By Cuellar of Webb                                      H.B. No. 66

      75R507 CAG-D                           

                                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     and

1-22                 (4)  the comptroller.

1-23           (b)  A member of the interagency work group is not entitled

1-24     to additional compensation for service on the work group.

 2-1           (c)  A member of the interagency work group may use any

 2-2     person employed by the member's agency to complete the member's

 2-3     work on the interagency work group.

 2-4           (d)  The members of the interagency work group may enter into

 2-5     an interagency memorandum of understanding regarding the completion

 2-6     of the work required by this chapter.

 2-7           (e)  The interagency work group shall:

 2-8                 (1)  compile a list of unfunded mandates under the

 2-9     requirements of Section 320.003; and

2-10                 (2)  present, at the time of each regular legislative

2-11     session, to the legislature and governor a report on the unfunded

2-12     mandates scheduled to be reviewed under Section 320.004.

2-13           Sec. 320.003.  LIST OF UNFUNDED MANDATES.  (a) On or before

2-14     the September 1 following a regular session of the legislature and

2-15     on or before the 90th day after the last day of a special session

2-16     of the legislature, the interagency work group shall publish a list

2-17     of mandates for which the legislature has not provided

2-18     reimbursement under Subsection (b) and that were enacted by the

2-19     legislature during that legislative session.  By that same date the

2-20     interagency work group shall remove from the list of mandates for a

2-21     previous legislative session those mandates for which the

2-22     legislature has provided reimbursement under Subsection (b), those

2-23     that are no longer subject to reimbursement, and those that are no

2-24     longer in effect.

2-25           (b)  A mandate is considered to be a mandate for which the

2-26     legislature has provided reimbursement if the legislature:

2-27                 (1)  by statute enacted by a record vote of two-thirds

 3-1     of the members elected to each house expressly provides that the

 3-2     mandate is not subject to reimbursement under this section; or

 3-3                 (2)  appropriates or otherwise provides for the payment

 3-4     or reimbursement from a source other than revenue of the political

 3-5     subdivision of the costs incurred in the calendar year by the

 3-6     political subdivision in complying with the mandate.

 3-7           (c)  This section does not apply to a mandate:

 3-8                 (1)  not included in the appropriate list of mandates

 3-9     published by the interagency work group under this section;

3-10                 (2)  imposed by the legislature or a state agency to

3-11     comply with a requirement of the Texas Constitution, federal law,

3-12     or court order;

3-13                 (3)  creating a new criminal offense or changing the

3-14     elements of a criminal offense; or

3-15                 (4)  approved by the voters of this state at a general

3-16     election.

3-17           Sec. 320.004.  REVIEW OF UNFUNDED MANDATES.  (a) Before

3-18     September 1 of the even-numbered year before the fifth anniversary

3-19     of the date of enactment of a mandate identified by the interagency

3-20     work group under Section 320.003, the interagency work group shall:

3-21                 (1)  review the legislative history of the mandate;

3-22                 (2)  conduct an evaluation on the benefits of the

3-23     mandate and the costs of the mandate on affected political

3-24     subdivisions; and

3-25                 (3)  present a written report to the legislature and

3-26     the governor on the interagency work group's findings.

3-27           (b)  During the regular session immediately following the

 4-1     issuance of a report under Subsection (a), the legislature by law

 4-2     may continue the mandate for a period not to exceed five years,

 4-3     repeal the mandate, or take no action on the mandate.

 4-4           SECTION 2.  The importance of this legislation and the

 4-5     crowded condition of the calendars in both houses create an

 4-6     emergency and an imperative public necessity that the

 4-7     constitutional rule requiring bills to be read on three several

 4-8     days in each house be suspended, and this rule is hereby suspended,

 4-9     and that this Act take effect and be in force from and after its

4-10     passage, and it is so enacted.