By Brown S.B. No. 85
74R1014 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the state to establish policies
1-3 regarding state programs mandated by federal law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 7, Government Code, is amended by adding
1-6 Chapter 753 to read as follows:
1-7 CHAPTER 753. STATE EVALUATION OF FEDERALLY MANDATED PROGRAMS
1-8 Sec. 753.001. DEFINITION. In this chapter, "state agency"
1-9 means an office, department, commission, or board of the executive
1-10 branch of state government created by the constitution or a statute
1-11 of this state.
1-12 Sec. 753.002. STATE AGENCY EVALUATION OF FEDERALLY MANDATED
1-13 PROGRAMS. (a) A state agency that is required by federal law to
1-14 implement a program created or required by a federal statute or
1-15 rule shall scrutinize the federal statute or rule to determine if
1-16 the federal government, by requiring action by the state, has
1-17 exceeded its authority under the Tenth Amendment to the United
1-18 States Constitution.
1-19 (b) In evaluating a federally mandated program under this
1-20 section, a state agency may request:
1-21 (1) the assistance of the attorney general's office;
1-22 and
1-23 (2) information from any public or private entity
1-24 affected by or involved in the program's implementation.
2-1 (c) The attorney general or a public entity from whom a
2-2 state agency requests information under Subsection (b)(2) shall
2-3 cooperate fully in assisting the agency under this chapter.
2-4 Sec. 753.003. REPORTING. (a) A state agency that
2-5 determines that a federal mandate exceeds the authority of the
2-6 federal government under the Tenth Amendment to the United States
2-7 Constitution shall promptly report its determination, including the
2-8 legal basis for the determination, to the attorney general.
2-9 (b) The attorney general's office shall promptly review a
2-10 report submitted under Subsection (a) and, if the office determines
2-11 that the agency's determination is correct, shall send the report
2-12 to the:
2-13 (1) governor;
2-14 (2) lieutenant governor;
2-15 (3) speaker of the house of representatives;
2-16 (4) Legislative Budget Board; and
2-17 (5) Office of State-Federal Relations.
2-18 Sec. 753.004. APPROPRIATIONS FOR FEDERALLY MANDATED
2-19 PROGRAMS. (a) The legislature may appropriate money for the
2-20 implementation of a federally mandated program that has been
2-21 determined under this chapter to exceed the authority of the
2-22 federal government under the Tenth Amendment to the United States
2-23 Constitution, and a state agency may spend appropriated money for
2-24 the implementation of the program, only if the program:
2-25 (1) is necessary to protect the public health, safety,
2-26 and welfare; or
2-27 (2) benefits the state by providing a cost-effective
3-1 means to meet a public health, safety, or welfare standard
3-2 established under state law.
3-3 (b) A state agency making an appropriations request for a
3-4 program authorized or required by federal law shall include in its
3-5 appropriations request citations to federal and state
3-6 constitutional or statutory provisions that authorize or require
3-7 the program.
3-8 SECTION 2. This Act takes effect September 1, 1995.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.