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A JOINT RESOLUTION
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proposing a constitutional amendment allowing a state mandate |
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imposed on a county to have effect only if the state provides for |
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payment to the county of the cost of the mandate. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 68 to read as follows: |
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Sec. 68. (a) A mandate adopted on or after January 1, 2012, |
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by the legislature or by rule of a state agency that requires a |
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county to establish, expand, or modify an activity in any way that |
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requires the expenditure of revenue by the county that would not |
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have been required in the absence of the statute or rule is |
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effective only if the legislature appropriates or otherwise |
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provides for payment or reimbursement to the county of the costs |
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incurred by the county in complying with the requirement. |
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(b) This section does not apply to a mandate: |
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(1) imposed by the legislature or a state agency to |
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comply with a requirement of this constitution, federal law, or a |
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court order; |
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(2) approved by the voters of this state at a general |
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election; |
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(3) imposed by a statute enacted by a record vote of |
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two-thirds of the members elected to each house that expressly |
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provides that the mandate is not subject to this section; or |
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(4) estimated by the comptroller to have aggregated |
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costs to be incurred by the counties of this state in complying with |
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the mandate that are less than $1 million in a state fiscal year. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 8, 2011. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment allowing a state |
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mandate imposed on a county to have effect only if the state |
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provides for payment to the county of the cost of the mandate." |