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79R665 PAM-D
By: Hilderbran H.J.R. No. 20
A JOINT RESOLUTION
proposing a constitutional amendment providing that political
subdivisions are exempt from unfunded legislative mandates.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 67 to read as follows:
Sec. 67. (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) For purposes of this section, a legislative mandate is
considered to be unfunded during any period for which the
legislature has not appropriated or otherwise provided funds, other
than revenue of the political subdivision, estimated to be
sufficient to meet the cost of financing the expenditure, as
determined by law.
(c) A political subdivision is exempt from a legislative
mandate during a period in which the mandate is unfunded. The
legislature by general law shall authorize a state officer or state
agency, which may include members of the legislature, to identify
legislative mandates and determine whether a legislative mandate is
considered unfunded for a specific period.
(d) This section does not apply to:
(1) a legislative mandate enacted before January 1,
2005;
(2) a legislative mandate that is necessary to comply
with a requirement of the Texas Constitution, federal law, or a
court order; or
(3) a legislative mandate that creates a criminal
offense or changes the elements of a criminal offense.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2005.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment providing that
political subdivisions are exempt from unfunded legislative
mandates."