LG

Chapter 12

Talking about Taxing and Spending

State - taxes on real estate

Nation - sales

  • History of the Texas Constitution

    • Constitution had specific clauses for the growth of business

      • Banks, Railways, Oil Companies

    • Texas today is dramatically different from what the framers of the Constitution intended

      • Business-friendly Texas

        • Dangers of Monopolies

          • anti-trust laws- laws designed to prevent the existence of monopolies in the economic sphere

    • Focus on policymaking and taxes

  • The Policy-making Process

    • Policy is determined through a variety of state government actors

      • Lots of players involved with policymaking in Texas

        • Texas legislature - writing the laws

          • Always learning

          • arg against term limits - takes time to learn how to be a good legislature

        • Texas Governor - executive orders/action

        • Bureaucracy - interpreting laws

          • enforce solutions proposed

        • Local policy comes from the city or county governments

      “Lot’s of trial and error. Thats a big part of their learning”

      Jack Byham

      • Policy: the plan of action adopted by the government

        • Agenda setting: the stage in which various actors prioritize the problems facing the state

        • Policy Formation: the stage in which possible solutions are developed and debated

        • Policy Adoption: the state in which formal government action takes place

        • Policy Implementation: The state in which the policy is carried out in the state agencies

        • Policy Evaluation: the stage in which implementation of a policy is examined to see if policy goals are being met

    • There are three different types of policy:

      • Redistribute Policy: Moves benefits from one group to another in an attempt to make society more equal

        • take from the rich and give to the poor

        • A population you can take from to give that to some other group

      • Distributive Policy: Moves benefits to meet the needs of citizens but does so without targeting any one group as the source of money

        • No clear one or two groups the resources are being drawn from

          • everyone contributes and the money goes where it needs

      • Regulatory Policy: Attempts to limit the actions of individuals or corporations to ensure a fair marketplace or protect the public from negative consequences of business activity

        • making the rich pay their fair share

Three Political cultures

  • traditionalistic - status quo

  • moralistic - govt and its power and monopolies are the preferred engines of social change geared by our ideas of what is good

  • individualistic - govt is in the way

  • Sources of State Revenue: Texas

    • Different Taxes that Texans Pay

      • Fiscal Policy: How the government influences the economy through taxing and spending

        • Fiscal policy shapes the overall health of the economy

        • Policies to encourage specific businesses and activities and discourage others

      • Subsidies: Incentives designed to encourage the production or purchase of certain goods to stimulate or support some business.

    • Taxes in Texas History

      • State Constitution allowed for offsets to property tax

        • Household furniture or other property

    • World War 1

      • Three-fifths of Texas revenue was property tax

        • 1893 - taxing corporation

        • 1905 - taxing oil production

        • 1907 - taxing inheritance

        • 1917 - taxing motor vehicles

        • 1923 - taxing gasoline

        • Texas moved away from taxing property

    • State Taxes Today

      • Income tax: A tax calculated as a percentage of income earned in a year

      • General Sales tax: An across-the-board tax imposed on goods and services sold.

        • 1961 - First general tax implemented

          • Two percent tax on goods and services

          • Went up to 6.25 percent and expanded what goods and services are.

        • Food products for human consumption are exempt from sales tax

          • Except soda, candy, or prepared meals

        • 1967- Local Sales and Use Tax Act

          • Allows cities to add local tax of 1 percent on all sales

          • Largest source of tax revenue

        • 2020 - Max rate is 8.25 percent

          • Cities are allows a minimum of 2 percent

          • COunties are allowed a maximum of 1.5 percent

          • Transit authorities: 1 percent

          • Special purpose districts 2 percent

        • 2019 - State sales tax provides $34 billion or 55 percent of Texas taxes

          • Online retailers needs to collect sales tax

    • General Sales Tax

      • Texas uses tax to guide behavior

        • No tax on food, but tax at a restaurant

        • No tax on fixing a car, but tax on fixing an appliance

        • No tax on car wash, tax on dry cleaning

    • Gasoline and Severence Taxes

      • Gas tax is based on a percent of the cost of product

      • Fixed rate twenty cents a gallon

      • One of the lowest in the nation

      • Gas tax hasn’t been raised since 1991

      • 1901 - oil found at Spindletop

      • Severence Tax: a tax on natural resources charged when the resources are “served” from the earth

      • 4.6 percent tax on market value from oil

      • 1950 - oil tax was one third of Texas revenue

      • 2020 - less than 6 percent of Texas tax revenue

      • Natural gas - taxed at 7.5 percent of market value

      • Liquefied gas — fifteen cents per gallon

    • Franchise Tax

      • Franchise Tax: The primary tax on business in Texas, which is based on the taxable margin of each company

      • Tax on Businesses

        • Tax on approximate profit

      • In 2015 Texas legislature reduced franchise by 25 percent

    • Sing Tax

      • Sin Tax: A tax on products or activities such as cigarettes or gambling that some legislators would like to discourage

      • Excise tax: A tax paid at the time of purchase, with the cost of the tax included in the price of the product.

      • First sin tax in 1879

        • Two-cent tax on drink and half-cent tax per beer

      • Texas - separate taxes on liquor, beer, wine, malt liquor, and mixed drinks

      • Tobacco tax

        • Passe dMay 2005

        • Help pays for schools

      • Live Nude Entertainment

        • $5 fee for anyone entering for live nude entertainment and consumption of alcohol

        • AKA: POLE TAX

        • Bikini Bars: Sued and won stating that being ina bikini or painted on latex in not nude

      • No tax on vaping

    • Property taxes

      • The single largest source of tax revenue

      • Texas Constitution prohibits the state government form collecting property tax

      • Property Taxes: A tax on the value of real estate that is paid by the property owner: used by county and local governments to fund such programs as public schools

      • FIfty-four percent of property taxes fund independent school districts

      • Cuts in education funding is offset by high property tax

      • Property tax reflects economic growth

        • Raising property taxes reflect a strong economy

        • Economic growth leads to population growth

      • Texas has some fo the fastes-growing large cities

      • Different levels of government enact distinct taxes and pay for different services, creating a complicated mixed-funding system

        • Example: effects of oil and gas boom

      • Ad volorem tax: Tax based on property value, which is subject to periodic appraisals

      • Appraisal: The official estimate of a property’s value

        • Stealth tax increase - Raise the value of homes, even if the homes aren’t for sale

          • the state constitution prohibits the state from collecting property taxes

      • Capped annual increase at 10 percent

      • Homestead exemption of 40,000 for school taxes

      • Seniors and disabled get addition 10,000 exemption

      • Property tax increase put pressure on legislature to reform tax system

        • 2006 - Legislature reduced school property taxes by one third

        • Plan traded lower school property taxes for higher taxes on business, sin tax, and used car purchasers

  • Winners and Losers Under the Texas Tax System

    • Progressive Tax: a graduated tax, such as income, which taxes people with higher incomes at higher rates

    • Regressive tax: a tax that takes a higher proportion of income from people with lower incomes than from people with higher incomes

      • Texas is based on regressive tax

      • Poor and working-class Texans, who contribute a greater share of their income, are the loses of a regressive tax system

    • Local taxes = Local control

    • Property tax will always go up

      • It has been debated to replace all other taxes with just a simple income tax

  • Sources of State Revenue: Other Resources

    • Federal grants

      • 2019 - texas got 103 billion in federal grants

        • Dwarfed all other sources of revenue

      • Federal funds come with trings attached

    • Interest, Licensing, and Lottery Funds

      • Alternative sources of funding

      • Permanent school fund (PSF): a fund set aside to finance education in Texas; the state’s largest source of investment income

      • Lottery tickets fund schools

  • Spending and Budgeting

    • The Texas budget determines how and where Texas will spend that money

      • Budgeting is a clear statement of texas priorities

    • The Legislative Budget Board (LBB):

      • FOudned in 1949

      • Coordinates the budgets process in Texas

      • Co-chaired by the Speaker of the house and Lieutenant governor

      • Has a lot of political clout

      • Budget process

        • LBB sends out Legislative Appropriations Request (LAR) for agencies to submit their budget

        • LAR is a performance measure to agge the effectiveness of the agency

      • LBB and GOBPP asses the LAR

      • LBB presents to the legislature

      • Legislature reviews, adjusts, and passes the budgets

      • Comptroller certifies the state will have the money to meet the budget

      • Governmor signs the budget

        • Line-item veto power

    • State Budgeting

      • Fiscal conservatism and distrust of govt

        • only pay what you have

      • State constitution limits the state’s ability to spend money

      • The state constitution requires a balanced budget

      • “Pay-as-you-go” system: Fiscal discipline, adopted by Texas and many other states, which requires a balanced budget and permits borrowing only under very few circumstances

        • Pay as you go - can be suspended with a four-fifths vote of the Texas House and Senate

      • The Constitution was amended in 1972 to rein in spending and avoid outpacing the state’s economy

      • Constitution limits additional debt based on ration, and mandates no more than 1 percent of the budget spent on “needy dependent children”

      • The comptroller of public accounts is responsible for the two-year estimate based on the budget.

      • State can sell bonds to supplement the budget

      • Revenue from bonds must not exceed 5 percent of the state’s general revenue

    • State Spending

      • Forty percent of spending is health and human services

        • Medicaid, mental health, CHIP, Temporary assistance for needy families (TANF), unemployment and workers’ compensation

      • Twenty-eight percent of education spending

      • Eight percent on transportation

      • Eight percent on employee benefits and retirement

      • Seven percent of general government spending

      • Five percent to debt service

    • The Rainy Day Fund

      • Economic Stabilization Fund (ESF)

        • 1988 constitutional amendment to offset the oil and gas market unreliability

        • ESF receives funds form oil production tax collection and natural gas tax collections

        • One-half of any unused general revenue funds at the end of each biennial budget

      • Using the fund is difficult

        • Comptroller has to certify that there is a budget deficit.

        • Legislature requires a three-fiths vote of each house

        • Legislature can have a two-thirds vote of members present to use the ESF for general purpose.

      • The ESP is now political

        • Budget cuts required the ESF to pay for education

        • Economic downturn in 2011

          • Some advocated in ESF for everyday use

          • Some said the downturn was not a rainy day

        • 2013: Voters approved ESF for water projects

          • After third session - ESF was used for State Highway fund

            • Now ESF and State High Fund split the oil and gas revenue

        • The fund is the second largest of any state

  • Fiscal Policy Tools

    • Tax Expenditures

      • Tax Expenditures: Any reduction in tax liabilities that result from tax benefits to particular taxpayers rather than taxpayers in general.

      • Expenditures do not show up on a budget

      • Sales tax exemptions are the largest expenditure

      • The tax-free holiday celebrated annually

        • Keeps certain products exempt from sales tax

      • Purchase of energy-efficient appliances

      • Certain professions are eligible for tax expenditures

        • Farming

    • Subsidies

      • Texas Enterprise Fund (TEF)

        • Using subsidies to bring business to Texas

        • Requires that local governments to include economic incentives as well for business

          • Usually includes basic economic development deals for tax exemptions or grants

      • The TEF is usually dwarfed by local subsidies

    • Three different funds to attract business

      • events trust fund

      • Major events Reimburstment Program

      • Motor Sports Racing Trust Fund

      • Contributions

        • $1 from local government to $6.25 from state government

      • Funds only available for events that have competitive bids and involve community competing with cities outside Texas to host the event

    • University Research Initiative

      • Created to attract major researchers to Texas

  • Winners and Losers Under Texas’s Fiscal Policy

    • Texas prefers a system of free enterprise

      • Free market should pick economic winners

    • Texas Moving Image Industry Incentive Program

      • Provides incentives for films, televisions commercials, and video games produced in the state

      • Idea is to create jobs and build the economy

    • Texas used TEF to help Apple come to texas

    • Disadvantage:

      • Favoring business over consumers can create a need for government oversight

      • The political implications focus on favoring certain companies over others