| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to evaluating and providing for efficient government |
|
|
resource allocation. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 107.002, Civil Practice and Remedies |
|
|
Code, is amended by adding Subsection (c) to read as follows: |
|
|
(c) A resolution granting permission to sue must be |
|
|
accompanied by a fiscal note under Chapter 314, Government Code. |
|
|
SECTION 2. Section 314.001, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 314.001. SYSTEM OF FISCAL NOTES. The Legislative |
|
|
Budget Board shall establish a system of fiscal notes identifying |
|
|
the probable costs of each bill or resolution, including a joint |
|
|
resolution or concurrent resolution, that authorizes or requires |
|
|
the expenditure or diversion of state funds for a purpose other than |
|
|
one provided for in the general appropriations bill. |
|
|
SECTION 3. Section 315.004(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) At the request of the lieutenant governor or speaker of |
|
|
the house of representatives, a state agency shall prepare an |
|
|
economic impact statement for any pending bill, concurrent |
|
|
resolution, or joint resolution that directly affects that agency. |
|
|
Preparation of the statement shall be coordinated through the |
|
|
Legislative Budget Board director. |
|
|
SECTION 4. Section 320.001, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 320.001. DEFINITION. In this chapter, "mandate" means |
|
|
a requirement or a restriction made by a statute enacted by the |
|
|
legislature or a rule enacted by a state agency [on or after January
|
|
|
1, 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. "Mandate" may |
|
|
include a required report but does not include a provision of |
|
|
additional flexibility in allocating resources. |
|
|
SECTION 5. Section 320.004, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 320.004. REVIEW OF UNFUNDED MANDATES. (a) The Sunset |
|
|
Advisory Commission may, in reviewing a state agency that affects |
|
|
political subdivisions [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 any [the] |
|
|
mandate; |
|
|
(2) conduct an evaluation on the benefits of the |
|
|
mandate and the costs of the mandate on affected political |
|
|
subdivisions; and |
|
|
(3) include the information in the commission's report |
|
|
under Sec. 325.010 [present a written report to the legislature and
|
|
|
the governor on the interagency work group's findings]. |
|
|
(b) During the review of a state agency, an affected |
|
|
political subdivision may present information to the commission |
|
|
regarding mandates and costs and may recommend statutory or rule |
|
|
changes to provide for more efficient use of resources. |
|
|
(c) A political subdivision may periodically review |
|
|
mandates and may address efficiency measures and operations, |
|
|
including recommendations for elimination of mandates. [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.] |
|
|
SECTION 6. Section 2001.024, Government Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) A fiscal note under Subsection (a) that affects a |
|
|
political subdivision may include a statement that evaluates |
|
|
whether the proposed rule creates an additional requirement or |
|
|
restriction on the political subdivision and, if so, whether any |
|
|
additional time or expenditures will be required. |
|
|
SECTION 7. The following provisions are repealed: |
|
|
(1) Section 320.003, Government Code; |
|
|
(2) Section 2056.011, Government Code; |
|
|
(3) Section 303.004, Labor Code; |
|
|
(4) Section 240.903, Local Government Code; and |
|
|
(5) Section 1951.212, Occupations Code. |
|
|
SECTION 8. 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, 2011. |