By Swinford H.B. No. 460
74R1598 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring state funding of 50 percent or more of
1-3 legislative mandates on 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. DEFINITIONS. In this chapter:
1-9 (1) "Legislative mandate" means a state statutory
1-10 provision that requires a political subdivision to establish,
1-11 expand, or modify an activity in a way that requires the
1-12 expenditure of revenue by the political subdivision that would not
1-13 have been required in the absence of the statutory provision.
1-14 (2) "Political subdivision" means a municipality,
1-15 county, or other subdivision of state government that has
1-16 jurisdiction over a portion of the state, has a governing body
1-17 composed of elected officials, and has the power to assess and
1-18 collect taxes.
1-19 Sec. 320.002. ENFORCEMENT OF LEGISLATIVE MANDATE. (a) A
1-20 political subdivision does not have to comply with or otherwise
1-21 enforce a legislative mandate unless the comptroller certifies that
1-22 50 percent or more of the cost of the mandate is funded by the
1-23 state or the federal government.
1-24 (b) This section does not apply to a legislative mandate:
2-1 (1) not included in the appropriate list of mandates
2-2 published by the comptroller under Section 320.003;
2-3 (2) imposed by the legislature to comply with a
2-4 requirement of the Texas Constitution or federal law;
2-5 (3) creating a new criminal offense or changing the
2-6 elements of a criminal offense;
2-7 (4) approved by the voters of this state at a general
2-8 election; or
2-9 (5) imposed by the legislature before January 1, 1996.
2-10 Sec. 320.003. LIST OF MANDATES. (a) On or before the next
2-11 September 1 following a regular session of the legislature or the
2-12 90th day after the last day of a special session of the
2-13 legislature, the comptroller shall publish a list of legislative
2-14 mandates enacted by the legislature during that legislative session
2-15 and the determination of the comptroller of whether 50 percent or
2-16 more of the cost of each mandate is funded by the state or the
2-17 federal government. By that same date the comptroller shall remove
2-18 from the list of legislative mandates for a previous legislative
2-19 session those mandates that are no longer in effect.
2-20 (b) Not later than the 60th day after the last day on which
2-21 the comptroller is authorized to publish the list for a legislative
2-22 session, a political subdivision may petition the comptroller to
2-23 include on the list additional provisions enacted at the applicable
2-24 legislative session or to retain a mandate on the list from a
2-25 previous legislative session.
2-26 (c) If the comptroller refuses to grant the petition of a
2-27 political subdivision, the political subdivision, not later than
3-1 the 60th day after the date on which it submitted the petition to
3-2 the comptroller, may bring an action in the district court of
3-3 Travis County to require the comptroller to act in accordance with
3-4 the petition.
3-5 (d) The court may not reverse the comptroller's action
3-6 unless the political subdivision establishes by clear and
3-7 convincing evidence that the decision of the comptroller is
3-8 erroneous. The decision of the district court may be appealed in
3-9 the manner provided by law for civil suits generally.
3-10 SECTION 2. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.