79R749 PAM-D

By:  Hilderbran                                                   H.B. No. 115



A BILL TO BE ENTITLED

AN ACT

relating to compliance by political subdivisions with unfunded 
legislative mandates.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 322, Government Code, is amended by 
adding Section 322.019 to read as follows:
	Sec. 322.019.  UNFUNDED LEGISLATIVE MANDATES.  (a)  In this 
section, "legislative mandate" has the meaning assigned by Section 
67, Article III, Texas Constitution.
	(b)  On or before the September 1 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			(B)  that is no longer in effect; and                                 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.
	(e)  This section does not apply to a legislative mandate to 
which Section 67, Article III, does not apply.
	SECTION 2.  Chapter 320, Government Code, is repealed.                         
	SECTION 3.  This Act takes effect January 1, 2006, but only 
if the constitutional amendment proposed by the 79th Legislature, 
Regular Session, 2005, providing that political subdivisions are 
exempt from unfunded legislative mandates, is approved by the 
voters.  If that amendment is not approved by the voters, this Act 
has no effect.