By: Cuellar, H. H.B. No. 44
73R552 SHS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring state funding of legislative mandates on
1-3 local governments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 3, Government Code, is amended
1-6 by adding Chapter 320 to read as follows:
1-7 CHAPTER 320. LEGISLATIVE MANDATES ON LOCAL GOVERNMENTS
1-8 Sec. 320.001. SHORT TITLE. This chapter may be cited as the
1-9 State Mandates Act.
1-10 Sec. 320.002. DEFINITIONS. In this chapter:
1-11 (1) "Political subdivision" means a municipality,
1-12 county, or other subdivision of state government that has
1-13 jurisdiction over a portion of the state, has a governing body
1-14 composed of elected officials, and has the power to assess and
1-15 collect taxes.
1-16 (2) "State mandate" means a statutory provision that
1-17 requires a political subdivision to establish, expand, or modify an
1-18 activity in a way that requires the expenditure of revenue by the
1-19 political subdivision that would not have been required in the
1-20 absence of the statutory provision, a rule adopted by a state
1-21 agency to implement a statutory state mandate, or a judicial
1-22 decision interpreting or applying a state mandate established by
1-23 statute or rule.
1-24 Sec. 320.003. ENTITLEMENT TO REIMBURSEMENT. (a) A
2-1 political subdivision of this state is entitled to be reimbursed
2-2 from the general revenue fund in the state treasury for all or part
2-3 of the cost incurred in a calendar year or part of a calendar year
2-4 by the political subdivision to comply with any state mandate
2-5 enacted on or after January 1, 1994.
2-6 (b) The state shall appropriate or otherwise provide for the
2-7 payment or reimbursement for all or part of the cost incurred in a
2-8 calendar year or part of a calendar year by the political
2-9 subdivision in complying with a state mandate.
2-10 (c) This section does not apply to a state mandate:
2-11 (1) not included in the appropriate list of mandates
2-12 published by the comptroller under Section 320.004;
2-13 (2) imposed by the legislature or a state agency to
2-14 comply with a requirement of the Texas Constitution or federal law;
2-15 (3) creating a new criminal offense or changing the
2-16 elements of a criminal offense; or
2-17 (4) approved by the voters of this state at a general
2-18 election.
2-19 Sec. 320.004. LIST OF MANDATES. (a) On or before the next
2-20 September 1 following a regular session of the legislature or the
2-21 90th day after the last day of a special session of the
2-22 legislature, the comptroller of public accounts shall publish a
2-23 list of the mandates enacted by the legislature during that
2-24 legislative session the costs of which are reimbursable under
2-25 Section 320.003. By that same date the comptroller shall remove
2-26 from the list of reimbursable mandates for a previous legislative
2-27 session those mandates that are no longer in effect.
3-1 (b) Not later than the 60th day after the last day on which
3-2 the comptroller is authorized to publish the list for a legislative
3-3 session, a political subdivision may petition the comptroller to
3-4 include on the list additional provisions enacted at the applicable
3-5 legislative session or to retain a mandate on the list from a
3-6 previous legislative session.
3-7 (c) If the comptroller refuses to grant the petition of a
3-8 political subdivision, the political subdivision, not later than
3-9 the 60th day after the date on which it submitted the petition to
3-10 the comptroller, may bring an action in the district court of
3-11 Travis County to require the comptroller to act in accordance with
3-12 the petition.
3-13 (d) The court may not reverse the comptroller's action
3-14 unless the political subdivision establishes by clear and
3-15 convincing evidence that the decision of the comptroller is
3-16 erroneous. The decision of the district court may be appealed in
3-17 the manner provided by law for civil suits generally.
3-18 Sec. 320.005. APPLICATION FOR REIMBURSEMENT. (a) To
3-19 receive a reimbursement to which it is entitled under Section
3-20 320.003, the governing body of a political subdivision must apply
3-21 to the comptroller of public accounts not later than March 1 of the
3-22 year following the year in which the reimbursable expense was
3-23 incurred. The application must provide evidence of the costs
3-24 incurred by the political subdivision in complying with the
3-25 mandate.
3-26 (b) A political subdivision is not eligible for
3-27 reimbursement under this subsection unless it complies or in good
4-1 faith attempts to comply with the mandate in the year for which the
4-2 reimbursement is sought.
4-3 (c) The comptroller shall pay the amount of the costs the
4-4 comptroller determines were directly incurred in complying with the
4-5 mandate not later than the end of the calendar year in which the
4-6 governing body applies for reimbursement.
4-7 (d) Reimbursements to school districts under this section
4-8 shall be provided through equalized allotments if necessary to
4-9 comply with Article VII, Section 1, of the Texas Constitution.
4-10 (e) Not later than March 1 of the year after the year in
4-11 which application is made, the political subdivision may appeal a
4-12 decision of the comptroller not to pay an amount applied for, or to
4-13 pay less than the amount applied for, to the district court of
4-14 Travis County.
4-15 (f) The court may not reverse the comptroller's decision
4-16 unless the political subdivision establishes by clear and
4-17 convincing evidence that the decision of the comptroller is
4-18 erroneous. The decision of the district court may be appealed in
4-19 the manner provided by law for civil suits generally.
4-20 SECTION 2. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.