By Nelson S.B. No. 136
74R1675 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state implementation of federal mandates.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 7, Government Code, is amended by adding
1-5 Chapter 753 to read as follows:
1-6 CHAPTER 753. IMPLEMENTATION OF FEDERAL MANDATES
1-7 Sec. 753.001. PURPOSE. This chapter is intended to ensure
1-8 that:
1-9 (1) the legal and political authority of this state is
1-10 given primacy in implementing state programs to comply with federal
1-11 mandates;
1-12 (2) federal mandates applicable to this state are
1-13 scrutinized to determine the extent to which those mandates exceed
1-14 the lawful authority of the federal government or are inconsistent
1-15 with the policy of this state; and
1-16 (3) the implementation of federal mandates does not
1-17 violate the rights of or impose undue regulatory or financial
1-18 burdens on this state, political subdivisions of this state, or the
1-19 people of this state.
1-20 Sec. 753.002. DEFINITION. In this chapter, "state agency"
1-21 means an office, department, board, or commission in the executive
1-22 branch of the government of this state.
1-23 Sec. 753.003. STATE AGENCY IMPLEMENTATION OF FEDERALLY
1-24 MANDATED PROGRAM. (a) A state agency that is required or
2-1 authorized to develop a state program to comply with a federal
2-2 statute shall implement and administer the program in good faith
2-3 compliance with the federal statute. In developing the program,
2-4 the state agency shall critically examine any applicable federal
2-5 regulation, guideline, or policy to identify any provision that:
2-6 (1) is inconsistent with the policy of this state; or
2-7 (2) does not advance the policy of this state in a
2-8 cost-effective manner.
2-9 (b) The agency shall implement and administer the program in
2-10 the most cost-effective manner possible, with due consideration
2-11 for:
2-12 (1) the long-term health, safety, and welfare of the
2-13 people of this state; and
2-14 (2) financial restraints, including limits on taxes,
2-15 debt, or expenditures provided by the Texas Constitution or other
2-16 law, imposed on this state, political subdivisions of this state,
2-17 or the people of this state.
2-18 (c) This section does not apply to a state program that:
2-19 (1) is not funded with appropriated money; and
2-20 (2) the state agency administers in a trustee or
2-21 custodial capacity.
2-22 Sec. 753.004. APPROPRIATION FOR FEDERALLY MANDATED PROGRAM.
2-23 (a) In appropriating money for a state program described by
2-24 Section 753.003, the legislature shall exercise a critical view
2-25 toward the interpretation of the applicable federal statute in any
2-26 applicable federal regulation, guideline, or policy. The
2-27 legislature may not appropriate money for the program unless the
3-1 legislature determines that:
3-2 (1) federal constitutional authority exists for the
3-3 federal mandate;
3-4 (2) state law authority exists for the state program;
3-5 and
3-6 (3) the state program:
3-7 (A) is necessary to protect the public health,
3-8 safety, or welfare;
3-9 (B) is necessary to implement the federal
3-10 statute;
3-11 (C) benefits the state by providing for
3-12 cost-effective implementation of the federal statute by this state,
3-13 political subdivisions of this state, or businesses in this state;
3-14 or
3-15 (D) benefits this state, political subdivisions
3-16 of this state, and businesses in this state by providing a
3-17 cost-effective means to meet a public health, safety, or welfare
3-18 standard established by state law that is higher than the federal
3-19 standard.
3-20 (b) A state agency that administers a state program
3-21 described by Section 753.003 shall include in its request for
3-22 appropriations the program citations to the federal constitutional
3-23 provisions and state laws that authorize the program. The
3-24 Legislative Budget Board shall examine the budget request and
3-25 determine whether additional state statutory authority is required
3-26 to implement the state program. The board shall report its
3-27 determination to the legislature.
4-1 (c) The Legislative Budget Board shall require a state
4-2 agency that administers a state program described by Section
4-3 753.003 to provide information relating to any cost savings or
4-4 reduction in regulatory burden that could be achieved by developing
4-5 state policies that meet the intent of the federal statute but do
4-6 not necessarily comply with all applicable federal regulations,
4-7 guidelines, and policies. The state agency shall advise the board
4-8 of any changes in state statutes that would be necessary to allow
4-9 the agency to implement the program at reduced cost or with a
4-10 reduced regulatory burden. The board shall review information
4-11 received under this subsection and make any related recommendations
4-12 to the legislature.
4-13 Sec. 753.005. FEDERAL MANDATE STUDY. (a) The attorney
4-14 general, in cooperation with any office or agency of the
4-15 legislative branch as determined by the speaker of the house and
4-16 lieutenant governor, shall conduct a study of the following
4-17 matters:
4-18 (1) identification of federal mandates expressing
4-19 broad federal policies that would best be implemented
4-20 state-by-state or that could be resisted because of the unique
4-21 circumstances that are present in each state and because of the
4-22 unnecessary burdens that are created by federal regulations and
4-23 policies;
4-24 (2) legal theories that support the right of each
4-25 state to implement or oppose federal mandates pursuant to the
4-26 state's own policies;
4-27 (3) practical methods, including the enactment of
5-1 state legislation, by which this state may fully exercise its
5-2 authority in the implementation of federal mandates;
5-3 (4) recommendations regarding federal legislation that
5-4 would ensure that the states have the necessary authority to
5-5 implement federal directives in a manner that is consistent with
5-6 state policy and is suited to the needs of each state; and
5-7 (5) possible funding sources for federal mandate
5-8 efforts and opportunities for this state to match other funding
5-9 sources or to cooperate with other entities in working towards
5-10 federal mandate solutions.
5-11 (b) In performing the study, the attorney general shall
5-12 consult with experts in the subject of federalism and federal
5-13 mandates, including:
5-14 (1) experts at public or private institutions of
5-15 higher education;
5-16 (2) attorneys in private practice who have researched
5-17 federal mandates or been involved in related litigation; and
5-18 (3) organizations and foundations that have an
5-19 interest in federalism and the imposition of federal mandates on
5-20 states and local governments.
5-21 (c) The attorney general shall report the findings of the
5-22 study to the legislature not later than October 1, 1996.
5-23 SECTION 2. This Act takes effect September 1, 1995.
5-24 SECTION 3. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended.