79R1971 JRD-F

By:  Casteel                                                    H.J.R. No. 41 



A JOINT RESOLUTION

proposing a constitutional amendment prohibiting the state from 
reducing the proportion of the costs paid by the state for a 
function imposed by the state on political subdivisions; from 
requiring political subdivisions to perform a new function or to 
perform an existing function in a more costly way unless the state 
pays for the new or additional costs; and from otherwise adopting a 
law that requires the expenditure of money by a political 
subdivision for any purpose unless state funding for the purpose is 
provided.
	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)  The state may not reduce the proportion of the 
costs paid by the state as of August 31, 2005, for an activity or 
service that a political subdivision is required by state law to 
perform unless the state reduces the required level of the activity 
or service in direct proportion to the proportionate reduction in 
state financing.
	(b)  The legislature or a state officer or agency in the 
executive branch of state government may not require a political 
subdivision to perform a new activity or service, or to increase the 
level of an existing activity or service above the level required by 
state law as of August 31, 2005, unless the legislature 
appropriates money to pay the political subdivision for the costs, 
or for the increased costs, as applicable, of performing the 
activity or service.
	(c)  Except as provided by Subsection (b) of this section, 
the legislature may not enact a law after January 1, 2006, that 
requires the expenditure of money by a political subdivision for 
any purpose.
	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 prohibiting the state 
from reducing the proportion of the costs paid by the state for a 
function imposed by the state on political subdivisions; from 
requiring political subdivisions to perform a new function or to 
perform an existing function in a more costly way unless the state 
pays for the new or additional costs; and from otherwise adopting a 
law that requires the expenditure of money by a political 
subdivision for any purpose unless state funding for the purpose is 
provided."