By Cuellar of Webb H.B. No. 142
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.
2-1 Sec. 320.003. ENTITLEMENT TO REIMBURSEMENT. (a) A
2-2 political subdivision of this state is entitled to be reimbursed
2-3 from the general revenue fund in the state treasury for all or part
2-4 of the cost incurred in a calendar year or part of a calendar year
2-5 by the political subdivision to comply with any state mandate
2-6 enacted on or after January 1, 1994.
2-7 (b) The state shall appropriate or otherwise provide for the
2-8 payment or reimbursement for all or part of the cost incurred in a
2-9 calendar year or part of a calendar year by the political
2-10 subdivision in complying with a state mandate.
2-11 (c) This section does not apply to a state mandate:
2-12 (1) not included in the appropriate list of mandates
2-13 published by the comptroller under Section 320.004;
2-14 (2) imposed by the legislature or a state agency to
2-15 comply with a requirement of the Texas Constitution or federal law;
2-16 (3) creating a new criminal offense or changing the
2-17 elements of a criminal offense; or
2-18 (4) approved by the voters of this state at a general
2-19 election.
2-20 Sec. 320.004. LIST OF MANDATES. (a) On or before the next
2-21 September 1 following a regular session of the legislature or the
2-22 90th day after the last day of a special session of the
2-23 legislature, the comptroller of public accounts shall publish a
2-24 list of the mandates enacted by the legislature during that
2-25 legislative session the costs of which are reimbursable under
3-1 Section 320.003. By that same date the comptroller shall remove
3-2 from the list of reimbursable mandates for a previous legislative
3-3 session those mandates that are no longer in effect.
3-4 (b) Not later than the 60th day after the last day on which
3-5 the comptroller is authorized to publish the list for a legislative
3-6 session, a political subdivision may petition the comptroller to
3-7 include on the list additional provisions enacted at the applicable
3-8 legislative session or to retain a mandate on the list from a
3-9 previous legislative session.
3-10 (c) If the comptroller refuses to grant the petition of a
3-11 political subdivision, the political subdivision, not later than
3-12 the 60th day after the date on which it submitted the petition to
3-13 the comptroller, may bring an action in the district court of
3-14 Travis County to require the comptroller to act in accordance with
3-15 the petition.
3-16 (d) The court may not reverse the comptroller's action
3-17 unless the political subdivision establishes by clear and
3-18 convincing evidence that the decision of the comptroller is
3-19 erroneous. The decision of the district court may be appealed in
3-20 the manner provided by law for civil suits generally.
3-21 Sec. 320.005. APPLICATION FOR REIMBURSEMENT. (a) To
3-22 receive a reimbursement to which it is entitled under Section
3-23 320.003, the governing body of a political subdivision must apply
3-24 to the comptroller of public accounts not later than March 1 of the
3-25 year following the year in which the reimbursable expense was
4-1 incurred. The application must provide evidence of the costs
4-2 incurred by the political subdivision in complying with the
4-3 mandate.
4-4 (b) A political subdivision is not eligible for
4-5 reimbursement under this subsection unless it complies or in good
4-6 faith attempts to comply with the mandate in the year for which the
4-7 reimbursement is sought.
4-8 (c) The comptroller shall pay the amount of the costs the
4-9 comptroller determines were directly incurred in complying with the
4-10 mandate not later than the end of the calendar year in which the
4-11 governing body applies for reimbursement.
4-12 (d) Reimbursements to school districts under this section
4-13 shall be provided through equalized allotments if necessary to
4-14 comply with Article VII, Section 1, of the Texas Constitution.
4-15 (e) Not later than March 1 of the year after the year in
4-16 which application is made, the political subdivision may appeal a
4-17 decision of the comptroller not to pay an amount applied for, or to
4-18 pay less than the amount applied for, to the district court of
4-19 Travis County.
4-20 (f) The court may not reverse the comptroller's decision
4-21 unless the political subdivision establishes by clear and
4-22 convincing evidence that the decision of the comptroller is
4-23 erroneous. The decision of the district court may be appealed in
4-24 the manner provided by law for civil suits generally.
4-25 SECTION 2. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended.