James Talarico’s Votes Against Income and Death Tax Bans Show a Clear Pattern of Fiscal Recklessness as He Runs for U.S. Senate

Texas has stayed strong and attractive to families and businesses for many reasons, but one of the biggest is this: we don’t punish success with a state income tax, or hit grieving families with death taxes. But that advantage is not automatic. It takes state lawmakers willing to draw hard lines against government growth. 

Unfortunately, State Rep. James Talarico¹ (D-Austin), now the Democrat nominee for U.S. Senate after his March 2026 primary win, has shown time and again that he’s comfortable leaving the door open for higher taxes and bigger government. 

Income Taxes 

A prime example came during the 86th Legislature in 2019. House Joint Resolution 38 (HJR 38)² was a simple, common-sense constitutional amendment to ban any future personal income tax in Texas. While the law at the time allowed the Legislature to pass legislation imposing an income tax with a simple majority and then allowing a vote of the people, HJR 38 ensured an outright ban was solidified in the constitution, something that could only be changed with a two-thirds vote of both chambers of the legislature and a majority vote of the people. 

The House passed HJR 38 100-42 on May 9, 2019.³ The Senate followed suit. Then, Texans approved it as Proposition 4 on November 5, 2019, with more than 74% voting in favor.⁴ Now, the bar is raised, so any state income tax would need a two-thirds vote in both chambers plus another statewide election.

James Talarico voted “NO,”⁵ making it clear that he thinks it should be easier to impose a higher tax burden on Texans, not harder. 

Death Taxes 

But that wasn’t a one-off. In the 89th Legislature in 2025, Talarico got another chance to safeguard Texas families when lawmakers brought forward House Joint Resolution 2 (HJR 2),⁶ a constitutional amendment to permanently ban estate, inheritance, and gift taxes, often called “death taxes.” Similarly to the income tax, Texas didn’t have these types of taxes at the time, but the measure locked in that protection so future legislatures couldn’t impose them on farms, family businesses, or inheritances without another constitutional change. The House passed it 112-29 on April 29, 2025.⁷ The Senate approved it overwhelmingly. Voters ratified Proposition 8 on November 4, 2025, by a 72% margin.⁸ Again, the goal was simple: stop double taxation on money and property already taxed during a person’s lifetime and protect generational wealth that keeps small businesses and family farms alive.

Talarico voted “NO” once again.⁹

Talarico’s opposition to constitutional protections for Texas families are direct signals about priorities, and should be a red flag for taxpayers. An income tax would hammer wages, savings, and job creation, the very things that make Texas a magnet compared to high-tax states like California and New York (despite our high property tax burdens). Death taxes hit hardest when families are mourning, forcing sales of land or businesses just to pay the government. Both measures passed with strong bipartisan support and voter approval because most Texans understand the threat. Talarico stood against that consensus.

A Dismal Record 

These two highlighted votes do not stand alone. Talarico’s wider record reflects a consistent posture against smaller government and more money in people’s pockets. Talarico has earned himself an “F” grade for his entire legislative career on the Fiscal Responsibility Index (The Index).¹⁰ In the 2025 legislative session alone, he scored a dismal 30% on The Index,¹¹ well below the overall House average, showing a consistent voting record against pro-taxpayer and pro-family reforms. 

No income tax helps Texas attract companies, retain workers, and let families keep more of what they earn. Banning death taxes prevent the kind of wealth destruction and socialistic redistribution that has hurt families and small businesses in other states. Talarico’s repeated opposition to these protections, and others, suggests he’s fine leaving future options open for the very tax hikes that could erode Texas’ competitive edge.

Now he’s campaigning for the U.S. Senate, talking about representing all Texans. But his House record tells a different story, one of consistent resistance to the taxpayer safeguards that voters keep demanding. A career “F” rating on votes important to taxpayers and families, and “NO” votes on popular tax bans, are warning signs for anyone who values limited government and economic freedom.

This record matters because the Texas model isn’t guaranteed. It requires leaders who actually fight for it. Talarico’s public voting record says he hasn’t, and he likely won’t in the future.

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1. https://index.texastaxpayers.com/legislators/james-talarico/2025-index?record-type=Vote ↩︎
2. https://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=86R&Bill=HJR38 ↩︎
3. http://journals.house.texas.gov/hjrnl/86r/pdf/86RDAY62FINAL.PDF#page=116&seqNum=101 ↩︎
4. https://ballotpedia.org/Texas_Proposition_4,Prohibit_State_Income_Tax_on_Individuals_Amendment(2019) ↩︎
5. http://journals.house.texas.gov/hjrnl/86r/pdf/86RDAY62FINAL.PDF#page=116&seqNum=101 ↩︎
6. https://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=89R&Bill=HJR%202 ↩︎
7. http://journals.house.texas.gov/hjrnl/89r/pdf/89RDAY52FINAL.PDF#page=9&seqNum=131 ↩︎
8. https://ballotpedia.org/Texas_Proposition_8,Prohibit_Estate_Taxes_and_New_Taxes_on_Estate_Transfers,_Inheritances,_and_Gifts_Amendment(2025) ↩︎
9. http://journals.house.texas.gov/hjrnl/89r/pdf/89RDAY52FINAL.PDF#page=9&seqNum=131 ↩︎
10. https://texastaxpayers.com/index/ ↩︎
11. https://index.texastaxpayers.com/legislators/james-talarico/2025-index ↩︎