Rick Perry, Texas, and Taxes
Texas Governor Rick Perry, the latest entrant in the GOP presidential sweepstakes, swaggers into the race as the very personification of a low-tax, small-government, Lone Star politician. But his record on taxes over more than two decades as a legislator and governor turns out to be much more complicated (dare I say nuanced) than that. It suggests, in fact, a politician who has gradually toughened his anti-tax views over the years but remains willing to boost some levies.
Back in 1987, when Perry was a young legislator (and a Democrat) he voted for a $5.7 billion tax hike proposed by GOP governor Bill Clements. Even after Perry succeeded George W. Bush as governor in late 2000, he was not averse to raising some taxes, often while cutting others. In 2001, for example, he signed bills that raised the sales tax on fireworks and even signed an air pollution tax on the purchase or rental of diesel equipment.
In 2002, according to a nice summary of his tax record by Karen Setze of State Tax Notes (subscription only), while Perry’s Democratic opponent pledged to never raise taxes, Perry refused to make such a promise.
Perry’s biggest revenue challenge came in 2004-2006. Texas had been funding its schools through local property taxes, an arrangement courts found problematic. In 2004, Perry proposed replacing some school property levies with a basket of other taxes, including sales taxes, a higher cigarette tax, and an increased payroll tax.
Perry’s plan died in the legislature in 2004 but in 2006, after the state Supreme Court determined the school funding system was unconstitutional, lawmakers did pass a major tax reform bill—a measure praised and signed by Perry. This version reduced local property taxes but created a new gross receipts tax on business (called a margins tax), raised the cigarette tax, and even taxed patrons of topless bars. Thanks to my Tax Policy Center colleague Yuri Shadunsky for helping review the Perry years.
Conservatives blasted the 2006 deal as “the largest tax increase in state history.” While it remains unclear whether this new mix of taxes was a net revenue increase, many in Texas did pay higher taxes.
In recent years, Perry has taken a much harder line on revenues but not an absolute one. While in 2009 he signed Grover Norquist’s anti-tax pledge (to “oppose and veto any and all efforts to increase taxes”), he also increased taxes on smokeless tobacco by $105 million over two years. In June, Perry vetoed a bill that would have required some Internet retailers to collect Texas sales taxes.
While state taxes are generally regressive, Texas is among the worst– not surprising since it has no personal income tax. In 2009, the labor-funded Institute on Taxation and Economic Policy estimated that the lowest-earning 20 percent of Texas households paid about 12.2 percent of their income in state and local taxes, while the top 1 percent paid only 3.3 percent, compared to the national average of 10.9 percent and 5.2 percent .
There are a couple of things to keep in mind when reviewing Texas taxes. The first is that the state has an extremely weak governor, one of the least powerful in the nation. Thus, many of these tax changes can properly be laid at the feet of the legislature, although Perry did sign them into law.
It is also worth noting that Texas has enjoyed the benefits of the run-up in oil prices in recent years (the price of a barrel of oil was just $25 when Perry first became governor). High energy prices may be bad for most state economies, but not for Texas, where the oil and gas business produced $13 billion in state revenues last year, more than 40 percent of total revenues. Texas also receives an outsized amount of money from the federal government and has embarked on major spending cuts. In this environment, Perry has been under much less pressure to raise taxes than other governors.
Bottom line: While Perry is no fan of taxes, neither has he been an absolute opponent of all tax increases all the time.
TWO CORRECTIONS
While Perry did veto the online sales tax bill in June, he did sign a revised version in late July. This measure requires online sellers such as Amazon to collect state sales taxes, but only if they own more than 50 percent of an in-state physical facility. With that caveat, it is unlikely that Texas will collect any new sales tax revenue, but thanks to reader David Siegel for the update.
Also, I identified the Institute on Taxes and Economic Policy as “labor-funded.” The folks there point out that while ITEP’s sister organization, Citizens for Tax Justice, is funded in part by labor, ITEP is not.
[...] TaxVox runs down Rick Perry’s record on taxes. [...]
[...] –Perry Taxes: Howard Gleckman examines presidential hopeful Gov. Rick Perry’s record as a low-tax politician. His record, “suggests, in fact, a politician who has gradually toughened his anti-tax views over the years but remains willing to boost some levies…Perry’s biggest revenue challenge came in 2004-2006. Texas had been funding its schools through local property taxes, an arrangement courts found problematic. In 2004, Perry proposed replacing some school property levies with a basket of other taxes, including sales taxes, a higher cigarette tax, and an increased payroll tax. Perry’s plan died in the legislature in 2004 but in 2006, after the state Supreme Court determined the school funding system was unconstitutional, lawmakers did pass a major tax reform bill—a measure praised and signed by Perry. This version reduced local property taxes but created a new gross receipts tax on business (called a margins tax), raised the cigarette tax, and even taxed patrons of topless bars…Conservatives blasted the 2006 deal as ‘the largest tax increase in state history.’” [...]
[...] I ended up over on TaxVox where I read a great post there: Rick Perry, Texas, and Taxes [...]
[...] [...]
Constitutionalists postions are outrageous?
“Constitutionalists postions are outrageous?”
That’s what the RINOs want you to believe. Then you vote for Romney and suddenly discover that he’s Obama in disguise. Stick with Perry.
There are a number of small errors in this piece:
The 2006 tax bill required school districts to cut their M&O tax rates by a third, raised the cigarette tax by $1.00 per pack, and changed the state’s franchise tax (now popularly referred to as the margins tax). The tax on topless bars (the “pole tax”) was passed in a different legislative session and is independent of this.
The difference between the property tax revenue lost by the school districts and the new state revenue from the 06 changes, which were intended to replace the lost property taxes, is now running at $5 billion per year – an ongoing structural deficit that is playing havoc with the state’s budget.
The revenue from the change in the calculation of the tax on smokeless tobacco (from price to weight) was used to fund an increase in the small-business exemption from the margins tax – a net wash, not a tax increase.
The bill involving Internet retailers was vetoed in June, but a comprehensive fiscal matters bill containing the same provision was signed into law a few weeks later.
Severance taxes on oil and gas production accounted for only $1.7 billion of $35.4 billion in tax collections in FY10.
He seems to be in about the same boat as Romney on taxes, however his fiscal policy and constitutionalist positions are outrageous and mirror those of Ron Paul, Michele Bachmann and Sarah Palin. If these positions last for any length of time, the GOP will go the way of the Libertarian Party.