BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3298

                                                                                                                                       By: Callegari

                                                                                                                           Government Reform

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Various state statutes impose unfunded mandates on Texas cities and special districts.  These mandates increase the costs of cities' and districts' everyday functions while diminishing local control of their operations.  This bill eases the burden of unfunded mandates, by exempting cities and districts from certain unfunded mandates.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

The bill amends the Election Code to state that for an election of a city, or a special district, as defined by Section 43.052, Local Government Code, other than an election of that city that is held jointly with another election in which a federal office appears on the ballot, this section does not require the use of a voting station that meets the requirements for accessibility under 42 U.S.C. Section 15481(a)(3), unless the city receives state or federal funds in an amount sufficient to pay for all costs associated with providing the voting station.

 

The bill amends the Local Government Code to allow a county, municipality, or utility district to collect from a state agency or public institution of higher education any fee charged for the development or maintenance of programs of facilities for the control of excess water or storm water.

 

EFFECTIVE DATE

 

September 1, 2007

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute expands the bill's caption to include special districts; whereas the original bill does not.  Likewise, the substitute also adds special districts to the electronic voting machine exemption as defined.

 

The original bill amends Section 419.046 of the Government Code; whereas the substitute does not.