By Cuellar, Pitts, et al. H.B. No. 66 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to unfunded state mandates on political subdivisions. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle B, Title 3, Government Code, is amended 1-5 by adding Chapter 320 to read as follows: 1-6 CHAPTER 320. UNFUNDED MANDATES ON POLITICAL SUBDIVISIONS 1-7 Sec. 320.001. DEFINITIONS. In this chapter: 1-8 (1) "Interagency work group" means the unfunded 1-9 mandates interagency work group. 1-10 (2) "State mandate" means a requirement made by a 1-11 statute enacted by the legislature on or after January 1, 1997, 1-12 that requires a political subdivision to establish, expand, or 1-13 modify an activity in a way that requires the expenditure of 1-14 revenue by the political subdivision that would not have been 1-15 required in the absence of the statutory provision. 1-16 Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP. (a) 1-17 The unfunded mandates interagency work group consists of: 1-18 (1) the state auditor; 1-19 (2) the director of the Legislative Budget Board; 1-20 (3) the director of the Sunset Advisory Commission; 1-21 (4) the comptroller; 1-22 (5) a senator appointed by the lieutenant governor; 1-23 and 1-24 (6) a house member appointed by the speaker of the 2-1 house of representatives. 2-2 (b) A member of the interagency work group is not entitled 2-3 to additional compensation for service on the work group. 2-4 (c) A member of the interagency work group may use any 2-5 person employed by the member's agency to complete the member's 2-6 work on the interagency work group. 2-7 (d) The members of the interagency work group may enter into 2-8 an interagency memorandum of understanding regarding the completion 2-9 of the work required by this chapter. 2-10 (e) The interagency work group shall: 2-11 (1) compile a list of unfunded mandates under the 2-12 requirements of Section 320.003; and 2-13 (2) present, at the time of each regular legislative 2-14 session, to the legislature and governor a report on the unfunded 2-15 mandates scheduled to be reviewed under Section 320.004. 2-16 Sec. 320.003. LIST OF UNFUNDED MANDATES. (a) On or before 2-17 the September 1 following a regular session of the legislature and 2-18 on or before the 90th day after the last day of a special session 2-19 of the legislature, the interagency work group shall publish a list 2-20 of mandates for which the legislature has not provided 2-21 reimbursement under Subsection (b) and that were enacted by the 2-22 legislature during that legislative session. By that same date the 2-23 interagency work group shall remove from the list of mandates for a 2-24 previous legislative session those mandates for which the 2-25 legislature has provided reimbursement under Subsection (b), those 2-26 that are no longer subject to reimbursement, and those that are no 2-27 longer in effect. 3-1 (b) A mandate is considered to be a mandate for which the 3-2 legislature has provided reimbursement if the legislature: 3-3 (1) by statute enacted by a record vote of two-thirds 3-4 of the members elected to each house expressly provides that the 3-5 mandate is not subject to reimbursement under this section; or 3-6 (2) appropriates or otherwise provides for the payment 3-7 or reimbursement, from a source other than revenue of the political 3-8 subdivision, of the costs incurred in the calendar year by the 3-9 political subdivision in complying with the mandate. 3-10 (c) This section does not apply to a mandate: 3-11 (1) not included in the appropriate list of mandates 3-12 published by the interagency work group under this section; 3-13 (2) imposed by the legislature or a state agency to 3-14 comply with a requirement of the Texas Constitution, federal law, 3-15 or a court order or to maximize the receipt of federal funds by the 3-16 state in areas such as education, health and human services, and 3-17 criminal justice; or 3-18 (3) approved by the voters of this state at a general 3-19 election. 3-20 Sec. 320.004. REVIEW OF UNFUNDED MANDATES. (a) Before 3-21 September 1 of the even-numbered year before the third anniversary 3-22 of the date of enactment of a mandate identified by the interagency 3-23 work group under Section 320.003, the interagency work group shall: 3-24 (1) review the legislative history of the mandate; 3-25 (2) conduct an evaluation on the benefits of the 3-26 mandate and the costs of the mandate on affected political 3-27 subdivisions; and 4-1 (3) present a written report to the legislature and 4-2 the governor on the interagency work group's findings. 4-3 (b) During the regular session immediately following the 4-4 issuance of a report under Subsection (a), the legislature by law 4-5 may continue the mandate for a period not to exceed three years, by 4-6 law may repeal the mandate, or may take no action on the mandate. 4-7 SECTION 2. The importance of this legislation and the 4-8 crowded condition of the calendars in both houses create an 4-9 emergency and an imperative public necessity that the 4-10 constitutional rule requiring bills to be read on three several 4-11 days in each house be suspended, and this rule is hereby suspended, 4-12 and that this Act take effect and be in force from and after its 4-13 passage, and it is so enacted.