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Texas Proposition 8 (2025): H.J.R. 2

Texas constitutional amendment · voted on 2025-11-04 · Result: Passed

texasconstitutional-amendment

What does this mean?

Official ballot language

The constitutional amendment to prohibit the legislature from imposing death taxes applicable to a decedent's property or the transfer of an estate, inheritance, legacy, succession, or gift.

Plain summary

H.J.R. 2 proposes an amendment to the Texas Constitution prohibiting the legislature from taxing the estate of an individual who has died. The proposed amendment also prohibits the legislature from taxing the transfer of an estate, inheritance, legacy, succession, or gift from one individual, family, estate, or trust to another, unless the transfer was subject to the tax on January 1, 2025. Finally, the proposed amendment prohibits the legislature from increasing the rate or expanding the applicability of any tax on the transfer of an estate, inheritance, legacy, succession, or gift that was in effect on January 1, 2025.

Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 53, quoted unchanged (nonpartisan). Read the source.

What a vote does

A “For” vote

Adds this amendment to the Texas Constitution: the constitutional amendment to prohibit the legislature from imposing death taxes applicable to a decedent's property or the transfer of an estate, inheritance, legacy, succession, or gift.

A “Against” vote

The Texas Constitution is not changed by this proposition; current provisions stay as they are.

Ballot language as certified (Texas Legislative Council analysis). A constitutional amendment takes effect only if a majority of voters approve it.

What does this mean? (plain words)

Official text

The constitutional amendment to prohibit the legislature from imposing death taxes applicable to a decedent's property or the transfer of an estate, inheritance, legacy, succession, or gift.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 53

AI explanation – may be wrong, check the official text

What This Measure Would Do

This measure would change the Texas Constitution to prevent the state legislature from imposing taxes on property that belongs to someone who has died. It would also stop the legislature from taxing the transfer of an estate, inheritance, legacy, succession, or gift from one person or group to another, unless a tax was already in place on January 1, 2025.

What a 'For' Vote Means and What a 'Against' Vote Means

If you vote "For" this measure, it would add the proposed change to the Texas Constitution. This means that the state legislature would not be able to impose taxes on property that belongs to someone who has died or on the transfer of an estate, inheritance, legacy, succession, or gift.

If you vote "Against" this measure, nothing in the Texas Constitution would change. The current laws and provisions would remain as they are.

Words That May Be Confusing

The term "death taxes" refers to taxes imposed on property that belongs to someone who has died. It's unclear what specific changes this measure would make to existing tax laws.

Written by a computer model (llama3.1:8b, run on our own server) on Tue Nov 3 from the official text and nonpartisan summary only. It is not a source and takes no side. If it differs from the official text, the official text is right.

The strongest published arguments

Arguments for (supporters)

Constitutionally prohibiting the imposition of a death tax would help guarantee that heirs and beneficiaries could continue to retain property and assets after the passing of a loved one.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 53

Death taxes can be burdensome and can lead to inefficient estate planning and tax avoidance strategies.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 53

The money that a person leaves behind after their death has already been taxed, and the government should be limited in the number of times it can tax the same assets.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 53

Arguments against (opponents)

Amending the state constitution to prohibit a death tax that does not currently exist could hinder future legislatures from acting in the best interest of the state and lead to unintended consequences.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 53

Constitutional amendments should be reserved for the most critical matters affecting the state.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 53

This measure is unnecessary because there is currently no proposal in the legislature to institute a death tax.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 53

Summary of comments made in committee, floor debate, or the House Research Organization analysis, as published by the Texas Legislative Council. Shown in the order published, not ranked by us.

Alternatives

Needs sources: no published alternatives yet (for example a different bill, a law instead of an amendment, or keeping current law). We only show items backed by a published source. Suggest one.

Result

For2,140,379
Against823,406
Percent for72.22%

Source: Texas Secretary of State results as reported by Texas Policy Research (confirm at the SOS results site) · official canvass: Texas SOS results

Officials and money

Authors: Geren, McQueeney, Meyer, Metcalf · Coauthors: Bonnen, Bumgarner, Button, Davis, Aicha, Gerdes, Lambert, Morgan, Muñoz, Pierson, Plesa, Slawson, Spiller, Toth, Troxclair · Sponsors in the other chamber: Perry

Texas legislators are not yet linked to official pages. Bill history and votes on Texas Legislature Online.

Money: Legislative Budget Board fiscal note No linked contracts or vendors yet.

Words on this page, explained (5)
Constitutional amendment
A change to a constitution. In Texas the Legislature proposes an amendment with a joint resolution passed by two-thirds of the members of each chamber. It takes effect only if a majority of the people voting on it approve it. In Florida, an amendment needs at least 60% of the votes cast on it to pass.
Inheritance tax
A tax on property a person receives from someone who has died, paid by the person who inherits it. Compare estate tax.
Joint resolution
In Texas, the type of measure the Legislature uses to propose a constitutional amendment (marked HJR or SJR). The governor does not sign or veto it; the voters decide. In Congress a joint resolution can also be used like a bill. In Florida, a joint resolution passed by three-fifths of the members of each chamber puts a constitutional amendment on the ballot.
Legislature
The elected body that makes laws. In Texas it has a House of Representatives (150 members) and a Senate (31 members). In Florida it has a House of Representatives (120 members) and a Senate (40 members).
Proposition
The name for a measure on a Texas ballot, numbered Proposition 1, 2, and so on. A "For" vote supports the measure; an "Against" vote opposes it.

Plain meanings written from linked sources. All words.

Sources

Record st-tx-2025-prop-08 · catalog st-tx-sos-ballot-measures-2025 · updated 2026-11-02 by builder v002