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.