By Cuellar of Webb, et al. H.B. No. 142
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the identification and legislative review of unfunded
1-3 mandates on political subdivisions.
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. UNFUNDED MANDATES ON POLITICAL SUBDIVISIONS
1-8 Sec. 320.001. DEFINITIONS. In this chapter:
1-9 (1) "Interagency work group" means the unfunded
1-10 mandates interagency work group.
1-11 (2) "State mandate" means a requirement made by a
1-12 statute enacted by the legislature on or after January 1, 1995,
1-13 that requires a political subdivision to establish, expand, or
1-14 modify an activity in a way that requires the expenditure of
1-15 revenue by the political subdivision that would not have been
1-16 required in the absence of the statutory provision.
1-17 Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP. (a)
1-18 The unfunded mandates interagency work group consists of:
1-19 (1) the state auditor;
1-20 (2) the director of the Legislative Budget Board;
1-21 (3) the director of the Sunset Advisory Commission;
1-22 and
1-23 (4) the comptroller.
2-1 (b) A member of the interagency work group is not entitled
2-2 to additional compensation for service on the work group.
2-3 (c) A member of the interagency work group may use any
2-4 person employed by the member's agency to complete the member's
2-5 work on the interagency work group.
2-6 (d) The members of the interagency work group may enter into
2-7 an interagency memorandum of understanding regarding the completion
2-8 of the work required by this chapter.
2-9 (e) The interagency work group shall:
2-10 (1) compile a list of unfunded mandates under the
2-11 requirements of Section 320.003; and
2-12 (2) present, at the time of each regular legislative
2-13 session, to the legislature and governor a report on the unfunded
2-14 mandates scheduled to be reviewed under Section 320.004.
2-15 Sec. 320.003. LIST OF UNFUNDED MANDATES. (a) On or before
2-16 the September 1 following a regular session of the legislature and
2-17 on or before the 90th day after the last day of a special session
2-18 of the legislature, the interagency work group shall publish a list
2-19 of mandates for which the legislature has not provided
2-20 reimbursement under Subsection (b) and that were enacted by the
2-21 legislature during that legislative session. By that same date the
2-22 interagency work group shall remove from the list of mandates for a
2-23 previous legislative session those mandates for which the
2-24 legislature has provided reimbursement under Subsection (b), those
2-25 that are no longer subject to reimbursement, and those that are no
3-1 longer in effect.
3-2 (b) A mandate is considered to be a mandate for which the
3-3 legislature has provided reimbursement if the legislature:
3-4 (1) by statute enacted by a record vote of two-thirds
3-5 of the members elected to each house expressly provides that the
3-6 mandate is not subject to reimbursement under this section; or
3-7 (2) appropriates or otherwise provides for the payment
3-8 or reimbursement from a source other than revenue of the political
3-9 subdivision of the costs incurred in the calendar year by the
3-10 political subdivision in complying with the mandate.
3-11 (c) This section does not apply to a mandate:
3-12 (1) not included in the appropriate list of mandates
3-13 published by the interagency work group under this section;
3-14 (2) imposed by the legislature or a state agency to
3-15 comply with a requirement of the Texas Constitution, federal law,
3-16 or court order;
3-17 (3) creating a new criminal offense or changing the
3-18 elements of a criminal offense; or
3-19 (4) approved by the voters of this state at a general
3-20 election.
3-21 Sec. 320.004. SUNSET REVIEW OF UNFUNDED MANDATES. (a)
3-22 Before September 1 of the even-numbered year before the fifth
3-23 anniversary of the date of enactment of a mandate identified by the
3-24 interagency work group under Section 320.003, the interagency work
3-25 group shall:
4-1 (1) review the legislative history of the mandate;
4-2 (2) conduct an evaluation on the benefits of the
4-3 mandate and the costs of the mandate on affected political
4-4 subdivisions; and
4-5 (3) present a written report to the legislature and
4-6 the governor on the interagency work group's findings.
4-7 (b) During the regular session immediately following the
4-8 issuance of a report under Subsection (a), the legislature by law
4-9 may continue the mandate for a period not to exceed five years,
4-10 repeal the mandate, or take no action on the mandate.
4-11 SECTION 2. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended,
4-16 and that this Act take effect and be in force from and after its
4-17 passage, and it is so enacted.