By Smith                                              H.B. No. 2650
         76R3123 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the adoption of unfunded state mandates on political
 1-3     subdivisions by the legislature.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 320, Government Code, is amended by
 1-6     adding Section 320.005 to read as follows:
 1-7           Sec. 320.005.  ADOPTION OF UNFUNDED MANDATES BY THE
 1-8     LEGISLATURE.  (a)  The legislature may not adopt a state mandate
 1-9     unless the mandate is approved by a two-thirds record vote of the
1-10     members elected to each house.
1-11           (b)  This section does not apply to a mandate that:
1-12                 (1)  is imposed by the legislature or a state agency to
1-13     comply with a requirement of the Texas Constitution, federal law,
1-14     or a court order;
1-15                 (2)  creates a criminal offense or changes the elements
1-16     of a criminal offense;
1-17                 (3)  is approved by the voters of this state at a
1-18     general election; or
1-19                 (4)  appropriates or otherwise provides for the payment
1-20     or reimbursement of the costs incurred in the calendar year by a
1-21     political subdivision to comply with the mandate from a source
1-22     other than revenue of the political subdivision.
1-23           SECTION 2.  This Act takes effect January 1, 2000, but only
1-24     if the constitutional amendment proposed by the 76th Legislature,
 2-1     Regular Session, 1999, allowing the legislature to establish a
 2-2     procedure under which the legislature may not adopt a state mandate
 2-3     that requires the expenditure of funds by a political subdivision
 2-4     is approved by the voters. If that amendment is not approved by the
 2-5     voters, this Act has no effect.
 2-6           SECTION 3.  The importance of this legislation and the
 2-7     crowded condition of the calendars in both houses create an
 2-8     emergency and an imperative public necessity that the
 2-9     constitutional rule requiring bills to be read on three several
2-10     days in each house be suspended, and this rule is hereby suspended.