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.