By Pitts H.B. No. 223
75R1201 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring adequate state funding of mandates on
1-3 political subdivisions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 3, Government Code, is amended
1-6 by adding Chapter 320 to read as follows:
1-7 CHAPTER 320. MANDATES ON LOCAL GOVERNMENTS
1-8 Sec. 320.001. DEFINITIONS. In this chapter:
1-9 (1) "Mandate" means:
1-10 (A) a state statutory provision that requires a
1-11 political subdivision to establish, expand, modify, or review an
1-12 activity in a way that requires the expenditure of revenue by the
1-13 political subdivision that would not have been required in the
1-14 absence of the statutory provision;
1-15 (B) a rule adopted by a state agency to
1-16 implement a statutory state mandate; or
1-17 (C) a judicial decision interpreting or applying
1-18 a state mandate established by statute or rule.
1-19 (2) "Political subdivision" means a municipality,
1-20 county, or other subdivision of state government that has
1-21 jurisdiction over a portion of the state, has a governing body
1-22 composed of elected officials, and has the power to assess and
1-23 collect taxes.
1-24 Sec. 320.002. ENFORCEMENT OF ADEQUATELY FUNDED STATE
2-1 MANDATE. (a) A political subdivision does not have to comply
2-2 with or otherwise enforce a mandate if the comptroller determines
2-3 that the level of funding provided by the state or the federal
2-4 government is not adequate to provide for the establishment,
2-5 expansion, modification, or review of an activity that is the
2-6 subject of the mandate.
2-7 (b) The level of funding provided by the state or federal
2-8 government is presumed adequate if the comptroller determines that
2-9 the state or federal government has provided or will provide a
2-10 political subdivision with at least 50 percent of the amount of
2-11 money necessary for the political subdivision to effectively
2-12 undertake the activity that is the subject of 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 comptroller under Section 320.003;
2-16 (2) imposed by the legislature or a state agency to
2-17 comply with a requirement of the Texas Constitution or federal law;
2-18 (3) creating a new criminal offense or changing the
2-19 elements of a criminal offense; or
2-20 (4) approved by the voters of this state at a general
2-21 election.
2-22 Sec. 320.003. LIST OF MANDATES. (a) On or before the next
2-23 September 1 following a regular session of the legislature or the
2-24 90th day after the last day of a special session of the
2-25 legislature, the comptroller shall publish a list of the mandates
2-26 enacted by the legislature during that legislative session with
2-27 which a political subdivision does not have to comply under Section
3-1 320.002(a). By that same date the comptroller shall remove from
3-2 the list of mandates for a previous legislative session those
3-3 mandates that are no longer in effect.
3-4 (b) Not later than the 60th day after the last day on which
3-5 the comptroller is authorized to publish the list for a legislative
3-6 session, a political subdivision may petition the comptroller to
3-7 include on the list additional provisions enacted at the applicable
3-8 legislative session or to retain a mandate on the list from a
3-9 previous legislative session.
3-10 (c) If the comptroller refuses to grant the petition of a
3-11 political subdivision, the political subdivision, not later than
3-12 the 60th day after the date on which it submitted the petition to
3-13 the comptroller, may bring an action in the district court of
3-14 Travis County to require the comptroller to act in accordance with
3-15 the petition.
3-16 (d) The court may not reverse the comptroller's action
3-17 unless the political subdivision establishes by clear and
3-18 convincing evidence that the decision of the comptroller is
3-19 erroneous. The decision of the district court may be appealed in
3-20 the manner provided by law for civil suits generally.
3-21 SECTION 2. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.