Texas Proposition 6, Prohibit Taxes on Certain Securities Transactions Amendment (2025)
Texas Proposition 6 | |
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Election date |
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Topic Business taxes |
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Status On the ballot |
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Type Legislatively referred constitutional amendment |
Origin |
Texas Proposition 6, the Prohibit Taxes on Certain Securities Transactions Amendment, is on the ballot in Texas as a legislatively referred constitutional amendment on November 4, 2025.[1][2]
A "yes" vote supports amending the state constitution to prohibit laws that impose an occupation tax on a registered securities market operator or a securities transaction tax. |
A "no" vote opposes amending the state constitution to prohibit laws that impose an occupation tax on a registered securities market operator or a securities transaction tax. |
Overview
What would the amendment prohibit?
- See also: Text of measure
The amendment would prohibit the Texas State Legislature from passing laws that impose an occupation tax on certain entities transacting securities or a tax on certain securities transactions.[2]
The amendment would define security as it is defined in federal law (Securities Exchange Act of 1934) as of January 1, 2025. Federal law defines security to include stocks, bonds, investment contracts, options, and shares in businesses or resources like oil or gas, as well as certificates or agreements that show you own part of an investment or have the right to buy or sell one.[3]
A registered securities market operator is defined in the amendment as one of the following entities registered and regulated by the United States Securities and Exchange Commission or the United States Commodity Futures Trading Commission:[2]
- a self-regulatory organization, financial institution, broker, dealer, clearing agency, or transfer agent;
- a national securities exchange;
- an alternative trading system, board of trade, commodity pool operator, derivatives clearing organization, electronic trading facility, or organized exchange; or
- a trade reporting facility.
The amendment states that it would not prohibit the imposition of a general business tax, a tax on minerals, an insurance premium tax, sales tax on tangible property or services, or a fee on the cost of document creation or processing.[2]
Do any states levy a financial transaction tax on securities?
Currently, no state levies a financial transaction tax on securities. The federal government does collect a transaction fee on securities sales. The fee is paid by the exchange or broker-dealer. It is a percentage of the dollar value of the securities sold.[4]
According to the Tax Foundation, New York had a financial transaction tax from 1905 to 1981, when the New York Stock Exchange considered leaving the state due to the tax. The tax is still in state law, but the state now offers a 100% rebate on the tax, effectively making it null.[5]
Security transaction taxes were proposed in New York and New Jersey in 2020 but were not enacted by their respective state legislatures.
What are supporters and opponents saying about the amendment?
- See also: Support and Opposition
State Rep. Morgan Meyer (R-108) said, “During the COVID-19 pandemic, New York and New Jersey proposed financial transaction taxes, prompting concerns about retirement investments and causing New York and Nasdaq to consider relocating to Texas. With many individuals relying on 401(k)s, IRAs, and pensions for retirement, concerns arose that such a tax could reduce returns and hinder savings. Though both states abandoned the proposals, the risk remains.”[6]
The House Ways and Means Committee summarized opponents’ arguments against the amendment, saying, “HJR 4 would make it harder for future legislatures to make tax policy by including a prohibition on securities transaction taxes in the state constitution. The state may experience an economic downturn and could benefit from having a securities transaction or occupation tax to raise revenues at that time.” By adding the prohibition to the state constitution, any changes to the policy would require another constitutional amendment approved by two-thirds of state legislators and voters.[7]
Text of measure
Ballot title
The ballot title is as follows:[2]
“ | The constitutional amendment prohibiting the legislature from enacting a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.[8] | ” |
Constitutional changes
- See also: Article 8, Texas Constitution
The measure would add section 30 to Article 8 of the state constitution. The following underlined text would be added:[2] Note: Hover over the text and scroll to see the full text.
Sec.30. (a) In this section:
- (1) "Registered securities market operator" means any of the following entities, to the extent the entity is subject to registration with and regulation by the United States Securities and Exchange Commission or the United States Commodity Futures Trading Commission, or the successor in function to either commission:
- (A) a self-regulatory organization, financial institution, broker, dealer, clearing agency, or transfer agent, as those terms are defined by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) in effect on January 1, 2025;
- (B) an exchange that is registered as a national securities exchange under Section 6 of the Securities Exchange Act of 1934 (15 U.S.C. Section 78f);
- (C) an alternative trading system, board of trade, commodity pool operator, derivatives clearing organization, electronic trading facility, or organized exchange, as those terms are defined by the Commodity Exchange Act (7 U.S.C. Section 1 et seq.) in effect on January 1, 2025;
- (D) an affiliate, subsidiary, or facility of an entity described by Paragraph (A), (B), or (C); or
- (E) a trade reporting facility regulated under rules promulgated by the Financial Industry Regulatory Authority and in effect on January 1, 2025.
- (2) "Securities transaction" means the purchase or sale of a security, a contract or agreement to purchase or sell a security, or a service to facilitate, match parties to, process, report, clear, or settle the purchase or sale of a security on behalf of a customer.
- (3) "Security" has the meaning assigned by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) in effect on January 1, 2025.
(b) The legislature may not enact a law that imposes:
- (1) an occupation tax on a registered securities market operator; or
- (2) a tax on a securities transaction conducted by a registered securities market operator.
(c)This section does not prohibit:
- (1) the imposition of:
- (A) a general business tax measured by business activity;
- (B) a tax on the production of minerals;
- (C) a tax on insurance premiums;
- (D) sales and use taxes on tangible personal property or services; or
- (E) a fee based on the cost of processing or creating documents; or
- (2) a change in the rate of a tax in existence on January 1, 2026.[8]
Full text
The full text is available here.
Support
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Supporters
Corporations
Organizations
Arguments
Opposition
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Opponents
Organizations
Arguments
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Campaign finance
Ballotpedia has not identified any committees registered to support or oppose the measure. If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Texas Stock Exchange
In January 2025, a group led by Texas Stock Exchange CEO James Lee and financed by institutional investors, including Charles Schwab, Fortress, BlackRock, and Citadel Securities, announced plans to file and begin operating a national stock exchange headquartered in Dallas, Texas, starting in 2026. The exchange would facilitate listings of public companies, exchange-traded products (ETPs), and American depositary receipts (ADRs).[9]
The U.S. has 13 stock market exchanges as of 2025.[10]
Federal securities transaction fee
Under Section 31 of the Securities Exchange Act of 1934, the federal government collects fees for securities transactions on the exchanges and certain over-the-counter markets. An over-the-counter market is a decentralized financial market where securities (stocks, bonds, and derivatives) are traded directly between parties, rather than on a formal exchange. The fee is paid by the exchange or broker-dealer. It is a percentage of the dollar value of the securities sold and is set at a rate to cover the commission's budget appropriated by the federal government each fiscal year. The rate for fiscal year 2024 was $27.80 per million dollars for covered sales. Covered sales include securities on national securities exchanges, such as the New York Stock Exchange or Nasdaq, and sales by or through members of a national securities association, like FINRA, that occur outside of an exchange. On April 8, 2025, the SEC announced that the rate would decrease to $0.00 per million beginning on May 14, 2025, because the revenue from the fee was expected to generate the appropriated amount for fiscal year 2025 by that date.[4][11]
Proposed financial transaction taxes in New York and New Jersey, 2020
New York proposals
New York had a financial transaction tax from 1905 to 1981, when the New York Stock Exchange considered leaving the state due to the tax. The tax is still in state law, but the state now offers a 100% rebate on the tax, effectively making it null. A bill by State Rep. Phil Steck (D-110) proposed during the 2019-2020 legislative session would have repealed the rebate and taxed the sale of a stock between $0.0125 and $0.05, depending on the value of the stock being sold. The revenue would have been dedicated to the state's general fund for three fiscal years and then to state infrastructure thereafter.[5]
Rep. Steck pointed to international exchanges that have similar taxes, saying, "Every single significant exchange in the world has a financial transaction tax save one, which is Germany, and they've proposed it there. Is the London Stock Exchange out of business? Have they moved to Dublin?" Freeman Klopott, a spokesman for former Gov. Andrew Cuomo's (D) budget office, voiced concerns about institutions moving away from New York if the tax were enacted, saying, "In the digital age it would be even easier for transactions to simply be moved out of state to avoid the tax."[12]
New Jersey Assembly Bill 4402
During the 2020-2021 legislative session, the New Jersey State Legislature proposed Assembly Bill 4402, which proposed imposing a tax on high-quantity processors of financial transactions at $0.0025 per transaction. The bill was referred to the Assembly Financial Institutions and Insurance Committee, but it did not receive a vote by either chamber.[13]
Texas constitutional amendments to prohibit taxes
Since 1993, Texas voters have decided on three amendments to prohibit future taxes by adding the prohibitions to the state constitution. All three were approved. In 2025, voters will decide on three amendments to prohibit future taxes.
Year | Type | Title | Description | Result | Yes Votes | No Votes |
---|---|---|---|---|---|---|
2025 | Proposition 2 | Prohibit a tax on the realized or unrealized capital gains of an individual, family, estate, or trust |
|
0 (0%) |
0 (0%) |
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2025 | Proposition 6 | Prohibit the enactment of laws that impose taxes on entities that enter into transactions conveying securities or on certain securities transactions |
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0 (0%) |
0 (0%) |
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2025 | Proposition 8 | Prohibit the state legislature from enacting laws imposing taxes on a decedent's property or the transfer of an estate |
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0 (0%) |
0 (0%) |
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2023 | Proposition 3 | Prohibit a wealth or net worth tax |
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1,712,458 (68%) |
809,815 (32%) |
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2019 | Proposition 4 | Prohibit the state from levying an income tax on individuals to the Texas Constitution |
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1,477,373 (74%) |
509,547 (26%) |
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1993 | Proposition 4 | Prohibit personal income tax without voter approval, directing revenue to education and limiting local school tax rates. |
|
775,822 (69%) |
343,638 (31%) |
Path to the ballot
Amending the Texas Constitution
- See also: Amending the Texas Constitution
A two-thirds (66.67%) vote is required during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
House Joint Resolution 4 (2025)
The following is the timeline of the constitutional amendment in the state legislature:[1]
- February 27, 2025: House Joint Resolution 4 (HJR 4) was filed. HJR 4 was sponsored by State Sen. Tan Parker (R-12).
- March 17, 2025: HJR 4 was reported favorably without amendments by the House Ways and Means Committee.
- April 1, 2025: The state House passed HJR 4 by a vote of 111-31, with eight absent or not voting.
- April 16, 2025: HJR 4 was reported favorable without amendments by the Senate Finance Committee.
- April 29, 2025: The state Senate passed HJR 4 by a vote of 28-3.
Learn more about the ballot measures PDI →
Votes Required to Pass: 100 | |||
Yes | No | NV | |
---|---|---|---|
Total | 111 | 31 | 8 |
Total % | 74.0% | 20.6% | 5.4% |
Democratic (D) | 28 | 27 | 7 |
Republican (R) | 83 | 4 | 1 |
Votes Required to Pass: 21 | |||
Yes | No | NV | |
---|---|---|---|
Total | 28 | 3 | 0 |
Total % | 90.3% | 9.7% | 0.0% |
Democratic (D) | 8 | 3 | 0 |
Republican (R) | 20 | 0 | 0 |
How to cast a vote
- See also: Voting in Texas
See below to learn more about current voter registration rules, identification requirements, and poll times in Texas.
See also
View other measures certified for the 2025 ballot across the U.S. and in Texas.
Explore Texas's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 Texas State Legislature, "HJR 4," accessed April 2, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Texas State Legislature, "HJR 4 text," accessed April 2, 2025
- ↑ U.S. Government Publishing Office, "5 U.S.C. 77b - Definitions; promotion of efficiency, competition, and capital formation," accessed May 5, 2024
- ↑ 4.0 4.1 SEC, "Section 31 Transaction Fee Rate Advisory for Fiscal Year 2025," April 8, 2025
- ↑ 5.0 5.1 Tax Foundation, "New York and New Jersey Consider Financial Transaction Taxes," July 23, 2020
- ↑ Texas State Legislature, "HJR 4 Analysis," accessed May 9, 2025
- ↑ Texas State Legislature, "89(R) HJR 4 by Meyer | et al. bill analysis - 2nd Reading," accessed May 9, 2025
- ↑ 8.0 8.1 8.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ WSJ, "New Texas Stock Exchange Takes Aim at New York’s Dominance," June 4, 2024
- ↑ Fi Money, "List of the Major US Stock Exchanges," April 28, 2025
- ↑ SEC, "Section 31 Fees: Basic Information for Firms," accessed May 8, 2025
- ↑ Pension and Investments, "New York state looks to tax stock trades with revenue in free fall," July 20, 2020
- ↑ New Jersey State Legislature, "Assembly Bill 4402," accessed May 8, 2025
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
- ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
- ↑ 17.0 17.1 17.2 NCSL, "State Profiles: Elections," accessed July 28, 2024
- ↑ Texas Secretary of State, "Request for Voter Registration Applications," accessed July 28, 2024
- ↑ Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 25.0 25.1 25.2 25.3 25.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed February 27, 2023 Cite error: Invalid
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