Photo by {Ricardo B. Brazziell/American-Statesman}
Caveat emptor” is defined as the principle that the buyer alone is responsible for checking the quality of whatever it is they're purchasing before completing the transaction.
In the case of Proposition 4, watch out when you're being sold something that you already own — especially because what you already own is better than what's being sold.
Texans are being asked to vote on a constitutional amendment to prohibit a state income tax. Proposition 4 — one of 10 amendments on the Nov. 5 ballot — specifically states: “The constitutional amendment prohibiting the imposition of an individual income tax, including a tax on an individual’s share of partnership and unincorporated association income.”
Funny thing, though, is that the Texas Constitution already prohibits an income tax. There is one exception to that prohibition, and it states that only you, the voters, can decide to adopt an income tax.
Often referred to as the “Bullock Amendment,” this exception was approved in 1993, and neither voters nor legislators have had an inkling of interest to collect an income tax in the decades since. But if, indeed, you made such a decision, the Constitution currently requires that two-thirds of the revenue must go to property tax reduction, and the other one-third must go to public schools.
But wait, isn't that — school finance and property tax reform — what the Legislature just tackled in the most recent legislative session just five months ago? That's exactly right. The Texas Legislature offered policy changes with an $11.5 billion price tag and proudly put its money where its mouth was. If an income tax dedicated to property tax reduction and school finance never came up for discussion then, it doesn't appear there should be much concern about needing to change the safeguards already in place. In other words, “If it ain’t broke...”
So why has this constitutional amendment come up at all? There's no good answer for finding a solution in search of a problem, but asking constituents to (once again) vote to prohibit an income tax probably sounds good on campaign fliers and social media. And though we could brush that off as politics as usual, the real problem is that the proposed amendment makes things worse by taking away the voters' right to make this decision, and repealing the language that dedicates any income tax revenue to reducing property taxes and paying for schools. The current language, if a vote were to occur, could ultimately reduce the overall taxes that you're paying.
Whether you support an income tax or not, the Constitution already prohibits such a tax without your approval. Why would you allow the Legislature to take that privilege away?
There is no plausible reason to support Proposition 4. At the very least, it is redundant. But at worst, it takes away your say and removes any language that requires a property tax reduction.
On Nov. 5, buyer beware and vote no on Prop 4.
Howard, D-Austin, represents District 48 in the Texas House.