85R1922 KLA-F

By: Creighton S.B. No. 806

A BILL TO BE ENTITLED

AN ACT

relating to a report concerning, and actions by certain state officers regarding, federal money provided to this state that is subject to a coercive federal condition.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 322, Government Code, is amended by adding Section 322.0083 to read as follows:

Sec. 322.0083. REPORT ON FEDERAL MONEY SUBJECT TO COERCIVE FEDERAL CONDITION. (a) In this section, "coercive federal condition" means a condition in a category described by Subsection (c)(3) that is imposed by the federal government as a condition on this state's receipt of federal money.

(b) The Legislative Budget Board shall prepare a report concerning federal money provided, or to be provided, to this state that is:

(1) included as a method of finance in the general appropriations act for a state fiscal biennium that becomes law; and

(2) subject to a coercive federal condition.

(c) The report under this section must include:

(1) a detailed description of each federal agency, program, or other source from or through which this state has received or will receive more than $5 million of federal money described by Subsection (b) for use during the state fiscal biennium covered by the general appropriations act in which the money is included as a method of finance;

(2) with respect to each source identified in Subdivision (1) and based on federal law and any administrative guidance issued with respect to that federal law, a detailed description of each condition that must be met for this state to receive or continue to receive the federal money from that source; and

(3) a classification of the conditions described as required by Subdivision (2) according to the following categories:

(A) conditions that prescribe the manner in which the federal money must be spent;

(B) conditions that prescribe the manner in which any related state or local money must be spent, including any maintenance of effort or similar requirement; and

(C) conditions that relate to policy or other matters other than prescribing the manner in which federal, state, or local money must be spent.

(d) The Legislative Budget Board shall provide the report required by this section to the legislature, the governor, and the attorney general not later than the 90th day after the last day of the regular or special legislative session during which the legislature enacts the general appropriations act on which the report is based.

SECTION 2. Subchapter F, Chapter 401, Government Code, is amended by adding Section 401.106 to read as follows:

Sec. 401.106. INTERSTATE COORDINATION REGARDING FEDERAL MONEY SUBJECT TO COERCIVE FEDERAL CONDITION. (a) In this section, "coercive federal condition" has the meaning assigned by Section 322.0083.

(b) It is the policy of this state that this state should collaborate with other states to terminate states' participation in any federal program under which states receive federal money subject to a coercive federal condition and, if necessary, substitute a state program that reflects the preferences of residents of the affected state.

(c) The governor shall consult with the governors of other states to develop a coordinated approach consistent with the policy under Subsection (b) for addressing issues relating to federal money subject to a coercive federal condition that is provided to the states by the federal government.

SECTION 3. Subchapter B, Chapter 402, Government Code, is amended by adding Section 402.0211 to read as follows:

Sec. 402.0211. REPRESENTATION OF STATE IN MATTERS INVOLVING FEDERAL MONEY SUBJECT TO COERCIVE FEDERAL CONDITION. (a) In this section, "coercive federal condition" has the meaning assigned by Section 322.0083.

(b) It is the policy of this state that the provision to this state by the federal government of federal money that is subject to a coercive federal condition is:

(1) unconstitutional under the United States Constitution;

(2) incompatible with the structure of the relationship between the federal government and states as outlined in the United States Constitution; and

(3) incompatible with the guarantee in the United States Constitution of a democratic representative form of government for the states.

(c) Consistent with the policy of this state provided by Subsection (b), the attorney general may file an action in the name of this state in a federal court to enjoin the enforcement of a coercive federal condition applicable to federal money this state receives.

SECTION 4. Notwithstanding Section 322.0083(d), Government Code, as added by this Act, the Legislative Budget Board shall provide the initial report required by that section to the legislature, the governor, and the attorney general not later than:

(1) September 1, 2017, if the legislature enacts the general appropriations act for the state fiscal biennium beginning September 1, 2017, during the 85th Regular Session and the act becomes law; or

(2) the 90th day after the last day of a special legislative session of the 85th Legislature during which that legislature enacts the general appropriations act for the state fiscal biennium beginning September 1, 2017, if that act becomes law.

SECTION 5. 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, 2017.