climate. This aligns with the values of individual liberty, free enterprise, and limited government.

From a fiscal standpoint, the short-term impact is minimal—a one-time publication cost of approximately $191,689 and an estimated biennial revenue loss of $304,000 to the Property Tax Relief Fund, which must be backfilled from general revenue. These are modest trade-offs when weighed against the broader policy objective of maintaining a tax structure that encourages growth and investment.

Given the resolution’s consistency with core liberty principles—particularly the protection of private property, promotion of personal responsibility, and prevention of future tax expansion—its adoption would serve the long-term economic and constitutional interests of the state. Therefore, Texas Policy Research recommends that lawmakers vote YES on HJR 6.

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