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Floor Packet Page No. 239                                                   



	

Amend proposed CSHB 3 as follows:                                            



(1)  In SECTION 1B.01 of the bill, proposed Section 403.351, 	Government Code, strike "DEFINITIONS." and substitute "CALCULATION 

OF AVAILABLE STATE REVENUE AND INCREASE IN AVAILABLE STATE REVENUE.  

(a)".

	(2)  In SECTION 1B.01 of the bill, proposed Section 403.351, 

Government Code, between Subdivisions (1) and (2), insert the 

following and renumber Subdivision (2) of the section as 

Subdivision (3):

		(2)  "Federal mandate" means a statutory provision that 

is enacted by the United States Congress, or a regulation or order 

implementing a federal statute that is prescribed or issued by a 

federal officer or federal agency in the executive branch of the 

federal government, and that requires this state to establish, 

expand, or change an activity in a way that requires an expenditure 

of revenue that would not have been required in the absence of the 

statutory provision, regulation, or order.

	(3)  In SECTION 1B.01 of the bill, following proposed Section 

403.351(2), Government Code, insert the following:

	(b)  For purposes of this section, a federal mandate is 

considered to be unfunded during any period for which the federal 

government has not provided, by appropriation or otherwise, for 

this state to receive federal funds in an amount estimated to be 

sufficient to meet the cost of complying with or implementing the 

mandate.  If the United States Congress provides for funds by 

authorizing or requiring this state to collect a regulatory or user 

fee that the federal government will impose or that this state is 

authorized to impose on persons who engage in an activity that is 

the subject of or is directly connected to the subject of the 

federal mandate, the anticipated revenue from the fee is considered 

for purposes of this section to be funds provided by the federal 

government to pay for the costs of the federal mandate.

	(c)  Subsection (b) does not apply to:                                  

		(1)  a federal mandate the existence of which is 

necessary for compliance with a requirement of the United States 

Constitution or a court order;

		(2)  a federal law that creates a criminal offense or 

changes the elements of a criminal offense; or

		(3)  a decision or order by a federal officer or federal 

agency that requires this state to comply with, or that sanctions 

this state for failure to comply with, a law, regulation, or order 

that is not an unfunded federal mandate to which Subsection (b) 

applies.

	(d)  For purposes of this section, available state revenue 

excludes the amount of state revenue, other than federal funds or 

revenue that, under a provision of the Texas Constitution, may be 

used only for a particular purpose, that this state is required to 

spend to comply with or implement an unfunded federal mandate.

	(e)  In the statement required by Section 49a, Article III, 

Texas Constitution, in advance of a regular session of the 

legislature, the comptroller shall include a description of each 

unfunded federal mandate and the estimated amount of state revenue, 

other than federal funds or revenue that, under a provision of the 

Texas Constitution, may be used only for a particular purpose, that 

is required to be spent to comply with or implement the mandate.

	(f)  In calculating the increase in available state revenue 

for purposes of this section, the comptroller shall adjust the 

estimate made by the comptroller in advance of a regular session of 

the legislature under Section 49a(a), Article III, Texas 

Constitution, of available state revenue for the succeeding state 

fiscal biennium:

		(1)  to reflect the change in the purchasing power of 

the dollar since the date of the preceding estimate made by the 

comptroller under that subsection, using the average of:

			(A)  the consumer price index, as published by the 

Bureau of Labor Statistics of the United States Department of 

Labor, that measures the change in the price of medical care 

services purchased by urban wage earners and clerical workers 

(CPI-W: Seasonally Adjusted U.S. City Average--Medical Care 

Services); and

			(B)  the consumer price index, as published by the 

Bureau of Labor Statistics of the United States Department of 

Labor, that measures the change in the price of education purchased 

by urban wage earners and clerical workers (CPI-W: Seasonally 

Adjusted U.S. City Average--Education); and

		(2)  to account for the percentage change in the 

population of the state determined by the most recent decennial 

census or the most recent official population estimate of the 

United States Department of Commerce Bureau of the Census as 

compared to the population two years before that census or 

estimate.