BILL ANALYSIS



C.S.H.B. 142
By: Cuellar, R.
05-05-95
Committee Report (Substituted)

BACKGROUND

The state government has passed laws mandating local governments to
do things without providing monies to fund said legislative
mandates.  The local governments have requested relief from
unfunded legislative mandates.

PURPOSE

HB 142 establishes a work group to review legislative mandates on
local governments.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1: Subtitle B, Title 3,Government Code, is amended by
adding Chapter 320       UNFUNDED MANDATES ON POLITICAL
                         SUBDIVISIONS as follows:           
           Section 320.001.   Defines: "Interagency work group" and
"State Mandate."   
           Section 320.002.   Unfunded Mandates Interagency Work
Group.
               a) Members are the state auditor, the director of
the            Legislative Budget Board, the director of the Sunset
Advisory            Commission, and the comptroller.
               b) Members are not entitled to compensation.
               c) Members may use other members to complete their
work                on interagency work group
               d) Members may enter into an interagency memorandum
of understanding              regarding the completion of the work.
               e) The interagency work group shall compile a list
of             unfunded mandates under the requirements of Section              320.003 and present a report on the unfunded
mandates            scheduled to be reviewed under Section 320.004.

           Section 320.003.   Lists of Unfunded Mandates. 

               a) Requires the work group to publish a list of
               mandates for which the Legislature has not provided
               reimbursement. Provides a time deadline for the
               publication of the report. 
               b) Provides specifications for mandates for which
               the legislature has provided reimbursement.
               c) Provides for exemptions of this section.

           Section 320.004.   Sunset Review of Unfunded Mandates. 
     
               a) Provides a list of analysis that the work group
               shall provide on each mandate.
               b) After the issuance of the report, the
               legislature may not continue the mandate for a
               period not to exceed five years, repeal the
               mandate, or take no action.

SECTION 2. Emergency Clause. Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The short title of the original bill is deleted. In Sec. 320.001 of
the substitute, Definitions, the definition of "Political
Subdivision" is deleted. The definition of "State mandate" is
amended. The definition of "Interagency work group" is added to the
section. The Unfunded Mandates Interagency Work Group is
established in Sec. 320.002 of the substitute. Section 320.003
ENTITLEMENT TO REIMBURSEMENT of the original bill is deleted. 

Section 320.003 of the substitute provides for the publication of
a list of unfunded mandates. Also provides criteria for a mandate
to be considered one for which the legislature has provided
reimbursement.  Sec. 320.004 of the original bill referring to list
of mandates is deleted.

Section 320.004 of the substitute provides for types of analysis
that shall be prepared on each identified mandates.  Secs. 320.005
APPLICATION FOR REIMBURSEMENT of the original bill is deleted.

SUMMARY OF COMMITTEE ACTION

Pursuant to posting of public hearing on March 29, 1995, the House
Committee on State Affairs convened in public hearing on April 3,
1995 to consider HB 142.  The chairman laid out HB 142 and
recognized Rep. H. Cuellar to explain the bill. The following
persons testified for the bill: Sam D. Seale, representing the
Texas Association of Counties and Amalia Rodriguez Mendoza
representing the County and District Clerks Association of Texas.
The following person testified against the bill: Lonnie
Hollingsworth representing the Texas Classroom Teachers
Association. The chair sent HB 142 to the Subcommittee on State
Agency Rules which consists of Rep. S. Turner, Rep. Hochberg, Rep.
Ramsay, Rep. Black, and Rep. D. Jones.  After being recalled from
subcommittee, the bill was considered by the committee in a formal
meeting on May 4, 1995. The Chair laid out HB 142.  The committee
considered a complete substitute for the bill.  The substitute was
adopted without objection.  The bill was reported favorably as
substituted with the recommendation that it do pass and be printed,
which prevailed by a vote of 14 aye, 0 nay, 0 PNV, and 1 absent.