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.