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.