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  82R5253 PAM-F
 
  By: Coleman H.J.R. No. 89
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment allowing a state mandate
  imposed on a county to have effect only if the state provides for
  payment to the county of the cost of the mandate.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article III, Texas Constitution, is amended by
  adding Section 68 to read as follows:
         Sec. 68.  (a)  A mandate adopted on or after January 1, 2012,
  by the legislature or by rule of a state agency that requires a
  county to establish, expand, or modify an activity in any way that
  requires the expenditure of revenue by the county that would not
  have been required in the absence of the statute or rule is
  effective only if the legislature appropriates or otherwise
  provides for payment or reimbursement to the county of the costs
  incurred by the county in complying with the requirement.
         (b)  This section does not apply to a mandate:
               (1)  imposed by the legislature or a state agency to
  comply with a requirement of this constitution, federal law, or a
  court order;
               (2)  approved by the voters of this state at a general
  election;
               (3)  imposed by a statute enacted by a record vote of
  two-thirds of the members elected to each house that expressly
  provides that the mandate is not subject to this section; or
               (4)  estimated by the comptroller to have aggregated
  costs to be incurred by the counties of this state in complying with
  the mandate that are less than $1 million in a state fiscal year.
         SECTION 2.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2011.  
  The ballot shall be printed to permit voting for or against the
  proposition:  "The constitutional amendment allowing a state
  mandate imposed on a county to have effect only if the state
  provides for payment to the county of the cost of the mandate."