1-1 By: Cuellar, Pitts, et al. H.B. No. 66 1-2 (Senate Sponsor - Zaffirini) 1-3 (In the Senate - Received from the House May 12, 1997; 1-4 May 13, 1997, read first time and referred to Committee on State 1-5 Affairs; May 18, 1997, reported favorably, as amended, by the 1-6 following vote: Yeas 11, Nays 0; May 18, 1997, sent to printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Armbrister 1-8 Amend H.B. 66, in Section 320.002 (engrossed version, page 1, line 1-9 36) by striking all of subdivision (3) and renumbering the 1-10 subsequent subdivisions accordingly. 1-11 COMMITTEE AMENDMENT NO. 2 By: Carona 1-12 Amend H.B. 66, in Section 320.003 (engrossed version) as follows: 1-13 (1) On page 2, line 23, strike "or". 1-14 (2) On page 2, line 25, strike "." and insert "; or 1-15 (4) affecting employee pensions and benefits." 1-16 A BILL TO BE ENTITLED 1-17 AN ACT 1-18 relating to unfunded state mandates on political subdivisions. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. Subtitle B, Title 3, Government Code, is amended 1-21 by adding Chapter 320 to read as follows: 1-22 CHAPTER 320. UNFUNDED MANDATES ON POLITICAL SUBDIVISIONS 1-23 Sec. 320.001. DEFINITIONS. In this chapter: 1-24 (1) "Interagency work group" means the unfunded 1-25 mandates interagency work group. 1-26 (2) "State mandate" means a requirement made by a 1-27 statute enacted by the legislature on or after January 1, 1997, 1-28 that requires a political subdivision to establish, expand, or 1-29 modify an activity in a way that requires the expenditure of 1-30 revenue by the political subdivision that would not have been 1-31 required in the absence of the statutory provision. 1-32 Sec. 320.002. UNFUNDED MANDATES INTERAGENCY WORK GROUP. (a) 1-33 The unfunded mandates interagency work group consists of: 1-34 (1) the state auditor; 1-35 (2) the director of the Legislative Budget Board; 1-36 (3) the director of the Sunset Advisory Commission; 1-37 (4) the comptroller; 1-38 (5) a senator appointed by the lieutenant governor; 1-39 and 1-40 (6) a house member appointed by the speaker of the 1-41 house of representatives. 1-42 (b) A member of the interagency work group is not entitled 1-43 to additional compensation for service on the work group. 1-44 (c) A member of the interagency work group may use any 1-45 person employed by the member's agency to complete the member's 1-46 work on the interagency work group. 1-47 (d) The members of the interagency work group may enter into 1-48 an interagency memorandum of understanding regarding the completion 1-49 of the work required by this chapter. 1-50 (e) The interagency work group shall: 1-51 (1) compile a list of unfunded mandates under the 1-52 requirements of Section 320.003; and 1-53 (2) present, at the time of each regular legislative 1-54 session, to the legislature and governor a report on the unfunded 1-55 mandates scheduled to be reviewed under Section 320.004. 1-56 Sec. 320.003. LIST OF UNFUNDED MANDATES. (a) On or before 1-57 the September 1 following a regular session of the legislature and 1-58 on or before the 90th day after the last day of a special session 1-59 of the legislature, the interagency work group shall publish a list 1-60 of mandates for which the legislature has not provided 1-61 reimbursement under Subsection (b) and that were enacted by the 1-62 legislature during that legislative session. By that same date the 1-63 interagency work group shall remove from the list of mandates for a 1-64 previous legislative session those mandates for which the 2-1 legislature has provided reimbursement under Subsection (b), those 2-2 that are no longer subject to reimbursement, and those that are no 2-3 longer in effect. 2-4 (b) A mandate is considered to be a mandate for which the 2-5 legislature has provided reimbursement if the legislature: 2-6 (1) by statute enacted by a record vote of two-thirds 2-7 of the members elected to each house expressly provides that the 2-8 mandate is not subject to reimbursement under this section; or 2-9 (2) appropriates or otherwise provides for the payment 2-10 or reimbursement, from a source other than revenue of the political 2-11 subdivision, of the costs incurred in the calendar year by the 2-12 political subdivision in complying with the mandate. 2-13 (c) This section does not apply to a mandate: 2-14 (1) not included in the appropriate list of mandates 2-15 published by the interagency work group under this section; 2-16 (2) imposed by the legislature or a state agency to 2-17 comply with a requirement of the Texas Constitution, federal law, 2-18 or a court order or to maximize the receipt of federal funds by the 2-19 state in areas such as education, health and human services, and 2-20 criminal justice; or 2-21 (3) approved by the voters of this state at a general 2-22 election. 2-23 Sec. 320.004. REVIEW OF UNFUNDED MANDATES. (a) Before 2-24 September 1 of the even-numbered year before the third anniversary 2-25 of the date of enactment of a mandate identified by the interagency 2-26 work group under Section 320.003, the interagency work group shall: 2-27 (1) review the legislative history of the mandate; 2-28 (2) conduct an evaluation on the benefits of the 2-29 mandate and the costs of the mandate on affected political 2-30 subdivisions; and 2-31 (3) present a written report to the legislature and 2-32 the governor on the interagency work group's findings. 2-33 (b) During the regular session immediately following the 2-34 issuance of a report under Subsection (a), the legislature by law 2-35 may continue the mandate for a period not to exceed three years, by 2-36 law may repeal the mandate, or may take no action on the mandate. 2-37 SECTION 2. The importance of this legislation and the 2-38 crowded condition of the calendars in both houses create an 2-39 emergency and an imperative public necessity that the 2-40 constitutional rule requiring bills to be read on three several 2-41 days in each house be suspended, and this rule is hereby suspended, 2-42 and that this Act take effect and be in force from and after its 2-43 passage, and it is so enacted. 2-44 * * * * *