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A JOINT RESOLUTION
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proposing a constitutional amendment to require the legislature to |
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provide for the reimbursement of certain political subdivisions for |
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the implementation of laws that establish, expand, or modify a duty |
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or activity that requires the political subdivisions to spend |
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revenue. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 71 to read as follows: |
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Sec. 71. (a) Except as provided by Subsections (b) and (c) |
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of this section, a state law enacted through a bill that takes |
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effect on or after January 1, 2022, and that requires a political |
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subdivision to establish, expand, or modify a duty or activity that |
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requires the political subdivision to spend revenue must provide |
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for reimbursement to each political subdivision affected by the |
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requirement in an amount equal to the estimated cost to the |
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political subdivision to comply with the requirement or rules |
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adopted under the requirement. The law may provide for |
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reimbursement by: |
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(1) appropriating an amount of money equal to the |
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estimated cost to each political subdivision affected by the |
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requirement; |
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(2) authorizing or requiring each political |
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subdivision affected by the requirement to impose a fee, charge, |
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assessment, or similar payment to reimburse the political |
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subdivision for the estimated cost; or |
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(3) otherwise providing from a source other than the |
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revenue of a political subdivision for the reimbursement of the |
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estimated cost to the affected political subdivision. |
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(b) Subsection (a) of this section does not apply to: |
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(1) a law that imposes a requirement only on one or |
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more of the following political subdivisions: |
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(A) an independent school district; |
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(B) a junior college district; or |
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(C) a political subdivision that employs in any |
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capacity a person required to register as a lobbyist under Chapter |
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305, Government Code, or a successor requirement; or |
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(2) a law that imposes a requirement that is required |
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to be enacted by: |
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(A) this constitution; |
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(B) the United States Constitution; |
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(C) a federal law; or |
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(D) an order of a state or federal court. |
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(c) Subsection (a) of this section is not effective unless |
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the legislature by general law has prescribed procedural |
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requirements applicable to the consideration of a bill described by |
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Subsection (a) of this section, including requirements related to: |
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(1) identifying each bill that includes a requirement |
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described by Subsection (a) of this section; and |
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(2) providing the fiscal implications and probable |
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cost of each bill described by Subsection (a) of this section to the |
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members of the legislature. |
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(d) Notwithstanding Subsection (b) of this section, a |
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political subdivision is entitled to reimbursement under |
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Subsection (a) of this section regardless of whether the political |
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subdivision spends public money for membership fees and dues of a |
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nonprofit state association or organization of similar political |
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subdivisions that exists for the betterment of local government and |
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the benefit of all local officials. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 87th Legislature, |
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Regular Session, 2021, to require the legislature to provide for |
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the reimbursement of certain political subdivisions for the |
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implementation of laws that establish, expand, or modify a duty or |
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activity that requires the political subdivisions to spend revenue. |
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(b) Section 71, Article III, of this constitution takes |
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effect January 1, 2022, and applies only to a state law enacted |
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through a bill in a regular or special session of the legislature |
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that is convened on or after that date. |
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(c) This temporary provision expires January 1, 2023. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 2, 2021. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to require the |
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legislature to provide for the reimbursement of certain political |
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subdivisions for the implementation of laws that establish, expand, |
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or modify a duty or activity that requires the political |
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subdivisions to spend revenue." |