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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and duties of the unfunded mandates |
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interagency work group. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 320.001, Government Code, is amended to |
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read as follows: |
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Sec. 320.001. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Interagency work group" means the unfunded |
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mandates interagency work group. |
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(2) "Mandate" [, "mandate"] means a requirement made |
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by a statute enacted by the legislature on or after January 1, 2025 |
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[1997], that requires a political subdivision to establish, expand, |
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or modify a duty or [an] activity in a way that requires the |
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expenditure of revenue by the political subdivision that would not |
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have been required in the absence of the statutory provision. |
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SECTION 2. Chapter 320, Government Code, is amended by |
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adding Sections 320.002 and 320.003 to read as follows: |
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Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP. |
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(a) The unfunded mandates interagency work group consists of: |
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(1) the state auditor; |
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(2) the director of the Legislative Budget Board; |
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(3) the comptroller; |
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(4) a senator appointed by the lieutenant governor; |
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and |
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(5) a member of the house of representatives appointed |
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by the speaker of the house of representatives. |
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(b) A member of the interagency work group is not entitled |
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to additional compensation for service on the work group. |
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(c) A member of the interagency work group may collaborate |
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with any person employed by the member's agency to complete the |
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member's work on the work group. |
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(d) The members of the interagency work group may enter into |
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an interagency memorandum of understanding regarding the |
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completion of the work required by this chapter. |
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Sec. 320.003. ADVISORY LIST OF UNFUNDED MANDATES. (a) Not |
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later than the September 1 following a regular session of the |
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legislature and not later than the 90th day after the last day of a |
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special session of the legislature, the interagency work group |
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shall publish an advisory list of mandates for which the |
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legislature has not provided reimbursement under Subsection (b) and |
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that were enacted by the legislature during that legislative |
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session. By that same date the interagency work group shall: |
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(1) remove from the advisory list of mandates for a |
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previous legislative session those mandates for which the |
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legislature has provided reimbursement under Subsection (b), those |
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that are no longer subject to reimbursement, and those that are no |
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longer in effect; and |
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(2) add to the advisory list a mandate from a previous |
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legislative session for which reimbursement was provided under |
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Subsection (b) in the previous session but for which reimbursement |
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was not provided in the most recent regular session or in any |
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subsequent special sessions. |
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(b) A mandate is considered to be a mandate for which the |
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legislature has provided reimbursement if the legislature: |
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(1) expressly provides by statute enacted by a record |
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vote of two-thirds of the members elected to each house that the |
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mandate is not subject to reimbursement under this section; or |
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(2) appropriates or otherwise provides for the payment |
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or reimbursement, from a source other than revenue of the political |
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subdivision, of the costs incurred in the calendar year by the |
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political subdivision in complying with the mandate. |
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(c) This section does not apply to a mandate: |
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(1) imposed by the legislature or a state agency to |
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comply with a requirement of the Texas Constitution, federal law, |
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or a court order or to maximize the receipt of federal funds by the |
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state in areas such as education, health and human services, and |
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criminal justice; |
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(2) approved by the voters of this state at a general |
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election; or |
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(3) affecting employee pensions and benefits. |
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SECTION 3. Notwithstanding Section 320.003, Government |
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Code, as added by this Act, the unfunded mandates interagency work |
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group is not required to publish a report under that section for a |
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legislative session beginning before September 1, 2025, until the |
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later of September 1, 2025, or the 90th day after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |