By: Sims S.B. No. 366
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the accurate calculation of costs of environmental
1-2 mandates for local governments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. SHORT TITLE. This Act may be cited as the
1-5 Comprehensive Environmental Mandate Act.
1-6 SECTION 2. DEFINITIONS. In this Act:
1-7 (1) "Environmental mandate" means any state initiated
1-8 rule or law that requires a local government to expand, restrict,
1-9 or modify its water quality, air quality or solid waste activities
1-10 in any way that requires it to make any expenditure or affects its
1-11 ability to raise revenues and which imposes or results in a penalty
1-12 for non-compliance.
1-13 (2) "Local government" means a county or a
1-14 municipality.
1-15 (3) "Preparing agency" means the State Comptroller of
1-16 Public Accounts.
1-17 SECTION 3. ACCURATE FISCAL NOTE REQUIRED. (a) No
1-18 environmental mandate shall be binding on any local government
1-19 unless it is accompanied at the time of its signing or adoption by
1-20 either a fiscal note prepared in compliance with this Act or the
1-21 written determination described in Subsection 4(a), hereof. Each
1-22 fiscal note shall accurately inform the public, local governments,
1-23 and the legislative and executive branches of state government of
2-1 the approximate fiscal impact of the environmental mandate on local
2-2 governments.
2-3 (b) Estimated cost shall be stated in the fiscal note in
2-4 numeric form unless insufficient data exists to produce a numerical
2-5 estimate. In such a case, the preparing agency shall provide a
2-6 written description of the likely impacts of the mandate in
2-7 language which is as precise as the preparing agency is able to
2-8 provide, including any sample costs for affected local governments
2-9 when available.
2-10 (c) Every agency and department of the state is directed to
2-11 cooperate with the preparing agency whenever and to the extent
2-12 requested by the director of the preparing agency.
2-13 (d) The preparing agency may utilize information or data
2-14 supplied by any person, agency, organization or governmental unit
2-15 that the preparing agency deems reliable.
2-16 (e) The preparing agency shall neither make, offer nor
2-17 include any opinion concerning the merit of the mandate, even when
2-18 employing non-numerical estimates to describe its impact.
2-19 SECTION 4. PROPOSED LEGISLATION CONTAINING ENVIRONMENTAL
2-20 MANDATES. (a) Any proposed legislation containing an
2-21 environmental mandate shall be submitted to the preparing agency
2-22 for preparation of the fiscal note. If the preparing agency
2-23 determines that the proposed legislation does not contain an
2-24 environmental mandate, it shall so inform the legislature in
2-25 writing, and such determination shall be final and conclusive
3-1 regardless of the actual effect of the legislation on local
3-2 governments.
3-3 (b) No committee or subcommittee to which a bill containing
3-4 an environmental mandate is referred may take testimony or vote on
3-5 the bill unless a fiscal note which complies with this subchapter
3-6 is attached.
3-7 (c) In the event that a bill containing an environmental
3-8 mandate is amended by the committee so as to alter its fiscal
3-9 implications, or a bill is amended by the addition of an
3-10 environmental mandate, an updated fiscal note shall be obtained by
3-11 the chair and attached to the bill as a part of the committee
3-12 report. The bill may not be reconsidered prior to attachment of
3-13 the adjusted fiscal note.
3-14 SECTION 5. RULES OF THE TEXAS NATURAL RESOURCE CONSERVATION
3-15 COMMISSION. (a) No agency rule proposed by the Texas Natural
3-16 Resource Conservation Commission or its successor which contains an
3-17 environmental mandate shall be binding on any local government in
3-18 the absence of a fiscal note which fully informs the public, local
3-19 governments, and the legislative and executive branches of state
3-20 government of the full impact of the environmental mandate on local
3-21 governments prior to its adoption.
3-22 (b) The fiscal note shall be prepared in the manner
3-23 described in Subsections 3(b), 3(c), and 3(d) of this Act.
3-24 (c) The fiscal note shall be prepared by the Texas Natural
3-25 Resource Conservation Commission or its successor and shall be
4-1 published in the Texas Register with the proposed rule. If
4-2 adopted, the rules shall be accompanied by an adjusted fiscal note
4-3 when the notice of adoption is published in the Texas Register.
4-4 (d) No rule which imposes an environmental mandate on local
4-5 governments may be adopted by the Texas Natural Resource
4-6 Conservation Commission or its successor on an emergency basis.
4-7 SECTION 6. DELAYED IMPLEMENTATION DATES. In order to allow
4-8 local governments to plan and prepare adequate annual budgets, no
4-9 environmental mandate enacted in compliance with this subchapter
4-10 may become effective prior to eighteen months from the date the
4-11 legislation is signed or the agency rule is adopted.
4-12 SECTION 7. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.