80R8931 JSA-D

By: Homer H.B. No. 3931

A BILL TO BE ENTITLED

AN ACT

relating to unfunded legislative mandates on local governments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 320.001, Government Code, is amended to read as follows:

Sec. 320.001. DEFINITION. In this chapter, "mandate" means a requirement made by a statute enacted by the legislature on or after January 1, 2007 [1997], that requires a political subdivision to establish, expand, or modify an activity in a way that requires the expenditure of revenue by the political subdivision that would not have been required in the absence of the statutory provision.

SECTION 2. 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 3. Section 320.003, Government Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) Notwithstanding Subsection (a), the interagency work group shall publish the list of mandates for which the legislature has not provided reimbursement under Subsection (b) and that were enacted by the legislature during the regular session of the 80th Legislature not later than November 1, 2007. This subsection expires September 2, 2011.

SECTION 4. 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 money 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 5. 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, 2007.