78R11726 AKH-D


By:  Lewis                                                      H.J.R. No. 91 

Substitute the following for H.J.R. No. 91:                                   

By:  Chisum                                                 C.S.H.J.R. No. 91 



A JOINT RESOLUTION

proposing a constitutional amendment allowing a state mandate 
imposed on a county to have effect only if the state provides for 
the payment to the county of the cost of the mandate.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article III, Texas Constitution, is amended by 
adding Section 66 to read as follows:
	Sec. 66.  (a)  A mandate adopted on or after January 1, 2004, 
by the legislature or by rule of a state agency that requires a 
county to establish, expand, or modify an activity in any way that 
requires the expenditure of revenue by the county that would not 
have been required in the absence of the statute or rule is 
effective only if the legislature appropriates or otherwise 
provides for payment or reimbursement to the county of the costs 
incurred by the county in complying with the requirement.
	(b)  This section does not apply to a mandate:                          
		(1)  imposed by the legislature or a state agency to 
comply with a requirement of this constitution, federal law, or a 
court order;
		(2)  approved by the voters of this state at a general 
election;     
		(3)  imposed by a statute enacted by a record vote of 
two-thirds of the members elected to each house that expressly 
provides that the mandate is not subject to this section; or
		(4)  estimated by the legislature or a legislative 
agency to have aggregated costs to be incurred by the counties of 
this state in complying with the mandate that exceed $1 million in a 
state fiscal year.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 4, 2003. 
The ballot shall be printed to permit voting for or against the 
proposition: "The constitutional amendment allowing a state 
mandate imposed on a county to have effect only if the state 
provides for the payment to the county of the cost of the mandate."