BILL ANALYSIS

S.J.R. 26

By: West

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Observers note that cities and counties have been encouraged to jointly administer programs under certain provisions of law but constitutional requirements have inhibited that collaboration.  While numerous cities and counties in Texas have expressed the need and desire to consolidate services and programs, the interpretation of certain statutory and constitutional provisions has impeded the ability of these local governments to increase efficiency by contracting with each other to jointly provide services.  S.J.R. 26 seeks to address this situation by proposing a constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund.  

RULEMAKING AUTHORITY

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

ANALYSIS

S.J.R. 26 proposes an amendment to the Texas Constitution to authorize the legislature, by general law and for the purpose of increasing efficiency and effectiveness to the greatest extent possible, to authorize a city or county to enter into interlocal contracts with other cities or counties without meeting the requirement for the city or county, before incurring any debt, to provide for the assessment and collection of a sufficient tax to pay the interest on the debt and to provide a sinking fund of at least two percent. The resolution makes conforming changes and sets out the required ballot language.

ELECTION DATE

The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 8, 2011.