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 comptroller;
1-21 (4) a senator appointed by the lieutenant governor;
1-22 and
1-23 (5) a house member appointed by the speaker of the
1-24 house of representatives.
2-1 (b) A member of the interagency work group is not entitled
2-2 to additional compensation for service on the work group.
2-3 (c) A member of the interagency work group may use any
2-4 person employed by the member's agency to complete the member's
2-5 work on the interagency work group.
2-6 (d) The members of the interagency work group may enter into
2-7 an interagency memorandum of understanding regarding the completion
2-8 of the work required by this chapter.
2-9 (e) The interagency work group shall:
2-10 (1) compile a list of unfunded mandates under the
2-11 requirements of Section 320.003; and
2-12 (2) present, at the time of each regular legislative
2-13 session, to the legislature and governor a report on the unfunded
2-14 mandates scheduled to be reviewed under Section 320.004.
2-15 Sec. 320.003. LIST OF UNFUNDED MANDATES. (a) On or before
2-16 the September 1 following a regular session of the legislature and
2-17 on or before the 90th day after the last day of a special session
2-18 of the legislature, the interagency work group shall publish a list
2-19 of mandates for which the legislature has not provided
2-20 reimbursement under Subsection (b) and that were enacted by the
2-21 legislature during that legislative session. By that same date the
2-22 interagency work group shall remove from the list of mandates for a
2-23 previous legislative session those mandates for which the
2-24 legislature has provided reimbursement under Subsection (b), those
2-25 that are no longer subject to reimbursement, and those that are no
2-26 longer in effect.
2-27 (b) A mandate is considered to be a mandate for which the
3-1 legislature has provided reimbursement if the legislature:
3-2 (1) by statute enacted by a record vote of two-thirds
3-3 of the members elected to each house expressly provides that the
3-4 mandate is not subject to reimbursement under this section; or
3-5 (2) appropriates or otherwise provides for the payment
3-6 or reimbursement, from a source other than revenue of the political
3-7 subdivision, of the costs incurred in the calendar year by the
3-8 political subdivision in complying with the mandate.
3-9 (c) This section does not apply to a mandate:
3-10 (1) not included in the appropriate list of mandates
3-11 published by the interagency work group under this section;
3-12 (2) imposed by the legislature or a state agency to
3-13 comply with a requirement of the Texas Constitution, federal law,
3-14 or a court order or to maximize the receipt of federal funds by the
3-15 state in areas such as education, health and human services, and
3-16 criminal justice;
3-17 (3) approved by the voters of this state at a general
3-18 election; or
3-19 (4) affecting employee pensions and benefits.
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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 66 was passed by the House on May 10,
1997, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 66 on May 22, 1997, by the following vote:
Yeas 145, Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 66 was passed by the Senate, with
amendments, on May 20, 1997, by the following vote: Yeas 26, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor