79R2220 JSA-D

By:  Homer                                                        H.B. No. 2103



A BILL TO BE ENTITLED

AN ACT

relating to the expiration of unfunded legislative mandates on 
local governments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 320, Government Code, is amended by 
adding Section 320.002 to read as follows:
	Sec. 320.002.  UNFUNDED MANDATES INTERAGENCY WORK GROUP.  
(a)  The unfunded mandates interagency work group consists of:
		(1)  the state auditor;                                                
		(2)  the director of the Legislative Budget Board;                     
		(3)  the comptroller;                                                  
		(4)  a senator appointed by the lieutenant governor;                   
		(5)  a house member appointed by the speaker of the 
house of representatives;
		(6)  one officer or employee of a political subdivision 
appointed by the lieutenant governor; and
		(7)  one officer or employee of a political subdivision 
appointed by the speaker of the house of representatives.
	(b)  An appointed member of the interagency work group serves 
at the pleasure of the appointing authority.
	(c)  A member of the interagency work group is not entitled 
to additional compensation for service on the work group.
	(d)  A member of the interagency work group may use a person 
employed by the member or by the member's agency or political 
subdivision to assist the interagency work group in performing its 
duties.
	(e)  The members of the interagency work group may enter into 
a memorandum of understanding regarding the members' work under 
this chapter.
	SECTION 2.  Section 320.004, Government Code, is amended to 
read as follows: 
	Sec. 320.004.  REVIEW OF UNFUNDED MANDATES; EXPIRATION OF 
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 interagency work group under Section 320.003, the 
interagency work group 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 interagency work group'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.  
The legislature may continue a mandate either by general law or by 
identifying the mandate in the General Appropriations Act and 
providing a mechanism to provide grants to political subdivisions 
that may be used to comply with the mandates.  If the legislature 
does not continue or repeal the mandate, the mandate expires on 
September 1 following the regular session.  On and after that date, 
a political subdivision may but is not required to comply with the 
mandate.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.