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A JOINT RESOLUTION
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proposing a constitutional amendment exempting political |
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subdivisions from unfunded legislative mandates and authorizing |
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the legislature to provide funding for legislative mandates on |
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political subdivisions. |
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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) In this section, "legislative mandate" means |
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a statutory provision enacted by the legislature that requires a |
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political subdivision to establish, expand, or modify an activity |
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in a way that requires an expenditure of revenue that would not have |
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been required in the absence of the provision. |
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(b) For purposes of this section, a legislative mandate is |
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considered to be unfunded during any period for which the |
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legislature has not appropriated money, if authorized by this |
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constitution to do so, or otherwise provided a source of funding |
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other than revenue of the political subdivision that is estimated |
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to be sufficient to meet the cost of financing the expenditure, as |
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determined by law. The legislature by general law or appropriation |
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may provide for reimbursement or other payment of the costs |
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incurred by political subdivisions in complying with an unfunded |
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legislative mandate. |
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(c) A political subdivision is exempt from a legislative |
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mandate during a period in which the mandate is unfunded. The |
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legislature by general law may authorize a commission or other |
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body, which may include members of the legislature, to identify |
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legislative mandates and determine whether a legislative mandate is |
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considered unfunded for a specific period. |
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(d) The legislature by general law may provide a method by |
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which an unfunded legislative mandate is suspended or expires. |
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(e) This section does not apply to: |
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(1) a legislative mandate enacted before January 1, |
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2011; |
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(2) a legislative mandate that is necessary to comply |
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with a requirement of the Texas Constitution, federal law, or a |
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court order; or |
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(3) a legislative mandate that creates a criminal |
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offense or changes the elements of a criminal offense. |
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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 exempting political |
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subdivisions from unfunded legislative mandates." |