78S40789 BDH-D

By:  Hilderbran                                                 H.J.R. No. 14 



A JOINT RESOLUTION

proposing a constitutional amendment providing that political 
subdivisions are exempt from unfunded legislative mandates.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article III, Texas Constitution, is amended by 
adding Section 67 to read as follows:
	Sec. 67.  (a)  In this section, "legislative mandate" means 
a statutory provision enacted by the legislature that requires a 
political subdivision to establish, expand, or modify an activity 
in a way that requires an expenditure of revenue that would not have 
been required in the absence of the provision.
	(b)  For purposes of this section, a legislative mandate is 
considered to be unfunded during any period for which the 
legislature has not appropriated or otherwise provided funds, other 
than revenue of the political subdivision, estimated to be 
sufficient to meet the cost of financing the expenditure, as 
determined by law.
	(c)  A political subdivision is exempt from a legislative 
mandate during a period in which the mandate is unfunded. The 
legislature by general law shall authorize a state officer or state 
agency, which may include members of the legislature, to identify 
legislative mandates and determine whether a legislative mandate is 
considered unfunded for a specific period.
	(d)  This section does not apply to:                                    
		(1)  a legislative mandate enacted before January 1, 
2004;           
		(2)  a legislative mandate that is necessary to comply 
with a requirement of the Texas Constitution, federal law, or a 
court order; or
		(3)  a legislative mandate that creates a criminal 
offense or changes the elements of a criminal offense.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 2, 2004.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment providing that 
political subdivisions are exempt from unfunded legislative 
mandates."