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.