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A JOINT RESOLUTION
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proposing a constitutional amendment to require the legislature to |
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provide for the reimbursement of certain political subdivisions for |
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the implementation of laws that establish, expand, or modify a duty |
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or activity that requires the expenditure of revenue. |
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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) Except as provided by Subsections (b) and (c) |
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of this section, a provision of law enacted by the legislature |
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through a bill that becomes law on or after January 1, 2020, that |
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requires a political subdivision to establish, expand, or modify a |
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duty or activity that requires the expenditure of revenue by the |
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political subdivision shall provide for one of the following |
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methods for the reimbursement to each political subdivision |
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affected by the requirement of the estimated cost to the political |
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subdivision to comply with the requirement or rules adopted under |
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the requirement: |
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(1) by appropriating the total estimated cost to all |
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political subdivisions affected by the requirement for the period |
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that begins on the date the bill takes effect; |
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(2) by authorizing or requiring each political |
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subdivision affected by the requirement to impose a fee, charge, |
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assessment, or similar payment for the express purpose of |
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reimbursing the political subdivision for the estimated cost for |
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the period that begins on the date the bill takes effect; or |
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(3) by otherwise providing from a source other than |
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the revenue of a political subdivision for the reimbursement of the |
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estimated cost to each affected political subdivision for the |
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period that begins on the date the bill takes effect. |
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(b) Subsection (a) of this section does not apply to: |
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(1) a provision of law that imposes a requirement |
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described by that subsection only on one or more of the following |
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political subdivisions: |
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(A) an independent school district; |
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(B) a junior college district; or |
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(C) a political subdivision that employs in any |
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capacity a person required to register as a lobbyist under Chapter |
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305, Government Code; or |
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(2) a provision of law that imposes a requirement |
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described by that subsection that is required to be enacted by: |
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(A) this constitution; |
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(B) the United States Constitution; |
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(C) a federal law; or |
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(D) an order of a state or federal court. |
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(c) Subsection (a) of this section is not effective unless |
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the legislature by general law has prescribed procedural |
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requirements applicable to the consideration of a bill described by |
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Subsection (a) of this section, including requirements related to: |
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(1) identifying each bill that includes a requirement |
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described by Subsection (a) of this section; and |
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(2) providing the fiscal implications and probable |
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cost of each bill described by Subsection (a) of this section to the |
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members of the legislature. |
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(d) A political subdivision entitled to reimbursement under |
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Subsection (a) of this section may spend public money for |
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membership fees and dues of a nonprofit state association or |
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organization of similar political subdivisions only if: |
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(1) the association or organization exists for the |
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betterment of local government and the benefit of all local |
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officials; and |
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(2) the association or organization does not: |
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(A) employ in any capacity a person required to |
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register as a lobbyist under Chapter 305, Government Code; |
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(B) directly or indirectly contribute money, |
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services, or other thing of value to a political campaign; or |
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(C) endorse a candidate or group of candidates |
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for public office. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 86th Legislature, |
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Regular Session, 2019, to require the legislature to provide for |
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the reimbursement of certain political subdivisions for the |
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implementation of laws that establish, expand, or modify a duty or |
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activity that requires the expenditure of revenue. |
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(b) Section 68, Article III, of this constitution takes |
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effect January 1, 2020, and applies only to a provision of law |
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enacted by the legislature through a bill that passes during a |
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regular or special session of the legislature that is convened on or |
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after that date. |
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(c) This temporary provision expires January 1, 2021. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2019. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to require the |
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legislature to provide for the reimbursement of certain political |
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subdivisions for the implementation of laws that establish, expand, |
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or modify a duty or activity that requires the expenditure of |
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revenue." |