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Floor Packet Page No. 192                                                   



	

Amend HB 2 as follows:                                                       

	(1)  In ARTICLE 2, PART C, insert the following 

appropriately-numbered SECTION to read as follows:

	"SECTION 2C. __. Chapter 322, Government Code, is amended by 

adding Section 322.019 and Section 322.020 to read as follows:

	Sec. 322.019.  UNFUNDED LEGISLATIVE MANDATES. (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)  On or before the September 1st following a regular 

session of the legislature and on or before the 90th day after the 

last day of a special session of the legislature, the board shall 

publish a list of legislative mandates for which the legislature 

has not provided reimbursement as provided by Subsection (c) and 

that were enacted by the legislature during that legislative 

session. By that same date the board shall:

		(1)  remove from the list of legislative mandates for a 

previous legislative session a legislative mandate:

			(A)  for which the legislature has provided 

reimbursement as provided by Subsection (c); or

			(B)  that is no longer in effect; and                                 

		(2)  add to the list a legislative mandate from a 

previous legislative session for which reimbursement was provided 

as provided by Subsection (c) in the previous session but for which 

reimbursement was not provided in the most recent regular session 

or in any subsequent special session.

	(c)  A legislative mandate is considered to be a mandate for 

which the legislature has provided reimbursement if the legislature 

appropriates or otherwise provides funds for a state fiscal year, 

other than revenue of the political subdivision, estimated to be 

sufficient to meet the cost incurred by all affected political 

subdivisions in the fiscal year of financing the expenditure.

	(d)  The board shall deliver the list prepared under 

Subsection (b) to the secretary of state for publication in the 

Texas Register.

	Sec. 322.020. REVIEW OF UNFUNDED LEGISLATIVE MANDATES. (a)  

Before September 1 of the even-numbered year before the third 

anniversary of the date of enactment of a mandate identified by the 

board under Section 322.019, the board shall:

		(1)  review the legislative history of the mandate;                    

		(2)  conduct an evaluation on the benefits of the 

mandate and the costs of the mandate on affected political 

subdivisions; and

		(3)  present a written report to the legislature and the 

governor on the board's findings.

	(b)  During the regular session immediately following the 

issuance of a report under Subsection (a), the legislature by law 

may continue the mandate for a period not to exceed three years, by 

law may repeal the mandate, or may take no action on the mandate.

	(2)  On page 410, line 13, strike "is" and substitute "and 

Chapter 320, Government Code, are".