Texas House Bill HJR87

Texas 2021 - 87th Regular

Caption

Proposing a constitutional amendment to restrict the power of the legislature to mandate requirements on a municipality or county.

Impact

Should HJR87 be enacted, it would modify Article III of the Texas Constitution by adding Section 68, introducing a new requirement for the legislature to financially support any unfunded mandates imposed on local entities. This constitutional change is significant as it intends to protect municipalities and counties from unexpected financial burdens imposed by the legislature, potentially leading to more sustainable governance at the local level. Local governments may experience fewer constraints regarding state regulations if they are assured funding for necessary changes or expansions of services.

Summary

HJR87 is a joint resolution proposing a constitutional amendment that seeks to limit the Texas legislature's authority to impose financial requirements on municipalities and counties without providing sufficient funding. Specifically, the amendment aims to ensure that any law enacted after January 1, 2022, that mandates a municipality or county to undertake a duty requiring expenditure of funds will only be effective if state appropriations are made to cover those costs. This would alter the current power dynamic where local governments could be bound by state mandates without financial backing from the state.

Contention

The proposal may generate notable contention as proponents argue it would empower local governments and provide them with the financial means to respond to state mandates effectively. Critics, however, may contend that such restrictions could hinder the legislature's ability to enforce state policies uniformly and could complicate the funding strategies for statewide initiatives. Questions may also arise regarding the adequacy of state appropriations and whether it could limit the practical enforcement of essential state laws on local jurisdictions.