Texas 2025 - 89th Regular

Texas Senate Bill SJR 50

Filed
2/3/25  
Out of House Committee
 
Voted on by House
 
Sent toSOS
 
Proposed Const. Amend.
 

Caption

Proposing a constitutional amendment prohibiting the enactment of a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.

Summary

SJR 50 proposes a constitutional amendment that would bar the Texas Legislature from enacting an occupation tax on certain securities market operators or a tax on securities transactions conducted by those operators. The amendment defines covered entities broadly to include registered exchanges, brokers, dealers, clearing agencies, transfer agents, alternative trading systems, commodity trading entities, and related affiliates or facilities that are regulated by the SEC, CFTC, or FINRA. It also defines securities transactions to include not only purchases and sales of securities, but also services that facilitate, match, process, report, clear, or settle those transactions. The resolution includes several express carve-outs. It would not prevent general business taxes measured by business activity, taxes on mineral production, insurance premium taxes, sales and use taxes on tangible personal property or services, or fees based on the cost of processing or creating documents. It also preserves the legislature’s ability to change the rate of a tax already in existence on January 1, 2026. If approved by voters, the amendment would be submitted at the November 4, 2025 election and would become part of the Texas Constitution, limiting future state tax policy in this area.

Impact

If adopted, SJR 50 would amend Article VIII of the Texas Constitution to restrict the Legislature’s taxing authority over securities market operators and securities transactions. That would prevent the creation of new occupation taxes or transaction taxes targeted at the covered financial entities and activities, while leaving other generally applicable taxes and specified fees intact. The measure would affect state tax law and could constrain future revenue options involving financial markets, brokerage services, trading platforms, and related clearing and settlement functions.

Sentiment

The available legislative history shows strong support in committee, with the Senate Business & Commerce Committee reporting the resolution favorably by a 10-0 vote. No opposing votes or recorded committee debate are provided in the materials, suggesting the measure moved forward with little visible resistance at that stage. Overall, the bill appears to have been received positively by the committee.

Contention

The main policy issue is whether Texas should constitutionally prohibit targeted taxes on securities trading and related market operators. Supporters would likely view the amendment as protecting financial-market competitiveness and preventing new industry-specific taxes, while potential critics may be concerned that it limits future legislative flexibility and narrows possible tax bases. The bill’s broad definitions of covered entities and transactions, along with the constitutional nature of the change, are the most likely points of contention, though no specific objections are recorded in the provided materials.

Companion Bills

TX HJR 4

Identical Proposing a constitutional amendment prohibiting the enactment of a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.

Previously Filed As

TX HJR4

Proposing a constitutional amendment prohibiting the enactment of a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.

TX SB1058

Relating to the exclusion of certain securities transaction payments from the total revenue of a taxable entity that is a registered securities market operator.

TX HB3684

Relating to the exclusion of certain securities transaction payments from the total revenue of a taxable entity that is a registered securities market operator.

TX SB220

To Amend The Arkansas Securities Act; And To Clarify Exempt Transactions Under The Arkansas Securities Act.

TX HB297

Cash transactions; report certain cash transactions to Alabama Securities Commission required

TX SB313

Prohibiting members of the legislature from engaging in transactions involving stocks and other securities during legislative sessions.

TX HB585

Money transmissions, transaction fee imposed for certain outgoing international wire transfers, income tax credit established to offset transaction fees imposed on taxpayer, reporting of certain suspicious cash transactions required, Securities Commission to enforce

TX HJR138

Proposing a constitutional amendment prohibiting the imposition of a carbon tax.

TX SJR19

Proposing a constitutional amendment prohibiting the legislature from imposing certain taxes on the transfer of an estate, inheritance, legacy, succession, or gift.

TX SJR71

Proposing a constitutional amendment prohibiting the imposition of a carbon tax.

Similar Bills

No similar bills found.