By Shapleigh S.B. No. 314
75R2450 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing certain entities relief from the local share
1-3 requirement of a program providing state or federal matching funds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 7, Government Code, is amended by adding
1-6 Chapter 743 to read as follows:
1-7 CHAPTER 743. RELIEF FROM LOCAL SHARE REQUIREMENT FOR
1-8 PROGRAM INVOLVING MATCHING FUNDS
1-9 Sec. 743.001. RELIEF BY STATE AGENCY. A state agency may,
1-10 to the extent allowed by federal law and the state constitution,
1-11 waive, reduce, delay, allow in-kind contributions, or otherwise
1-12 provide relief to an entity from the local share requirement of a
1-13 program offering state or federal matching funds if the entity
1-14 applies for relief and the agency determines that the applicant
1-15 qualifies for hardship status under this chapter.
1-16 Sec. 743.002. APPLICATION FOR RELIEF. A political
1-17 subdivision, or a public or private entity in a political
1-18 subdivision, seeking relief under Section 743.001 may make an
1-19 application to the state agency that has authority over the money
1-20 sought. The application must be made on a form prescribed by the
1-21 budget and planning division of the governor's office.
1-22 Sec. 743.003. CRITERIA FOR RELIEF. The budget and planning
1-23 division of the governor's office shall adopt rules to be used in
1-24 determining whether an applicant qualifies for hardship status
2-1 under Section 743.001. In determining hardship status, the rules
2-2 shall require the applicant to show that:
2-3 (1) a critical need exists for the funding and the
2-4 services the applicant proposes to provide;
2-5 (2) the political subdivision in which the applicant
2-6 intends to provide services is exercising a significant tax effort;
2-7 and
2-8 (3) two or more of the following conditions apply,
2-9 relative to the state as a whole, to the political subdivision in
2-10 which the applicant intends to provide services:
2-11 (A) high unemployment;
2-12 (B) high poverty;
2-13 (C) low per capita income; or
2-14 (D) low per capita tax yield.
2-15 Sec. 743.004. LIMITATIONS ON GRANTING RELIEF. During any
2-16 state fiscal year a state agency may not grant more than two
2-17 applications for relief under this chapter to any political
2-18 subdivision. During any state fiscal year a state agency may not
2-19 grant more than one application for relief under this chapter to
2-20 any public or private entity other than a political subdivision.
2-21 SECTION 2. This Act takes effect September 1, 1997.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.