By Bivins S.J.R. No. 8
74R885 CAG-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to provide for state funding
1-2 of new legislative mandates on local governments.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article III of the Texas Constitution is amended
1-5 by adding Section 66 to read as follows:
1-6 Sec. 66. (a) A political subdivision of this state is
1-7 entitled to be reimbursed from the general revenue fund in the
1-8 state treasury for the costs incurred in a calendar year by the
1-9 political subdivision to comply with any state mandate enacted on
1-10 or after January 1, 1996, unless the legislature:
1-11 (1) by statute enacted by a record vote of two-thirds
1-12 of the members elected to each house expressly provides that the
1-13 mandate is not subject to reimbursement under this section; or
1-14 (2) appropriates or otherwise provides for the payment
1-15 or reimbursement from a source other than revenue of the political
1-16 subdivision of the costs incurred in the calendar year by the
1-17 political subdivision in complying with the state mandate.
1-18 (b) In this section, "state mandate" means a requirement
1-19 made by a statute enacted by the legislature that requires a
1-20 political subdivision to establish, expand, or modify an activity
1-21 in a way that requires the expenditure of revenue by the political
1-22 subdivision that would not have been required in the absence of the
1-23 statutory provision.
1-24 (c) On or before the next September 1 following a regular
2-1 session of the legislature or the 90th day after the last date of a
2-2 special session of the legislature, the comptroller of public
2-3 accounts shall publish a list of the mandates enacted by the
2-4 legislature during that legislative session the costs of which are
2-5 reimbursable under Subsection (a) of this section. By that same
2-6 date the comptroller shall remove from the list of reimbursable
2-7 mandates for a previous legislative session those mandates for
2-8 which the legislature has provided for reimbursement under
2-9 Subsection (g) of this section, those that the legislature has
2-10 provided are no longer subject to reimbursement, or those that are
2-11 no longer in effect. Not later than the 60th day after the last
2-12 date on which the comptroller is authorized to publish the list for
2-13 a legislative session, a political subdivision may petition the
2-14 comptroller to include on the list additional provisions enacted at
2-15 the applicable legislative session or to retain a mandate on the
2-16 list from a previous legislative session. If the comptroller
2-17 refuses to grant the petition of a political subdivision, the
2-18 political subdivision, not later than the 60th day after the date
2-19 on which it submitted the petition to the comptroller, may bring an
2-20 action in the district court of Travis County to require the
2-21 comptroller to act in accordance with the petition. The court may
2-22 not reverse the comptroller's action unless the political
2-23 subdivision establishes by clear and convincing evidence that the
2-24 decision of the comptroller is erroneous. The decision of the
2-25 district court may be appealed in the manner provided by law for
2-26 civil suits generally.
2-27 (d) For purposes of this section, costs incurred to comply
3-1 with a rule adopted by a state agency to implement a state mandate
3-2 or a judicial decision interpreting or applying a state mandate are
3-3 reimbursable in the same manner as other costs incurred to comply
3-4 with that state mandate, if those costs are required to be
3-5 reimbursed under this section.
3-6 (e) This section does not apply to a state mandate:
3-7 (1) not included in the appropriate list of mandates
3-8 published by the comptroller of public accounts under this section;
3-9 (2) imposed by the legislature or a state agency to
3-10 comply with a requirement of the Texas Constitution or federal law;
3-11 (3) creating a new criminal offense or changing the
3-12 elements of a criminal offense; or
3-13 (4) approved by the voters of this state at a general
3-14 election.
3-15 (f) To receive a reimbursement to which it is entitled under
3-16 Subsection (a) of this section, the governing body of the political
3-17 subdivision must apply to the comptroller of public accounts not
3-18 later than March 1 of the year following the year in which the
3-19 reimbursable expense was incurred. The application must provide
3-20 evidence of the costs incurred by the political subdivision in
3-21 complying with the mandate. A political subdivision is not
3-22 eligible for reimbursement under this subsection unless it complies
3-23 or in good faith attempts to comply with the mandate in the year
3-24 for which the reimbursement is sought. The comptroller shall pay
3-25 the amount of the costs the comptroller determines were directly
3-26 incurred in complying with the mandate not later than the end of
3-27 the calendar year in which the governing body applies for
4-1 reimbursement. Not later than March 1 of the year after the year
4-2 in which application is made, the political subdivision may appeal
4-3 a decision of the comptroller not to pay an amount applied for, or
4-4 to pay less than the amount applied for, to the district court of
4-5 Travis County. The court may not reverse the comptroller's
4-6 decision unless the political subdivision establishes by clear and
4-7 convincing evidence that the decision of the comptroller is
4-8 erroneous. The decision of the district court may be appealed in
4-9 the manner provided by law for civil suits generally.
4-10 (g) The legislature by general law may provide for the
4-11 payment of reimbursements required by this section according to
4-12 formulas or other methods that eliminate the requirement that each
4-13 political subdivision apply for an annual reimbursement. If the
4-14 legislature provides for reimbursement of a mandate under this
4-15 section, the amount of the reimbursement paid to a political
4-16 subdivision is not subject to legal challenge or judicial review.
4-17 SECTION 2. This proposed constitutional amendment shall be
4-18 submitted to the voters at an election to be held November 7, 1995.
4-19 The ballot shall be printed to permit voting for or against the
4-20 proposition: "The constitutional amendment to require the
4-21 legislature to provide revenue to local governments to pay for new
4-22 programs and duties imposed by the legislature in order to reduce
4-23 the need for local tax increases."